ReportWire

Tag: Manhattan

  • An appeals court upholds a ruling that an online archive’s book sharing violated copyright law

    An appeals court upholds a ruling that an online archive’s book sharing violated copyright law

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    NEW YORK (AP) — An appeals court has upheld an earlier finding that the online Internet Archive violated copyright law by scanning and sharing digital books without the publishers’ permission.

    Four major publishers — Hachette Book Group, HarperCollins Publishers, John Wiley & Sons and Penguin Random House — had sued the Archive in 2020, alleging that it had illegally offered free copies of more than 100 books, including fiction by Toni Morrison and J.D. Salinger. The Archive had countered that it was protected by fair use law.

    In 2023, a judge for the U.S. District Court in Manhattan decided in the publishers’ favor and granted them a permanent injunction. On Wednesday, the U.S. Court of Appeals for the Second Circuit concurred, asking the question: Was the Internet Archive’s lending program, a “National Emergency Library” launched early in the pandemic, an example of fair use?

    “Applying the relevant provisions of the Copyright Act as well as binding Supreme Court and Second Circuit precedent, we conclude the answer is no,” the appeals court ruled.

    In a statement Wednesday, the president and CEO of the Association of American Publishers, Maria Pallante, called the decision a victory for the publishing community.

    “Today’s appellate decision upholds the rights of authors and publishers to license and be compensated for their books and other creative works and reminds us in no uncertain terms that infringement is both costly and antithetical to the public interest,” Pallante said.

    The Archive’s director of library services, Chris Freeland, called the ruling a disappointment.

    “We are reviewing the court’s opinion and will continue to defend the rights of libraries to own, lend, and preserve books,” he said in a statement.

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  • Donald Trump’s youngest son has enrolled at New York University

    Donald Trump’s youngest son has enrolled at New York University

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    NEW YORK (AP) — Former President Donald Trump’s youngest son, Barron Trump, began his freshman year of college this week at New York University, his father said Wednesday.

    Trump revealed the decision in a video interview with the Daily Mail, confirming months of rumors that his son would attend the university’s Stern School of Business, which ranks among the nation’s top business schools.

    “He’s a very high aptitude child, but he’s no longer a child,” Trump said. “He’s just passed into something beyond child-dom. He’s doing great.”

    Barron Trump, 18, graduated in May from Oxbridge Academy, an exclusive private school near his father’s Mar-a-Lago home in Florida. As a freshman at NYU, he will attend classes a few miles away from his childhood home in Trump Tower, where his father retains a residence.

    It wasn’t immediately clear if he would live on campus or at home. A spokesperson for NYU did not respond to an emailed inquiry about the enrollment.

    The Stern campus is located in a bustling area of downtown Manhattan, across the street from the famed Washington Square Park. The business school’s plaza was briefly occupied last spring by pro-Palestinian protesters before police came in and made arrests. Facing the possibility of renewed protests, the university has implemented additional security measures for the start of the fall semester.

    Three of Trump’s four children — Ivanka Trump, Tiffany Trump, and Donald Trump Jr. — graduated from the University of Pennsylvania, which the former president also attended. Trump, who attended the university’s Wharton business school, said his youngest son considered the program but decided against it.

    “I went to Wharton, and that was certainly one that we were considering. We didn’t do that,” Trump told the Daily Mail. “We went to Stern.”

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  • Federal judge rejects Trump’s request to intervene in “hush money” case

    Federal judge rejects Trump’s request to intervene in “hush money” case

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    A federal judge on Tuesday swiftly rejected former President Donald Trump’s request to intervene in his New York hush money criminal case, spurning the former president’s attempt at an end-run around the state court where he was convicted and is set to be sentenced in two weeks.

    U.S. District Judge Alvin Hellerstein’s ruling — just hours after Trump’s lawyers asked him to weigh the move — upends the Republican presidential nominee’s plan to move the case to federal court so that he could seek to have his conviction overturned in the wake of the U.S. Supreme Court’s presidential immunity ruling.

    Hellerstein, echoing his denial of Trump’s pretrial bid to move the case, said the defense failed to meet the high burden of proof for changing jurisdiction and that Trump’s conviction for falsifying business records involved his personal life, not official actions that the Supreme Court ruled are immune from prosecution.

    In a four-page ruling, Hellerstein wrote that nothing about the high court’s July 1 ruling affected his previous conclusion that hush money payments at issue in Trump’s case “were private, unofficial acts, outside the bounds of executive authority.”

