Phase Zero

  • Law

  • Governor Sisolak laid out a plan for reopening, but without providing any specific dates. [TNI]
  • Schools will be closed for the rest of the school year and will not reopen during phase 1, whenever that arrives. [RJ]
  • Another lawsuit filed against mail-only primary election. [TNI]
  • A couple are facing sexual assault charges. Check out their mugshots with masks around their neck? Part of the new normal? [RJ]
  • COVID-19 cannot be the death knell of the American jury trial. [Law.com]
  • Speaking of jury trials, what are your thoughts on how things will proceed here? With the Governor’s phased plan, it seems unlikely that jury trials will be on the menu in the immediate future. A large part of the jury pool are seniors who are part of the vulnerable population. Can jury trials be done remotely? Will civil jury trials be postponed indefinitely to deal with criminal trials? 
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Anonymous
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Anonymous
April 22, 2020 4:21 pm

Nevada Osteopathic Medical Association; Bruce Fong DO, HMD
v.
The Honorable Stephen F. Sisolak as governor of the state of Nevada; Nevada State Board of Pharmacy; State of Nevada, Chief Medical Officer Ihsan Azzam, PhD, MD
4/21/2020 CV20-00653 Walker
Emergency regulation. An emergency state regulation that restricts the prescribing and dispensing of chloroquine and hydroxychloroquine during the COVID-19 outbreak impairs the rights of physicians and patients. The regulation, approved by defendant Board of Pharmacy, prohibits doctors from issuing and pharmacists from dispensing chloroquine and hydroxychloroquine to a patient for a COVID-19 diagnosis outside of a hospital setting. "Licensed physicians in Nevada have the right to provide–and the people of this State have the right to receive–approved treatments for COVID-19, regardless of whether a person has been hospitalized."

Anonymous
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Anonymous
April 22, 2020 4:28 pm

"Governor Sisolak laid out a plan for reopening, but without providing any specific dates" – A plan with no dates is no plan at all. It was a complete waste of a press conference. He also said it would be "weeks" before we even get to Phase 1. Not a couple of weeks or a few weeks because that could be interpreted as 2 or 3 or 4 weeks. Just "weeks". He cannot even commit to a date. Talk about failed leadership.

Anonymous
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Anonymous
April 22, 2020 4:34 pm
Reply to  Anonymous

Agreed. Many states are already re-opening, including re-opening gyms and other facilities. This is failed leadership at it's best. We were told to "hunker down" to flatten the curve. Congrats – we flattened the curve successfully. If we are forced to stay at home until there is no more COVID or until "they' develop a vaccine, that may be months or years. I am going back to work. The emergency is over folks, everyone back in the pool. Quarantine will not help the second waive in September, will not help herd immunity development and will not prevent more people from contracting and very very few of those people developing complications from COVID.

Anonymous
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Anonymous
April 22, 2020 4:51 pm
Reply to  Anonymous

Yes, and more people will die because of it.

Anonymous
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Anonymous
April 22, 2020 5:12 pm
Reply to  Anonymous

Wonder if Fong will drop the suit now that actual clinical trials have shown that hydroxychloroquine provides no better outcomes, and can even cause worse outcomes.

Anonymous
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Anonymous
April 22, 2020 5:16 pm
Reply to  Anonymous

Sisolak gave the benchmark to re-open: two weeks straight of declining COVID numbers. Not flat. Declining. We are not declining as Clark County and the State of Nevada reported their increases in the number of cases and deaths yesterday. I am as anxious to reopen the economy as anyone but we aren't there yet.

https://www.reviewjournal.com/news/politics-and-government/nevada/119-new-covid-19-cases-9-additional-deaths-reported-in-clark-county-2012021/

Anonymous
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Anonymous
April 22, 2020 5:37 pm
Reply to  Anonymous

9:51 – More people will die anyway – right? There is no way to keep the death toll to zero. And once we "defeat" COVID, and people start to drive again, even more people will die as a result of car accidents. What is the solution?

10:16 – I thought the goal of the quarantine was to flatten the curve. The curve is flattened. Our ICUs are running at 60% capacity right now. Why did the goal posts change all of a sudden? This is precisely why people are anxious. We were told X, now we are told Y – do we have a guarantee that Sisolak wont come up with Z later? Like "no new COVID cases for 30 days" which will be impossible.

