Florida

Disney fighting restaurant death suit with Disney+ terms “absurd,” lawyer says

Disney, disney springs, Florida, Policy, raglan road Irish pub, streaming service, Walt Disney World resorts, wrongful death / Kris Guyer / August 14, 2024

Enlarge / Raglan Road Irish Pub at Disney Springs in Orlando, Florida, USA.

After a woman, Kanokporn Tangsuan, with severe nut allergies died from anaphylaxis due to a Disney Springs restaurant neglecting to honor requests for allergen-free food, her husband, Jeffrey Piccolo, sued on behalf of her estate.

In May, Disney tried to argue that the wrongful death suit should be dismissed because Piccolo subscribed to a one-month free trial of Disney+ four years before Tangsuan’s shocking death. Fighting back this month, a lawyer representing Tangsuan’s estate, Brian Denney, warned that Disney was “explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+.”

According to Disney, by agreeing to the Disney+ terms, Piccolo also agreed to other Disney terms vaguely hyperlinked in the Disney+ agreement that required private arbitration for “all disputes” against “The Walt Disney Company or its affiliates” arising “in contract, tort, warranty, statute, regulation, or other legal or equitable basis.”

However, Denney argued that “there is simply no reading of the Disney+ Subscriber Agreement, the only Agreement Mr. Piccolo allegedly assented to in creating his Disney+ account, which would support the notion that he was agreeing on behalf of his wife or her estate, to arbitrate injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort from which she died.”

“Frankly, any such suggestion borders on the absurd,” Denney said.

Denney argued that Disney’s motion to compel arbitration was “so outrageously unreasonable and unfair as to shock the judicial conscience.”

It’s particularly shocking, Denney argued, because of a “glaring ambiguity” that Disney “ignores”—that Piccolo more recently agreed to other Disney terms that “directly conflict” with the terms that Disney prefers to reference in its motion.

Denney argued that Disney is “desperately” clinging to “Piccolo’s purported consent to the Disney Terms of Use in November of 2019, because the My Disney Experience Terms and Conditions he allegedly consented to in 2023″—when purchasing tickets on Disney’s website to Epcot that went unused—”do not contain an arbitration provision.”

Those terms instead “rather expressly contemplate that the parties may file lawsuits and requires those suits to be filed in Orange County Florida and to be governed by Florida law,” Denney said. They also specify that the My Disney Experience terms prevail amid any conflict with other terms.

This renders “the arbitration provision in the Disney Terms of Use unenforceable,” Denney argued, requesting Disney’s motion be denied and suggesting that Disney is attempting “to deprive the Estate of Kanokporn Tangsuan of its right to a jury trial.”

He also reminded the court that in nursing home cases, Florida courts have “repeatedly held that a resident’s estate will not be bound by an arbitration agreement signed by a spouse or other family member in their individual capacity.”

Disney is hoping that its Disney+ terms argument will push the litigation out of the court and behind closed doors of arbitration, arguing that “Piccolo’s remaining claims against Great Irish Pubs”—which does business as Raglan Road Irish Pub—”should be stayed as well.” That would be proper, Disney argued, because Piccolo’s claims against Disney “are based entirely on Great Irish Pubs’ alleged misconduct” and “it would be problematic for this litigation to continue since each tribunal may decide the issues differently.”

Disney also noted that the litigation should also be stayed if Great Irish Pubs joined the arbitration, which Disney “would not oppose.”

Denney argued that Disney’s motion to compel arbitration was “fatally flawed for numerous independent reasons.”

“There is not a single authority in Florida that would support such an inane argument,” Denney argued. It’s “preposterous,” he said, that Disney is arguing that “when Jeffrey Piccolo, individually, allegedly signed himself up for a free trial of Disney+ back in 2019 or bought Epcot tickets in 2023, he somehow bound the non-existent Estate of Kanokporn Tangsuan (his wife, who was alive at both times) to an arbitration agreement buried within certain terms and conditions.”

Disney fighting restaurant death suit with Disney+ terms “absurd,” lawyer says Read More »

In the South, sea level rise accelerates at some of the most extreme rates on Earth

climate change, coastal flooding, Florida, rising sea level, Science, syndication / Mike M. / July 13, 2024

migrating inland —

The surge is startling scientists, amplifying impacts such as hurricane storm surges.

