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The latest stories from The Press of Atlantic City, in case you missed them.
1
Atlantic City school board, superintendent decline to publicly address child abuse charges
- John O'Connor
ATLANTIC CITY — The city’s Board of Education declined to publicly address the employment status of schools Superintendent La’Quetta Small Tuesday night during its first regular meeting since she and Mayor Marty Small Sr. were charged with endangering the welfare of their teenage daughter.
“I can’t comment on it,” board President Shay Steele said before the meeting convened into executive session. “We have a job to do here, and one of the things we hold serious is talking personnel matters in public. At this time, we can’t discuss it any further.”
La’Quetta Small gave her superintendent’s report at the beginning of the meeting in front of a standing-room-only crowd of supporters and opponents but didn’t speak on the charges.
Small, who has been superintendent since October 2021, makes $210,000 a year.
The state Department of Education did not respond to a request for comment.
Mayor Small also attended the meeting and gave his wife a hug at the start of it. He declined to comment on the situation, referring all questions to his attorney, Ed Jacobs.
Despite the large crowd, only one person addressed the board during the public comment period. Steve Young of the National Action Network of South Jersey, a frequent critic of the Smalls, offered a moment of silence for fallen children in the community.
La’Quetta Small looked at Young during his remarks but said nothing.
Superintendent Small, 47, was charged April 15 with three counts of disorderly persons simple assault. Mayor Small, 50, was charged with terroristic threats, aggravated assault and disorderly persons simple assault.
Earlier this year, the couple’s teenager daughter told officials at Atlantic City High School she was being physically and mentally abused at home, according to an affidavit of probable cause.
Court documents claim during one incident, La’Quetta Small punched her daughter multiple times on her chest, leaving bruising; dragged her daughter by her hair then struck her with a belt on her shoulders, leaving marks; and punched her daughter in the mouth.
In another incident, Mayor Small allegedly hit his daughter in the head several times with a broom, causing her to lose consciousness. He is also alleged to have threatened to hurt her by “earth slamming” her down the stairs, grabbing her head and throwing her to the ground, and “smacking the weave out of her head.”
The claims set off an investigation that saw the high school principal, Constance Days-Chapman, charged March 28 with failing to report the alleged abuse.
During the meeting, the board named Secondary Education Director Donald Harris as the high school’s acting principal, replacing Days-Chapman.
According to prosecutors, a staff member informed Days-Chapman about the abuse. Days-Chapman said she would report the issue to the state Division of Child Protection and Permanency.
Days-Chapman then allegedly met with the juvenile’s parents at their home and informed them the student told staff about the abuse, according to prosecutors.
But it was later determined Days-Chapman failed to report the abuse, as required by law and school district policy, according to the Prosecutor’s Office.
Days-Chapman headed up Mayor Small’s reelection campaign in 2021, and the affidavit of probable cause against the Smalls lists her name several times.
She also is the president of the city’s Democratic Committee but was asked to take a leave absence pending the outcome of her case.
The Smalls are due in court for their first appearance May 15.
Days-Chapman is due in court May 20 for a pre-indictment conference.
2
Pickleball facility coming to Atlantic City outlets
- John Russo
ATLANTIC CITY— A New York-based pickleball company is bringing the sport to the resort with a facility at Tanger Outlets The Walk.
Pickleball Smash-it is set to open this spring. The 6,235-square-foot facility will be located next to Dollar Tree on Missouri Avenue, seen by traffic coming into the city from the Atlantic City Expressway.
It will boast two indoor, tournament-quality courts outfitted with luxury couches, free Wi-Fi and the ability to control music from players' phones. No membership will be required, and it will offer private group events as well as two-hour open play for $10.
“As one of three Tanger properties to welcome Pickleball Smash-it to our roster of diverse retailers, we’re excited for shoppers to have access to more entertainment options when visiting us,” said Tanger Regional Vice President, Field Marketing, Jodi Hoag. “Pickleball has quickly become a popular sport among our active Atlantic City community, and we’re confident guests will find Pickleball Smash-it’s modern facility to be the perfect place to spend time with family and friends.”
The facility also offers "Save my Play," which allows guests the ability to capture their games on video or livestream any match.
Pickleball is considered the fastest growing sport in the U.S., age-friendly and easy to learn. Two or four players hit a perforated, hollow plastic ball with paddles over a 34-inch-high net.
3
Vineland police sergeant accused of using position to obtain child p*rn indicted
- John O'Connor
A Vineland police sergeant who allegedly used his position to obtain child p*rnography from a case the department was investigating was indicted Wednesday, state Attorney General Matthew Platkin said.
Christopher Ortiz, 39, of Estell Manor, is charged with endangering the welfare of a child by possessing more than 100 items of child sexual exploitation/abuse material, official misconduct and tampering with records.
The indictment alleges Ortiz obtained more than a dozen items depicting child sexual exploitation associated with a case the department began investigating in March 2023 based off a tip from the Internet Crimes Against Children Task Force, Platkin said Wednesday.
Ortiz also allegedly requested 17 additional items of child sexual abuse material associated with the investigation for unauthorized use and possessed, viewed or had under his control 100 items of child p*rnography, Platkin said.
"The allegations in this indictment are deeply troubling,” Platkin said. “Any time an officer allegedly abuses his position and misappropriates evidence, it’s a dishonor to the profession and a betrayal of the community’s trust. Given the nature of the evidence involved in this case, it is particularly disturbing.”
Vineland officials confirmed Ortiz was suspended without pay after he was charged, Platkin said.
4
400-acre fire in Wharton State Forest 75% contained
- Nicholas Huba
New Jersey firefighters have made"substantial progress" Wednesday to contain a wildfire burning in the area of Jackson Road in Wharton State Forest, officials said.
The fire, which is burning in Waterford Township, Camden County, and Shamong Township, Burlington County, is about 400 acres and was 75% contained as of 8 p.m., according to the New Jersey Forest Fire Service.
Jackson Road, which was closed from Tremont Avenue to Atsion Road in the area of the fire, reopened at 6 p.m., officials said.
The Goshen Campground was evacuated and closed, as were the Burnt Mill, Goshen Pond and Sleeper Creek trails. Those areas remain closed, officials said.
Crews have attacked the fire from the ground and via an observation helicopter.
Another update on the fire is expected about 8 a.m. Thursday.
Staff Writer John Russo contributed to this report.
5
2nd annual Ocean City Pride Fest set for June 1
- John O'Connor
OCEAN CITY— We Belong Cape May County will host its second annual OC Pride Fest from 9 a.m. to 1 p.m. June 1, event organizers said Wednesday.
The festivities will begin on Sixth Street with a pride walk led by Michael Hartman, founding artistic director of the Greater Ocean City Theatre Company.
Following the parade, attendees will be treated to activities in the Civic Center on Sixth Street, including face painting, a special appearance by Miss Hammonton Pride 2023 Dallas DuBois, caricatures, a recycled jewelry bar, photography, balloon animals and queer trivia.
Local musicians Tryptophan, Viktor Palmer and Maeve Sanford will perform during the event.
More than 30 community organizations will be on hand to provide support and information, including the Atlantic County Queer Alliance, Queer Headed, Ocean City High School Prism Club, CARA, Cape Assist, Free Mom Hugs, Equality Cape May, Peyton Heart Project and Big Brothers Big Sisters.
Visitwebelongcmc.com for more information.
6
NJ Congressman Donald Payne Jr. dies at 65 of a heart attack
- Associated Press
TRENTON — U.S. Rep. Donald Payne Jr., a New Jersey Democrat and a member of the Congressional Black Caucus who replaced his father in the seat, died Wednesday after a heart attack this month that left him hospitalized, officials said. He was 65.
Gov. Phil Murphy called his fellow Democrat a “steadfast champion for the people of New Jersey” in a statement confirming Payne’s death.
Payne served for 12 years in the Newark-area seat his father had held for more than two decades. Representing a heavily Democratic and majority Black district, Payne drew strong marks from liberal organizations for his voting record.
“With his signature bowtie, big heart, and tenacious spirit, Donald embodied the very best of public service," Murphy said. “As a former union worker and toll collector, he deeply understood the struggles our working families face, and he fought valiantly to serve their needs, every single day.”
New Jersey's Democratic Party chair, LeRoy Jones Jr., called Payne a “towering figure in both our party and our community.”
