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Businesses The Courts

Tesla Drops Lawsuit Against Alameda County Over Freemont Factory Reopening (techcrunch.com) 80

Tesla has officially dismissed a lawsuit filed earlier this month against Alameda County that sought to force the reopening of its factory in Fremont, Calif. TechCrunch reports: The dismissal, which was granted Wednesday, closes the loop on a battle between Tesla CEO Elon Musk and county health and law enforcement officials. The lawsuit, filed May 9 hours after Musk threatened to sue and move operations out of state, sought injunctive and declaratory relief against Alameda County. The lawsuit was filed after Tesla's plans to resume production at the Fremont factory were thwarted by the county's decision to extend a stay-at-home order issued to curb the spread of COVID-19, the disease caused by coronavirus. The lawsuit has been dismissed at Tesla's request (PDF), and comes a week after Alameda County signaled that it wasn't going to try to stop the company from re-opening its Fremont factory despite their prolonged shelter-in-place order.
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Tesla Drops Lawsuit Against Alameda County Over Freemont Factory Reopening

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  • by Kevoco ( 64263 ) on Thursday May 21, 2020 @09:05PM (#60088808)

    that second e was required

    • by lgw ( 121541 )

      Having lived there, Fremont city government was bad but not crazy bad. When they went broke and couldn't keep the streetlights on or fix potholes, they actually (eventually) started laying people off (e.g., combining police dispatch with neighboring cities, which they needed to do anyway), until they had the budget to be a functional local government again. Not brilliant, but not terrible either.

      Alameda county government was just a mess though. Nothing good to say about them.

  • Cowards (Score:5, Insightful)

    by The Rizz ( 1319 ) on Thursday May 21, 2020 @09:25PM (#60088854)

    Once again proving that if you're rich enough, the government will roll over and let you do anything you want, regardless of what the law says.

    • The way I read the local coverage was Tesla would have re-opened anyway without Elon Musk grandstanding for mainstream media attention by being a prick on Twitter and wasting the courts time by filing a lawsuit he never intended to pursue.
      • Re:Cowards (Score:5, Informative)

        by The Rizz ( 1319 ) on Thursday May 21, 2020 @09:43PM (#60088896)

        Last sentence in the article: "Alameda County signaled that it wasn't going to try to stop the company from re-opening its Fremont factory despite their prolonged shelter-in-place order." ...so the shelter-in-place order was still standing, but they weren't going to enforce it on Tesla or its employees.

        The only reason they dropped the lawsuit was because the county threw in the towel and told them to do whatever they want.

        • Re: (Score:2, Informative)

          by rtb61 ( 674572 )

          Elon Musk can offer all employees a TB inoculation https://nypost.com/2020/03/30/... [nypost.com]. Australia death tool from corona around 100 compare that to the USA tens of thousands (huge difference per capita deaths) and the only real difference, back when I was in primary school everyone got a TB and Tetanus inoculation in primary school.

          If you have not had a TB inoculation don't wait, go out and get one as soon as possible, it wont hurt and all indication are it can save your life, the per capita death rates indi

          • Great if true, but the article doesn't mention any evidence for this yet, just an argument from inference. If it does work, that is fantastic, and not just because I had a TB vaccine before traveling to India and southeast Asia some years back (newer versions of vaccine confer immunity for some 20 years).

          • Australia had better and earlier lockdowns than the US. That has more to do with it than TB vaccines or proximity to kangaroos.

          • ...the only real difference, back when I was in primary school everyone got a TB and Tetanus inoculation in primary school.

            This doesn't even fit the, "causation does not equal causation" trope. This is just wild, unsubstantiated speculation.

        • Re:Cowards (Score:5, Informative)

          by Local ID10T ( 790134 ) <ID10T.L.USER@gmail.com> on Friday May 22, 2020 @12:50AM (#60089222) Homepage

          Last sentence in the article: "Alameda County signaled that it wasn't going to try to stop the company from re-opening its Fremont factory despite their prolonged shelter-in-place order." ...so the shelter-in-place order was still standing, but they weren't going to enforce it on Tesla or its employees.

          The only reason they dropped the lawsuit was because the county threw in the towel and told them to do whatever they want.

          Alameda was in the process of issuing variances to companies that had filed plans for opening while protecting employees. Tesla's variance would have been issued officially about a week later... but Musk was unwilling to wait in line with everyone else.

          The whole thing was a dick-waving exercise. "Look at me! I'm special!" I guess it is an example of the "no such thing as bad publicity" meme -people are talking abut Tesla.

          • by AmiMoJo ( 196126 )

            Musk is an objectivist, a follower of the ideas of Ayn Rand. He believes that because he is an entrepreneur he is special and the rules that apply to others should not apply to him. Taking your business elsewhere because you don't get on with the local government is a classic Randian fantasy.

          • That may be the case, but the result was a factory that opened a week earlier, quite critical when all your competitors in other states are already operating.

