Cinemark Is Shaking Down The Colorado Theater Shooting Victims For $700,000

(Credit: AP Photo/Brennan Linsley)

Wait!  What? (ks)

THINK PROGRESS (Justice)

Four years ago, a gunman opened fire on the audience of an Aurora, Colorado movie theater, killing 12 and wounding 70. Now, Cinemark, the movie theater chain where the attack occurred, is asking victims and their families for thousands of dollars.

Last month, a state jury ruled that Cinemark wasn’t liable for massacre. The movie theater chain — which is the nation’s third largest — then filed paperwork seeking $699,187.13 in legal fees from the plaintiffs, as reported by Deadline.

It’s not altogether unusual for the victor in a civil case to seek legal redress from the other party, but in this case, the victor is a massive movie chain conglomerate, suing victims of a gun massacre— some of whom are survivors, and some of whom are the parents of those who were killed. Many of those killed in the shooting died while protecting others.

The plaintiff’s attorney indicated after the loss that they intended to appeal the decision, calling itan “unjust verdict.” Oftentimes, the winning side of a civil case will agree to drop cost demands in exchange for no appeal being filed, which means that this legal move may be a strategic tactic aimed at bringing the litigation to an end.

In a separate case, on June 24 a federal court dismissed a similar lawsuit alleging that the chain had been negligent. In that case as well, the court awarded Cinemark “reasonable costs,” though the chain has yet to name a number. More than half of the victims in that case settled privately with Cinemark; one of the victims said the possibility of having to pay the company’s legal fees was a factor in his decision to settle, as reported by the Denver Post.

Judges must still approve the fine totals before people will be required to pay up, which means that the victims may not ultimately have to pay it, but the intimidation factor remains all the same. In a direct contrast, in 2012 three of the five hospitals who treated the victims said they would limit or forgive their medical bills.

While the victims of the Aurora massacre are targeting the movie theater chain, arguing that the lax security allowed for the tragedy, victims of the Sandy Hook shooting are taking a different approach: Targeting the gun manufacturers themselves. In a novel lawsuit, the families of the children and teachers killed at Sandy Hook Elementary are arguing that by selling and marketing the AR-15, the assault rifle used in Sandy Hook, Aurora, and San Bernardino, to the public instead of the military and trained professionals, the companies are negligently selling the gun to people who are likely to cause grievous harm.

BY LAUREL RAYMOND

‘A CRIME AGAINST WOMEN’

THE HUFFINGTON POST

Andy Cross via Getty Images

Gunman Told Police ‘No More Baby Parts’… Neighbor: ‘He Wasn’t Right In The Head’… Unsettling Past… Ex-Wife Alleged Domestic Violence… Survivor Describes Haunting Encounter… Slain Officer Remembered As ‘Man Of Courage’… Colorado Springs: A Hub For Conservative Christians… Anti-Choice Groups Condemn Attack… Colo. Clinics Will Remain Open…

The Drama Behind The Next Republican Debate

CREDIT: AP PHOTO/MARK J. TERRILL)

THINK PROGRESS

There seems to be just a little less excitement than usual surrounding Wednesday’s Republican presidential debate. It is, after all, the third of twelve debates scheduled this season, and the candidates are the same as last time, minus Scott Walker. The New York Times even hinted at the routineness of it all, its most recent debate-related headline focusing on the “familiar risks” the candidates face.

But there is some drama surrounding this upcoming event. And it has to do with the debate’s location — the University of Colorado Boulder, or CU-Boulder.

Since September, there’s been an twinge of animosity among some students who claim they were misled about what housing a presidential debate on campus would be like. They thought they would be getting an unique education in American politics, but instead, some say they’re only getting a lesson in marketing.

“The college framed [this debate] as a real chance for the students to have this meaningful political experience,” said CU-Boulder student Aaron Estevez-Miller, 21, in an interview with ThinkProgress. “In the months since then, the university and chancellor have really failed to deliver on this promise.”

The controversy goes like this: Wednesday’s debate is to be held in CU-Boulder’s 11,000-seat Coors Event Center, and students expected some seats would be open to some of the 30,000 university students. Instead, the Republican National Committee and CNBC originally made only 50 tickets available to the community — that’s including faculty, university board members, and a select few number of students. (On Monday, under pressure, the RNC increased that number to 150.) And the majority of those select few student are from majors like political science and economics, Estevez-Miller said.

