Supreme Court rejects Musk appeal over tweets that must be approved by Tesla

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WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal from Elon Musk over a settlement with securities regulators that requires him to get approval in advance of some tweets that relate to Tesla, the electric vehicle company he leads.

The justices did not comment in leaving in place lower-court rulings against Musk, who complained that the requirement amounts to “prior restraint” on his speech in violation of the First Amendment.

The case stems from tweets Musk posted in 2018 in which he claimed he had secured funding to take Tesla private. The tweets caused the company’s share price to jump and led to a temporary halt in trading.

The settlement with the Securities and Exchange Commission included a requirement that his tweets be approved first by a Tesla attorney. It also called for Musk and Tesla to pay civil fines over the tweets in which Musk said he had “funding secured” to take Tesla private at $420 per share.

The funding wasn’t secured, and Tesla remains public.

The SEC’s initial enforcement action against Musk alleged that his tweets about going private violated antifraud provisions of securities laws. The agency began investigating whether Musk violated the settlement in 2021 when he did not get approval before asking followers on Twitter, now X, if he should sell 10% of his Tesla stock.

Musk acquired Twitter in 2022.

Letters: A big new stadium with no new parking at St. Thomas?

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Wrong site

The University of Saint Thomas proposes to build a 5,500 seat sports stadium where it does not belong (“St. Thomas neighbors appeal site plan approved for new D1 hockey, basketball arena,” April 16).

Many of us in the adjoining neighborhood wish the University well in its educational mission. Whether that mission includes building a sports stadium equal to those of national athletic powerhouses, however, is open to question. That proposition gets even more difficult if the University chooses to shoehorn a large stadium into an already full campus designed for a smaller institution and located in a residential neighborhood.

One outcome of the mismatch is that the University proposes to leverage ordinance changes meant to encourage use of transit oriented development by providing no (as in zero) new parking for fans. When pressed on that, officials vaguely refer to public transportation.

Other Twin City stadiums are located in highly urbanized areas with multiple transit options to handle surging crowds. Not this one. One bus line touches the site.

Let’s be realistic. Many of the fans will drive to the stadium and roam the residential streets looking for parking. Even if they find a warning ticket when they return, who cares?

The proposed stadium is in the wrong place.

Joel Clemmer, St. Paul

Little by little

There never was any question whether or not the shadowy surveillance program referred to as Section 702 of the Foreign Intelligence Surveillance Act would be renewed. (“Biden signs extension of surveillance program.”) Over the past 50 years it’s been an enigma of American government to secretly spy upon its own citizens. The civil liberty loopholes briefly alluded to near the end of the article are what makes this yet another means to surveil the American citizenry.

Unfortunately, despite clear mandates, intelligence agencies are still conducting backdoor searches to review communications from Americans, in clear violation of the 4th Amendment. Found buried inside this bill is the biggest expansion of domestic surveillance since the Patriot Act. It drastically expands the number of businesses that the U.S. government can force to eavesdrop on Americans without a warrant.

The 702 program works by compelling the cooperation of U.S. businesses defined by the government as ECSR “Electronic Communication Service Providers” (think Google; AT&T). The three-letter agencies want to expand the definition to include data centers, commercial landlords, but may ultimately ensnare delivery personnel, utility providers and even cleaning contractors. In practicality: Everyone. No wonder it has been nicknamed the ‘Stasi Amendment.’

This covert means to expand governmental reach and influence over every aspect of our very lives means little by little government is adhering less to the principles of our constitution, and as for you and me — American citizens all in all — now Stasi agents forced to work on its behalf.

Aesop was right! The Tyrant always finds pretext.

Julia Bell, St. Paul

 

Bad smoke, good smoke?

The Minneapolis City Council is making a move to control smoking by raising the price of cigarettes to $15 a pack. The object is to stop people from using tobacco because of its pernicious effects on their health and create another revenue stream for government.

I am truly shocked that they haven’t attempted to address the other smoking problem that is also deleterious to your health, motor skills and judgment when you’ve smoked too much. That would be marijuana. Last time I checked, I think it’s made of something similar to tobacco and has some of the same harmful ingredients as tobacco smoke.