Amy Green, Inside Climate News – Jul 13, 2024 11: 13 am UTC

Older man points to the rising tide while standing on a dock. — Enlarge / Steve Salem is a 50-year boat captain who lives on a tributary of the St. Johns River. The rising tides in Jacksonville are testing his intuition.

This article originally appeared on Inside Climate News, a nonprofit, independent news organization that covers climate, energy, and the environment. It is republished with permission. Sign up for their newsletter here.

JACKSONVILLE, Fla.—For most of his life, Steve Salem has led an existence closely linked with the rise and fall of the tides.

Salem is a 50-year boat captain who designed and built his 65-foot vessel by hand.

“Me and Noah, we’re related somewhere,” said Salem, 75, whose silver beard evokes Ernest Hemingway.

Salem is familiar with how the sun and moon influence the tides and feels an innate sense for their ebb and flow, although the tides here are beginning to test even his intuition.

He and his wife live in a rust-colored ranch-style house along a tributary of the St. Johns River, Florida’s longest. Before they moved in the house had flooded, in 2017, as Hurricane Irma swirled by. The house flooded again in 2022, when Hurricane Nicole defied his expectations. But Salem believes the house is sturdy and that he can manage the tides, as he always has.

“I’m a water dog to begin with. I’ve always been on the water,” said Salem, who prefers to go by Captain Steve. “I worry about things that I have to do something about. If I can’t do anything about it, then worrying about it is going to do what?”

Across the American South, tides are rising at accelerating rates that are among the most extreme on Earth, constituting a surge that has startled scientists such as Jeff Chanton, professor in the Department of Earth, Ocean and Atmospheric Science at Florida State University.

“It’s pretty shocking,” he said. “You would think it would increase gradually, it would be a gradual thing. But this is like a major shift.”

Worldwide sea levels have climbed since 1900 by some 1.5 millimeters a year, a pace that is unprecedented in at least 3,000 years and generally attributable to melting ice sheets and glaciers and also the expansion of the oceans as their temperatures warm. Since the middle of the 20th century the rate has gained speed, exceeding 3 millimeters a year since 1992.

In the South the pace has quickened further, jumping from about 1.7 millimeters a year at the turn of the 20th century to at least 8.4 millimeters by 2021, according to a 2023 study published in Nature Communications based on tidal gauge records from throughout the region. In Pensacola, a beachy community on the western side of the Florida Panhandle, the rate soared to roughly 11 millimeters a year by the end of 2021.

“I think people just really have no idea what is coming, because we have no way of visualizing that through our own personal experiences, or that of the last 250 years,” said Randall Parkinson, a coastal geologist at Florida International University. “It’s not something where you go, ‘I know what that might look like because I’ve seen that.’ Because we haven’t.

“It’s the same everywhere, from North Carolina all the way down to the Florida Keys and all the way up into Alabama,” he said. “All of these areas are extremely vulnerable.”

The acceleration is poised to amplify impacts such as hurricane storm surges, nuisance flooding and land loss. In recent years the rising tides have coincided with record-breaking hurricane seasons, pushing storm surges higher and farther inland. In 2022 Hurricane Ian, which came ashore in southwest Florida, was the costliest hurricane in state history and third-costliest to date in the United States, after Katrina in 2005 and Harvey in 2017.

“It doesn’t even take a major storm event anymore. You just get these compounding effects,” said Rachel Cleetus, a policy director at the Union for Concerned Scientists, an advocacy group. “All of a sudden you have a much more impactful flooding event, and a lot of the infrastructure, frankly, like the stormwater infrastructure, it’s just not built for this.”

In the South, sea level rise accelerates at some of the most extreme rates on Earth Read More »

Trash from the International Space Station may have hit a house in Florida

Florida, international space station, NASA, Science, Space, space debris, space junk / Paul Patrick / April 1, 2024

This cylindrical object, a few inches in size, fell through the roof of Alejandro Otero's home in Florida last month. — Enlarge / This cylindrical object, a few inches in size, fell through the roof of Alejandro Otero’s home in Florida last month.