The University and the RNC had justified this by noting that most of the space in the arena will be taken up by cameras and the CNBC broadcast team. This is commonplace — At the first Republican debate in Cleveland, only 4,500 attended, though the Quicken Loans Arena seats more than 20,500. But to Estevez-Miller and his group, Student Voices Count, school officials are using the debate as a marketing opportunity.

“They’re sacrificing young people’s political experiences to the arbitrarily defined benefit of media value and exposure,” he said. “People here are voting in their first presidential election — it’s important that they have a meaningful experience with American democracy, and [the college] is not leaving that impression on young people.”

Estevez-Miller does not go as far to suggest that the school or CNBC or the Republican National Committee are trying to keep students out for political reasons (he emphasizes the Student Voices Count is non-partisan). But it has been suggested by the fact that progressive politicians andgroups have joined the call for more student participation. ProgressNow Colorado is calling for at least half of the seats to be made available for students, and while it doesn’t say it outright, its recent press release seems to accuse the Republican candidates of being scared of the progressive student body.

“If the GOP refuses to allow students to even attend a presidential debate on their own campus, what does that say about the candidates?” Amy Runyon-Harms of ProgressNow Colorado said inthe statement.

It seems like a long shot that more seats will be made available to students before Wednesday’s event. In a Monday release, CU-Boulder Chancellor Philip P. DiStefeno said the campus would have “many related opportunities for our students, whether that’s attending a watch party, participating in a faculty-led discussion of the issues, volunteering with CNBC’s production or attending classroom presentations led by prominent journalists.”

For what it’s worth, Estevez-Miller and Student Voices Count is having its own related event on Wednesday — a livestreamed discussion and Q&A session on politics with moderators from both progressive and conservative viewpoints. Local politicians from both sides of the aisle are scheduled to attend and be questioned. Even Democratic presidential candidate Martin O’Malley reached out to the Student Voices Count event, Estevez-Miller said. (O’Malley’s campaign would not, however, confirm to ThinkProgress that he would be there.) Estevez-Miller said the group would love to see Republican candidates attend his discussion as well.

“It’s very easy for people across the country to assume that a liberal community like Boulder has no business receiving some of the country’s most conservative candidates,” he said. “I would simply ask those skeptics that we take the opportunity to prove them wrong. If a couple student volunteers can pull of a national movement like Student Voices Count in a couple months in a way that’s non-partisan and positive, it just goes to show that we should be expecting this from our national legislatures.”

EMILY ATKIN

10 things you need to know today: July 3, 2014

A pat down at LAX in February. 
A pat down at LAX in February. (David McNew/Getty Images)

The Week

Homeland Security tightens screening for U.S.-bound flights, the season’s first hurricane heads toward the Carolinas, and more

1. Security tightened for U.S.-bound flights over bomb fears
The Homeland Security Department said Wednesday that it was increasing security screening at overseas airports with non-stop flights to the U.S. due to reports that terrorists had developed a new way to smuggle explosives onto planes. Intelligence agencies have not uncovered a specific plot, but they recently learned that a bomb maker working for Al Qaeda in the Arabian Peninsula in Yemen had developed a technique for evading metal detectors and body scanners. [Los Angeles Times]

………………………………………………………………………………

2. Evacuation ordered for part of North Carolina coast as Arthur gains strength
Tropical Storm Arthur reached hurricane strength early Thursday, with winds of 75 mph as it churned north toward the Carolinas. Arthur, the first named storm of the 2014 Atlantic season, was 190 miles south-southeast of Cape Fear, North Carolina, at 4:50 a.m. on Thursday. Hurricane warnings have been issued for parts of the North Carolina coast. Local authorities have ordered a mandatory evacuation on the Outer Banks’ Hatteras Island and a voluntary evacuation on Ocracoke Island. [NBC NewsFox News]

