New York’s Airbnb Advertising Ban Appears to Violate Federal Law and the First Amendment

Unions and the hotel industry joined forces to convince New York lawmakers to pass the nation’s strictest regulations for room-sharing, but the new law seems to stand on shaky legal ground and is already facing a lawsuit.

“New York is heading straight for the buzz-saw of federal law,” says Berin Szoka, president of Tech Freedom, a nonprofit technology policy organization.

The new law, signed a week ago by Gov. Andrew Cuomo, would impose fines of up to $7,500 for advertising rentals with a term of less than 30 days. Technically, those rentals were already illegal—the state had already banned rentals of less than 30 days back in 2010—but the new law is a direct attack on websites like Airbnb and other room-sharing services that connect would-be renters with hosts.

The problem, says Szoka, is that federal law already bars states from doing exactly that. In the Communications Decency Act of 1996, Congress prohibited states from holding online platforms responsible for the speech of their users.

“That safe harbor has been vital for the development of Internet services,” he says. “Yet it seems state legislators keep forgetting it exists. That means we keep going round and round the merry-go-round of illegal legislation and pointless litigation.”

That interpretation will be tested in court again. Hours after Cuomo signed the law on Friday, Airbnb sued New York over it. The state says it will not enforce the law until the suit is settled.

In its lawsuit against New York, Airbnb argues that the law will impose “irreparable harm” that would stretch beyond the borders of a single state. The lawsuit says it’s not clear whether hosts or the online platform would be liable for fines issued under the law.

“In order to be assured of avoiding liability, including potential criminal prosecution, Airbnb would be required to screen and review every listing a host seeks to publish,” the lawsuit contends, according to the New York Times.

In a statement, Airbnb said Cuomo was rewarding a special interest—”the price-gouging hotel industry”—at the expense of thousands of New Yorkers who use Airbnb.

The ban could also be challenged on First Amendment grounds, since courts have long held that the U.S. Constitution protects commercial speech as long as it’s not fraudulent or criminal.

As I wrote in June when the law was passed by the state legislature, the state might have found a way to get around federal protections for free speech in this instance. Since short-term rentals were already illegal, New York could argue that it’s not limiting free speech but rather targeting speech that serves criminal purposes—even if it’s absurd that anyone renting an extra bedroom in their home could be considered a criminal.

It’s a tenuous argument, but it’s probably the only way the New York law will survive a First Amendment challenge. It also has frightening implications. If policymakers are allowed to make an end-run around free speech by making the subject matter of that speech illegal, it could give politicians an incentive to push for more over-criminalization as a means to further restrictions on speech. That’s a nasty combination.

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Illinois Commits to Changing Bail Practices That Keep People Jailed For Being Poor

Amid a nationwide series of civil rights lawsuits challenging what criminal justice groups call modern-day debtor’s prisons, Illinois state officials announced Thursday that the state will work toward overhauling its jail practices over the next four years.

Illinois officials and the Pretrial Justice Institute, a criminal justice advocacy group, said Wednesday that the state is joining the institute’s national 3DaysCount campaign, which urges states to reform their practices for jailing defendants prior to trial.

Specifically, the campaign works with states to reduce the severity of some low-level offenses and adopt risk-assessment tools to better determine which defendants can be safely released, rather than kept in jail to await trial. Illinois already has a pilot program using new risk-assessment tools in three counties, and the new push will include all three branches of the state government.

The announcement comes on the heels of a class-action civil rights lawsuit filed this month against Cook County that alleges the county’s bail system is unconstitutional and traps poor defendants in jail simply becuase of their inability pay.

The two lead plaintiffs in the class-action lawsuit, Zachary Robinson and Michael Lewis, were both jailed for their inability to make bail after being arrested on theft charges. Illinois requires a 10 percent deposit on bonds, and neither could afford the $1,000 and $5,000 bail payments, respectively. According to the lawsuit, Robinson has been in jail since January and lost his minimum wage job. Lewis, who is a caretaker for his 72-year-old grandmother, has been in jail since the beginning of October.

“Every day, thousands of human beings in Cook County, each presumed innocent as a matter of law, remain in jail for the duration of their case simply because they cannot afford to pay a monetary amount set without relations to their ability to pay,” the lawsuit, filed by the group Civil Rights Corps, says. “The large and disproportionate majority of these persons are African Americans.”