The Congressional Black Caucus said Payne would be remembered for his kindness and generosity and called him an advocate for progressive causes including making college tuition free, expanding voting rights and fighting climate change.
Payne had previously served as City Council president in Newark, New Jersey's largest city, and on the Essex County Board of Commissioners.
Payne's office had said his heart attack was connected to complications from diabetes. Payne’s father, Donald Milford Payne, held the congressional seat before him. When the elder Payne died in 2012, the younger ran successfully in a special election to succeed him.
Payne had won reelection six times since. The district covers parts of Newark and its heavily populated suburbs.
Murphy's office declined to comment Wednesday on the governor's plans to order a special election to fill the rest of Payne's current term, which ends Jan. 3, 2025.
Payne already filed paperwork by the March deadline to run for reelection and is to appear uncontested on the June 4 primary ballot. Should he remain on the primary ballot and win the nomination, Democratic Party committee members in his district could choose a replacement candidate to run in the November general election.
The district is likely to remain in Democratic hands, with registered Democrats outnumbering Republicans there more than 6 to 1.
A New Jersey colleague, Democratic U.S. Rep. Frank Pallone, called Payne a “truly great public servant" who liked to call him “Uncle Frank" and had fought to raise awareness for diabetes and colorectal cancer prevention and to replace lead pipes in Newark.
Another colleague, Democratic U.S. Rep. Bennie Thompson, of Mississippi, called Payne a “thoughtful legislator, a dear friend, and a man of such a kind and affable nature that he was well-liked and respected" by both Democrats and Republicans.
“Most importantly, he was a devoted family man, and it was this role that drove his passion for the policies he pursued,” Thompson said.
As a member of the Committee on Homeland Security, Payne made school security a priority, helping to establish a School Safety Task Force at the Department of Homeland Security and pressing for federal agencies to take extra precautions for children and schools during emergencies, Thompson said.
“He leaves behind an important legacy through his congressional service: making children safer. In his honor, we will continue that legacy," Thompson said.
Payne's survivors include his wife, Beatrice, and their three children, Murphy said.
7
New Jersey is motivating telecommuters to appeal their New York tax bills. Connecticut may be next.
- SUSAN HAIGHAssociated Press
Telecommuting, a pandemic-era novelty that has become a permanent alternative for many people, has some Connecticut and New Jersey employees of New York-based companies questioning why they still have to pay personal income tax to the Empire State.
Their home states are wondering as well.
Fed up with losing out on hundreds of millions of dollars in tax revenue each year, New Jersey is now offering a state tax credit to residents who work from home and successfully appeal their New York tax assessment. Connecticut is considering a similar measure.
The Garden State’s bounty — a rebate worth roughly half a person’s refund of income taxes they paid to New York for the 2020-23 period — has been claimed so far by one winning litigant since the state made the offer in July, according to the state Division of Taxation. That taxpayer received a $7,797.02 refund for their efforts. Officials hope that person’s windfall will encourage others to follow suit.
Another New Jersey resident who is taking up the state’s offer is Open Weaver Banks, a tax attorney who prefers working from home to braving an “awful” commute into the Big Apple. She’s also filed one of a growing number of similar challenges.
“The process of doing the refund and the appeal isn’t all that intimidating to me,” said Banks, a tax partner at Hodgson Russ LLP. “I’m on New Jersey’s team here. I would like to see more residents doing this. I think they have a really fair point.”
New York requires out-of-state commuters who work for New York-based companies to pay New York income taxes, even if they’ve stopped physically going in to the office most days a week, unless they can satisfy very strict requirements for what constitutes a bona fide home office.
A home office near a specialized track to test new cars, for example, might qualify if it couldn’t be replicated in New York. But a worker with specialized scientific equipment set up in their home that could be duplicated over the border would still have to pay, according to a memorandum from the New York State Department of Taxation.
When the nature of work was upended in 2020, New York should have “softened” these requirements, Banks said. “And they didn’t. They are just standing by and fighting the claims.”
Both neighboring states have implemented “retaliatory” tax rules that affect New Yorkers who work remotely for Connecticut or New Jersey-based companies, but these workforces are far smaller and their overall tax payments don’t make up the difference.
Out-of-state taxpayers paid New York nearly $8.8 billion in 2021 in taxes, roughly 15% of the state’s total income tax revenues, according to the Citizens Budget Commission in New York. Of that, $4.3 billion came from New Jersey taxpayers and $1.5 billion from Connecticut taxpayers.
It’s unclear how much of that was earned at home. But out-of-state employees of New York-based companies who work remotely are increasingly appealing their tax bills, Amanda Hiller, the acting commissioner and general counsel for the New York Department of Taxation and Finance, told state legislators recently.
Hiller acknowledged that New York’s decades-old policy, known as a “convenience of the employer rule,” has created a financial burden for New Jersey and Connecticut, which provide tax credits to their residents for the income taxes they’ve paid New York so they are not double-taxed.
New Jersey’s Division of Taxation said the state’s long-term goal is to have New York’s rule overturned entirely, something that will likely require a taxpayer’s legal challenge to succeed before the U.S. Supreme Court. That could be a tall order: New Hampshire tried to sue Massachusetts for temporarily collecting income tax from roughly 80,000 of its residents who worked from home during the pandemic, and the Supreme Court rejected the complaint without comment.
Officials in New Jersey estimate it could reap as much as $1.2 billion annually if residents working from home for New York companies are taxed at home. Connecticut could recoup about $200 million, its officials say.
Connecticut Gov. Ned Lamont has proposed an initiative similar to New Jersey’s that needs final legislative approval. It’s unclear, however, whether it can pass before the session ends May 8.
“We think it’s an unconstitutional overreach by the state of New York,” Jeffrey Beckham, secretary of Connecticut’s state budget office, said recently. “We think our residents should paying tax to us and they’d be paying at a lower rate.”
Indeed, the top marginal state income tax rate, as of Jan. 1, for individuals in New York is 10.90%. Connecticut’s top rate is 6.99% and New Jersey’s is 10.75%, according to the Tax Foundation.
“An awful lot of people are hurt by these laws,” said Edward Zelinsky, a Connecticut resident, tax law expert and professor at Yeshiva University’s Cardozo School of Law in New York City. “While New York and other states like to pretend that these are wealthy people, the people who are most hurt by this rule are often people of modest income, middle income, people who can’t afford lawyers.”
Zelinksy has been trying, so far without success, to challenge New York’s tax rule for about 20 years, including a pending case over the income he earned working from home while his school was closed due to COVID-19 restrictions.
A small number of states, including Arkansas, Delaware, Nebraska and Pennsylvania, have tax rules similar to New York’s. New Jersey and Pennsylvania have a reciprocal income tax agreement.
Andrew Sidamon-Eristoff, who is in the unique position of being the former New Jersey state treasurer and a former New York commissioner of taxation and finance, believes eventually the right litigant will “get it before the right court to challenge it.”
But former New Jersey state Sen. Steven Oroho, an accountant who commuted for nearly two decades into New York City and who pushed as a legislator to address the inequity, said he’s skeptical of New Jersey’s commitment to the effort, which puts the financial onus of a potentially lengthy and expensive legal challenge on the individual taxpayer.
“New York is very, very aggressive, and unfortunately, in my view,” said Oroho, “New Jersey has been extremely passive.”
8
Lower Township man accused of stabbing another man, fleeing to Mississippi
- John O'Connor
LOWER TOWNSHIP— A township man was arrested Tuesday after he allegedly stabbed another man several times at his home earlier this month before fleeing to Mississippi, the Cape May County Prosecutor's Office said.
Imani S. Goodman, 26, was charged with attempted murder, two counts of aggravated assault, possession of a weapon for an unlawful purpose and unlawful possession of a weapon.
He is being held in Mississippi awaiting extradition to Cape May County.
Police responded to a home on Oregon Avenue in the Villas section of the township April 3 in reference to a stabbing. The victim told officers he was stabbed multiple times during an argument, the Prosecutor's Office saidWednesday in a news release.
Investigators determined Goodman was the primary suspect in the stabbing and discovered he fled to Wayne County, Mississippi, to avoid apprehension. Goodman was eventually taken into custody by the Mississippi Department of Public Safety, the Prosecutor's Office said.
9
2 Egg Harbor Township men accused of running cocaine operation ordered held
- John O'Connor
Two Egg Harbor Township men accused of running a large cocaine operation out of their homes were ordered held Tuesday until trial, the Atlantic County Prosecutor's Office said.