    Trump’s lawyers first asked the federal court to intervene last week, but their paperwork was kicked back because they hadn’t gotten the required clearance from Hellerstein to file it. Hours after they submitted papers Tuesday requesting Hellerstein’s permission to proceed, he issued his ruling denying it.

    Before dissecting Trump’s immunity claims, Hellerstein dispatched quickly of the defense’s oft-repeated claims that trial judge Juan M. Merchan had treated Trump unfairly — subjecting him to a gag order and refusing to delay the trial until after the Supreme Court ruled — because Merchan’s daughter is a Democratic political consultant.

    Hellerstein sidestepped a defense complaint that Trump’s state court trial had been plagued by “bias, conflicts of interest, and appearances of impropriety,” writing that he “does not have jurisdiction to hear Mr. Trump’s arguments concerning the propriety of the New York trial.”

    A Trump campaign spokesperson suggested he would seek to appeal Tuesday’s ruling. Trump and his lawyers “will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all,” spokesperson Steven Cheung said in a statement.

    The Manhattan district attorney’s office, which prosecuted Trump’s case, declined comment. Earlier Tuesday, the office sent a letter to Merchan objecting to Trump’s effort to delay post-trial decisions in the case while he was seeking to have the U.S. District Court in Manhattan step in.

    Merchan is expected to rule soon on two key defense requests: Trump’s call for the judge to delay his Sept. 18 sentencing until after the November election, and his request that the judge overturn his conviction and dismiss the case in the wake of the Supreme Court’s ruling.

    Merchan has said he will rule Sept. 16 on Trump’s motion to overturn the verdict. His decision on delaying sentencing has been expected in the coming days.

    Trump was convicted in May of 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to porn actor Stormy Daniels, whose affair allegations threatened to disrupt his 2016 presidential run. Trump has denied her claim and said he did nothing wrong. His lawyers contend the case was tainted by violations of Trump’s constitutional rights and that the verdict is vitiated by the Supreme Court’s immunity ruling.

    Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation or a fine.

    Trump’s lawyers contend that sentencing Trump as scheduled, just two days after Merchan’s expected immunity decision, wouldn’t give him enough time to weigh next steps, including a possible appeal, if the judge rules to uphold the verdict.

    They also argued a Sept. 18 sentencing, about seven weeks before Election Day, would be election interference. In a court filing last week, they raised the specter that Trump could be sent to jail just as early voting is getting underway.

    Prosecutors have not staked a position on whether to delay sentencing, deferring to Merchan on an “appropriate post-trial schedule.” In their letter Tuesday, they said they were open to a schedule that allows “adequate time” to adjudicate Trump’s motion to overturn the verdict while also sentencing him “without unreasonable delay.”

    Merchan last month rejected Trump’s latest request that he step aside from the case, saying Trump’s demand was a rehash “rife with inaccuracies and unsubstantiated claims” about his ability to remain impartial. A state appeals court recently upheld the gag order.

    “It would be highly improper for this Court to evaluate the issues of bias, unfairness or error in the state trial,” Hellerstein wrote. “Those are issues for the state appellate courts.”

    Instead, he noted, Trump can pursue a state appeal or seek review from the U.S. Supreme Court, whose immunity ruling reins in prosecutions of ex-presidents for official acts and restricts prosecutors in pointing to official acts as evidence that a president’s unofficial actions were illegal.

    Trump’s lawyers have argued that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision, and that prosecutors erred by showing jurors evidence that should not have been allowed under the ruling, such as former White House staffers describing how Trump reacted to news coverage of the hush money deal and tweets he sent while president in 2018.

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  • Trump moves to halt hush money proceedings, sentencing after asking federal court to step in

    Trump moves to halt hush money proceedings, sentencing after asking federal court to step in

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    Former President Donald Trump‘s lawyers moved Friday to halt proceedings in his New York hush money criminal case and postpone next month’s sentencing indefinitely while he attempts to have a federal court intervene and potentially overturn his felony conviction.

    In a letter to the judge presiding over the case in state court, Trump’s lawyers asked that he hold off on a decision, slated for Sept. 16, on Trump’s request to overturn the verdict and dismiss the indictment in the wake of the U.S. Supreme Court’s recent presidential immunity ruling.

    They also urged the trial judge, Juan M. Merchan, to postpone Trump’s Sept. 18 sentencing indefinitely.