A few weeks ago, something from the heavens came crashing through the roof of Alejandro Otero’s home, and NASA is on the case.

In all likelihood, this nearly two-pound object came from the International Space Station. Otero said it tore through the roof and both floors of his two-story house in Naples, Florida.

Otero wasn’t home at the time, but his son was there. A Nest home security camera captured the sound of the crash at 2: 34 pm local time (19: 34 UTC) on March 8. That’s an important piece of information because it is a close match for the time—2: 29 pm EST (19: 29 UTC)—that US Space Command recorded the reentry of a piece of space debris from the space station. At that time, the object was on a path over the Gulf of Mexico, heading toward southwest Florida.

This space junk consisted of depleted batteries from the ISS, attached to a cargo pallet that was originally supposed to come back to Earth in a controlled manner. But a series of delays meant this cargo pallet missed its ride back to Earth, so NASA jettisoned the batteries from the space station in 2021 to head for an unguided reentry.

Otero’s likely encounter with space debris was first reported by WINK News, the CBS affiliate for southwest Florida. Since then, NASA has recovered the debris from the homeowner, according to Josh Finch, an agency spokesperson.

Engineers at NASA’s Kennedy Space Center will analyze the object “as soon as possible to determine its origin,” Finch told Ars. “More information will be available once the analysis is complete.”

Ars reported on this reentry when it happened on March 8, noting that most of the material from the batteries and the cargo carrier would have likely burned up as they plunged through the atmosphere. Temperatures would have reached several thousand degrees, vaporizing most of the material before it could reach the ground.

The entire pallet, including the nine disused batteries from the space station’s power system, had a mass of more than 2.6 metric tons (5,800 pounds), according to NASA. Size-wise, it was about twice as tall as a standard kitchen refrigerator. It’s important to note that objects of this mass, or larger, regularly fall to Earth on guided trajectories, but they’re usually failed satellites or spent rocket stages left in orbit after completing their missions.

In a post on X, Otero said he is waiting for communication from “the responsible agencies” to resolve the cost of damages to his home.

Hello. Looks like one of those pieces missed Ft Myers and landed in my house in Naples.

Tore through the roof and went thru 2 floors. Almost his my son.

Can you please assist with getting NASA to connect with me? I’ve left messages and emails without a response. pic.twitter.com/Yi29f3EwyV

— Alejandro Otero (@Alejandro0tero) March 15, 2024

If the object is owned by NASA, Otero or his insurance company could make a claim against the federal government under the Federal Tort Claims Act, according to Michelle Hanlon, executive director of the Center for Air and Space Law at the University of Mississippi.

“It gets more interesting if this material is discovered to be not originally from the United States,” she told Ars. “If it is a human-made space object which was launched into space by another country, which caused damage on Earth, that country would be absolutely liable to the homeowner for the damage caused.”

This could be an issue in this case. The batteries were owned by NASA, but they were attached to a pallet structure launched by Japan’s space agency.

Trash from the International Space Station may have hit a house in Florida Read More »

Florida braces for lawsuits over law banning kids from social media

age verification, data privacy, Florida, online child safety, Policy, ron desantis / Paul Patrick / March 26, 2024

On Monday, Florida became the first state to ban kids under 14 from social media without parental permission. It appears likely that the law—considered one of the most restrictive in the US—will face significant legal challenges, however, before taking effect on January 1.

Under HB 3, apps like Instagram, Snapchat, or TikTok would need to verify the ages of users, then delete any accounts for users under 14 when parental consent is not granted. Companies that “knowingly or recklessly” fail to block underage users risk fines of up to $10,000 in damages to anyone suing on behalf of child users. They could also be liable for up to $50,000 per violation in civil penalties.

In a statement, Florida governor Ron DeSantis said the “landmark law” gives “parents a greater ability to protect their children” from a variety of social media harm. Florida House Speaker Paul Renner, who spearheaded the law, explained some of that harm, saying that passing HB 3 was critical because “the Internet has become a dark alley for our children where predators target them and dangerous social media leads to higher rates of depression, self-harm, and even suicide.”

But tech groups critical of the law have suggested that they are already considering suing to block it from taking effect.