Wilfredo Latimer, 47, and Felix Mujica, 46, are each charged with possession of a control dangerous substance, possession with intent to distribute, distribution of CDS, distributing CDS near public property, distributing CDS near a school zone, money laundering, unlawful possession of a firearm and conspiracy.
An investigation into the men began when an undercover police operative purchased five ounces of cocaine from them in Atlantic City, the Prosecutor's Office saidWednesday in a news release.
Several search warrants were executed Thursday in connection with the investigation. Mujica was found inside his home, where police recovered 101 ounces of cocaine, an AR-15 rifle with an extra 11-inch short-barrel rifle, a high-capacity 7.62x30 magazine, boxes of .556 ammunition, eight .45-caliber hollow-point rounds, clear plastic bags used in the packaging of drugs, a vacuum sealer, a digital scale and $6,000 in cash, the Prosecutor's Office said.
Latimer was found in his home, where police seized $600 in cash believed to be proceeds from illegal drug distribution and a digital scale, the Prosecutor's Office said.
Both men face up to life in prison if convicted.
The Prosecutor's Office, Egg Harbor Township police, Atlantic City police, U.S. Drug Enforcement Administration, High-Intensity Drug Trafficking Area Liberty Mid-Atlantic Task Force, and Atlantic City and County SWAT teams participated in the investigation.
10
Stockton to host 3rd annual community cleanup in Atlantic City this weekend
- Selena Vazquez
ATLANTIC CITY— Stockton University will host its third annual Community Day Clean Up and Party in the Park from 8:30 a.m. to 3 p.m. Saturday.
Volunteers will be at 10 cleanup sites across the city from 9 a.m. to noon.
Last year, more than 700 volunteers from more than 70 community groups removed more than 10 tons of trash from city streets and beaches, the university said Tuesday in a news release.
After the cleanup, there will be a party from 11 a.m. to 3 p.m. at O'Donnell Park near Stockton's City Campus with more than 35 vendors and community organizations, a DJ, live band, food trucks, outdoor games, face painting and more.
Walk-up registration to volunteer for the cleanup starts at 8:30 a.m. For more information, call 609-626-3846.
11
Express store at Hamilton Mall to close as part of bankruptcy plan
- Nicholas Huba
HAMILTON TOWNSHIP — The Express store at the Hamilton Mall is set to close as part of the clothing company's Chapter 11 bankruptcy protection plan.
In all, 95 stores around the country are set to close. Included in that list are six other New Jersey stores.
Over the past several years, the Hamilton Mall has lost several high-profile stores, including American Eagle and anchor stores Sears and JC Penney.
Express Inc. — once a trendsetter of casual office attire that has struggled to compete with the likes of Zara and H&M — filed for bankruptcy protection Monday.
The retailer based in Columbus, Ohio, and founded in 1980 also said Monday it is seeking to sell the majority of its stores.
Express, which is the parent of the Bonobos and UpWest brands, is shuttering a handful of its outlets in the process.
Closing sales at locations being shut down, which span more than 30 states and Washington, D.C., were set to begin Tuesday. Beyond these closures, Express said it expects to conduct business as usual.
Also on Monday, Express announced that it received a non-binding letter of intent from a group led by consumer brand acquisition and management firm WHP Global to potentially purchase the majority of its stores and operations. Express said it had filed for Chapter 11 protection “to facilitate the sale process."
The consortium exploring the deal also includes mall operators Simon Property Group and Brookfield Properties, Express said. WHP, Simon Property and Brookfield did not immediately respond to requests for comment Monday.
Express CEO Stewart Glendinning said WHP "has been a strong partner” of the company's since 2023 — adding the proposed transaction would give Express additional financial resources and put it in a better position to grow profitably while maximizing value for stakeholders.
Beyond its UpWest storefronts, the company operates about 530 Express retail and Express Factory Outlet stores in the United States and Puerto Rico, in addition to roughly 60 Bonobos Guideshop locations as well as online operations for these brands, according to Express’ website.
Express reported nearly $1.2 billion in total debts and $1.3 billion in total assets as of March 2 in its Chapter 11 petition, which was filed in U.S. Bankruptcy Court for the District of Delaware.
The company first started as a women's fashion purveyor and then branched out to men's wear. It offered must-have items, like denim dresses for those looking for trendy outfits in the workplace, at affordable prices.
But increasing competition from fast-fashion players like H&M, as well as the rise of Old Navy and athleisure brands like Lululemon, all hurt the brand's sales, said Neil Saunders, a managing director with research firm GlobalData. Saunders also noted that the brand was beset by quality issues, and the pandemic sped up the trend of people working from home, lessening the need for shoppers to buy work outfits.
“Everyone has been nibbling at Express from all sides, and Express doesn't have a defensible proposition," Saunders said.
Express joins a handful of retailers filing for Chapter 11 so far this year, including fabrics and craft retailerJoann.And analysts expect the pace of bankruptcy filings this year to be around the same level — close to 24 — as last year, as shoppers hobbled by high consumer debt remain cautious, according to accounting and advisory firm BDO, which tracks retail bankruptcies.
In 2022, only five retailers filed for bankruptcy protection, according to BDO. The number appeared to indicate a recovery from the pandemic-induced store closures that pushed struggling companies over the edge in 2020, when retail bankruptcies spiked to 35 from 21 the year before, BDO said.
Express said Monday that it has a commitment for $35 million in new financing, which is subject to court approval, from some existing lenders. That would add to the $49 million in cash that it obtained earlier this month from the Internal Revenue Service related to the pandemic-era CARES Act.
Express also announced a leadership update on Monday. Mark Still will become chief financial officer, effective immediately, after serving as interim CFO since November 2023, the company said.
The Associated Press contributed to this report.
12
Galloway council proposes regulations for use of municipal parks
- Vincent Jackson
GALLOWAY TOWNSHIP — The Township Council wants to establish rules, regulations and penalties for using the dog park, basketball and pickleball courts, and the Galloway Nature Preserve.
If convicted, a person violating any provision or regulation of the ordinance will need to replace, repair or restore any damaged park property. The violator also could be fined a maximum of $2,000, imprisonment of not more than 90 days and community service of not more than 90 days.
The ordinance will be considered for adoption during a public hearing at 6:30 p.m. May 14 at the Municipal Complex at 300 E. Jimmie Leeds Road.
Under the dog park regulations, aggressive dogs will not be permitted to enter the park; all dogs entering the park must be spayed or neutered; all dogs must be licensed by the township; and no more than two dogs per handler are permitted within the park at one time.
At the basketball courts, no food or glass containers will be permitted; no smoking, vaping, alcoholic beverages or drugs will be permitted; no foul language will be permitted; there is to be no littering; and adult supervision will be required for minors.
At the Nature Preserve, there will be no disruptions of trees, plants or wildlife; hunting or trapping will not be permitted; no camping or campfires will be permitted; no motorized vehicles, including but not limited to trail/dirt bikes, ATVs, boats and snowmobiles, will be permitted; and people must use the existing trails and not attempt to create their own.
At the pickleball courts, all players will have a time limit of one hour of play while other players are waiting; no roller blades, skateboards or bicycles will be permitted; and participants will be prohibited from using the courts when the courts are wet.
Township Manager Chris Johansen said the proposed new rules have already been posted at all the parks, except for the Nature Preserve, which should have new signs arriving for it in the next two weeks.
A second ordinance that was introduced and approved by the seven-member, all-Republican council Tuesday was to authorize a $2.5 million bond ordinance for capital improvements.
Road improvements will total $1.25 million and include the sealing of pavement cracks and associated repairing and/or installation of curbs, curb ramps, sidewalks, driveway aprons, resetting of utility castings and drainage grates, and associated drainage improvements; roadway painting, landscaping and other aesthetic improvements.
Public works will receive $1 million for acquisition and installation of various equipment, including a leaf turner.
Recreation improvements totaling $250,000 include playground and playground structure improvements, athletic field improvements, including ballfield dugout and basketball hoop improvements, and Nature Preserve improvements.
The intent is to pay for the bond ordinance with short-term notes and not long-term debt, Johansen said.
In other township news, council announced that singer Mara Justine, a township resident who was a finalist on “The Voice” in December, will perform for the public for free from 3 to 5 p.m. Aug. 17 at a Craft Show, Food Truck and Music Festival that has been scheduled as part of the township’s 250th anniversary celebration this year.