Anonymous
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Anonymous
April 22, 2020 5:40 pm
Reply to  Anonymous

10:37, yes, let's open the country back up too early, so you can sell a taco, or campaign for Trump. Fuck the doctors, nurses and others who are getting sick and dying with inadequate resources, because you cannot stay at home a little longer. Fuck you!

Anonymous
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Anonymous
April 22, 2020 5:56 pm
Reply to  Anonymous

@ 10:40 The angry person chimes in again.
About the Governor. A real leader would not have left everyone hanging. Something like, "if the trend decreases we anticipate opening to phase I on May 15" would have gone a long way. Instead, he punted in his conference a week ago, and punted again yesterday. Meanwhile, no one who is responsible for a payroll can make any plans.
I strongly suspect that those supporting the vague and indefinite pronouncements of the Governor are state or other government employees or others who receive a steady paycheck. I doubt you would hold the same opinion if you were personally liable for a payroll.

Anonymous
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Anonymous
April 22, 2020 6:04 pm
Reply to  Anonymous

@10:56 gov't lawyer here. Everybody I work with wants the town to re-open. Although we are still employed and working, talks of layoffs, pay cuts, etc, has everyone on edge.

Anonymous
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Anonymous
April 22, 2020 6:23 pm
Reply to  Anonymous

Is there any group of healthcare professionals who are knowledgeable regarding this pandemic that is calling for the quarantine to be lifted? Expressing agreement with the notion that the curve was flattened, and that further quarantine does little at this point? So far, the only people I have seen calling for an end to the quarantine procedures are those without a whit of medical training…and probably very little understanding of statistics beyond the high school level. That, and those who do work in healthcare and do have actual education on the topic appear to be calling for the continued use of the quarantine protocols.

Trust the damn experts, not the advocates pushing either an agenda or wish fulfillment.

Anonymous
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Anonymous
April 22, 2020 7:15 pm
Reply to  Anonymous

10:37: The first goal was to immediately flatten the curve and stop the exponential increases so that resources were not overwhelmed. However a flattened curve means that you are running at a level that is not increasing while under restrictions but is not decreasing. We need rates of contagion to actually decline.

Anonymous
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Anonymous
April 22, 2020 7:27 pm
Reply to  Anonymous

12:15 – No. A flattened curve means that healthcare resources are not overwhelmed. That's all. It doesn't mean people won't get sick, or that the pandemic is over. It just means that the people who do get sick are treated properly because the resources are there. Sure seems that we are there now.

Anonymous
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Anonymous
April 22, 2020 7:43 pm
Reply to  Anonymous

@12:27 No, we are not there. My daughter works in a clinic and can't even get an N95 mask let alone other PPE's. I can't even find them or I would buy them myself for her.

Anonymous
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Anonymous
April 22, 2020 8:02 pm
Reply to  Anonymous

@12:27
I have been able to buy N95's via Amazon.

Anonymous
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Anonymous
April 22, 2020 8:08 pm
Reply to  Anonymous

What 11:04 said. If you think gov't lawyer jobs are a guaranteed "steady paycheck" you should take a look at projected tax revenues in the coming two quarters. I'm sure some support the shutdown in a general citizenry context, but if we're talking about our own financial self-interest we want it over. Nobody's job is secure.

Anonymous
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Anonymous
April 22, 2020 8:10 pm
Reply to  Anonymous

Keep in mind, no matter when we reopen, people will get sick. The virous is contagious and has not "gone away". Agree with 12:15.
With regard to 11:23, a little over hyped. Med experts will always advise the path with the minimum risk. That does not equate to a logical decision on reopening, where financial and economic concerns are balanced against the medical risks. Before your scream, please consider that our society does this all the time. An example is the highway speed limits. Slower is safer. But trucks can't make money traveling at 10 mph.

Anonymous
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Anonymous
April 22, 2020 8:47 pm
Reply to  Anonymous

So economic death is okay, just not actual death? Do those against re-opening realize that if businesses go under there will be plenty of death too? Suicide, starvation, murders, violence/theft, etc..? Being closed until the last drop of COVID is gone is not sustainable. We need to reopen and save the city before there won't be a city to save.

