National Roundup

North Dakota
Senate confirms Traynor for federal judgeship
BISMARCK, N.D. (AP) — The U.S. Senate last week approved the nomination of Dan Traynor to serve as a federal judge in North Dakota.

Traynor is an attorney and former chairman of the North Dakota Supreme Court Disciplinary Board. He replaces U.S. District Court Chief Justice Daniel Hovland, who is taking senior status.

Traynor represents the State Bar Association of North Dakota in the American Bar Association House of Delegates and is an elected member of the American Law Institute. He also is a member of the state Board of Higher Education.

Traynor earned his undergraduate and law degrees from the University of North Dakota.

Peter Welte was confirmed in July for the other federal judgeship in North Dakota.

Florida
Jury sent home when deputy suggests finding man guilty
FORT LAUDERDALE, Fla. (AP) — A court deputy in South Florida is accused of telling jurors to find a man on trial guilty, which prompted the judge to halt the proceedings and send the jury home.

Defense attorney Richard Rosenbaum told the South Florida SunSentinel  that another Broward County Sheriff’s Office deputy reported overhearing Deputy Roberto Aspuru make the suggestion to jurors last week. His client, Lateef Garnes, was on trial facing aggravated battery charges in the shooting of two men in 2013.

“He said, ‘You should find Garnes guilty as charged,’ and a couple jurors laughed,” Rosenbaum said.

Broward County Circuit Judge Andrew L. Siegel then dismissed the six-person jury that had been chosen, but not yet sworn in. Opening statements were set to begin.

The sheriff’s office said Aspuru is on restricted duty on allegations of “discretion” and “conduct unbecoming an employee.”

Rosenbaum said the trial is now set for Feb. 17. Garnes faces a sentence of up to 25 years in prison.

Georgia
Jury awards $8.6M in ‘Walking Dead’ stuntman’s death
LAWRENCEVILLE, Ga. (AP) — A Georgia jury has awarded $8.6 million to the family of a stuntman killed during the production of a “Walking Dead” episode in 2017.

The Daily Report reports the verdict  comes after a weeklong trial before Gwinnett County State Court Judge Emily Brantley.

Lawyers for defendants AMC and production company Stalwart Films had argued that John Bernecker’s death in a fall from a balcony during a staged fight was an unforeseen accident that happened when the trained stuntman missed a landing pad 25 feet (7.62 meters) below. They said AMC Networks was not found to be negligent as part of the verdict.

Bernecker’s parents, Susan and Hagen Bernecker, sued AMC, Stalwart and several other defendants involved in the show’s production, claiming they skimped on safety measures for financial and scheduling concerns.

In a statement, plaintiffs attorney Jeffrey Harris said the 33-year-old “was a remarkably talented stunt professional who had an incredibly bright future in the film industry. My sincere hope is this verdict sends a clear message regarding the need to both elevate and strictly adhere to industry safety standards every day, on every shoot, on every film set.”

“There is no winning or losing in this situation, this was a terrible and tragic accident and our sympathies continue to go out to John Bernecker’s family and friends. The set of ‘The Walking Dead’ is safe and is managed to meet or exceed all industry standards and guidelines related to stunts and stunt safety. That has been the case across the production of 10 seasons and more than 150 episodes, and it continues to be the case today, notwithstanding this very sad and isolated accident.,” AMC Networks said in a statement.

Jackson Dial, an attorney for the defendants, said they planned to appeal.

Nevada
Strippers sue over new ban on dancers under 21
RENO, Nev. (AP) — A group of strippers between the ages of 18 and 21 are suing the city of Reno over a new law banning women younger than the legal drinking age from working in strip clubs.

The eight strippers are seeking $15 million in damages for alleged violations of their civil rights, the Reno Gazette Journal first reported Thursday.

The women argue the city’s licensing requirements imposed on female topless dancers and not male dancers are discriminatory.

The lawsuit seeks class action status in U.S. District Court in Reno on behalf of all similarly situated strippers, collectively referred to as “adult interactive cabaret performers.”

It stems from the Reno City Council’s decision in April to enact new restrictions on strip clubs. In addition to banning dancers younger than 21, they include a ban on private booths and require brighter lighting and more video surveillance.

The strippers say in the lawsuit filed last month the city’s new law amounts to a government taking their ability to earn a living. They estimate they’re losing between $50,000 and $100,000 a year.

The lawsuit estimates the loss of revenue from the city’s 100 or so strippers impacted by the ban to be about $15 million over the next three years.

“Plaintiff dancers each have a First Amendment and Equal Protection right to express themselves by performing topless within a properly license Adult Interactive Cabaret in the city of Reno serving alcohol,” the lawsuit said.

“The argument that those under the age of 21 may be more likely to do bad things when exposed to alcohol and the uncovered breast of a female body simultaneously is not supported by the record,” it said.

Reno City Attorney Karl Hall’s office said in a statement provided to the newspaper that the city “looks forward to responding in court.” It said the changes made by the city council were “measured and thoughtful … comport with state and federal law, and mirror similar regulations in place elsewhere in the state of Nevada and across the United States.”

The lawsuit was filed by Reno lawyer Mark Thierman. He also represents the owners of three Reno strip clubs, Kamy Keshmiri and Jamy Keshmiri. They are not part of this lawsuit.

The lawsuit says the Reno City Council violated state law when it passed the new ordinances without considering a business impact statement prepared by staff.

That report was meant to analyze the economic effect of the new ordinances on the business owners. However, the report basically concluded that quantifying that impact was too difficult.

At the time, Councilman Devon Reese said he found the report lacking any solid evidence and worried the city would be at risk of a lawsuit.