Since the national debate on policing that erupted after the police shooting of Michael Brown in Ferguson, Missouri, investigations have revealed how some cities and counties raise significant amounts of their revenue through the punitive enforcement of minor fines and code violations. Numerous lawsuits have been filed over the past 16 months—including in Georgia, Mississippi, Massachusetts, Alabama, Texas, Missouri, and Louisiana—alleging that cities and counties are essentially operating unconstitutional debtors’ prisons for those who can’t afford to pay.

The name of the 3DaysCount campaign, says Cherise Fanno Burdeen, the CEO of the Pretrial Justice Institute, comes from research that shows even three days in jail can negatively impact a defendant’s job, housing, and family situation.

“After only three days in jail, low-risk defendants will come out higher risk,” Burdeen says. “We destabilize them.”

Illinois state representative Carol Ammons says the state courts need to move toward a risk-assessment program for defendants awaiting trial “that is validated and evidence based,” rather than simply on whether one can afford bail.

“People that are not high-risk are sitting in county jail losing their jobs, homes, and in some cases and their own health and family are put at risk,” Ammon says. “It doesn’t improve safety, because if I have enough resources I can bond out. It doesn’t mean I’m safer. That’s the system we want to get rid of.”

In an August amicus brief to the 11th Circuit Court of Appeals on behalf of a mentally ill Georgia man who was jailed for six days when he couldn’t afford to post bail, the Justice Department said bail schemes that don’t consider an indigent defendant’s ability to pay violate the 14th Amendment’s equal protection clause and “are not only unconstitutional, but they also constitute bad public policy.”

Earlier this year, the Justice Department also released a “dear colleague” letter on the illegal enforcement of fines and fees warning municipalities that “courts must not employ bail or bond practices that cause indigent defendants to remain incarcerated solely because they cannot afford to pay for their release.”

Opposing these lawsuits and reform efforts is the American Bail Coalition, a trade group representing bail bondsmen. In an amicus brief in the Georgia case on behalf of the ABC, former U.S. Solicitor General Paul Clement wrote that “bail is a liberty-promoting institution as old as the republic.”

“Plaintiffs would have this Court effectively abolish monetary bail on the theory that any defendant is entitled to immediate release based on an unverified assertion of indigency,” Clement wrote. “Nothing in the Constitution supports that extreme position. In fact, the text and history of our founding charter conclusively confirm that monetary bail is constitutional.”

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Bitcoin Soars As China Launches Crackdown On Wealth-Management Products

After trading in a tight range for much of the summer, coiled within a $100 range around the mid-$500s, over the past several weeks bitcoin has once again started to push higher, closely tracking the decline in the Chinese Yuan as shown below.

However, the most recent burst in bitcoin activity, which sent it surging by over $20 overnight, has little to do with any moves in the official Chinese currency, which recently rebounded modestly tracking the recent dip in the dollar, and is likely attributable to a long overdue crackdown on China’s Wealth-management products, a key component of China’s “shadow banking” system.

As Bloomberg reported overnight, China’s central bank is finally conducting a trial monitoring of banks’ off-balance-sheet wealth-management products under its macro-prudential assessment system. A question one should ask perhaps is why the $1.9 trillion in asset locked up with WMPs had so far been exempt from regulatory supervision.

Just as notable, going forward the WMPs will be included in calculating broad-based credit, something we discussed last week when we showed just how vastly China is undercounting its broadest credit aggregate, Total Social Financing by ignoring shadow debt. Currently, the products aren’t included in the assessment framework, however it’s not clear when or if the People’s Bank of China will add them, Bloomberg added.

 

Citigroup estimated that 13 trillion yuan ($1.9 trillion) of the products, which are a key building block in China’s shadow-banking system, could be covered. Other banks’ estimates are even bigger.

No matter the size, the extra scrutiny will certainly cool growth of the unregulated products, as China tries to rein in financial risks that could tank the economy. Adding the products to the central bank’s calculations could help to emphasize requirements for lenders to limit dangers and maintain sufficient capital. A change would mean regulators would be may be better able to “control the pace of broad-based credit supply,” Judy Zhang, a Hong Kong-based analyst at Citigroup, said in a note. WMP issuance and yields may shrink as lenders pass on extra costs to investors, she said.

As Bank of America explained overnight, in late 2015, PBoC officially introduced its MPA framework, which expanded its focus from loans to credit in a broader sense, covering not only loans but also banks’ bond investments, equity rights and other investments, financial assets bought with re-sale agreement, and deposits with non-deposit-taking financial institutions. The MPA can make it more difficult for banks to adjust on-balance sheet assets to circumvent government’s credit control. The latest move adds banks’ off-balance sheet WMPs, i.e. those without a principal guarantee, to the mix. This, in theory, should make it more difficult for banks to move assets off balance sheet.

