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Eastern Oregon Church Leads Suit Over Gov. Kate Brown Stay-Home Executive Orders

A number of churches, including Elkhorn Baptist in Baker City, argue Brown's executive orders are invalid on “constitutional procedural grounds.”




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A new vision for 'social security'. Home healthcare smart sensors help keep Italian seniors living in place.

Faced with a stagnant, 10-year budget forecast, restricted resources and the need to address healthcare and safety needs of a rapidly growing percentage of healthy citizens over the age of 70, city leaders got creative. Partnering with IBM, TIS Innovation Park, the technological park of Bolzano, and Dr. Hein GmbH, the city sponsored the Secure Living project to help seniors safely 'age in place' at home.




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Innovation for the People of a Smarter Planet: IBM Human Centric Solutions Center is making a difference for Italian seniors aging at home in Bolzano.

An IBM Smarter Cities team led by the IBM Human Centric Solutions Center partnered with Bolzano city planners to answer the question "Can we use technology to guarantee a good quality of life for our aging population?" And the answer is a resounding "yes."




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Upgrade: Analysts Just Made A Captivating Increase To Their Meritage Homes Corporation (NYSE:MTH) Forecasts

Shareholders in Meritage Homes Corporation (NYSE:MTH) may be thrilled to learn that the analysts have just delivered a...





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Homebuying perks up as interest rates stay close to record lows, COVID lockdowns ease

Rates have risen just slightly, and buyers are coming back.





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Home Depot U.S.A., Inc. v. Jackson

(United States Supreme Court) - On a question of civil procedure, held that a third-party counterclaim defendant -- that is, a party brought into a lawsuit through a counterclaim filed by the original defendant -- may not remove a class-action counterclaim from state court to federal court. Justice Thomas, joined by the four liberal justices, delivered the opinion of a 5-4 Court in this debt collection lawsuit.




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GitHub Satellite 2018 | Home

DAY 1 に申し込んでみた✋




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New Google Lens features to help you be more productive at home

Google Lens now lets you copy/paste text from handwritten notes to your laptop!




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Watch: Harris rumbles home to give Bombers early lead after turnover




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VRCompliance LLC v. Homeaway, Inc.

(United States Fourth Circuit) - The district court did not abuse its discretion in staying plaintiffs' action seeking declaratory relief that it was not committing violations asserted by defendants in an earlier filed state law action, pending the resolution of the earlier parallel state lawsuit filed by defendants, where plaintiffs had every opportunity to procure a federal forum by removing defendants' first filed state suit rather than by bringing a separate federal action in an entirely separate federal district.




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Centex Homes v. R-Help Construction Co., Inc.

(California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded.




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McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




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American Homeland Title Agency, Inc. v. Robertson

(United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement.




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US v. Am. Home Assurance Co.

(United States Federal Circuit) - In an appeal arising from four collection actions in which the government sought to recover unpaid antidumping duties from a surety, the Court of International Trade's judgment on the pleadings holding that the government is not entitled to non-statutory equitable interest for unpaid antidumping duties for imported goods, is affirmed where Trade Court did not abuse its discretion in declining to award the government equitable prejudgment interest on top of 19 U.S.C. section 580 interest or in declining to permit defendant to make a deposit in an interest-bearing account.




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Centex Homes v. R-Help Construction Co., Inc.

(California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded.




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McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




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Federal Home Loan Bank of Bost v. Moody's Corp.

(United States First Circuit) - In a case arising out of the near-collapse of the mortgage-backed securities market, alleges that various rating agencies falsely gave out triple-A ratings to mortgage-backed securities they knew were far riskier than indicated by their pristine ratings, the District Court's dismissal of plaintiff's claims on jurisdictional grounds is reversed where it erred in finding that it lacks statutory power to transfer this action to another federal court in which personal jurisdiction over certain defending parties may be met.