    Trump’s lawyers filed paperwork late Thursday asking the U.S. District Court in Manhattan to seize the case from the state court where it was tried. The federal court kicked back that request on Friday on technical grounds, but Trump’s lawyers will have a chance to resubmit it.

    Trump’s lawyers said delaying the proceedings is the “only appropriate course” as they seek to have the federal court rectify a verdict they say was tainted by violations of the Republican presidential nominee’s constitutional rights and the Supreme Court’s ruling that gives ex-presidents broad protections from prosecution.

    If the case is moved to federal court, Trump’s lawyers said they will then seek to have the verdict overturned and the case dismissed on immunity grounds. They previously asked Merchan to delay Trump’s sentencing until after the November election. He hadn’t ruled on that request as of Friday.

    “There is no good reason to sentence President Trump prior to November 5, 2024, if there is to be a sentencing at all, or to drive the post-trial proceedings forward on a needlessly accelerated timeline,” Trump’s lawyers Todd Blanche and Emil Bove wrote.

    The letter, dated Thursday, was not added to the docket in Trump’s state court case until Friday.

    Merchan did not immediately respond. The Manhattan district attorney’s office, which prosecuted Trump’s case, declined to comment. The office objected to Trump’s previous effort to move the case out of state court last year and has fought his attempt to get the case dismissed on immunity grounds.

    Trump was convicted in May of 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to porn actor Stormy Daniels, whose affair allegations threatened to disrupt his 2016 presidential run. Trump has denied her claim and said he did nothing wrong.

    Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation or a fine.

    The Supreme Court’s July 1 ruling reins in prosecutions of ex-presidents for official acts and restricts prosecutors in pointing to official acts as evidence that a president’s unofficial actions were illegal.

    Trump’s lawyers have argued that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision, and that prosecutors erred by showing jurors evidence that should not have been allowed under the ruling, such as former White House staffers describing how he reacted to news coverage of the hush money deal and tweets he sent while president in 2018.

    Trump’s lawyers had previously invoked presidential immunity in a failed bid last year to get the hush money case moved from state court to federal court.

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    Michael R. Sisak

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  • Future of sports streaming market, consumer options under further scrutiny after Venu Sports ruling

    Future of sports streaming market, consumer options under further scrutiny after Venu Sports ruling

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    With the U.S. Open tennis tournament beginning Monday and college football kicking into high gear, this was supposed to be the week when some expected the Venu Sports streaming service to have a soft launch at least.

    Instead, the joint venture between ESPN, Fox, and Warner Bros. Discovery has been sidelined by a federal court’s preliminary injunction, and its future is very much up in the air.

    The Aug. 16 ruling by United States District Judge Margaret M. Garnett that Fubo was likely to be successful in proving that the joint venture would violate antitrust laws put the brakes on what was an ambitious timeline to get Venu Sports up and running. ESPN, Fox, Warner Bros. Discovery and Hulu announced their plans to offer a sports streaming service on Feb. 6. They immediately got questions from competitors and sports leagues on how it would work.

    Irwin Kishner, co-chair of the Sports Law Group with New York law firm Herrick, said getting the service up and running in less than seven months would be a tall order.

    “You can certainly put a deadline to try to get things going. But, I think that was somewhat aspirational as opposed to likely,” Kishner said.

    Garnett has scheduled a pretrial conference for Sept. 12. According to a memo Garnett sent to both parties on Monday, if the case goes to trial, the earliest it would begin is late February.

    Kishner said he wasn’t surprised about the ruling given the Biden Administration’s priority on antitrust matters.

    “Having three of the biggest providers of sports content in one equity, you can certainly make a colorful argument that might thwart competition,” Kishner said.

    Venu Sports would include offerings from 14 linear networks — ESPN, ESPN2, ESPNU, SEC Network, ACC Network, ESPNEWS, ABC, FOX, FS1, FS2, Big Ten Network, TNT, TBS, truTV — as well as ESPN+.

    Before the case goes to trial, though, streaming companies and cable and satellite providers hope the ruling will advance discussions regarding how media companies sell their content. Will it continue to be bundling — where if a consumer wants to get ESPN, they often have to subscribe to a package that includes Disney Channel, Freeform, FX and National Geographic — or will there eventually be a day when a viewer can subscribe to ESPN only?

    DirecTV chief content officer Rob Thun said in a letter to subscribers last week that collaboration between programmers and distributors will be necessary to reverse the tide of cord cutting.