Chinese households, companies and banks held a record 26.3 trillion yuan of wealth-management products as of June 30 and the China Banking Regulatory Commission has been tightening rules on WMPs since late 2014. Most of the products are non-principal guaranteed, which means they reside off banks’ balance sheets.

The implications for th economy can be significant:

The cornerstone of PBoC’s MPA is capital adequacy, in-line with Basel III. So it’s possible that in the long term, banks may be required to provide capital for at least some of its off-balance sheet assets, including the WMPs. As of Jun, total balance of bank WMPs reached Rmb26.3tr. Without considering future growth, the additional amount under the MPA would be some Rmb15.5tr, after deducting Rmb6.1tr products with guarantees (already on banks’ balance sheet) and Rmb4.7tr of cash and deposits. This represents about 7% of banks’ on-balance sheet assets as of June (Rmb217tr). More important, we should view the latest development in the broad context of policy tightening over shadow banking activities since early this year (related reports linked in the sidebar).

However, the most immediate practical consideration from the increased regulatory supervision of the $1.9 trillion in related product is that these funds, many of which are of highly suspect origins, will seek to shift away from the heightened scrutiny and find alternative venues. Which may explain the latest jump in bitcoin as a modest portion of the funds locked up wealth-management products may have found itself into the digital currency, promptly sending it higher by nearly 5%. Should the crackdown on WMPs persist, it may be just the catalyst to push bitcoin above its recent multi-year highs just why of $800 hit earlier this summer.

via http://ift.tt/2dXDiab Tyler Durden

Bitcoin Soars As China Launches Crackdown On Wealth-Management Products

After trading in a tight range for much of the summer, coiled within a $100 range around the mid-$500s, over the past several weeks bitcoin has once again started to push higher, closely tracking the decline in the Chinese Yuan as shown below.

However, the most recent burst in bitcoin activity, which sent it surging by over $20 overnight, has little to do with any moves in the official Chinese currency, which recently rebounded modestly tracking the recent dip in the dollar, and is likely attributable to a long overdue crackdown on China’s Wealth-management products, a key component of China’s “shadow banking” system.

As Bloomberg reported overnight, China’s central bank is finally conducting a trial monitoring of banks’ off-balance-sheet wealth-management products under its macro-prudential assessment system. A question one should ask perhaps is why the $1.9 trillion in asset locked up with WMPs had so far been exempt from regulatory supervision.

Just as notable, going forward the WMPs will be included in calculating broad-based credit, something we discussed last week when we showed just how vastly China is undercounting its broadest credit aggregate, Total Social Financing by ignoring shadow debt. Currently, the products aren’t included in the assessment framework, however it’s not clear when or if the People’s Bank of China will add them, Bloomberg added.

 

Citigroup estimated that 13 trillion yuan ($1.9 trillion) of the products, which are a key building block in China’s shadow-banking system, could be covered. Other banks’ estimates are even bigger.

No matter the size, the extra scrutiny will certainly cool growth of the unregulated products, as China tries to rein in financial risks that could tank the economy. Adding the products to the central bank’s calculations could help to emphasize requirements for lenders to limit dangers and maintain sufficient capital. A change would mean regulators would be may be better able to “control the pace of broad-based credit supply,” Judy Zhang, a Hong Kong-based analyst at Citigroup, said in a note. WMP issuance and yields may shrink as lenders pass on extra costs to investors, she said.

As Bank of America explained overnight, in late 2015, PBoC officially introduced its MPA framework, which expanded its focus from loans to credit in a broader sense, covering not only loans but also banks’ bond investments, equity rights and other investments, financial assets bought with re-sale agreement, and deposits with non-deposit-taking financial institutions. The MPA can make it more difficult for banks to adjust on-balance sheet assets to circumvent government’s credit control. The latest move adds banks’ off-balance sheet WMPs, i.e. those without a principal guarantee, to the mix. This, in theory, should make it more difficult for banks to move assets off balance sheet.

Chinese households, companies and banks held a record 26.3 trillion yuan of wealth-management products as of June 30 and the China Banking Regulatory Commission has been tightening rules on WMPs since late 2014. Most of the products are non-principal guaranteed, which means they reside off banks’ balance sheets.