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Hiam v. Homeaway.com

(United States First Circuit) - Affirming summary judgment for the defendant website in a suit claiming it misled users who paid thousands of dollars to reserve a vacation rental property in Belize that apparently didn't exist because they determined that the use of the word guarantee is not a warranty or representation and there was no implication that the website investigated its listings.




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HomeAway.com, Inc. v. City of Santa Monica

(United States Ninth Circuit) - Upheld a beach town's ordinance imposing restrictions on companies, such as Airbnb Inc., that host online platforms for short-term vacation rentals. The internet companies claimed that the ordinance impermissibly infringed their First Amendment rights or was preempted by federal law. Disagreeing, the Ninth Circuit affirmed the dismissal of their lawsuit seeking to enjoin the ordinance.




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Home Depot U.S.A., Inc. v. Jackson

(United States Supreme Court) - On a question of civil procedure, held that a third-party counterclaim defendant -- that is, a party brought into a lawsuit through a counterclaim filed by the original defendant -- may not remove a class-action counterclaim from state court to federal court. Justice Thomas, joined by the four liberal justices, delivered the opinion of a 5-4 Court in this debt collection lawsuit.




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Govt Confirm Additional Cases In Care Homes

“The three new positive COVID-19 cases reported in Wednesday evening’s press conference were residents in three of our Long Term Care homes,...




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Anti-Vaccine Groups Take Lead Role In California Stay-At-Home Order Protests

By Sammy Caiola

Where jobs and the economy were at front of mind during last Friday's protest at California’s Capitol, Thursday’s demonstration against the stay-at-home order also focused on closed churches and government-mandated vaccinations.

The microphone passed from person-to-person, who each attempted to encourage the few hundred within earshot. One woman said she was honored to be standing shoulder-to-shoulder with those in attendance. The next person to speak took the microphone and said a prayer.

People who oppose mandatory childhood vaccinations have been a driving force in recent protests against California’s stay-at-home orders. Many who are passionate about the issue say they haven’t vaccinated their children yet. 

“I don’t vaccinate my children because I’ve done research on it and from experiences,” said Yvette Apfel of Modesto. “A lot of the people who don’t vaccinate because of experiences and that is not taken into account when they give their account of what’s happened.” 

Generally, concerns about childhood vaccines stem from the debunked belief that vaccines can cause autism or otherwise injure children. 

Democratic state Senator Dr. Richard Pan, who has authored several of California’s major childhood vaccine laws, said the messaging at these COVID-19 protests parallels what he’s seen from vaccination opponents in the past.

“We call them the anti-vaccine movement because they came out to oppose vaccination,” he said. “There’s no vaccine for COVID-19, but they’re also opposing essentially every public health measure we have that will allow us to resume our activities safely. So they’re opposed to the stay-at-home orders.”

At a hearing of the state’s Special Committee On Pandemic Emergency Response Wednesday, some people spoke up against public health measures such as contact tracing and testing.

He says he’s heard them preach the concept of “natural immunity,” which comes with a dangerous implication that everyone should acquire COVID-19.

“We often talk about ‘community immunity’ in relation to vaccination, because vaccines are safe,” he said. “So getting a vaccine doesn’t cause people to get hospitalized and die in the process of achieving it. If you try to achieve it through ‘natural immunity,’ you are talking about a lot of suffering and death.”

This is not the first time California’s been an epicenter of the anti-vaccination movement during the past few years.  

In 2015, California became one of the first states to eliminate “personal belief” vaccine exemptions for students attending public and private schools. These were previously allowed for families that opposed vaccination on religious, moral or other grounds. Under Senate Bill 277, only children with a medical exemption form signed by a doctor can opt out of mandatory vaccines.

As the bill moved through the Legislature, large crowds of vaccination opponents descended on the Capitol for rallies and public hearings. Pan received violent threats from people who feel the government should not have the authority to require vaccines for kids.