13
Watchdog demands fraud probe of anti-abortion centers over privacy concerns
- Dana DiFilipponewjerseymonitor.com
A watchdog group has asked the New Jersey Attorney General’s Office to investigate a Sussex County anti-abortion center for fraud, saying the center misleads patients by assuring them it complies with medical privacy laws even though it’s not subject to such laws.
Today’s Choice Women’s Center collects sensitive health information on menstrual cycles, contraceptive use, and prior pregnancies from people who visit its website or Newton office for free pregnancy tests and abortion information. Because it does not bill insurance or any other entity, though, it doesn’t have to follow the Health Insurance Portability and Accountability Act (HIPAA), a federal law mandating the confidentiality of medical records.
Yet the centerassuredvisitors to its website that it was “fully HIPAA-compliant,” a deceptive claim that could violate the state Consumer Fraud Act and warrants investigation, Campaign for Accountability Executive Director Michelle Kuppersmith wrote in a Tuesdayletterto Attorney General Matt Platkin.
The Washington, D.C.-based progressive nonprofit, which investigates misconduct and corruption in the government and private sectors, also sent letters to attorneys general in Pennsylvania, Washington, Idaho, and Minnesota about centers affiliated with Heartbeat International and Care Net, anti-abortion groups that target women searching for abortion providers in their effort to“save babies.”
Kuppersmith’s call to action comes almost a year and a half after Platkinissued a consumer alertwarning the public about places like Today’s Choice that appear to be medical facilities and offer free services to attract people facing unintended pregnancies. Instead, they’re often ministries whose mission is to discourage abortion, Platkin warned.
Kuppersmith noted Platkin has “demonstrated concern” over the deceptive practices of the 50-some such centers in New Jersey through the consumer alert and his office’s coinciding, ongoing investigation.
“CfA is raising yet another significant problem: CPCs telling consumers they are HIPAA compliant when they are not,” Kuppersmith told the New Jersey Monitor.
This claim is deceptive and creates a privacy risk that could expose patients to criminal penalties and civil lawsuits, as some states act to criminalize abortion, she noted in her letter.
The group did not outright accuse the groups of misusing patients’ health information, but expressed concern they might use it to further their anti-abortion goals and said attorneys generals should investigate how it’s used.
Confusing consumers
Today’s Choice’s executive director and services manager did not respond to the New Jersey Monitor’s requests for comment. But the center has removed the “fully HIPAA-compliant” language from its website.
Now, thelanguage on the site reads, “Today’s Choice Women’s Center will never rent, sell, or lease your confidential information.” The very next sentence backpedals: “However, legal reasons could necessitate the sharing of such information.” And a separate noticewarnsthat the center’s privacy practices could change at any time, “are voluntarily undertaken, and ARE NOT INTENDED TO CREATE ANY CONTRACTUAL OR LEGAL RIGHTS ON BEHALF OF CLIENTS.”
Tara Murtha works for the Women’s Law Project, a Pennsylvania-based public interest legal center that joined Kuppersmith’s call for an investigation.
Such inconsistent, contradictory messaging is deeply concerning, she said, consideringa 2021 studyshowed many women — especially those with low health literacy or limited knowledge about abortion —have a tough time telling the difference between the websites of abortion clinics and anti-abortion centers.
“HIPAA has become shorthand in the consumer mind for ‘my medical data is going to be protected.’ So invoking HIPAA language, when you’re not a medical facility that has to comply with HIPAA, is particularly problematic,” Murtha said. “These are the types of incoherent messages that are enough to confuse a consumer.”
That’s especially likely among younger people, she noted. Anti-abortion centers target children as young as 13 years old, she added. Teens 13 to 19 account for 8% of people who got abortions in 2021, the Pew Research Centerreportedlast month.
“How would a kid answering medical-sounding questions asked by an adult representing a place with an image of medical personnel on thehome pageknow their health data is not legally protected? Where does their data go, how long is it stored, who is it shared with, and for what purpose?” Murtha said.
Investigation ongoing
Platkin’s office is already investigating such things.
The office typically doesn’t confirm or comment on ongoing probes. But details have emerged in a federal lawsuit First Choice Women’s Resource Centers, which has five sites in New Jersey, filed in December to block a subpoena Platkin issued for their advertisem*nts, financials, privacy policies, complaints, and other records dating back to 2013, court paperwork shows.
A federal judge in January denied First Choice’s request for an injunction, directing them to state court, but the chain’s attorneys appealed Tuesday.
Inthat brief,the center’s attorneys accused Platkin of a “campaign of hostility toward faith-based pro-life pregnancy centers” that resulted in an unconstitutional, “groundless, unduly burdensome, and purposefully harassing investigation.”
Spokespeople for Platkin’s office did not respond to a request for comment.
This story first appeared on the New Jersey Monitor.
14
Vote-by-mail ballots are in the mail; here's what they look like in 'office block'
- Michelle Brunetti Post
MAYS LANDING — The new “office block” format for vote-by-mail ballots is easy to read, according to Atlantic County Clerk Joe Giralo, and going out to voters on about 20,000 vote-by-mail ballots now.
His office started sending out mail-in ballots Friday, he said, after a federal appeals court last week upheld a lower court’s ruling that barred the use of the “county line” in June’s Democratic primaries, calling it unconstitutional.
“I’m happy where we are and what we have been able to do,” Giralo said. “It’s been all hands on deck here.”
Mailing should be complete by the end of the week, he said, with towns with contested primaries getting mailed earliest.
For the first time, names of those running for office will be listed under the office sought, rather than the slogan of the group supporting particular candidates.
That means there is no more Democratic “county line,” or column of all candidates endorsed by the county committee under leading candidates for U.S. president and other higher offices.
Just being on the line was a great advantage to county and local candidates, as voters would often vote straight down the line.
“I’m happy with the way they are laid out. Some ballots are large because the Democratic County Committee is up and they are big,” Giralo said. “There is no way around it. We got basically 35 on a ballot.”
The ballots are printed on two sides of a single piece of paper, since the scanners can read both sides when counting votes, he said.
U.S. Rep. Andy Kim, D-3rd, who is running for the Democratic nod for U.S. Senate against community organizer Lawrence Hamm and labor leader and educator Patricia Campos-Medina, successfully sued to end the “county line” ballot for Democrats in this primary election.
Kim’s main opponent, New Jersey first lady Tammy Murphy, dropped out of the race last month. Kim resoundingly won the endorsem*nt of Atlantic County Democrats at their convention.
He was joined in the lawsuit by Carolyn Rush, of Sea Isle City, who is running for the Democratic nomination to challenge U.S. Rep. Jeff Van Drew, R-2nd, in November. Rush faces Galloway Township lawyer and retired cop Tim Alexander, who won the Atlantic County Democratic Convention in March; businessman Joseph F. Salerno; and Rodney A. Dean Sr.
The candidates’ ballot order was determined by a random drawing, Giralo said.
In Atlantic County, the order for the Democratic U.S. Senate race is Hamm, Kim, Campos-Medina.
Slogans over the names will make it clear which candidate was endorsed by the Atlantic County Democratic Committee.
In the Democratic House race in Atlantic County the order is Salerno, Alexander, Dean, Rush. Again, the slogan over Alexander’s name makes it clear he is endorsed by the county committee.
On the Republican side for mail-in-ballots, it’s a more mixed design. Candidates are still listed under office sought, but the candidates with the county GOP endorsem*nt get first place on the list, with others’ placement determined by random drawing if there is more than one other candidate.
In the U.S. Senate race on the GOP side, Cape May businessman Curtis Bashaw gets the first slot since he is endorsed by the Atlantic County Regular Republicans, followed by Mendham Mayor Christine Serrano Glassner, Navy veteran and Browns Mills resident Albert Harshaw, and Justin Murphy of Tabernacle.
For machine voters, however, the office block design will be used on the Democratic side, while the traditional county line is planned for Republican candidates, Giralo said.
Sample ballots are not yet available to show the machine design, but Giralo said he hopes to have those by the end of next week.
“We were trying to do all this while lawsuits were going on,” Giralo said. “That is my hope, but it may not be the reality of it.”
It will all depend on how the machines can be programmed.