………………………………………………………………………………

3. Colorado woman, 19, charged with trying to help ISIS suspect in Syria
A Colorado teen, Shannon Maureen Conley, was arrested in April for allegedly plotting to help al Qaeda terrorists overseas, according to court documents that were unsealed Wednesday. Conley, 19, was arrested while boarding a flight to Turkey. Authorities believe she was trying to reach Syria to find a Tunisian man she met online. Conley hoped to marry the man, who said he was fighting for Islamic State of Iraq and Syria (ISIS). She had asked her parents for their blessing. They refused, and notified the FBI. [New York Daily News]

………………………………………………………………………………

4. Colorado asks for a moratorium on gay marriage lawsuits
The Colorado attorney general’s office asked a federal court Wednesday for an injunction to suspend same-sex marriage lawsuits in the state until the U.S. Supreme Court rules on whether gay-marriage bans are constitutional. A federal appeals court in Denver ruled last week that Utah could not stop same-sex couples from getting married, but stayed the ruling pending review by the Supreme Court. Since then six Denver couples have sued to overturn a Colorado constitutional amendment defining marriage as the union of a man and a woman. [Reuters]

………………………………………………………………………………

5. Sarkozy criticizes French prosecutors over his detention in corruption case
Former French president Nicolas Sarkozy slammed anticorruption investigators on Wednesday after he was hauled in for questioning about possible attempts to tamper with an investigation into the financing of his 2007 election campaign. Prosecutors say Sarkozy, through a lawyer, tried to get information from a judge about an inquiry into whether he received up to $68 million in illegal contributions from Libya’s Moammar Gadhafi. Sarkozy called his detention politically motivated and “grotesque.” [The New York Times]

………………………………………………………………………………

6. Fire threatens California wine country homes
A wildfire has damaged two homes and forced the evacuation of 200 others in Napa County in Northern California. Authorities said however that the blaze, which grew to cover six square miles on Wednesday, posed no threat to Napa Valley wineries, as it was heading away from them. More than 1,000 firefighters are working to contain the fire, although forecasters expect Thursday to bring more of the hot, dry conditions that helped the fire expand a day earlier. [The Associated Press]

………………………………………………………………………………

7. Tensions rise in Israel after killings of teenagers
Palestinian protesters and Israeli police clashed on Wednesday following the abduction and murder of an Arab teenager, Mohammad Abu Khieder in apparent retaliation for the killings of three kidnapped Israeli teens. Israeli Prime Minister Benjamin Netanyahu called for restraint as the case was investigated. Palestinians blamed Jewish settlers for the Palestinian teen’s death. Israel’s air force launched air strikes on Gaza early Thursday in response to mortar fire by suspected Palestinian militants. [The Washington PostBBC News]

………………………………………………………………………………

8. Target asks people not to bring guns into its stores
Target announced Wednesday that it “respectfully” requests that customers not bring guns into its stores. “This is a request and not a prohibition,” said Molly Snyder of Target’s public relations department. The decision came after a month of pressure from Moms Demand Action for Gun Sense in America. Target didn’t say what it would do if someone didn’t comply. Fourteen states let people with permits openly carry guns. Thirty allow open carry without permits. [Los Angeles Times]

………………………………………………………………………………

9. Japan eases sanctions against North Korea
Japan is lifting some economic sanctions against North Korea because Pyongyang has promised to resume investigations into the abduction of Japanese nationals in the 1970s and 1980s, Japanese Prime Minister Shinzo Abe announced Thursday. North Korea acknowledged in 2002 that it snatched 13 Japanese citizens to teach its spies about Japanese language and culture. The sanctions being lifted include a ban preventing North Korean officials from entering Japan. South Korea said the change shouldn’t damage efforts to pressure Pyonyang over its nuclear and missile programs. [The Asahi ShimbunVoice of America]

………………………………………………………………………………

10. Consumer Reports fuels the fast food wars
Consumer Reports released its annual fast-food survey, and industry leaders McDonald’s, KFC, and Taco Bell got panned in taste tests by more than 30,000 Consumer Reports subscribers. The chains each scored the worst for their signature fare — McDonald’s had the worst burger ranking; KFC scored worst for chicken; and Taco Bell scored the worst rating for burritos. Habit Burger Grill, In-n-Out, and Five Guys Burgers scored highest for burgers with ratings of 8.1, 8.0 and 7.9 respectively. McDonald’s scored 5.8. [The Washington Post]