In a statement provided to Ars, a nonprofit opposing the law, the Computer & Communications Industry Association (CCIA) said that while CCIA “supports enhanced privacy protections for younger users online,” it is concerned that “any commercially available age verification method that may be used by a covered platform carries serious privacy and security concerns for users while also infringing upon their First Amendment protections to speak anonymously.”

“This law could create substantial obstacles for young people seeking access to online information, a right afforded to all Americans regardless of age,” Khara Boender, CCIA’s state policy director, warned. “It’s foreseeable that this legislation may face legal opposition similar to challenges seen in other states.”

Carl Szabo, vice president and general counsel for Netchoice—a trade association with members including Meta, TikTok, and Snap—went even further, warning that Florida’s “unconstitutional law will protect exactly zero Floridians.”

Szabo suggested that there are “better ways to keep Floridians, their families, and their data safe and secure online without violating their freedoms.” Democratic state house representative Anna Eskamani opposed the bill, arguing that “instead of banning social media access, it would be better to ensure improved parental oversight tools, improved access to data to stop bad actors, alongside major investments in Florida’s mental health systems and programs.”

Netchoice expressed “disappointment” that DeSantis agreed to sign a law requiring an “ID for the Internet” after “his staunch opposition to this idea both on the campaign trail” and when vetoing a prior version of the bill.

“HB 3 in effect will impose an ‘ID for the Internet’ on any Floridian who wants to use an online service—no matter their age,” Szabo said, warning of invasive data collection needed to verify that a user is under 14 or a parent or guardian of a child under 14.

“This level of data collection will put Floridians’ privacy and security at risk, and it violates their constitutional rights,” Szabo said, noting that in court rulings in Arkansas, California, and Ohio over similar laws, “each of the judges noted the similar laws’ constitutional and privacy problems.”

Florida braces for lawsuits over law banning kids from social media Read More »

Unvaccinated Florida kids exposed to measles can skip quarantine, officials say

anti-vaccine, Florida, health, Ladapo, measles, MMR, Science, vaccines / Paul Patrick / February 22, 2024

Bad idea —

On Tuesday, nearly 20 percent of the school’s 1,067 students were reportedly absent.

Beth Mole – Feb 21, 2024 11: 41 pm UTC

Enlarge / Florida Surgeon General Dr. Joseph Ladapo speaks during a press conference at Neo City Academy in Kissimmee, Florida.

Paul Hennessy/SOPA Images/LightRocket via Getty Images

A sixth student at Florida’s Manatee Bay Elementary School outside of Fort Lauderdale has a confirmed case of measles, health officials announced late Tuesday. However, health officials are not telling unvaccinated students who were potentially exposed to quarantine.

The school has a low vaccination rate, suggesting that the extremely contagious virus could spark a yet larger outbreak. But in a letter sent to parents late Tuesday, Florida Surgeon General Joseph Ladapo—known for spreading anti-vaccine rhetoric and vaccine misinformation—indicated that unvaccinated students can skip the normally recommended quarantine period.

The letter, signed by Ladapo, noted that people with measles can be contagious from four days before the rash develops through four days after the rash appears. And while symptoms often develop between 8 to 14 days after exposure, the disease can take 21 days to appear. As such, the normal quarantine period for exposed and unvaccinated people, who are highly susceptible to measles, is 21 days.

“Because of the high likelihood of infection, it is normally recommended that children stay home until the end of the infectious period, which is currently March 7, 2024,” Ladapo’s letter states, adding that the date could change as the situation develops. “However, due to the high immunity rate in the community, as well as the burden on families and educational costs of healthy children missing school, [the health department] is deferring to parents or guardians to make decisions about school attendance.”

Local media outlets reported that, on Tuesday, more than 200 of the school’s 1,067 students were absent.

The measles cluster began Friday when a third grader, who had not recently traveled, was diagnosed with the vaccine-preventable illness. Over the weekend, three additional cases were identified, leading the local health department to release a health advisory. Two additional cases were identified this week. It’s unclear if all six children are unvaccinated.

According to a county vaccine study, only 89.31 percent of the school’s students were vaccinated in the 2023/2024 school year, suggesting that around 114 students are susceptible due to their vaccination status.