The implications for th economy can be significant:

The cornerstone of PBoC’s MPA is capital adequacy, in-line with Basel III. So it’s possible that in the long term, banks may be required to provide capital for at least some of its off-balance sheet assets, including the WMPs. As of Jun, total balance of bank WMPs reached Rmb26.3tr. Without considering future growth, the additional amount under the MPA would be some Rmb15.5tr, after deducting Rmb6.1tr products with guarantees (already on banks’ balance sheet) and Rmb4.7tr of cash and deposits. This represents about 7% of banks’ on-balance sheet assets as of June (Rmb217tr). More important, we should view the latest development in the broad context of policy tightening over shadow banking activities since early this year (related reports linked in the sidebar).

However, the most immediate practical consideration from the increased regulatory supervision of the $1.9 trillion in related product is that these funds, many of which are of highly suspect origins, will seek to shift away from the heightened scrutiny and find alternative venues. Which may explain the latest jump in bitcoin as a modest portion of the funds locked up wealth-management products may have found itself into the digital currency, promptly sending it higher by nearly 5%. Should the crackdown on WMPs persist, it may be just the catalyst to push bitcoin above its recent multi-year highs just why of $800 hit earlier this summer.

via http://ift.tt/2dXDiab Tyler Durden

Project Veritas 4: Robert Cramer’s Illegal $20,000 Foreign Wire Transfer Caught On Tape

Project Veritas has just released Part IV of it’s multi-part series exposing numerous scandals surrounding the DNC and the Clinton campaign, including efforts to incite violence at Trump rallies and, at least what seems to be, illegal coordination between the DNC, Hillary For America and various Super PACs.

Part IV focuses on a $20,000 foreign donation made by an undercover Project Veritas journalist to Americans United for Change (AUFC).  Ironically, shortly after the $20k donation wire was released, the contributor’s “niece” was offered an internship with Creamer’s firm, Democracy Partners.

In the effort to prove the credibility of the undercover donor featured in the videos and to keep the investigation going, Project Veritas Action made the decision to donate twenty thousand dollars to Robert Creamer’s effort. Project Veritas Action had determined that the benefit of this investigation outweighed the cost. And it did.

 

“First thing, like I said, thank you for the proposal.  And I’d like to get the $20,000 across to you.  The second call I’m going to make here is to my money guy and he’s going to get in touch with you and auto wire the funds to you,” said the PVA journalist.

 

Creamer told the PVA journalist to send the money to Americans United for Change. Shortly after the money was released, the “donors” “niece” – another Project Veritas Action journalist – was offered an internship with Creamer.

 

In an effort to see how far Creamer would go with the promise of more money, another Project Veritas journalist posing as the donor’s money liaison requested a meeting with Creamer. During that meeting, Creamer spoke about connections he had with Obama and Clinton.

AUFC President, Brad Woodhouse, subsequently returned the money, after Project Veritas started to release their undercover videos, citing “concerns that it might have been an illegal foreign donation.”

In an unexpected twist, AUFC president Brad Woodhouse, the recipient of the $20,000, heard that Project Veritas Action was releasing undercover videos exposing AUFC’s activities.  He told a journalist that AUFC was going to return the twenty thousand dollars.  He said it was because they were concerned that it might have been an illegal foreign donation. Project Veritas Action was pleased but wondered why that hadn’t been a problem for the month that they had the money.

 

While the latest video focuses on the “$20,000 illegal foreign contribution” from an undercover Project Veritas journalist, the following comments from Robert Creamer were also rather intriguing in light of recent White House efforts to vehemently deny any connections between he and President Obama.

“Oh Barack Obama’s was the best campaign in the history of American politics, I mean the second one, I mean the first was good too.  I was a consultant to both, the second one, was everything hit on every level and every aspect.

 

He’s a pro.  I’ve known the President since he was a community organizer in Chicago.

 

I was just at and event with him in Chicago actually, on Friday last.  He is just as good as ever.  I do a lot of work with the White House on their issues.  Helping to run issued campaigns that they have been involved in.  I mean, for immigration reform for the…the health care bill…trying to make America more like Britain when it comes to gun violence issues.”

* * *

As a reminder, video 3 directly linking Donna Brazile and Hillary Clinton to efforts to disrupt Trump events.