In 2019, Pan’s office raised the alarm about doctors who were reportedly writing false medical forms for children who did not meet the federal criteria for an exemption. After the personal belief ban took effect in 2016, the rate of kindergartners with medical exemptions quadrupled, according to the California Department of Public Health. 

Pan authored Senate Bill 276 to give the state final say on medical exemption forms. Hundreds of opponents packed into the halls of the Capitol to protest. Several weeks later, an opponent shoved Dr. Pan

California Gov. Gavin Newsom ultimately signed the bill, with some changes. It takes effect January 2021.

Now, vaccination opponents seem to be mobilizing again, not around childhood immunizations but around the idea that the government can require people to vaccinate themselves.

On social media, some Californians have said they will not get vaccinated for COVID-19 when that immunization eventually becomes available. They’ve expressed concerns about the safety of vaccines developed during a crisis response. Some at the protest Thursday said they were worried the vaccine would be used as a tracking device.

“I think it’s more to the whole government issue about the vaccine being a tracer,” said Mary Paris, an unemployed nail salon worker from the Bay Area who drove to Sacramento for the protest. “Whoever gets it, then we’re gonna separate you. So I really think this go-around I’m not gonna do it.”

PolitiFact investigated the claims about government tracking in vaccines in April and found them to be false. They also looked into claims some about the Bill Gates Foundation related to vaccines and tracing and found them to be false, saying "There’s no evidence that implanted microchips are being contemplated in a serious way to fight the coronavirus."

A look by Reuters at the claims about “tracing” and Bill Gates found the technology being referred to is not a microchip or implant that would allow an entity to track your whereabouts. Instead it is a die that would provide patient vaccine records for doctors and nurses in places without  medical records. 




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‘Just Be Courteous’ — CapRadio Answers Your Questions About Anxiety, Who To Listen To And What Precautions To Take As The Stay-At-Home Orders Begin to Lift

By Ezra David Romero

As the state slowly begins to reopen there’s a lot of mixed messages about what it means for Californians because counties, cities and the state are opening at different paces. 

CapRadio recently asked our audience about what concerns them about the reopening beginning to take place. We heard everything from California is opening prematurely so officials should take more caution to relief that some people can go back to work. 

There was an air of anxiety in their responses like this: “I think it is too early, and people just need to calm down. We need more testing before we start making plans to reopen so we can know what we are dealing with.”

Our listeners noted that they’re concerned because there are new transmissions and deaths from COVID-19 almost daily in the state. As of May 6 there were 60,614 cases in the state and 2,504 deaths. 

But how do we move forward? CapRadio’s region encompasses many counties and two states all with different rules. Imagine living in one county with a strict stay-at-home order and working in another where restrictions are limited. That’s the reality for many of our listeners and it’s producing anxiety for some.

We reached out to experts to find out how to meander through all the noise, news and changing guidelines.

What we looked into:

Experts:

Sarah Jaquette Ray - Author, A Field Guide to Climate Anxiety: How to Keep Your Cool on a Warming Planet 

Paul Smaldino - Assistant Professor of Cognitive Science at UC Merced. He studies the interaction between individual behavior and social organization, with a perspective rooted in evolutionary ecology and complex systems.

Holly MartinezDirector of Programs and Advocacy with the California State Parks Foundation.

Kathyrn G. Kietzman - research scientist at the UCLA Center for Health Policy Research. Emphasis in elder health. 

John Swartzberg - an infectious disease specialist at the UC Berkeley School of Public Health.

How to find meaning within this crisis and how to fight off anxiety

Make a list.

That’s the advice Sarah Jaquette Ray is giving people who are dealing with anxiety because of the pandemic. The list should include all the things that are going well, because it will hopefully lift you out of the mundane. 

“Every morning I try to write down a couple of things that I'm going to look forward to that day,” Ray said. “Even if it's as simple as like making lunch for my kids or something dumb like calling my mom … it kind of marks points in my day that are a little bit more redolent with meaning for myself.”

The goal is to milk the value out of what we can control in our lives, Ray said. She recently wrote a book about climate anxiety and she says COVID-19 isn’t too different. 