Whatever happens, the county committee’s endorsed candidate will be listed first on the GOP side, he said, adding that essentially creates a “county line.”
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Atlantic City school board, superintendent decline to publicly address child abuse charges
- John O'Connor
ATLANTIC CITY — The city’s Board of Education declined to publicly address the employment status of schools Superintendent La’Quetta Small Tuesday night during its first regular meeting since she and Mayor Marty Small Sr. were charged with endangering the welfare of their teenage daughter.
“I can’t comment on it,” board President Shay Steele said before the meeting convened into executive session. “We have a job to do here, and one of the things we hold serious is talking personnel matters in public. At this time, we can’t discuss it any further.”
La’Quetta Small gave her superintendent’s report at the beginning of the meeting in front of a standing-room-only crowd of supporters and opponents but didn’t speak on the charges.
Small, who has been superintendent since October 2021, makes $210,000 a year.
The state Department of Education did not respond to a request for comment.
Mayor Small also attended the meeting and gave his wife a hug at the start of it. He declined to comment on the situation, referring all questions to his attorney, Ed Jacobs.
Despite the large crowd, only one person addressed the board during the public comment period. Steve Young of the National Action Network of South Jersey, a frequent critic of the Smalls, offered a moment of silence for fallen children in the community.
La’Quetta Small looked at Young during his remarks but said nothing.
Superintendent Small, 47, was charged April 15 with three counts of disorderly persons simple assault. Mayor Small, 50, was charged with terroristic threats, aggravated assault and disorderly persons simple assault.
Earlier this year, the couple’s teenager daughter told officials at Atlantic City High School she was being physically and mentally abused at home, according to an affidavit of probable cause.
Court documents claim during one incident, La’Quetta Small punched her daughter multiple times on her chest, leaving bruising; dragged her daughter by her hair then struck her with a belt on her shoulders, leaving marks; and punched her daughter in the mouth.
In another incident, Mayor Small allegedly hit his daughter in the head several times with a broom, causing her to lose consciousness. He is also alleged to have threatened to hurt her by “earth slamming” her down the stairs, grabbing her head and throwing her to the ground, and “smacking the weave out of her head.”
The claims set off an investigation that saw the high school principal, Constance Days-Chapman, charged March 28 with failing to report the alleged abuse.
During the meeting, the board named Secondary Education Director Donald Harris as the high school’s acting principal, replacing Days-Chapman.
According to prosecutors, a staff member informed Days-Chapman about the abuse. Days-Chapman said she would report the issue to the state Division of Child Protection and Permanency.
Days-Chapman then allegedly met with the juvenile’s parents at their home and informed them the student told staff about the abuse, according to prosecutors.
But it was later determined Days-Chapman failed to report the abuse, as required by law and school district policy, according to the Prosecutor’s Office.
Days-Chapman headed up Mayor Small’s reelection campaign in 2021, and the affidavit of probable cause against the Smalls lists her name several times.
She also is the president of the city’s Democratic Committee but was asked to take a leave absence pending the outcome of her case.
The Smalls are due in court for their first appearance May 15.
Days-Chapman is due in court May 20 for a pre-indictment conference.
Pickleball facility coming to Atlantic City outlets
- John Russo
ATLANTIC CITY— A New York-based pickleball company is bringing the sport to the resort with a facility at Tanger Outlets The Walk.
Pickleball Smash-it is set to open this spring. The 6,235-square-foot facility will be located next to Dollar Tree on Missouri Avenue, seen by traffic coming into the city from the Atlantic City Expressway.
It will boast two indoor, tournament-quality courts outfitted with luxury couches, free Wi-Fi and the ability to control music from players' phones. No membership will be required, and it will offer private group events as well as two-hour open play for $10.
“As one of three Tanger properties to welcome Pickleball Smash-it to our roster of diverse retailers, we’re excited for shoppers to have access to more entertainment options when visiting us,” said Tanger Regional Vice President, Field Marketing, Jodi Hoag. “Pickleball has quickly become a popular sport among our active Atlantic City community, and we’re confident guests will find Pickleball Smash-it’s modern facility to be the perfect place to spend time with family and friends.”
The facility also offers "Save my Play," which allows guests the ability to capture their games on video or livestream any match.
Pickleball is considered the fastest growing sport in the U.S., age-friendly and easy to learn. Two or four players hit a perforated, hollow plastic ball with paddles over a 34-inch-high net.
Vineland police sergeant accused of using position to obtain child p*rn indicted
- John O'Connor
A Vineland police sergeant who allegedly used his position to obtain child p*rnography from a case the department was investigating was indicted Wednesday, state Attorney General Matthew Platkin said.
Christopher Ortiz, 39, of Estell Manor, is charged with endangering the welfare of a child by possessing more than 100 items of child sexual exploitation/abuse material, official misconduct and tampering with records.
The indictment alleges Ortiz obtained more than a dozen items depicting child sexual exploitation associated with a case the department began investigating in March 2023 based off a tip from the Internet Crimes Against Children Task Force, Platkin said Wednesday.
Ortiz also allegedly requested 17 additional items of child sexual abuse material associated with the investigation for unauthorized use and possessed, viewed or had under his control 100 items of child p*rnography, Platkin said.
"The allegations in this indictment are deeply troubling,” Platkin said. “Any time an officer allegedly abuses his position and misappropriates evidence, it’s a dishonor to the profession and a betrayal of the community’s trust. Given the nature of the evidence involved in this case, it is particularly disturbing.”
Vineland officials confirmed Ortiz was suspended without pay after he was charged, Platkin said.
400-acre fire in Wharton State Forest 75% contained
- Nicholas Huba
New Jersey firefighters have made"substantial progress" Wednesday to contain a wildfire burning in the area of Jackson Road in Wharton State Forest, officials said.
The fire, which is burning in Waterford Township, Camden County, and Shamong Township, Burlington County, is about 400 acres and was 75% contained as of 8 p.m., according to the New Jersey Forest Fire Service.
Jackson Road, which was closed from Tremont Avenue to Atsion Road in the area of the fire, reopened at 6 p.m., officials said.
The Goshen Campground was evacuated and closed, as were the Burnt Mill, Goshen Pond and Sleeper Creek trails. Those areas remain closed, officials said.
Crews have attacked the fire from the ground and via an observation helicopter.
Another update on the fire is expected about 8 a.m. Thursday.
Staff Writer John Russo contributed to this report.
2nd annual Ocean City Pride Fest set for June 1
- John O'Connor
OCEAN CITY— We Belong Cape May County will host its second annual OC Pride Fest from 9 a.m. to 1 p.m. June 1, event organizers said Wednesday.
The festivities will begin on Sixth Street with a pride walk led by Michael Hartman, founding artistic director of the Greater Ocean City Theatre Company.
Following the parade, attendees will be treated to activities in the Civic Center on Sixth Street, including face painting, a special appearance by Miss Hammonton Pride 2023 Dallas DuBois, caricatures, a recycled jewelry bar, photography, balloon animals and queer trivia.
Local musicians Tryptophan, Viktor Palmer and Maeve Sanford will perform during the event.
More than 30 community organizations will be on hand to provide support and information, including the Atlantic County Queer Alliance, Queer Headed, Ocean City High School Prism Club, CARA, Cape Assist, Free Mom Hugs, Equality Cape May, Peyton Heart Project and Big Brothers Big Sisters.
Visitwebelongcmc.com for more information.
NJ Congressman Donald Payne Jr. dies at 65 of a heart attack
- Associated Press
TRENTON — U.S. Rep. Donald Payne Jr., a New Jersey Democrat and a member of the Congressional Black Caucus who replaced his father in the seat, died Wednesday after a heart attack this month that left him hospitalized, officials said. He was 65.
Gov. Phil Murphy called his fellow Democrat a “steadfast champion for the people of New Jersey” in a statement confirming Payne’s death.
Payne served for 12 years in the Newark-area seat his father had held for more than two decades. Representing a heavily Democratic and majority Black district, Payne drew strong marks from liberal organizations for his voting record.
“With his signature bowtie, big heart, and tenacious spirit, Donald embodied the very best of public service," Murphy said. “As a former union worker and toll collector, he deeply understood the struggles our working families face, and he fought valiantly to serve their needs, every single day.”
New Jersey's Democratic Party chair, LeRoy Jones Jr., called Payne a “towering figure in both our party and our community.”