One Thing GOPer Tom Tancredo Knows about the Negro – They Shouldn’t Be President

tom_tancredo
Tom Tancredo

PoliticusUSA

Tom Tancredo, Republican member of the House of Representatives from 1999-2009 and now a candidate for Governor of Colorado, told a Republican group – the Jefferson County Republican Men’s Club – that President Barack Obama,whom he has previously called a “street hustler,” was the “dictator-in-chief,” that he has “methodically shredded the Constitution,” and that he is “the most dangerous thing – he’s more dangerous than any other threat we face as a nation.”

I think I hear a “Whites Only” America in there, do you?

We have a guy in the White House that I believe, and have seen it on many occasions, is the most dangerous thing — he’s more dangerous than any other threat we face as a nation,” Tancredo said. “Barack Obama, I believe, is dedicated to destroying the America that I love.

Except, one would assume, the Supreme Court. I mean, they’re the ones flushing the U.S. Constitution and First Amendment down the toilet an turning our democracy into an oligarchy. But somehow, President Obama, who has actually upheld the Constitution, is the threat. Well, that’s true in a way. He is definitely a threat to traitors like Tancredo.

The Colorado Statesman reports Tancredo as having said that “Barack Obama, I believe, is dedicated to destroying the America that I love.”

Except the America Tancredo loves isn’t an America that actually exists, or was even ever intended to exist. In fact, the one Tancredo and other Republicans want is specifically BANNED by the U.S. Constitution.

“He should have been impeached many times,” Tancredo says, without ever explaining why, beyond Tancredo’s obvious racism. See what I mean:

(From The Colorado Statesman)
Tancredo said that members of the House of Representatives ought to introduce Bills of Impeachment, even if it wasn’t probable that the Senate would convict the president, because, he said, it’s important to list the complaints against Obama. Tancredo ticked off several potential charges, including the so-called Fast and Furious scandal, the White House’s reaction to an attack on the U.S. consulate in Benghazi, Libya, and Obama’s use of executive orders to enact policy. He called it “dangerous” to avoid initiating impeachment because that might give the next president “carte blanche” to run wild.

Fast and Furious is no scandal. The Benghazi scandal is a scandal only in how the Republicans reacted to what is a decades-old history of attacks on US Consulates…

embassy-attcks

And in fact, embassy attacks have decreased dramatically under Obama:

diplomatic-attacks4

…and ALL presidents are allowed to issue executive orders, not only Republican presidents. As Media Matters pointed out in February, in response to Fox News’ hysteria over Obama’s executive orders that,

Obama has issued fewer executive orders per year on average than any president in the last 117 years. In his first 5 years in office, Obama has issued 168 executive orders. To put that in context, at this same point in his presidency, Reagan had issued 256. George W. Bush had issued 197.

executive_orders_chart

Obvious, you ask? Tancredo loves himself some Cliven Bundy. Yessir he does.

From The Colorado Statesman:

The standoff in Nevada between the Bureau of Land Management and cattle rancher Cliven Bundy — the feds charge he owes years of unpaid grazing fees — is “a flashpoint” in the debate over state sovereignty, Tancredo said.

Racism? What racism? This is a Tenth Amendment issue and Cliven Bundy is some modern day white’s only gen-u-ine patriot hero! Just like Tancredo’s other hero, Ted Nugent!

But the fly in the buttermilk is that the country he claims to love has NO state sovereignty beyond the Tenth Amendment’s “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The U.S. Constitution trumps state constitutions and federal law trumps state law when they come into conflict. Tancredo might want to familiarize himself with the Fourteenth Amendment. You know, the Amendment that resulted from the last time yokels like Tancredo raised arms against the legitimate government of this country.

To say Tancredo wants to take a rather broad interpretation of that sentence is to understate the case.

American States are not the independent nations they were in Tancredo’s ideal world of the pre-U.S. Constitution Articles of Confederation.

We are going to have to establish the whole idea of state’s rights, of the 10th Amendment, The fight is going to have to start somewhere. Let it be here, I firmly believe, because I am willing to do it. Not only willing, I am looking forward to it.