Laughlin Constable Jordan Ross
Guest
Laughlin Constable Jordan Ross
April 22, 2020 8:54 pm
Reply to  Anonymous

April 22, 2020 at 1:02 PM -I'm pleased you were able to obtain an N95 mask in the current economy. But I caution you and everyone else who may not be familiar with what truly constitutes an N95mask to be careful; there is considerable fraud going on right now. I recently reported a fraudulent operation out of Anaheim to the Orange County District Attorney.

The CDC defines an N95 respirator as: A generally used term for a
half mask air-purifying respirator with NIOSH (National Institute for Occupational Safety & Health, a division of the CDC) approved N95 particulate filters or filter material (i.e., includes N95 filtering facepiece respirator or equivalent protection).

How can you tell if a respirator is NIOSH approved?

The NIOSH approval number and approval label are key to identifying NIOSH-approved respirators. The NIOSH approval label can be found on or within the packaging of the respirator or sometimes on the respirator itself. The required labeling of NIOSH-Approved N95 filtering facepiece respirators includes the NIOSH name, the approval number, filter designations, lot number, and model number to be printed on the respirator. You can verify that your respirator approvals are valid by checking the NIOSH Certified Equipment List CEL) by visiting https://www.cdc.gov/niosh/npptl/topics/respirators/cel/default.html or go to laughlinconstable.org and click on Public Health.

Be smart to stay safe and stay healthy.

Anonymous
Guest
Anonymous
April 22, 2020 9:06 pm
Reply to  Anonymous

Jordan– that is excellent point, with one caveat to your explanation. N95 masks can be found, which are masks made of the N95 particulate filters or filter material. However these masks have no respirators in them. They are masks made of the material. Masks with the NOISH respirators in them are much harder to find. So when people say that they have N95 masks, they might. But the meaning of "N95 mask" does not necessarily mean what people think it means.

Anonymous
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Anonymous
April 22, 2020 9:10 pm
Reply to  Anonymous

1:47- Save the city at what cost? Do you honestly believe that tourists are clamoring to come to Las Vegas? They opened the beaches in Florida; they were largely empty. Conventions are not coming right now and will not come so long as there is a threat. The populace who will come are precisely the reckless ones who do not socially distance or really respect any protocols. This notion that "Open it and they will come" has very little empirical or rational support.

Anonymous
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Anonymous
April 22, 2020 9:36 pm
Reply to  Anonymous

I'd be grateful if they just reopened Rhino. Is that too much to ask?

Anonymous
Guest
Anonymous
April 22, 2020 10:00 pm
Reply to  Anonymous

@2:10 Not sure what pictures of the beaches in Florida you were looking at, but the ones I saw were pretty full. Obviously people will not come right away, but they need to be open so people can plan vacations/trips. They need to be open so people can set up and get things ordered. Get staff hired that aren't coming back or have decided they're making more on unemployment. At some point, we need to just bite the bullet and rejoin society.

Anonymous
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Anonymous
April 22, 2020 10:37 pm
Reply to  Anonymous

The Spanish Flu, which had a lower rate of infection, killed 50 million people. Of course, back then, they didn't have the flexibility to work from home like many of us do. When people say "[a]t some point, we need to just bite the bullet and rejoin society," we need to be brutally honest and transparent about what that means. These dismissive comments that "people are going to get sick, it is what it is," are not forthcoming or honest about the extent of the risk or damage. I want to reopen ASAP. I don't want to delay the reopening because we blow our load too early because of impatience.

Anonymous
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Anonymous
April 22, 2020 11:28 pm
Reply to  Anonymous

@ 3:37. 3:00 p.m. here. First, love the "blow our load" comment. Made me LOL. That being said, we're overpopulated as a world already. Losing 1% of the world population would be acceptable to me. We have 7.8 billion people on the earth right now. Even just 1% of the world population is 78 million people. As of today, total deaths worldwide from Covid 19 is 187,000. That's NOTHING. That is not even a blip. Even if it explodes and 18,700,000 die, that's NOTHING. That's 1/4 of 1% of the world population. We should not let our country die over fear of losing an acceptable amount of death.

Anonymous
Guest
Anonymous
April 22, 2020 11:40 pm
Reply to  Anonymous

@3:10– Most of the pictures of "full beaches" that I saw turned out to be stock photos of Florida beaches taken before the virus. The videos of the actual open beaches were sparse.

https://www.livebeaches.com/state/florida/

Anonymous
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Anonymous
April 23, 2020 5:04 am
Reply to  Anonymous

I picked up my N95s @ ReBar with a couple of boxes of beer…

anonymous
Guest
anonymous
April 23, 2020 8:11 pm
Reply to  Anonymous

"Wow, that parachute seems to have slowed our descent. I guess we can take it off now."