 

Video 2 provided the democrat playbook on how to commit “mass voter fraud”:

 

Video 1 revealed DNC efforts to incite violence at Trump rallies:

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Oregon Student Government: Dressing Up as Any Character Is Cultural Appropriation, Not Okay

FrankensteinThe student-governments of rival schools Oregon State University and the University of Oregon have announced a temporary partnership, which is kind of like how it would be if Negan from The Walking Dead could somehow join forces with Ramsay Bolton.

And why are these villains teaming up? (UO and OSU, not Negan and Ramsay.) You can probably guess: they want to play Halloween costume police.

In a strongly worded email to students at both campuses, student-government presidents Rachel Grisham and Quinn Haaga warned their communities that acts of cultural appropriation “are not acceptable.” Full stop.

Seriously:

Cultural appropriation is the act of borrowing or using aspects of a culture by another culture, typically a dominant culture. Around the time of Halloween, we often see people dressing as a culture or a character, which is offensive and reinforces negative stereotypes. These costumes reinforce racism, sexism, and classism. As active and respectful members of the OSU and the UO communities, we expect everyone to not engage in cultural appropriation.

Or what? is a tempting response. Unfortunately, we know exactly what will happen to transgressors. The University of Oregon, for example, harbors one of the most dangerous bias response teams I’ve written about. Students who push the line, as far as costumes are concerned, can expect to be investigated.

The idea that students should avoid particular costumes because they happen to involve other cultures is absurd, and this email unintentionally points out exactly why. Note that its authors have inadvertently outlawed practically all Halloween costumes in their zeal to punish cultural appropriation, which isn’t even a bad thing that should be discouraged in the first place.

Can I dress up as Ramsay? He’s a character, after all, and I wouldn’t want to appropriate Westerosi culture.

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Black Votes Matter: The New Fifth Column

So good. ||| Thomas LiberteeOne of my very favorite comedians on the Red Eye circuit is Andrew Schulz, co-conspirator of The Brilliant Idiots podcast. In the continued truancy of Hollywood Mike Moynihan, Schulz filled out the Triangle of Truthiness in the latest edition of The Fifth Column. He talked about getting turfed by Jerry Seinfeld, comedying about race as a New York white boy, and getting jumped on the Upper East Side back before the Big Apple was the safest big city in America.

Other questions addressed this week: Did Gary Johnson blow his chance? Why and when did the black vote go 90 percent Democratic? Is it possible to talk for 15 minutes about a racism documentary I’ve never seen? Will Kmele Foster find some way to criticize that ballyhooed Saturday Night Live sketch? I also do some ranting about James O’Keefe’s latest duck video, Schulz disputes the pharmacological sameness of meth and Adderall, and various swear words are uttered and pondered. Listen heah:

Here are the locations at which you can download, interact with, recommend to your friends about, and write reviews of, The Fifth Column: iTunes, Stitcher, Google Play, wethefifth.com, @wethefifth, and Facebook.

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Don’t Diss The Dark Ages

Submitted by Charles Hugh-Smith via OfTwoMinds blog,

Much was lost when the Western Roman Empire collapsed, but islands of literacy, learning and security arose despite the constant conflicts and threats of invasion.


Once dissed as The Dark Ages, the Medieval Era is more properly viewed as a successful adaptation to the challenges of the post-Western Roman Empire era. The decline of the Western Roman Empire was the result of a constellation of challenges, including (but not limited to) massive new incursions of powerful Germanic tribes, a widening chasm between the Western and the Eastern Roman Empire (Byzantium), plague, an onerous tax burden on the non-elite classes, weak leadership, the dominance of a self-serving elite (sound familiar?) and last but not least, the expansion of an unproductive rabble in Rome that had to be bribed with increasingly costly Bread and Circuses.

In effect, The Grand Strategy of the Roman Empire ran out of time and money. The Grand Strategy, successful for hundreds of years, relied heavily on persuading "barbarian" tribes to join the Roman system for the commercial and security benefits. This process of integration worked because it was backed by the threat of destruction by military force.

The Empire maintained relatively modest military forces given its vast territory, but its road system and fleet enabled relatively rapid concentration of force to counter an invasion. It also maintained extensive fortifications along active borders.

All of this required substantial tax revenues, manpower and effective leadership, not just for fortifications, the army, roads and the fleet, but to maintain the commercial and political benefits offered to "barbarians" who chose integration in the Empire.

Once the military threats proliferated and the benefits of Imperial membership eroded, the Grand Strategy was unable to maintain the integrity of the Imperial borders.