Jim Feckey, Mendota Heights

 

Government job growth

I am not as positive about Minnesota’s job growth as the DEED commissioner as reported in the April 19 Pioneer Press. What bothered me was that for the year over half the job gains were in the government, 24,347, versus 23,161 in the private sector.

Also I am curious if some of the jobs in other areas, e.g. construction or education, are not the result of government funding. In any case it should be obvious that job growth in the government over that in the private sector is not sustainable.

Ed Erickson, Woodbury

 

Charity begins at home

Last Sunday’s Pioneer Press highlighted some of the problems currently facing the United States. The front page noted that the House approved a $95 billion aid package to Ukraine, Israel, and other allies on Saturday. Our current debt, before this expenditure, was considered unsustainable.

Also on the front page was an article about a LGBTQ+ refugee who fled Russia, along with his partner, as they were considered enemies of the state, and were fleeing for their lives. This heart-warming story detailed how he is settling in well.  A GoFundMe page has been started to raise money for an attorney to give his partner an opportunity to join him. Minnesota Nice at its best.

I feel this immigrant is only among a few that are facing danger in their countries, and running for their lives. The majority of immigrants coming to America illegally are coming because they want a better life. Due to lack of proper vetting, of course, in this group are terrorists who want to destroy America.

Those coming illegally are coming to America (Disneyland to the World) where they hope their wishes will come true. The cities can’t afford to care for all of these people.  Because of this, services are being reduced to the tax-paying citizens living in these cities.

In this Sunday edition, another article explained that the Supreme Court is to decide whether “punishing homeless people sleeping outside, when shelter is lacking, amounts to unconstitutional cruel and unusual punishment.” This article stated that “homelessness in the United States grew by 12%, to its highest reported level since 2007. More than 650,000 people are estimated to be homeless.” “Soaring rents combined with declining Covid assistance has put housing out of reach for more people.”  “People of color,  LGBTQ+ people and seniors are disproportionately affected.”

The United States should put the welfare of its citizens first. Biden’s policy of opening the borders to all who want a better life, deprives our citizens of this right. Charity begins at home.

Vicky Moore, North St. Paul

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An East Texas County Fights a Bitter Battle Over a Reborn Hospital

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This story is part of “The Holdouts,” a collaborative project led by Public Health Watch that focuses on the 10 states that have not expanded Medicaid.

The dueling election signs beckoning voters to choose their next hospital district board have popped up in yards, on street corners, and in the windows of businesses across the small East Texas town of Crockett.

“Keep Our Hospital Open,” reads a large sign with four hospital board candidates’ names emblazoned in red in front of the Moosehead Café on the Houston County courthouse square. Next door, a smaller blue sign imploring people to “Keep a Strong Hospital” lists four other names—the opposing slate.

Elsewhere in Texas, voters are heading to the May 4 polls to choose everything from city council members to school board members. But in this town of about 6,300 residents, the hot local race is over who will govern the future of the only hospital in the county: Mid Coast Medical Center-Crockett.

In the last decade, the hospital—which has had different names—has closed, reopened, and changed operators several times. Now it’s facing financial pressures, including wrestling with costs from treating patients who cannot or will not pay their bills.

Houston County’s struggle to keep its hospital open reflects similar challenges faced by rural hospitals across the state. Texas not only has the highest rate of uninsured residents in the nation, it also has the highest number of rural hospital closures—26 as of 2023, according to an analysis by Chartis, a healthcare advisory firm. In the 10 states that haven’t expanded Medicaid coverage, including Texas, more than half of the rural hospitals are operating in the red, the study found. 

Many rural hospitals like Crockett’s encounter resistance to raising local property taxes to keep up with rising costs. They don’t have as much leverage as larger facilities in bigger communities when negotiating reimbursement rates with insurers. Their demographics often make supporting a local hospital more difficult. 

“You’re talking about a population that’s older, poorer, sicker, and less insured,” said John Henderson, president and CEO of the Texas Organization of Rural & Community Hospitals. 