          • The whole thing was a dick-waving exercise. "Look at me! I'm special!"

            When you actually are*Condolences??

          • i mean Musk won, so i guess that means he is special
      • by Rei ( 128717 )

        That was the fourth date dangled in front of Tesla for reopening. There had already been three other dates previously; Alameda kept extending their order and prohibiting Tesla from reopening at each of the past ones.

        Regardless, both sides are playing nice now. Alameda did have a lot of pressure on them - I don't think they cared about pressure from the feds, but both Newsom and the city of Fremont had been pressuring them to reopen the factory. They decided to classify the rampup of the factory as "minimum

        • by q_e_t ( 5104099 )

          That was the fourth date dangled in front of Tesla for reopening. There had already been three other dates previously; Alameda kept extending their order and prohibiting Tesla from reopening at each of the past ones.

          But Tesla is special and shouldn't have to wait like everyone else when local government puts in place measures for public safety?

          • by Rei ( 128717 )

            Yeah, even though all other auto plants had already reopened or gotten a reopening date, Tesla's 5,3 million square foot / half square kilometre factory (in a county without a high infection rate) should have stayed shut against the will of the city and the state, while important essential businesses like dealing pot, housekeeping, selling cans of paint, grooming dogs, etc continued to operate. (/snark)

            • by q_e_t ( 5104099 )
              There are other auto plants in Fremont?
              • by Rei ( 128717 )

                In the US, of course.

                Are you trying to imply that, say, Michigan had a lower infection rate than Alameda?

                • by q_e_t ( 5104099 )
                  No, I am suggesting that the restrictions are different and a plant should abide by the restrictions where it is based not ones it would like to be in place. So that other auto factories may be open is not that relevant if they are not in the same area as the Tesla one, else you end up with localities not being able to set their own policies based on democratic mandate if it ends up being a race to the bottom based on which locality with a similar factory has the least restrictions.
                  • by Rei ( 128717 )

                    else you end up with localities not being able to set their own policies based on democratic mandate

                    The democratically elected city, state, and federal government officials supported opening it. An unelected county official opposed it.

          • But Tesla is special and shouldn't have to wait like everyone else when local government puts in place measures for public safety?

            The thing is that Tesla is car company.

            In most countries (and certainly here around in CH) during the shutdown, services which are deemed essentials were kept: This included communication and information of the public (and thus all radio, newspapers, and also delivery like post office even *increased* work force), health (only the non-urgent porcedure at the hospital got rescheduled), obtaining food (not only the grocery shops remained open, but home delivery even *increased* workforce) office equipment tha

      • I'm pretty sure the reason he didn't follow through with the lawsuit is because there was no longer a need. It stated the county wasn't going to try to stop the company from re-opening after all.

        But on the note with the wasting of courts time, I'm not sure I 100% agree that's a big issue here. I guess what I mean is, it's the only proper course of action when there is a disagreement like this. I say that without considering the current pandemic situation. It's well above my pay-grade to have much of an

    • Re:Cowards (Score:5, Insightful)

      by Synonymous Cowered ( 6159202 ) on Thursday May 21, 2020 @09:41PM (#60088886)

      Not really. They were already on their way to getting the plant opened anyway on about the same timeline. So the only thing he really accomplished was burning some goodwill with the city for any future issues or negotiations that come up.

      • by Akardam ( 186995 )

        I'm pretty sure the city where the plant is located, has little to no control over the county order that is the point of contention.

      • California municipalities are already hostile to business, and this shows no signs of changing. Here's a clip from the Joe Rogan show with Jonathan Ward, a carmaker, on Californiaâ(TM)s horrible business environment [youtube.com]. It's an eye-popping testimony from someone in the front lines who has to deal with this every day. "No oneâ(TM)s self accountable but everyoneâ(TM)s liable." Brilliant statement.
        • With the largest GDP in the country, and the largest GDP per capita of consequence after New York, California is quite obviously a success story for industry. One wonders why businesses obviously continue to subject themselves to such abject torture.
          • I can tell you didn't even watch the clip.

            It is precisely the success California has had in the past that has made their Democrat rulers (CA is a one-party system like so many others) so arrogant. They think they're top dog and nothing can touch them. That's the thing about ruining a country - it takes a long, long time. There's a lot of ruin in a country. Look at how long it took Venezuela to fall, and they've still got a long way to go before they hit bottom.