“Climate change is going to unleash a lot more pandemics,” she said. “There's a direct kind of scientific connection. But in terms of the immediate threat that we feel with COVID, most people don't really feel that with climate change.”

She says people should see pandemics as part of climate change. But she says not to get too caught up in that and think about ways to overcome anxiety. She recommends only consuming media so often, because it can be overwhelming, disruptive and confusing for people.  

“We should be really thoughtful about the media that we consume and be quite disciplined about that because the media that we're consuming is known for trying to capture our negative attention,” she said. “We are also more inclined neurologically to focus on negative news … so we really need to be deliberate about the media that we consume.”

Lastly she says people should focus on what they can control because “that will distract us from a lot of the anxiety and worry, which is going to be there anyway.”

Precautions moving forward

With so many recommendations out there from local, county and state leadership, CapRadio decided to ask public health experts about how to go about life as the economy reopens. 

John Swartzberg, an infectious disease specialist at the UC Berkeley School of Public Health, says it can be hard to know what to do because there is no recent playbook on how to deal with the pandemic. 

“So the next best thing is to turn to people who are making decisions based upon good solid data as opposed to the kind of information we're getting out of the White House,” Swartzberg said.

He applauds how California dealt with bending the curve and he says “we can’t shelter in place forever,” but going back to work may mean a second wave of transmissions. As the pandemic lingers and some people return to their jobs he says it’s still important to socially distance, to use masks and to wash your hands. 

“I worry that people think that if they're wearing a mask, they don't have to be very careful … and that's not the case,” he said. “The mask will help prevent somebody else from transmitting it to you.”

But he says California hasn’t tested enough people and that “without rigorous testing, we may see the curve starting to go up, then we immediately have to pull back.”

Swartzberg reiterated that the virus is still here and we don't know what percentage of the American population has already been infected with it.

“Our best guesses are somewhere between 3 and 5%, which means there's somewhere between 95 and 97% of the American population still susceptible to this virus,” he said. “Nothing has substantially changed since this pandemic began. Nothing.

“It's hard to believe it won't happen, that people are going to get infected in large numbers again.”

Paul Smaldino, a professor who studies collective social behavior at UC Merced, is also concerned a second wave could take place. He recommends taking any precaution you can because this is about protecting each other. 

“Wearing a mask is going to dramatically decrease the chance that you infect someone else; and I think that framing often gets lost,” he said. “You should also think about the fact that if you're sick, you have a responsibility to other people to not infect them. Not just because you're a nice person or whatever, but because we are all part of a society.”

He recognizes needs are different for each community. For example, a rural town might need different rules than a metropolis.

“We also need to remember that we're connected, right?” he questioned. “Just because you live in a low population area doesn't mean you don't have the possibility of infecting someone or being infected by someone in a high population area, even if you yourself aren't going between those areas [because] people still travel.”

How do vulnerable communities move ahead? 

CapRadio also received a lot of questions about seniors and disadvantaged communities that are more prone to catching COVID-19. Some said they’re “scared about more infections and the disproportionate impact on people of color.” Others have illnesses or are of an age that make them more vulnerable and are “not not sure when it will be actually safe to go out or when can we allow family members to visit?”

Kathryn Kietzman studies elder care at UCLA and says it’s very important that vulnerable communities take extra precaution. That may mean staying indoors a lot longer than everyone else. 

“I think that seniors and people of all ages with health conditions need to really proceed with caution and to not assume that because things are starting to open up that means we're free and clear,” she said. 

Because there's so many unknowns, like when a vaccine will be available, she says it’s important for seniors and their loved ones to stay the course.

Kietzman says “it’s a big risk to” open up the economy, because “you can't bring back a life. So, for me, the scales need to be balanced toward protecting and saving lives at all costs.”

For anyone dealing with sickness or 65 years of age or older she recommends talking to your doctor before you follow any order saying you can leave your home. 