Crockett, Houston County’s largest town, and the county as a whole have seen their populations decline since 2000. Almost a fifth of the population in Crockett, and 23 percent of the county, is 65 and older, compared with 13 percent for Texas. More than a fifth of Crockett residents under age 65 are uninsured, compared with 18.9 percent statewide for 2022. The poverty rate of 27.3 percent is almost double the 14 percent rate for Texas. Only 14.8 percent of county residents age 25 and over hold a bachelor’s degree or higher, less than half the statewide rate of 32.3 percent. 

Barbara Crowson, the current hospital district board president, who is not up for reelection, points to another challenge in supporting the 25-bed hospital in Crockett: geography. 

“We’re a very large county and if you live at the southern end, they’re closer to Huntsville than they are to Crockett,” Crowson said. “On the other [eastern] end of the county, they’re closer to Lufkin. They’re not going to drive to Crockett” to go to the hospital when cities closer to them have medical centers.

Most of the hospital’s patients come from the Crockett area or the Houston County Lake area to the north, she said.

The hospital’s fate resonates with many people in this town, named for Davy Crockett, the frontiersman and congressman who died defending the Alamo. Houston County is the oldest county in Texas, established when the state won its independence from Mexico and named after the Republic of Texas’ president, Sam Houston. 

In recent years, residents have packed some hospital board meetings. Critics have disrupted meetings, refusing to sit down. The meetings became so contentious that the board proposed and clashed over a “code of conduct” for its own members and the public. 

As property values have risen, some people have demanded that the district lower their tax rates, which the board did in a divided vote in 2023, from 13 cents to 10.7 cents per $100 of valuation. The hospital board itself is split between those who want to support the hospital by raising property taxes if necessary to cover costs and expand services and those who say it’s not needed. Tax opponents say the hospital’s operator, Mid Coast Health System, a nonprofit chain based in El Campo, southwest of Houston, receives enough public funds. 

“Houston County definitely is not completely unique, but it has a historically torn district on really understanding what all it takes for a small rural hospital to stay viable,” said Brett Kirkham, Mid Coast Health System’s chief executive. 

Part of the dissension may stem from Crockett’s rocky history with previous operators that leased the county-owned hospital. East Texas Medical Center, based in Tyler, operated it for about 15 years, then cut back on satellite hospitals and ended its lease in 2015. The county hospital district and the Community Hospital Corporation took over managing the facility temporarily. 

Kathryn Jones

The county thought it found a partner when Timberlands Healthcare, a subsidiary of Little River Healthcare based in Rockdale, entered into a lease agreement in early 2016. But Timberlands ran into financial problems and told the board that it had to stop delivering babies. In June 2017, Timberlands closed abruptly, putting almost 200 employees out of work. Patients arriving at the hospital found a sign taped to the front door that read, “Hospital Closed,” with no explanation. Patients had to call 911 in the event of an emergency or travel 35 miles to the nearest hospital in Palestine.

A year later, Little River filed for Chapter 11 bankruptcy, then sought to liquidate its holdings, which included medical facilities in Cameron, Rockdale, and elsewhere in Central Texas. Little River was the target of  a U.S. Justice Department investigation that contended it funneled payments to Texas doctors in exchange for referrals for laboratory tests from Little River and two other companies. In June 2022, the department said 15 Texas doctors agreed to pay $2.8 million to settle the kickback allegations.

After Timberlands’ closure, hospital district board members worked to bring in new operators to take over the empty space and lease the facility. A pair of Austin-area doctors reopened the hospital in July 2018 as Crockett Medical Center LLC. It operated on a smaller scale than Timberlands, with an emergency department and 25 inpatient beds. 

Crockett attracted attention as one of only a handful of communities in Texas that had a local hospital close and reopen. 

“That’s about unprecedented,” said Henderson, of the rural community hospitals group. 

Indeed, it was such a rare occurrence that KFF Health News did a long story about it. TV stations and other media also covered the reopening.