Anonymous
Guest
Anonymous
April 22, 2020 5:02 pm

Judge Bell has stated that criminal invoked trials will take precedence, followed by in-custody trials that are ready to proceed. IMO, out of custody criminal trials don’t need to take priority over civil trials. And there are some judges who shouldn’t / aren’t hearing criminal trials anyway. Remote trials would be a disaster. Jurors have a problem focusing when they are a captive audience.

Anonymous
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Anonymous
April 22, 2020 5:59 pm
Reply to  Anonymous

At 10:02
Agree. Adding that some judges can't stay focused in live court sessions, and we should expect a worse performance if trials are conducted remotely.

Anonymous
Guest
Anonymous
April 22, 2020 9:52 pm

In case you're looking, LACSN is seeking a Deputy Director for the Pro Bono Project: https://www.lacsn.org/careers/career-listing/pro-bono-deputy-director

Anonymous
Guest
Anonymous
April 22, 2020 10:37 pm

What will Marquis Aurbach and Coffing be called if Phil and Terry win their judicial races?

Anonymous
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Anonymous
April 22, 2020 10:47 pm
Reply to  Anonymous

No clue. If the past is any indication…perhaps Fennemore Craig?

Anonymous
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Anonymous
April 22, 2020 10:52 pm
Reply to  Anonymous

Broke, bankrupt Matquis Aurbach Coughing.

Anonymous
Guest
Anonymous
April 22, 2020 11:17 pm

Let the record show that on APRIL 22, 2020 at approximately 11:20 AM Pacific time, that COVID CAROLYN GOODMAN officially killed off the "open Las Vegas now" movement. The death was swift, and somewhat humane. The Coroner's office has ruled it suicide by self immolation.

Anonymous
Guest
Anonymous
April 23, 2020 2:04 am
Reply to  Anonymous

Why? Because Silver Fox and gay icon Anderson Cooper called her ignorant? So what? He's on a channel that no one watches anymore. They are literally fake news.

Anonymous
Guest
Anonymous
April 23, 2020 2:23 am
Reply to  Anonymous

No fake news. You fake news

Anonymous
Guest
Anonymous
April 23, 2020 2:34 am
Reply to  Anonymous

As someone in favor of some loosening and opening, let me articulate why and how damaging the Mayor going off of the rails was. Opening Las Vegas now appears to be a completely unhinged thing without any restrictions or basis. It was the second time in 18 hours that the Mayor came across as unmeasured, reckless and ignorant of all of the facts surrounding the virus. (https://www.foxnews.com/media/katy-tur-las-vegas-survival-fittest-coronavirus). It is not that the Mayor could not have articulated decent arguments for measured opening; it is that she didn't articulate even coherent arguments. Anyone suggesting opening Las Vegas will now be lashed to this nutball.

Anonymous
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Anonymous
April 23, 2020 3:09 am
Reply to  Anonymous

Carolyn Goodman is as embarassing to Las Vegas as the Court of Appeals is to the state of Nevada.

Anonymous
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Anonymous
April 23, 2020 3:33 am
Reply to  Anonymous

Was more expected? Her "qualification" is she married Ross.

Anonymous
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Anonymous
April 23, 2020 5:07 am
Reply to  Anonymous

she's married to Oscar idiot

Anonymous
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Anonymous
April 23, 2020 8:38 pm
Reply to  Anonymous

7:34 nailed it. There are good, defensible arguments why we should loosen the restrictions and how we can do so effectively and safely. She rambled on about nonsense for a half hour and made the city look bad. Her refusal to say she'd go in the casinos once they open up was absolutely cringeworthy. I'm busy? Nobody in Vegas is too busy to even have lunch in a casino. Hell, go to Red Rock.

Anonymous
Guest
Anonymous
April 23, 2020 10:25 pm
Reply to  Anonymous

1:38, oh, I do miss that ramen place at Red Rock.

Anonymous
Guest
Anonymous
April 23, 2020 3:35 am

B.S.! We need more B.S.! Bing back Sandoval, this sucks.