“They may be able to help you without you having to leave your home to get evaluated,” she said. “Seniors and others with underlying health conditions that need attention, need to consult a doctor … to find out what can be done in response to their immediate health needs.”

She says it’s still very important to keep seniors in mind and to help them, because they will most likely be the last people to undergo a lifting of stay-at-home orders. 

“If stores are opening up that weren't open before, and an older adult has a need for something, enlist a family member or enlist a caregiver to get those things,” she said. “I would still recommend staying as close to the original stay at home guidelines as possible.”

For any seniors needing someone to chat with she recommends calling the Friendship Line. It’s a 24-hour hotline designed for older adults to have someone to reach out to when feeling anxious or to get information. That number is 1-888-670-1360

Is it safe to go out into the natural world?

Californians love the outdoors. It’s been hard for many to shelter-in-place when some of the best trails, parks and beaches in the world are so close by. 

CapRadio listeners who enjoy the outdoors or live in rural areas are concerned as well. They are worried about people bringing the coronavirus to places like Lake Tahoe, which could have lasting effects on the economy there.

There’s been a lot of confusion, or desire, about where people can recreate during the shelter-in-place orders. Holly Martinez, director of programs and advocacy with the California State Parks Foundation, says that’s because “most Californians don't typically understand the difference between a city, county, regional, state or national park.”

Martinez’s advice is simple. Check to see if the area you want to visit is open before you leave. And if you’re sick stay home no matter what the order for your area is. 

“Don't go outside — that is a really important thing even if you have face covering or gloves, it's just better to be safe than sorry to not expose other people to whatever illness you might have,” she said.

If you are feeling well and choose to hike a trail or visit a beach she says only go with the people you live with. 

“Don't take that risk to expose others who might be carrying the virus and not even know it,” she said. 

When people go outside she recommends wearing a mask and gloves, especially when visiting areas with lots of people. She also says to bring hand sanitizer and lots of water because fountains will likely not be running.  

When hiking, visiting a park or laying out at the beach she says to stay six feet away from people and to make sure your presence is known.

“If you're approaching somebody, simply say hello and move aside giving the other person six feet of space to move by,” she said. “Just be courteous … and be very communicative about your presence so that people are clear that you're there and that we're respecting each other's space so that we can all enjoy these incredible places.”

CapRadio's Helga Salinas contributed to this report.




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Thriving Essential Businesses During COVID-19 / Reopening, Safety Protocols / Stay-At-Home Personal Pizza Kits

Today on Insight, we check in with essential businesses that are thriving during the pandemic. Sacramento County Health Services director Dr. Peter Bielenson shares his thoughts on reopening and other safety protocols, and at-home pizza kits




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Here’s why you’re suddenly seeing colorful lights at homes and businesses around Denver

Along with howling every night at 8 p.m., Denverites are encouraged to decorate their homes with lights to support health care workers as part of the city's #KeepCalmDenverOn initiative.




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Dispensaries saw the biggest sales day of the year after Denver’s initial stay-at-home order looked to close them

On Monday, Denver dispensaries saw their biggest sales day of the year so far, according to data firm Flowhub. Sales were up 140% compared to an average Monday, the company reported.




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Barnes v. Chase Home Finance

(United States Ninth Circuit) - Affirmed. Finding the defendant’s new argument was not waived, the district court’s grant of summary judgment in favor of the defendants in an action brought under the Truth in Lending Act was affirmed.




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Cap Hill hippie haven Sancho’s Broken Arrow cited for violating stay-at-home order

Capitol Hill bar Sancho's Broken Arrow has received a notice from the city requiring it to be vacated immediately and remain empty until the city's stay-at-home order is lifted.




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Guest commentary: RTD tightens rules, expands policing to keep out poor and homeless

As RTD scatters the homeless, many are likely to crowd into the few areas where they are still allowed during the lockdown, possibly exacerbating this public health crisis.