Crockett Medical Center seemed to be going strong. Then one of the partner doctors left. The remaining partner decided to return to Austin for personal and professional reasons and informed Crowson that he wouldn’t renew the lease. 

“It was a huge shock,” Crowson said. 

In 2023, Mid Coast Health System took over the lease. The nonprofit also operates hospitals in El Campo, Palacios, Llano, Bellville, and, most recently, Trinity, about 30 miles from Crockett in adjacent Trinity County. That facility, which had closed seven years earlier, also joined the short list of shuttered hospitals that reopened. Mid Coast held a ribbon-cutting ceremony at the Trinity hospital earlier this month. 

Kirkham, the CEO at Mid Coast, said the corporation has tried to find the right formula to keep rural hospitals afloat, sharing costs as much as possible among its six hospitals.

It’s worked well, he said. “But still you have to have the community support. Most of our facilities have a hospital district with some tax support for indigent uncompensated care. But none of that even covers the full burden. … That’s where us being able to pull out cost, to get better contracts, helps give these hospitals a fighting chance.”

One of Mid Coast-Crockett hospital’s advantages is that it’s designated as a “critical access” facility by the federal Centers for Medicare & Medicaid Services. That means the hospital provides 24/7 emergency care and receives cost-based reimbursements for Medicare patients, among other benefits. 

Kirkham envisions synergies between Crockett’s and Trinity’s hospitals.

“We can further our mission of keeping expenses down, sharing leadership, flexing staff between both facilities,” Kirkham said. “But it still relies on district support and our communities supporting and wanting and using the hospital locally.” 

Kent Waters, the Crockett hospital’s administrator, said he sees that support after one year in the community. The hospital averages about 800 emergency room visits a month and has begun a “swing bed” program that’s paying off. Patients who go to larger hospitals in Lufkin and Palestine for surgery, for example, can come back and receive rehab and nursing in Crockett’s hospital instead of in a skilled nursing facility. 

Medicare Advantage plans, which are offered by private insurers, are cutting into that, though, because they tend to reimburse less than traditional Medicare, according to the Chartis study. Kirkham said Advantage plans dilute a key benefit of critical-access programs by increasing rural hospitals’ financial risks with lower reimbursement rates and, at times, slow repayment. “We’re seeing about 55 days to get a claim paid” under Medicare Advantage programs, Kirkham said. He cited an “egregious” case where it took seven months to get the payment. 

Insurance trade groups, like AHIP, say Advantage plans provide better services and access to care at a lower cost.

“Right now we need a hospital more than ever.” 

As far as Medicaid expansion goes, “We know that’s a very touchy topic in Texas, but for most hospitals it definitely would mean a lot” by increasing the number of paying patients, Kirkham said. A Texas A&M University study released in 2020 found that nearly a million newly eligible Texans would sign up for Medicaid if the program were expanded.

On the other hand, hospitals like Mid Coast-Crocket might still have to deal with Texas’s low Medicaid reimbursements, which don’t cover all the costs, Kirkham said. 

Currently, the hospital district board provides $225,000 to the hospital each month; $100,000 is returned to the district for the hospital lease payment. That means a net of $125,000 is used for indigent care costs, Waters said. But actual costs vary and have run as high as $400,000, he said.  

During the last cold and flu season, the ER experienced one of its busiest weeks, Waters said. Some people visited for problems better treated by their doctor or by themselves. 

“The other day someone came in and it was like they had touched a pan that was a little bit too hot,” Waters said. “A Band-Aid at home probably could have sufficed.” 

With all the forms of unpaid care, “That’s why most hospitals still rely on a healthy tax base,” Kirkham said.

Inside the Moosehead Café on a recent Monday morning, diners sat in booths with checkered tablecloths and sipped coffee. The café attracts many locals and visitors from all over Texas and the nation, thanks to its collection of animal heads—including, yes, moose heads—vintage souvenirs, political signs, and its funky, laid-back Texas feel. 

Hospital board candidate Buddy Conts, the café’s co-owner, sat at a table with board incumbents Rhonda Brown and Dina Pipes, who are seeking reelection. They want to keep the hospital open but push for more transparency and oversight.