The Congressional Black Caucus said Payne would be remembered for his kindness and generosity and called him an advocate for progressive causes including making college tuition free, expanding voting rights and fighting climate change.
Payne had previously served as City Council president in Newark, New Jersey's largest city, and on the Essex County Board of Commissioners.
Payne's office had said his heart attack was connected to complications from diabetes. Payne’s father, Donald Milford Payne, held the congressional seat before him. When the elder Payne died in 2012, the younger ran successfully in a special election to succeed him.
Payne had won reelection six times since. The district covers parts of Newark and its heavily populated suburbs.
Murphy's office declined to comment Wednesday on the governor's plans to order a special election to fill the rest of Payne's current term, which ends Jan. 3, 2025.
Payne already filed paperwork by the March deadline to run for reelection and is to appear uncontested on the June 4 primary ballot. Should he remain on the primary ballot and win the nomination, Democratic Party committee members in his district could choose a replacement candidate to run in the November general election.
The district is likely to remain in Democratic hands, with registered Democrats outnumbering Republicans there more than 6 to 1.
A New Jersey colleague, Democratic U.S. Rep. Frank Pallone, called Payne a “truly great public servant" who liked to call him “Uncle Frank" and had fought to raise awareness for diabetes and colorectal cancer prevention and to replace lead pipes in Newark.
Another colleague, Democratic U.S. Rep. Bennie Thompson, of Mississippi, called Payne a “thoughtful legislator, a dear friend, and a man of such a kind and affable nature that he was well-liked and respected" by both Democrats and Republicans.
“Most importantly, he was a devoted family man, and it was this role that drove his passion for the policies he pursued,” Thompson said.
As a member of the Committee on Homeland Security, Payne made school security a priority, helping to establish a School Safety Task Force at the Department of Homeland Security and pressing for federal agencies to take extra precautions for children and schools during emergencies, Thompson said.
“He leaves behind an important legacy through his congressional service: making children safer. In his honor, we will continue that legacy," Thompson said.
Payne's survivors include his wife, Beatrice, and their three children, Murphy said.
New Jersey is motivating telecommuters to appeal their New York tax bills. Connecticut may be next.
- SUSAN HAIGHAssociated Press
Telecommuting, a pandemic-era novelty that has become a permanent alternative for many people, has some Connecticut and New Jersey employees of New York-based companies questioning why they still have to pay personal income tax to the Empire State.
Their home states are wondering as well.
Fed up with losing out on hundreds of millions of dollars in tax revenue each year, New Jersey is now offering a state tax credit to residents who work from home and successfully appeal their New York tax assessment. Connecticut is considering a similar measure.
The Garden State’s bounty — a rebate worth roughly half a person’s refund of income taxes they paid to New York for the 2020-23 period — has been claimed so far by one winning litigant since the state made the offer in July, according to the state Division of Taxation. That taxpayer received a $7,797.02 refund for their efforts. Officials hope that person’s windfall will encourage others to follow suit.
Another New Jersey resident who is taking up the state’s offer is Open Weaver Banks, a tax attorney who prefers working from home to braving an “awful” commute into the Big Apple. She’s also filed one of a growing number of similar challenges.
“The process of doing the refund and the appeal isn’t all that intimidating to me,” said Banks, a tax partner at Hodgson Russ LLP. “I’m on New Jersey’s team here. I would like to see more residents doing this. I think they have a really fair point.”
New York requires out-of-state commuters who work for New York-based companies to pay New York income taxes, even if they’ve stopped physically going in to the office most days a week, unless they can satisfy very strict requirements for what constitutes a bona fide home office.
A home office near a specialized track to test new cars, for example, might qualify if it couldn’t be replicated in New York. But a worker with specialized scientific equipment set up in their home that could be duplicated over the border would still have to pay, according to a memorandum from the New York State Department of Taxation.
When the nature of work was upended in 2020, New York should have “softened” these requirements, Banks said. “And they didn’t. They are just standing by and fighting the claims.”
Both neighboring states have implemented “retaliatory” tax rules that affect New Yorkers who work remotely for Connecticut or New Jersey-based companies, but these workforces are far smaller and their overall tax payments don’t make up the difference.
Out-of-state taxpayers paid New York nearly $8.8 billion in 2021 in taxes, roughly 15% of the state’s total income tax revenues, according to the Citizens Budget Commission in New York. Of that, $4.3 billion came from New Jersey taxpayers and $1.5 billion from Connecticut taxpayers.
It’s unclear how much of that was earned at home. But out-of-state employees of New York-based companies who work remotely are increasingly appealing their tax bills, Amanda Hiller, the acting commissioner and general counsel for the New York Department of Taxation and Finance, told state legislators recently.
Hiller acknowledged that New York’s decades-old policy, known as a “convenience of the employer rule,” has created a financial burden for New Jersey and Connecticut, which provide tax credits to their residents for the income taxes they’ve paid New York so they are not double-taxed.
New Jersey’s Division of Taxation said the state’s long-term goal is to have New York’s rule overturned entirely, something that will likely require a taxpayer’s legal challenge to succeed before the U.S. Supreme Court. That could be a tall order: New Hampshire tried to sue Massachusetts for temporarily collecting income tax from roughly 80,000 of its residents who worked from home during the pandemic, and the Supreme Court rejected the complaint without comment.
Officials in New Jersey estimate it could reap as much as $1.2 billion annually if residents working from home for New York companies are taxed at home. Connecticut could recoup about $200 million, its officials say.
Connecticut Gov. Ned Lamont has proposed an initiative similar to New Jersey’s that needs final legislative approval. It’s unclear, however, whether it can pass before the session ends May 8.
“We think it’s an unconstitutional overreach by the state of New York,” Jeffrey Beckham, secretary of Connecticut’s state budget office, said recently. “We think our residents should paying tax to us and they’d be paying at a lower rate.”
Indeed, the top marginal state income tax rate, as of Jan. 1, for individuals in New York is 10.90%. Connecticut’s top rate is 6.99% and New Jersey’s is 10.75%, according to the Tax Foundation.
“An awful lot of people are hurt by these laws,” said Edward Zelinsky, a Connecticut resident, tax law expert and professor at Yeshiva University’s Cardozo School of Law in New York City. “While New York and other states like to pretend that these are wealthy people, the people who are most hurt by this rule are often people of modest income, middle income, people who can’t afford lawyers.”
Zelinksy has been trying, so far without success, to challenge New York’s tax rule for about 20 years, including a pending case over the income he earned working from home while his school was closed due to COVID-19 restrictions.
A small number of states, including Arkansas, Delaware, Nebraska and Pennsylvania, have tax rules similar to New York’s. New Jersey and Pennsylvania have a reciprocal income tax agreement.
Andrew Sidamon-Eristoff, who is in the unique position of being the former New Jersey state treasurer and a former New York commissioner of taxation and finance, believes eventually the right litigant will “get it before the right court to challenge it.”
But former New Jersey state Sen. Steven Oroho, an accountant who commuted for nearly two decades into New York City and who pushed as a legislator to address the inequity, said he’s skeptical of New Jersey’s commitment to the effort, which puts the financial onus of a potentially lengthy and expensive legal challenge on the individual taxpayer.
“New York is very, very aggressive, and unfortunately, in my view,” said Oroho, “New Jersey has been extremely passive.”
Lower Township man accused of stabbing another man, fleeing to Mississippi
- John O'Connor
LOWER TOWNSHIP— A township man was arrested Tuesday after he allegedly stabbed another man several times at his home earlier this month before fleeing to Mississippi, the Cape May County Prosecutor's Office said.
Imani S. Goodman, 26, was charged with attempted murder, two counts of aggravated assault, possession of a weapon for an unlawful purpose and unlawful possession of a weapon.
He is being held in Mississippi awaiting extradition to Cape May County.
Police responded to a home on Oregon Avenue in the Villas section of the township April 3 in reference to a stabbing. The victim told officers he was stabbed multiple times during an argument, the Prosecutor's Office saidWednesday in a news release.
Investigators determined Goodman was the primary suspect in the stabbing and discovered he fled to Wayne County, Mississippi, to avoid apprehension. Goodman was eventually taken into custody by the Mississippi Department of Public Safety, the Prosecutor's Office said.
2 Egg Harbor Township men accused of running cocaine operation ordered held
- John O'Connor
Two Egg Harbor Township men accused of running a large cocaine operation out of their homes were ordered held Tuesday until trial, the Atlantic County Prosecutor's Office said.