As tax revenues and the bureaucracy they supported imploded, security declined, reducing trade and communications. This unvirtuous cycle fed on itself: reduced trade led to reduced tax revenues which led to phantom legions that were still listed on the bureaucratic ledgers but which no longer had any troops.

The collapse of the Western Empire was a process, not an event. Key organizational infrastructures that endured through the Medieval era–for example, the Roman Catholic and Orthodox Christian Churches–gained traction in the waning centuries of the Western Empire.

Monasteries offered islands of scholarship and literacy and in many cases offered security via fortifications.

As trade diminished along with secure trade routes, self-reliance became the order of the day outside the borders of the Byzantine and Persian empires.

Though political leadership shifted with the latest invasion from the steppes of Eurasia, the two branches of Christendom slowly converted many invading groups or consolidated existing Christian powers into alliances that bound together diverse groups and proto-states.

These alliances were typically contingent and temporary, as today's ally became tomorrow's enemy, or vice versa. Despite the shifting loyalties of constant invasion and warfare, the Byzantine Empire endured and Charlemagne (and others) in Western Europe established the fractured but still effective Holy Roman Empire.

Much was lost when the Western Roman Empire collapsed, but islands of literacy, learning and security arose despite the constant conflicts and threats of invasion. Venice offers one example of a small city securing trade routes with commercial centers that then funded a regional empire.

The tidiness of the old Empire could not be reinstated. The adaptations were as messy and untidy as the challenges that swept in from the steppes and forests.

So please don't diss the Dark Ages. Yes, the Roman baths, coliseums and political /social order fell into disrepair, but new ways of coping emerged that were as contingent and untidy as the era's multiple challenges.

New modes of production and new social /political orders do not arise fully formed. They are pieced together by trial and error and numerous cycles of adaptation, innovation and failure.

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Prepare For the Pirates – Direct Democracy Driven Political Party May Gain Power in Iceland

screen-shot-2016-10-26-at-12-25-07-pm

We are not here to gain power, we are here to distribute power.

– Ásta Guthrún Helgadóttir Pirate member of Iceland’s Parliament

While there are all sorts of populist political movements gaining traction across the West, the only one I find genuinely revolutionary and distinctly interesting and productive is Iceland’s Pirate Party.

I’ve covered the upstart party in the past, most recently earlier this year in the post, “The Pirates Are Coming” – Iceland’s Pirate Party Polls at 43% Following the PM’s Resignation. Now, with the Icelandic election just days away (October 29th), the party is back in the news due to an expected strong performance.

The Washington Post explains:

continue reading

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‘Highly Decorated’ Field Training Officer Punches Prostrate Suspect in the Head, Lawsuit Alleges

A robbery suspect has filed a lawsuit in federal court over a kick in the head he received from an Allenton, Pa. police officer while on all fours on the ground. Attorneys for Hector Medina-Pena, who is suing, got a hold of video as part of the discovery in his criminal trial. One attorney called the actions of the officer, Joseph Iannetta, “absolute aggression.”

The city disagrees. “The actions of officer Iannetta have been thoroughly reviewed by command staff and the solicitor’s office and found to be appropriate under the circumstances,” Allentown’s city solicitor, Susan Ellis Wild, told the Call. “We look forward to the evidence in this case demonstrating that his actions were appropriate.”

In a statement to the Washington Post, Wild called Iannetta, who has worked for the department for 14 years, a “highly decorated” police academy instructor with “training far above and beyond the required training.”

“Get your fucking hands up,” an officer is heard screaming at Medina-Pena, followed by “get down on the fucking ground,” and later, “get down on the ground or I’m going to fucking shoot you.” Medina-Pena then dropped to the ground and got kicked in the head. Ianetta’s kick broke Medina-Pena’s jaw and sent him to the hospital for three days, according to the lawsuit, which also claims the officer kneed Medina-Pena in the back of the head, smashing his face into the road.

The lawsuit alleges city officials failed to properly train Iannetta and other officers and allowed misconduct to become part of the police department’s customs and policies. According to the lawsuit, Iannetta was the subject of more than a dozen investigations related to violence in the last decade, and the subject of a 2013 federal lawsuit that the city settled in September for $350,000.

Medina-Pena was in an SUV that matched the description of a getaway vehicle in an armed robbery. He was seen on surveillance camera breaking mirrors in the bathroom of the establishment before it was robbed. According to the Call, the other three men were released when they said they didn’t know anything. Medina-Pena’s lawsuit claims police found no weapons or other contraband on him.

Watch a portion of the video below:

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