Tancredo assured the manly men’s sewing circle that should the feds try to bully some poor racist Negro-expert welfare-queen rancher in Colorado while he’s governor, “We will have one hell of a battle about that and I will use every single lever at my disposal to stop that.”

Tancredo isn’t running for governor. He is running for banana Republican strongman of Colorado. He isn’t promising to uphold the Constitution but to violate it at every opportunity. The Constitution is not just the Tenth Amendment, or just the Second and the Tenth. The Constitution is much more than that, and it is not an excuse for bad behavior. It certainly does not justify armed rebellion against the legally established federal government.

Friday Blog Roundup – 9-20-2013

John McCain takes on Putin

Late Night: Is the Pope Catholic?

Why do Republicans hate children?

Ted Cruz unmasks his own confidence game

13 Wounded as Gunmen Open Fire in Chicago Park

Obama hits the road as House Republicans vote in budget battle

Fox Panelists Agree: Successful Anti-Poverty Programs Are Useless

2014 election campaign is underway in battle for control of Congress

Putin: Gays face no discrimination in Russia, are depopulating Europe

Chris Hayes: ‘I cannot find one Republican who has anything constructive to say’

Colorado lawmaker mocks poverty hearing with ‘silent protest’ by bringing fried chicken

Colorado state Rep. Lori Saine (KDVR)

In case you’re wondering why I’m posting this…suffice it to say, for all who claim racism is dead, read carefully:

The Raw Story

Colorado state Rep. Lori Saine (R) reportedly brought fried chicken to a hearing on poverty as a protest after a fellow lawmaker was criticized last month for blaming the diet of African-Americans and Hispanics for racial disparities in the poverty rate.

At the legislature’s Economic Opportunity Poverty Reduction Task Force last month, Sen. Vicki Marble (R) had pointed to “barbecue” and “chicken” as part of the problem behind higher poverty rates for minorities.

Rep. Rhonda Fields (D) almost immediately fired back that she was not going to “engage in a dialogue where I’m in the company where you are using the stereotype references about African Americans and chicken and food and all kinds of things.”

“So I will ask that you suspend your perceptions and judgments about African Americans, about poverty — what we’re trying to do is come up with solutions and it’s not about chicken,” Fields said.

After over two weeks and a Labor Day holiday, the controversy had mostly died down — until Saine showed up at Wednesday’s hearing with a box of Popeye’s fried chicken.

KDVR’s Justin Joseph reported that one person in the room heard Saine say that she had brought the chicken in “silent protest” of the way Marble had been treated after her remarks last month.

But when Joseph tried to confront the lawmaker, he received more giggles than explanations.

“I’m having chicken for dinner,” she said. “Would you like a [press conference] at my house?”

Saine also she had “no idea” what the KDVR reporter was talking about when he referred to the controversy regarding Marble linking poverty to chicken.

Following the hearing, Fields told the station that she was not surprised.

“It’s just the same people showing their true character,” she said.

Watch video from KDVR, broadcast Sept. 4, 2013 here and here.

Ouch! Sarah Silverman’s Tweet For WI Governor Scott Walker

Liberals Unite

The infamous Scott Walker recently signed a mandatory bill to force any woman wanting to get an abortion in Wisconsin to undergo a medically unnecessary and invasive vaginal ultrasound so she can have an “informed decision.” Here’s comedian and actor Sarah Silverman’s response, which was retweeted by some Democratic state politicians, causing the Republicans to cry, “rape threat to Scott Walker!” Oh, the delicious irony.

So tell us in the comments — was this over the top?

 

In Colorado, Blacks Make Up 4 Percent Of The Population And 100 Percent Of Death Row

The reality is this:  The stats in the title of this article are not surprising to the African American community because:

–  54% of African Americans graduate from high school, compared to more than three quarters of white
and Asian students.

–  Nationally, African American male students in grades K-12 were nearly 2½ times as likely to be suspended from school in 2000 as white students.

–  In 2007, nearly 6.2 million young people were high school dropouts. Every student who does not complete high school costs our society an estimated $260,000 in lost earnings, taxes, and productivity.

–  On average, African American twelfth-grade students read at the same level as white eighth-grade students.