Wilfredo Latimer, 47, and Felix Mujica, 46, are each charged with possession of a control dangerous substance, possession with intent to distribute, distribution of CDS, distributing CDS near public property, distributing CDS near a school zone, money laundering, unlawful possession of a firearm and conspiracy.
An investigation into the men began when an undercover police operative purchased five ounces of cocaine from them in Atlantic City, the Prosecutor's Office saidWednesday in a news release.
Several search warrants were executed Thursday in connection with the investigation. Mujica was found inside his home, where police recovered 101 ounces of cocaine, an AR-15 rifle with an extra 11-inch short-barrel rifle, a high-capacity 7.62x30 magazine, boxes of .556 ammunition, eight .45-caliber hollow-point rounds, clear plastic bags used in the packaging of drugs, a vacuum sealer, a digital scale and $6,000 in cash, the Prosecutor's Office said.
Latimer was found in his home, where police seized $600 in cash believed to be proceeds from illegal drug distribution and a digital scale, the Prosecutor's Office said.
Both men face up to life in prison if convicted.
The Prosecutor's Office, Egg Harbor Township police, Atlantic City police, U.S. Drug Enforcement Administration, High-Intensity Drug Trafficking Area Liberty Mid-Atlantic Task Force, and Atlantic City and County SWAT teams participated in the investigation.
Stockton to host 3rd annual community cleanup in Atlantic City this weekend
- Selena Vazquez
ATLANTIC CITY— Stockton University will host its third annual Community Day Clean Up and Party in the Park from 8:30 a.m. to 3 p.m. Saturday.
Volunteers will be at 10 cleanup sites across the city from 9 a.m. to noon.
Last year, more than 700 volunteers from more than 70 community groups removed more than 10 tons of trash from city streets and beaches, the university said Tuesday in a news release.
After the cleanup, there will be a party from 11 a.m. to 3 p.m. at O'Donnell Park near Stockton's City Campus with more than 35 vendors and community organizations, a DJ, live band, food trucks, outdoor games, face painting and more.
Walk-up registration to volunteer for the cleanup starts at 8:30 a.m. For more information, call 609-626-3846.
Express store at Hamilton Mall to close as part of bankruptcy plan
- Nicholas Huba
HAMILTON TOWNSHIP — The Express store at the Hamilton Mall is set to close as part of the clothing company's Chapter 11 bankruptcy protection plan.
In all, 95 stores around the country are set to close. Included in that list are six other New Jersey stores.
Over the past several years, the Hamilton Mall has lost several high-profile stores, including American Eagle and anchor stores Sears and JC Penney.
Express Inc. — once a trendsetter of casual office attire that has struggled to compete with the likes of Zara and H&M — filed for bankruptcy protection Monday.
The retailer based in Columbus, Ohio, and founded in 1980 also said Monday it is seeking to sell the majority of its stores.
Express, which is the parent of the Bonobos and UpWest brands, is shuttering a handful of its outlets in the process.
Closing sales at locations being shut down, which span more than 30 states and Washington, D.C., were set to begin Tuesday. Beyond these closures, Express said it expects to conduct business as usual.
Also on Monday, Express announced that it received a non-binding letter of intent from a group led by consumer brand acquisition and management firm WHP Global to potentially purchase the majority of its stores and operations. Express said it had filed for Chapter 11 protection “to facilitate the sale process."
The consortium exploring the deal also includes mall operators Simon Property Group and Brookfield Properties, Express said. WHP, Simon Property and Brookfield did not immediately respond to requests for comment Monday.
Express CEO Stewart Glendinning said WHP "has been a strong partner” of the company's since 2023 — adding the proposed transaction would give Express additional financial resources and put it in a better position to grow profitably while maximizing value for stakeholders.
Beyond its UpWest storefronts, the company operates about 530 Express retail and Express Factory Outlet stores in the United States and Puerto Rico, in addition to roughly 60 Bonobos Guideshop locations as well as online operations for these brands, according to Express’ website.
Express reported nearly $1.2 billion in total debts and $1.3 billion in total assets as of March 2 in its Chapter 11 petition, which was filed in U.S. Bankruptcy Court for the District of Delaware.
The company first started as a women's fashion purveyor and then branched out to men's wear. It offered must-have items, like denim dresses for those looking for trendy outfits in the workplace, at affordable prices.
But increasing competition from fast-fashion players like H&M, as well as the rise of Old Navy and athleisure brands like Lululemon, all hurt the brand's sales, said Neil Saunders, a managing director with research firm GlobalData. Saunders also noted that the brand was beset by quality issues, and the pandemic sped up the trend of people working from home, lessening the need for shoppers to buy work outfits.
“Everyone has been nibbling at Express from all sides, and Express doesn't have a defensible proposition," Saunders said.
Express joins a handful of retailers filing for Chapter 11 so far this year, including fabrics and craft retailerJoann.And analysts expect the pace of bankruptcy filings this year to be around the same level — close to 24 — as last year, as shoppers hobbled by high consumer debt remain cautious, according to accounting and advisory firm BDO, which tracks retail bankruptcies.
In 2022, only five retailers filed for bankruptcy protection, according to BDO. The number appeared to indicate a recovery from the pandemic-induced store closures that pushed struggling companies over the edge in 2020, when retail bankruptcies spiked to 35 from 21 the year before, BDO said.
Express said Monday that it has a commitment for $35 million in new financing, which is subject to court approval, from some existing lenders. That would add to the $49 million in cash that it obtained earlier this month from the Internal Revenue Service related to the pandemic-era CARES Act.
Express also announced a leadership update on Monday. Mark Still will become chief financial officer, effective immediately, after serving as interim CFO since November 2023, the company said.
The Associated Press contributed to this report.
Galloway council proposes regulations for use of municipal parks
- Vincent Jackson
GALLOWAY TOWNSHIP — The Township Council wants to establish rules, regulations and penalties for using the dog park, basketball and pickleball courts, and the Galloway Nature Preserve.
If convicted, a person violating any provision or regulation of the ordinance will need to replace, repair or restore any damaged park property. The violator also could be fined a maximum of $2,000, imprisonment of not more than 90 days and community service of not more than 90 days.
The ordinance will be considered for adoption during a public hearing at 6:30 p.m. May 14 at the Municipal Complex at 300 E. Jimmie Leeds Road.
Under the dog park regulations, aggressive dogs will not be permitted to enter the park; all dogs entering the park must be spayed or neutered; all dogs must be licensed by the township; and no more than two dogs per handler are permitted within the park at one time.
At the basketball courts, no food or glass containers will be permitted; no smoking, vaping, alcoholic beverages or drugs will be permitted; no foul language will be permitted; there is to be no littering; and adult supervision will be required for minors.
At the Nature Preserve, there will be no disruptions of trees, plants or wildlife; hunting or trapping will not be permitted; no camping or campfires will be permitted; no motorized vehicles, including but not limited to trail/dirt bikes, ATVs, boats and snowmobiles, will be permitted; and people must use the existing trails and not attempt to create their own.
At the pickleball courts, all players will have a time limit of one hour of play while other players are waiting; no roller blades, skateboards or bicycles will be permitted; and participants will be prohibited from using the courts when the courts are wet.
Township Manager Chris Johansen said the proposed new rules have already been posted at all the parks, except for the Nature Preserve, which should have new signs arriving for it in the next two weeks.
A second ordinance that was introduced and approved by the seven-member, all-Republican council Tuesday was to authorize a $2.5 million bond ordinance for capital improvements.
Road improvements will total $1.25 million and include the sealing of pavement cracks and associated repairing and/or installation of curbs, curb ramps, sidewalks, driveway aprons, resetting of utility castings and drainage grates, and associated drainage improvements; roadway painting, landscaping and other aesthetic improvements.
Public works will receive $1 million for acquisition and installation of various equipment, including a leaf turner.
Recreation improvements totaling $250,000 include playground and playground structure improvements, athletic field improvements, including ballfield dugout and basketball hoop improvements, and Nature Preserve improvements.
The intent is to pay for the bond ordinance with short-term notes and not long-term debt, Johansen said.
In other township news, council announced that singer Mara Justine, a township resident who was a finalist on “The Voice” in December, will perform for the public for free from 3 to 5 p.m. Aug. 17 at a Craft Show, Food Truck and Music Festival that has been scheduled as part of the township’s 250th anniversary celebration this year.