“We aren’t negative,” Brown said. “We want to see this hospital open, prosper, and serve this community.” The candidates said they know the hospital must provide indigent care, but they want more information about where non-paying patients are coming from and how tax dollars are being spent. 

“I grew up poor. I know what it’s like to struggle,” Brown said. “I am not against helping people by any means.” But Mid Coast is required by contract to give more financial information—how every dime is being spent, she said. “That’s our job.”

Waters responded that the company gives the board monthly reports on the hospital’s operating condition, as well as a monthly uncompensated-care report. “[We have] done all that we can to get them the information they want without violating any HIPPA concerns” regarding medical privacy, he said.

The opposing slate of candidates aligned with Crowson—the current board president—includes Robert Grier, who has a doctorate in human genetics and biochemistry and was a past board president, and Jarvis McElhany, a 26-year-old paramedic at Houston County EMS. McElhany said he’s seen firsthand the need for the local hospital. 

“We have quite a lot of cardiac arrests,” he said. “It’s very hard to do CPR in a helicopter, so we’re going to take them (by ambulance) to the closest facility, which nine out of 10 times is Crockett.

“Right now we need a hospital more than ever.” 

McElhany said he’s concerned that “a lot of bickering and needless fighting” will drive the hospital’s operator away. 

Crowson, Grier, and McElhany said they favor raising the tax rate to 12 cents per $100 of valuation. The new funds could be used to start a diabetic clinic and attract at least one new doctor to town, they said.

Brown, the current board member who is seeking reelection on the opposing slate, said raising the hospital tax rate is not necessary “because we are meeting all our obligations with sufficient funds.”

Whether enough taxes and other revenue can be squeezed out of a poverty-stricken, underinsured county to keep a hospital afloat is the question many rural hospitals and taxing districts are grappling with these days. Kirkham said it all boils down to community support. 

“We’re appreciative of the support we get, but if we’re not wanted here, we can spend our time and efforts in other communities,” he said. “It’s a sad thing, but that’s the reality.”

Development deadline: St. Paul must spend $6 million in uncommitted TIF dollars by December 2025

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Under state law, the city of St. Paul must spend a pool of $6 million in uncommitted tax increment finance dollars on real estate development by December of 2025.

In the 2021 omnibus tax bill, the state Legislature allowed the city to take excess, or unobligated, tax increment balances and pool them in a holding account. While St. Paul’s Housing and Redevelopment authority put together a plan for some $21 million of the $27.55 million in excess TIF funds, $6 million remains.

What is TIF?

When developers seek to remove blighted properties and build affordable housing or commercial real estate, they often ask Minnesota cities for a type of tax incentive dubbed tax increment financing.

TIF allows them to capture the increased property tax resulting from the new construction and use it instead for certain types of on-site improvements, such as cleaning up pollution or adding public amenities like streets, sidewalks, sewer and water connections. After as many as 26 years, the TIF district expires, and the city and other taxing jurisdictions benefit from the higher tax revenues.

St. Paul currently captures 7.9% of its tax capacity — or 7.9% of the city’s cumulative potential property taxes — and redirects it to private development.

That adds up to $41 million in tax incentives drawn from 59 TIF districts across the city. Instead of fueling city, county and school district general funds, that $41 million in potential property tax backs new real estate that officials contend might not otherwise exist without such tax incentives.

Over the years, some critics have labeled TIF an unnecessary tax give-away to developers, who have grown accustomed to asking for it. In parts of the city where redevelopment has stalled, others see it differently. “We won’t use TIF unless the development wouldn’t happen without it,” said Nicolle Goodman, director of St. Paul Planning and Economic Development, during a recent meeting of the city’s Housing and Redevelopment Authority. “It’s not increment that would have existed otherwise.”