The measles virus spreads easily through respiratory transmission and can linger in air space for up to two hours after an infected person has been in an area. Among people susceptible to the virus—those who are unvaccinated or have compromised immune systems—up to 90 percent will become infected upon exposure. People who are fully vaccinated, meanwhile, are considered protected. Two doses of the Measles, Mumps, and Rubella (MMR) vaccine are 97 percent effective at preventing the disease.

Measles symptoms include high fever, runny nose, red and watery eyes, and a cough, as well as a telltale rash that develops after initial symptoms. About 1 in 5 unvaccinated people with measles are hospitalized, according to the Centers for Disease Control and Prevention, while 1 in 20 infected children develop pneumonia and up to 3 in 1,000 children die of the infection.

Unvaccinated Florida kids exposed to measles can skip quarantine, officials say Read More »

Measles erupts in Florida school where 11% of kids are unvaccinated

CDC, Florida, health, Infectious disease, measles, Science, Transmission, vaccination rate, virus / Mike M. / February 20, 2024

outbreak potential —

Over 100 children at the school are susceptible to virus.

Beth Mole – Feb 19, 2024 11: 14 pm UTC

Florida health officials on Sunday announced an investigation into a cluster of measles cases at an elementary school in the Fort Lauderdale area with a low vaccination rate, a scenario health experts fear will become more and more common amid slipping vaccination rates nationwide.

On Friday, Broward County Public School reported a confirmed case of measles in a student at Manatee Bay Elementary School in the city of Weston. A local CBS affiliate reported that the case was in a third-grade student who had not recently traveled. On Saturday, the school system announced that three additional cases at the same school had been reported, bringing the current reported total to four cases.

On Sunday, the Florida Department of Health in Broward County (DOH-Broward) released a health advisory about the cases and announced it was opening an investigation to track contacts at risk of infection.

At Manatee Bay Elementary School, the number of children at risk could be over 100 students. According to a Broward County vaccine study reported by the local CBS outlet, only 89.31 percent of students at Manatee Bay Elementary School were fully immunized in the 2023/2024 school year, which is significantly lower than the target vaccination coverage of 95 percent. The school currently has 1,067 students enrolled, suggesting that up to 114 students are vulnerable to the infection based on their vaccination status.

Measles is one of the most contagious viruses known. It spreads via respiratory and airborne transmission. The virus can linger in air space for up to two hours after an infected person has been in an area. People who are not vaccinated or have compromised immune systems are susceptible, and up to 90 percent of susceptible people exposed to the virus will become infected. Measles symptoms typically begin around eight to 14 days after exposure, but the disease can incubate for up to 21 days. The symptoms begin as a high fever, runny nose, red and watery eyes, and a cough before the telltale rash develops. Infected people can be contagious from four days before the rash develops through four days after the rash appears, according to the Centers for Disease Control and Prevention. About 1 in 5 unvaccinated people with measles is hospitalized, the CDC adds, while 1 in 20 infected children develop pneumonia and up to 3 in 1,000 children die of the infection.

Those who are not immunocompromised and are fully vaccinated against measles (who have received two doses of the Measles, Mumps, and Rubella (MMR) vaccine) are generally not considered at risk. The two doses are about 97 percent effective at preventing measles and protection is considered to be life-long.

The DOH-Broward said it is now “identifying susceptible contacts that may be candidates for post-exposure prophylaxis through MMR or immunoglobulin.”

While the risk of measles is generally low in the US—the country declared it eliminated in 2000—the threat of large outbreaks is growing as vaccination rates slip. Many cases in the US are linked to travel from countries where the virus still circulates. But, if a travel-related case lands in a pocket with low vaccination coverage, the virus can take off. Such was the case in 2019, when the country tallied 1,274 measles cases and nearly lost its elimination status.

Health officials typically consider vaccination coverage of 95 percent or greater to protect from ongoing transmission. In the years since the COVID-19 pandemic began, vaccination rates among US kindergartners have slipped to 93 percent, and vaccination exemptions reached an all-time high in the latest data from the 2022-2023 school year. There are now at least 10 states that have vaccination exemption rates above 5 percent, meaning that even if every non-exempt child is vaccinated, those states will not have enough coverage to reach the 95 percent target.