Watchdog demands fraud probe of anti-abortion centers over privacy concerns
- Dana DiFilipponewjerseymonitor.com
A watchdog group has asked the New Jersey Attorney General’s Office to investigate a Sussex County anti-abortion center for fraud, saying the center misleads patients by assuring them it complies with medical privacy laws even though it’s not subject to such laws.
Today’s Choice Women’s Center collects sensitive health information on menstrual cycles, contraceptive use, and prior pregnancies from people who visit its website or Newton office for free pregnancy tests and abortion information. Because it does not bill insurance or any other entity, though, it doesn’t have to follow the Health Insurance Portability and Accountability Act (HIPAA), a federal law mandating the confidentiality of medical records.
Yet the centerassuredvisitors to its website that it was “fully HIPAA-compliant,” a deceptive claim that could violate the state Consumer Fraud Act and warrants investigation, Campaign for Accountability Executive Director Michelle Kuppersmith wrote in a Tuesdayletterto Attorney General Matt Platkin.
The Washington, D.C.-based progressive nonprofit, which investigates misconduct and corruption in the government and private sectors, also sent letters to attorneys general in Pennsylvania, Washington, Idaho, and Minnesota about centers affiliated with Heartbeat International and Care Net, anti-abortion groups that target women searching for abortion providers in their effort to“save babies.”
Kuppersmith’s call to action comes almost a year and a half after Platkinissued a consumer alertwarning the public about places like Today’s Choice that appear to be medical facilities and offer free services to attract people facing unintended pregnancies. Instead, they’re often ministries whose mission is to discourage abortion, Platkin warned.
Kuppersmith noted Platkin has “demonstrated concern” over the deceptive practices of the 50-some such centers in New Jersey through the consumer alert and his office’s coinciding, ongoing investigation.
“CfA is raising yet another significant problem: CPCs telling consumers they are HIPAA compliant when they are not,” Kuppersmith told the New Jersey Monitor.
This claim is deceptive and creates a privacy risk that could expose patients to criminal penalties and civil lawsuits, as some states act to criminalize abortion, she noted in her letter.
The group did not outright accuse the groups of misusing patients’ health information, but expressed concern they might use it to further their anti-abortion goals and said attorneys generals should investigate how it’s used.
Confusing consumers
Today’s Choice’s executive director and services manager did not respond to the New Jersey Monitor’s requests for comment. But the center has removed the “fully HIPAA-compliant” language from its website.
Now, thelanguage on the site reads, “Today’s Choice Women’s Center will never rent, sell, or lease your confidential information.” The very next sentence backpedals: “However, legal reasons could necessitate the sharing of such information.” And a separate noticewarnsthat the center’s privacy practices could change at any time, “are voluntarily undertaken, and ARE NOT INTENDED TO CREATE ANY CONTRACTUAL OR LEGAL RIGHTS ON BEHALF OF CLIENTS.”
Tara Murtha works for the Women’s Law Project, a Pennsylvania-based public interest legal center that joined Kuppersmith’s call for an investigation.
Such inconsistent, contradictory messaging is deeply concerning, she said, consideringa 2021 studyshowed many women — especially those with low health literacy or limited knowledge about abortion —have a tough time telling the difference between the websites of abortion clinics and anti-abortion centers.
“HIPAA has become shorthand in the consumer mind for ‘my medical data is going to be protected.’ So invoking HIPAA language, when you’re not a medical facility that has to comply with HIPAA, is particularly problematic,” Murtha said. “These are the types of incoherent messages that are enough to confuse a consumer.”
That’s especially likely among younger people, she noted. Anti-abortion centers target children as young as 13 years old, she added. Teens 13 to 19 account for 8% of people who got abortions in 2021, the Pew Research Centerreportedlast month.
“How would a kid answering medical-sounding questions asked by an adult representing a place with an image of medical personnel on thehome pageknow their health data is not legally protected? Where does their data go, how long is it stored, who is it shared with, and for what purpose?” Murtha said.
Investigation ongoing
Platkin’s office is already investigating such things.
The office typically doesn’t confirm or comment on ongoing probes. But details have emerged in a federal lawsuit First Choice Women’s Resource Centers, which has five sites in New Jersey, filed in December to block a subpoena Platkin issued for their advertisem*nts, financials, privacy policies, complaints, and other records dating back to 2013, court paperwork shows.
A federal judge in January denied First Choice’s request for an injunction, directing them to state court, but the chain’s attorneys appealed Tuesday.
Inthat brief,the center’s attorneys accused Platkin of a “campaign of hostility toward faith-based pro-life pregnancy centers” that resulted in an unconstitutional, “groundless, unduly burdensome, and purposefully harassing investigation.”
Spokespeople for Platkin’s office did not respond to a request for comment.
This story first appeared on the New Jersey Monitor.
Vote-by-mail ballots are in the mail; here's what they look like in 'office block'
- Michelle Brunetti Post
MAYS LANDING — The new “office block” format for vote-by-mail ballots is easy to read, according to Atlantic County Clerk Joe Giralo, and going out to voters on about 20,000 vote-by-mail ballots now.
His office started sending out mail-in ballots Friday, he said, after a federal appeals court last week upheld a lower court’s ruling that barred the use of the “county line” in June’s Democratic primaries, calling it unconstitutional.
“I’m happy where we are and what we have been able to do,” Giralo said. “It’s been all hands on deck here.”
Mailing should be complete by the end of the week, he said, with towns with contested primaries getting mailed earliest.
For the first time, names of those running for office will be listed under the office sought, rather than the slogan of the group supporting particular candidates.
That means there is no more Democratic “county line,” or column of all candidates endorsed by the county committee under leading candidates for U.S. president and other higher offices.
Just being on the line was a great advantage to county and local candidates, as voters would often vote straight down the line.
“I’m happy with the way they are laid out. Some ballots are large because the Democratic County Committee is up and they are big,” Giralo said. “There is no way around it. We got basically 35 on a ballot.”
The ballots are printed on two sides of a single piece of paper, since the scanners can read both sides when counting votes, he said.
U.S. Rep. Andy Kim, D-3rd, who is running for the Democratic nod for U.S. Senate against community organizer Lawrence Hamm and labor leader and educator Patricia Campos-Medina, successfully sued to end the “county line” ballot for Democrats in this primary election.
Kim’s main opponent, New Jersey first lady Tammy Murphy, dropped out of the race last month. Kim resoundingly won the endorsem*nt of Atlantic County Democrats at their convention.
He was joined in the lawsuit by Carolyn Rush, of Sea Isle City, who is running for the Democratic nomination to challenge U.S. Rep. Jeff Van Drew, R-2nd, in November. Rush faces Galloway Township lawyer and retired cop Tim Alexander, who won the Atlantic County Democratic Convention in March; businessman Joseph F. Salerno; and Rodney A. Dean Sr.
The candidates’ ballot order was determined by a random drawing, Giralo said.
In Atlantic County, the order for the Democratic U.S. Senate race is Hamm, Kim, Campos-Medina.
Slogans over the names will make it clear which candidate was endorsed by the Atlantic County Democratic Committee.
In the Democratic House race in Atlantic County the order is Salerno, Alexander, Dean, Rush. Again, the slogan over Alexander’s name makes it clear he is endorsed by the county committee.
On the Republican side for mail-in-ballots, it’s a more mixed design. Candidates are still listed under office sought, but the candidates with the county GOP endorsem*nt get first place on the list, with others’ placement determined by random drawing if there is more than one other candidate.
In the U.S. Senate race on the GOP side, Cape May businessman Curtis Bashaw gets the first slot since he is endorsed by the Atlantic County Regular Republicans, followed by Mendham Mayor Christine Serrano Glassner, Navy veteran and Browns Mills resident Albert Harshaw, and Justin Murphy of Tabernacle.
For machine voters, however, the office block design will be used on the Democratic side, while the traditional county line is planned for Republican candidates, Giralo said.
Sample ballots are not yet available to show the machine design, but Giralo said he hopes to have those by the end of next week.
“We were trying to do all this while lawsuits were going on,” Giralo said. “That is my hope, but it may not be the reality of it.”
It will all depend on how the machines can be programmed.
Whatever happens, the county committee’s endorsed candidate will be listed first on the GOP side, he said, adding that essentially creates a “county line.”
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