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Colorado Democrats “cautiously optimistic” about “safer at home,” despite concerns over rollout

When some of Colorado's Democratic lawmakers found out about Gov. Jared Polis's decision not to extend the state's coronavirus stay-at-home order and instead allow certain types of businesses to soon begin reopening, they were frustrated.





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Sam Hilliard blast two homers as Rockies crush Tigers in MLB The Show 20

Sam Hilliard snapped out of his slump in a big way. The Rockies outfielder hit two home runs and drove in five to lead Colorado to a 10-3 win over the Tigers at Comerica Park.





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Harry v. Countrywide Home Loans, Inc.

(United States First Circuit) - Affirmed the dismissal of a homeowners' action to void a mortgage and enjoin their property's foreclosure sale. The lenders argued that the homeowners had waited too long to assert their claims under the Real Estate Settlement Procedures Act, the Truth in Lending Act, RICO and other statutes, because they entered into the mortgage in 2005 and defaulted on it in 2009. The First Circuit agreed that their claims were time-barred, rejecting the homeowners' fraudulent concealment argument and other attempts to escape the time bars.




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Home-building academy’s goal: Provide a foundation for people seeking stable careers, new starts

Billy Liptrot is making the transition from prison to life on the outside just as one of the nation's hottest economic streaks has imploded in the face of a global pandemic. But the 38-year-old husband and father is optimistic as he undertakes training for what he hopes will lead to a career as a carpenter in the home building industry. And the industry says years of "under building" could help the industry bounce back as the economy improves.




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Guest commentary: RTD tightens rules, expands policing to keep out poor and homeless

As RTD scatters the homeless, many are likely to crowd into the few areas where they are still allowed during the lockdown, possibly exacerbating this public health crisis.




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Coronavirus outbreaks reported at 5 Denver-area jails; nursing home death toll rises to 531

Five jails in the Denver area have confirmed outbreaks of the new coronavirus as of Wednesday, with more than 100 confirmed infections and one death linked to Colorado correctional facilities.






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Colorado safer-at-home: Here’s what can open Monday

The final stage of re-opening under Colorado's "safer at home" coronavirus protocols is set for Monday, when offices across the state will be allowed to bring employees back under strict limitations.




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WATCH: Denver sights during the novel coronavirus stay-at-home order

Photojournalist Hyoung Chang examines the Denver metro area from the air and on the ground during the statewide stay-at-home order.





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Two JBS Greeley employees say they were fired after staying home sick during coronavirus pandemic

Married couple Tammy and Ann Day said they got sick with symptoms of the novel coronavirus on March 27.




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Home-building academy’s goal: Provide a foundation for people seeking stable careers, new starts

Billy Liptrot is making the transition from prison to life on the outside just as one of the nation's hottest economic streaks has imploded in the face of a global pandemic. But the 38-year-old husband and father is optimistic as he undertakes training for what he hopes will lead to a career as a carpenter in the home building industry. And the industry says years of "under building" could help the industry bounce back as the economy improves.




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Charlie Blackmon’s 9th-inning homer lifts Rockies to sweep of Padres in MLB The Show 20

The Rockies outfielder crushed a 404-foot home run off of reliever Matt Strahm to give Colorado a 5-4 win Thursday over San Diego at Petco Park.




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Trevor Story hits two of Rockies’ five homers in win over San Francisco Giants in MLB The Show 20

Behind another strong start from Jon Gray and five home runs, the Rockies continued their scorching hot start to the season with a 10-3 win over the Giants.




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David Dahl hits 2 homers in Rockies’ win over Phillies in MLB The Show 20

David Dahl crushed two home runs and the Rockies had 15 hits in their 13-5 rout of the Phillies Sunday at Citizens Bank Park.




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Sam Hilliard blast two homers as Rockies crush Tigers in MLB The Show 20

Sam Hilliard snapped out of his slump in a big way. The Rockies outfielder hit two home runs and drove in five to lead Colorado to a 10-3 win over the Tigers at Comerica Park.