The CDC has tallied 20 measles cases in the US so far this year. But that is the tally as of February 15; it does not include any of the Florida cases reported since Friday. In 2023, there were 58 measles cases reported to the CDC.

This story was updated to include additional information about measles infection outcomes.

Measles erupts in Florida school where 11% of kids are unvaccinated Read More »

Cops arrest 17-year-old suspected of hundreds of swattings nationwide

California, fbi, Florida, Policy, serial swatter, serial swatting, SWATting / Kris Guyer / February 1, 2024

Coordinated effort —

Police traced swatting calls to teen’s home IP addresses.

Ashley Belanger – Feb 1, 2024 9: 32 pm UTC

Enlarge / Booking photo of Alan Filion, charged with multiple felonies connected to a “swatting” incident at the Masjid Al Hayy Mosque in Sanford, Florida.

Police suspect that a 17-year-old from California, Alan Filion, may be responsible for “hundreds of swatting incidents and bomb threats” targeting the Pentagon, schools, mosques, FBI offices, and military bases nationwide, CNN reported.

Swatting occurs when fraudulent calls to police trigger emergency response teams to react forcefully to non-existent threats.

Recently extradited to Florida, Filion was charged with multiple felonies after the Seminole County Sheriff’s Office (SCSO) traced a call where Filion allegedly claimed to be a mass shooter entering the Masjid Al Hayy Mosque in Sanford, Florida. The caller played “audio of gunfire in the background,” SCSO said, while referencing Satanism and claiming he had a handgun and explosive devices.

Approximately 30 officers responded to the call in May 2023, then determined it was a swatting incident after finding no shooter and confirming that mosque staff was safe. In a statement, SCSO Sheriff Dennis Lemma said that “swatting is a perilous and senseless crime, which puts innocent lives in dangerous situations and drains valuable resources” by prompting a “substantial law enforcement response.”

Seminole County authorities coordinated with the FBI and Department of Justice to track the alleged “serial swatter” down, ultimately arresting Filion on January 18. According to SCSO, police were able to track down Filion after he allegedly “created several accounts on websites offering swatting services” that were linked to various IP addresses connected to his home address. The FBI then served a search warrant on the residence and found “incriminating evidence.”

Filion has been charged as an adult for a variety of offenses, including making a false report while facilitating or furthering an act of terrorism. He is currently being detained in Florida, CNN reported.

Earlier this year, Sen. Rick Scott (R-Fla.) introduced legislation to “crack down” on swattings after he became a target at his home in December. If passed, the Preserving Safe Communities by Ending Swatting Act would impose strict penalties, including a maximum sentence of 20 years in prison for any swatting that lead to serious injuries. If death results, bad actors risk a lifetime sentence. That bill is currently under review by the House Judiciary Committee.

“We must send a message to the cowards behind these calls—this isn’t a joke, it’s a crime,” Scott said.

Last year, Sen. Chuck Schumer (D-NY) warned that an “unprecedented wave” of swatting attacks in just two weeks had targeted 11 states, including more than 200 schools across New York. In response, Schumer called for over $10 million in FBI funding to “specifically tackle the growing problem of swatting.”

Schumer said it was imperative that the FBI begin tracking the incidents more closely, not just to protect victims from potentially deadly swattings, but also to curb costs to law enforcement and prevent unnecessary delays of emergency services tied up by hoax threats.

As a result of Schumer’s push, the FBI announced it would finally begin tracking swatting incidents nationwide. Hundreds of law enforcement agencies and police departments now rely on an FBI database to share information on swatting incidents.

Coordination appears to be key to solving these cases. Lemma noted that SCSO has an “unwavering dedication” to holding swatters accountable, “regardless of where they are located.” His office confirmed that investigators suspect that Filion may have also been behind “other swatting incidents” across the US. SCSO said that it will continue coordinating with local authorities investigating those incidents.

“Make no mistake, we will continue to work tirelessly in collaboration with our policing partners and the judiciary to apprehend swatting perpetrators,” Lemma said. “Gratitude is extended to all agencies involved at the local, state, and federal levels, and this particular investigation and case stands as a stern warning: swatting will face zero tolerance, and measures are in place to identify and prosecute those responsible for such crimes.”

Cops arrest 17-year-old suspected of hundreds of swattings nationwide Read More »