TIF districts

Developers and city officials, including St. Paul Mayor Melvin Carter, Councilwoman Rebecca Noecker, Director of Planning and Economic Development Nicolle Goodman and Developer Pete Deanovic, break ground on the new Farwell-on-Water district June 23, 2023. (Molly Wilson / Pioneer Press)

New TIF districts are supporting affordable housing at Buhl Investors’ Farwell Yards project on Plato Boulevard, CommonBond’s Lumin project at Highland Bridge and Johnny Opara’s The Hollows project on Payne Avenue, as well as the conversion of downtown Landmark Towers from an office tower to 187 units of market-rate housing.

Farwell Yards is situated in part on a new public street whose construction is supported by TIF, Bidwell Street, and will span a new 221-unit market-rate housing development that is not in the TIF district.

In addition, Snelling Midway Redevelopment LLC is relying on a TIF district to boost a planned hotel, restaurants and office space at United Village, by Allianz Field and Snelling and University avenues, replacing a previously-established “Renewal and Renovation” TIF district there. Three new TIF districts will soon roll out at The Heights, the redevelopment of the former Hillcrest Country Club and golf course, to support housing projects from Sherman Associates, Habitat for Humanity and the JO Companies.

St. Paul doesn’t contribute upfront

Rebecca Noecker (Courtesy photo)

In St. Paul, developers pay upfront for TIF-supported site improvements and are reimbursed over time through a pay-as-you-go financial note, meaning the developer absorbs all the financial risk in case the project fails.

“The city is not upfront contributing any cash to the project,” said St. Paul City Council Member Rebecca Noecker, during an April 10 meeting of the St. Paul HRA, whose board she chairs. “What we’re sending them back is their tax dollars that they’ve paid us. … We’re really not out anything, except the additional value of the land and the additional value of the development.”

Project areas can be larger than TIF districts, allowing cities to pool TIF dollars generated by a development and spend the money in the larger area around it, or even for affordable housing far off-site.

“It can happen anywhere in our city, if it’s a qualifying affordable housing project,” said Jenny Wolfe, debt manager for the city’s Housing and Redevelopment Authority, during an April 10 presentation to the council.

An extra $6 million must be spent by 2025

Landmark Towers in downtown St. Paul. (Courtesy of CBRE Group Inc.)

TIF districts sometimes generate more cash than they need to pay off their scheduled financial obligations. That’s largely because they’re usually structured with 10% of wiggle room to cover costs such as administrative expenses, Wolfe said.

St. Paul’s $27.55 million in pooled TIF must be spent on private development — including new construction or building renovations — underway by Dec. 31, 2025. The St. Paul HRA crafted a spending plan in June 2022, bolstering eight planned projects with some $21 million of the $27.55 million.

The eight projects include the renovation of an apartment building at 652 Sherburne Ave., the first phase of Habitat for Humanity homes at The Heights, the Landmark Towers conversion, Listening House, Little Africa Plaza, the Mali Center, the United Village redevelopment and a sanitary sewer project along Water Street.

That still leaves more than $6 million uncommitted, on the table for future development, with a deadline of December 2025 by which to spend it.

The city, the St. Paul HRA and the St. Paul Port Authority are authorized to establish TIF districts. The county and school board may comment on them, but they don’t have final authority over them, even though some of the revenues being generated would have otherwise flowed to their coffers.

There are currently 47 St. Paul HRA TIF districts, including 26 affordable housing districts, and 12 Port Authority TIF districts.

10% goal

Cheniqua Johnson (Courtesy photo)

The city maintains a general goal of keeping its TIF revenues below 10% of St. Paul’s tax overall capacity. That number is currently 7.87%, a bit below the five-year average of 8.1%, Wolfe said.

“We are comfortably below that 10% goal,” she told the council. “I feel comfortable that TIF is still a tool in our tool box for us to use judiciously as we seek development in our city.”

Still, the city’s TIF capture is expected to go up over the next few years, rising to be as high as 9.23% of St. Paul’s overall tax capacity by the year 2028, according to HRA projections. If the city’s tax base grows, that number is also projected to go down with time.

Council Member Cheniqua Johnson on April 10 asked city staff for a map or listing of where the TIF districts are located, delineating them by political ward.

Under state law, TIF cannot be used to build government buildings, parks or recreational buildings.

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