–  The twelfth-grade reading scores of African American males were significantly lower than those for men and women across every other racial and ethnic group.

–  Only 14% of African American eighth graders score at or above the proficient level. These results reveal that millions of young people cannot understand or evaluate text, provide relevant details, or support inferences about the written documents they read.

–  The majority of the 2.3 million people incarcerated in U.S. prisons and jails are people of color, people with mental health issues and drug addiction, people with low levels of educational attainment, and people with a history of unemployment or underemployment.

Source: PBS.org

Think Progress

In March, Colorado came close to becoming the 19th state to abolish the death penalty, but the bill failed after Gov. John Hickenlooper (D) voiced opposition and suggested a possible veto. A few months later, Colorado’s death penalty is still firmly in place, and the state is poised to complete what would be only the second execution in 45 years (the last was in 1997). Few dispute that Nathan Dunlap committed a horrific crime and murdered several people at a Chuck E. Cheese. But judges, university professors, and other prominent state leaders are urging Gov. Hickenlooper to commute Dunlap’s sentence, both because crucial errors that defined his trial may have led him to get a harsher sentence than others, and because killing anyone under the perverted state system would be a miscarriage of justice. According to letters filed with Hickenlooper’s office:

  • All three people on death row are black men. In a state that is only 4.3% African American, Colorado’s death row is 100% African American.
  • All three men on death are from the same one county, out of Colorado’s 64.
  • All three men committed their crime when they were under the age of 21.
  • Two law professors who studied Colorado’s application of the death penalty concluded it was unconstitutional, after finding that prosecutors pursue the death penalty in less than one percent of the cases where it is an option, and that the state failed to set “clear statutory standards for distinguishing between the few who are executed and the many who commit murder.”

“It appears that race, geography and youth largely determines who gets the death penalty in Colorado,” wrote a group of NAACP leaders in a letter urging Gov. Hickenlooper to grant clemency. They note that not a single black juror served on the panel that sentenced Dunlap to death.

In addition to the injustices that define the Colorado system, a group of former Colorado judges also point out that Dunlap’s bipolar disorder and psychotic tendencies were not even mentioned at trial. In fact, according to their letter, Dunlap’s lawyer told the jury that there was no explanation for his violence.

The judges add that “no clear evidence exists that the death penalty deters violent crime. What it does in our current system, as in this case, is to drain our judicial system of millions of dollars as mandatory appeals drag on for decades.” Studies have shown that the death penalty does not lower the homicide rate. In fact, the murder rate is lower in states without the death penalty. Hickenlooper says he continues to wrestle with the death penalty, and whether to commute Dunlap’s sentence.

Conservative Group Photoshops Out Minorities In Mailer Opposing Pro-Voting Legislation

Speechless…

Think Progress

A conservative group connected to Colorado’s Secretary of State has been sending political mailers — including a picture of a darker-skinned woman whose face was digitally removed and replaced with a white woman’s face — in an attempt to oppose a landmark voting bill that may soon become law.

Colorado is currently considering a major piece of legislation to improve the state’s voting laws by implementing Election Day Registration, automatically sending mail ballots to every voter, and creating a real-time voter database to detect and prevent fraud. It passed the House last week and will now be taken up by the Democratic-controlled Senate.

Secretary of State Scott Gessler, a frequent speaker at True The Vote events who uses his perch to warn about the supposed threat of voter fraud, is leading opposition to the bill, which is supported by a number of Republican County Clerks and the Colorado County Clerks Association.

Now, a dark money group named the “Citizens for Free and Fair Elections”, which lists its address as that of Gessler’s former firm, the Hackstaff Law Group, is sending out photoshopped mailers in an attempt to pressure the election clerks into switching their position.

Here is the mailer:

The mailer’s background was taken from the following Getty Images photo:

Except for two key differences. The original photo included a darker-skinned woman in a white hoodie sweatshirt, but the altered version in the mailer took out her face and replaced it with the exact same face of the white woman standing alongside. In addition, a dark-skinned man standing behind her in the photo was removed from the mailer entirely.

ColoradoPols, the first site to catch the photoshop job, shows the two side-by-side:

Gessler, in a statement released Sunday evening, denied involvement in the matter.