            • by q_e_t ( 5104099 )
              If it was being ruined you wouldn't expect continued and sustained increases in GDP and business output. CA is managing both of those.
              • When I visited California, the impression I got was that it is basically one long coastal slum. It certainly isn't the kind of place I would like to live.
                • I certainly agree that it isn't the kind of place I want to live, but "one long coastal slum"? What the hell parts did you visit? I have no doubt slum areas exist, but I spent 2 weeks in CA last year and didn't see one area that I would describe that way. We flew into Sacramento, hit a bunch of places north toward the Oregon border, across to Crescent City, down the San Francisco, then hit several areas in San Francisco and San Jose. The worst I saw was what I'd say was maybe bland suburban areas...packed a

              • This is what I call "spreadsheet economics." If GDP is growing, then everything must be OK. Never mind the huge gap between rich and poor, the laws that prevent affordable housing being built, the voter fraud problems, the one party political system like China has, the tent cities, the literal piles of shit on the streets...nope not a problem as long as that magic number is going up. In the rest of America, people are shocked by shit on the streets, but in California you don't bat an eye because it's so com
                • by q_e_t ( 5104099 )
                  GP talked of GDP. I noted it's not going down.
                • Never mind the huge gap between rich and poor

                  That's an America problem, not a CA problem. However, since you brought it up- California has a fantastic median income.

                  the laws that prevent affordable housing being built

                  That's more of a municipal problem- and one in almost all large cities with large demand for occupancy.

                  the voter fraud problems

                  Care to elaborate? In terms of actual instances of voter fraud, CA isn't a large blip on the radar.

                  the one party political system like China has

                  Now you're just being a dumbshit. Do I really need to google a CA electoral district map for you?

                  the tent cities

                  Literally a problem in ever big city with a large homeless population.
                  I've personally been t

            • Forgive me if I didn't put much weight in the ramblings of a Californian business owner bitching about California's policy toward business.
              He could move to Oklahoma and see if anyone there could afford to buy what he makes.
              Again, CA's output is growing. Perhaps sucking the cocks of the business owners isn't the way toward better sustainable growth.
              • Dude! What's with the homophobia? Chill the fuck out! Don't you have laws against hate speech like that in California? Obey your own laws! Try saying that in public instead of on the internet, coward.
                • How is that homophobia? Are you trying to imply that the state of CA is represented as a male in my conjecture?
                  I think you're saying more about your internal bias than mine.
        • California municipalities are already hostile to business, and this shows no signs of changing. Here's a clip from the Joe Rogan show with Jonathan Ward, a carmaker, on Californiaâ(TM)s horrible business environment [youtube.com]. It's an eye-popping testimony from someone in the front lines who has to deal with this every day. "No oneâ(TM)s self accountable but everyoneâ(TM)s liable." Brilliant statement.

          "No one is self accountable but everyone is liable."

          For slashcode? OR will this meme become a new slogan for the new and fantastic re-engineered coming Tesla Second Wave? Coming soon out of production lines of Tesla in SoCal? If the workers are smart they will be wearing masks and Elon will have decent sanitation and distancing practices applied to his production lines if not then we will see what happens in the next few weeks if the story is not buried with all the other spikes happening where people do no

      • They were already on their way to getting the plant opened anyway on about the same timeline.

        False. The plant opened earlier as a result. The whole dickwaving contest started due to delays in getting the plant reopened.

      • >"They were already on their way to getting the plant opened anyway on about the same timeline."

        So you think. They opened at least a week earlier. That is a lot. And how do you know they wouldn't have "extended" this "shutdown" order even longer. Many States and cities/counties have already been doing so. Promising an opening date, then chickening out at the last moment. For all we know, it could have been several more weeks.

        >"So the only thing he really accomplished was burning some goodwill wi

    • The reason is that the rich have to ability to take anybody to court and the court will uphold the law - that is their duty. I don't really see anything wrong with that, apart from the fact that ordinary minions should really be able to go to court also, but that is a different matter.
    • Fremont always told them they could open on May 18th. The lawsuit was always sound and fury that would amount to nothing.

    • Once again proving that if you're rich enough, the government will roll over and let you do anything you want, regardless of what the law says.

      Not really.

      If by "the law" you mean Gov. Newsom's executive order, and the 14th Amendment to the Constitution, and the California Constitution, it is Alameda County that is flouting the law.

      If by "the law" you mean the criminal penalties threatened by Alameda County (which has no legal authority to impose such penalties), it is Musk that is flouting the law.

  • Correct spelling right there in the summary. Just sayin'...

  • by Tough Love ( 215404 ) on Friday May 22, 2020 @01:18AM (#60089268)

    Annoying abuse of terminology. Courts dismiss. Plaintiff withdraws.

    • by ebvwfbw ( 864834 )

      Annoying abuse of terminology. Courts dismiss. Plaintiff withdraws.

      This is Elon Musk we're talking about... He doesn't withdraw LOL.

  • Bashing California and threatening to leave for Texas or Oklahoma was brilliant way to get republicans to ditch their gas guzzlers and buy EVs and stick it to the libs!. Also getting Californian developers/engineers/scientists to move to Texas or Oklahoma to make them more progressive and blue is another brilliant move.

    Have you seen the amount of groveling OK and TX are doing to get Elon to move there? Frankly its embarrassing - total Beta moves by two states that claim to be super Trumpian.

    I was going to

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