    “We agree with Venu’s shrouded market-sizing estimates that were unearthed during the trial that recognize an ‘ocean of opportunity’ to offer consumers skinnier packages. However, we disagree with Venu’s anti-competitive strategy and believe that TV distributors should have the same flexibility to thrive alongside (direct-to-consumer) services by offering genre-based packages that extend beyond sports to include locals, entertainment, news, family, movies, and others,” Thun wrote.

    It is debatable whether bundling or a la carte offerings offer the greatest savings. For example, Venu Sports announced on Aug. 1 that it would be available for $42.99 per month. The lowest-priced tiers of Paramount+ and Peacock would be a combined $14 per month.

    Recent spats between cable companies and networks over distribution agreements have also centered recently on companies trying to get the networks to include direct-to-consumer offerings in the agreements.

    In last year’s agreement between Charter Communications and Walt Disney Company, Disney included the Disney+ Basic ad-supported offering, ESPN+ and ESPN’s future direct-to-consumer service to customers of certain Spectrum TV packages.

    Anthony Palomba, a professor of business administration at the University of Virginia’s Darden School of Business, noted that networks are competing not only against themselves but also with other streaming companies, TikTok, YouTube and Twitch for attention, especially among younger consumers.

    “The problem with the media industry is that, with more competition, there may be a drive to push down prices … but because these firms are competing with user-generated content firms, this creates a really difficult dynamic for them to navigate,” Palomba said. “How do you create further competition against these firms? By spending more? Getting more celebrities? People continue to be drawn to user-generated content regardless of these tactics. Until this issue is resolved, I believe you’ll see further attempts at consolidation and bundling across the media and entertainment sectors.”

    The Fubo/Venu case is one of many high-profile court proceedings involving major media deals.

    Warner Bros. Discovery has sued the NBA for not accepting its matching offer for one of the packages in the league’s upcoming 11-year media rights deal. The league filed a motion in New York state court in Manhattan last week to have the case dismissed.

    Attorneys representing “NFL Sunday Ticket” subscribers are expected to appeal to the U.S. 9th Circuit Court of Appeals a judge’s decision to overturn a jury’s $4.7 billion verdict in the class-action lawsuit against the NFL. It will be the second time since the case started in 2015 that it has gone to the 9th Circuit.

    Diamond Sports — which owns 18 networks under the Bally Sports banner — has been in Chapter 11 bankruptcy proceedings in the Southern District of Texas since it filed for protection in March 2023. Diamond, though, is inching closer to having its financial affairs in order, including finalizing deals to continue carrying games for 22 NBA and NHL teams.

    ___

    AP sports: https://apnews.com/sports

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  • Leonard Riggio, who forged a bookselling empire at Barnes & Noble, dead at 83

    Leonard Riggio, who forged a bookselling empire at Barnes & Noble, dead at 83

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    NEW YORK (AP) — Leonard Riggio, a brash, self-styled underdog who transformed the publishing industry by building Barnes & Noble into the country’s most powerful bookseller before his company was overtaken by the rise of Amazon.com, has died at age 83.

    Riggio died Tuesday “following a valiant battle with Alzheimer’s disease,” according to a statement issued by his family. He had stepped down as chairman in 2019 after the chain was sold to the hedge fund Elliott Advisors.

    “His leadership spanned decades, during which he not only grew the company but also nurtured a culture of innovation and a love for reading,” reads a statement from Barnes & Noble.

    Riggio’s near-half-century reign began in 1971 when he used a $1.2 million loan to purchase Barnes & Noble’s name and the flagship store on lower Fifth Avenue in Manhattan. He acquired hundreds of new stores over the next 20 years and, in the 1990s, launched what became a nationwide empire of “superstores” that combined a chain’s discount prices and massive capacity with the cozy appeal of couches, reading chairs and cafes.

    “Our bookstores were designed to be welcoming as opposed to intimidating,” Riggio told The New York Times in 2016. “These weren’t elitist places. You could go in, get a cup of coffee, sit down and read a book for as long as you like, use the restroom. These were innovations that we had that no one thought was possible.”

    He grew up working class in New York City, liked to say he preferred socializing with childhood pals over fellow business leaders and was informal enough among associates to be known as “Lenny.” But in his time no one in the book world was more feared. With the power to make any given book a bestseller, or a flop, to alter the market on an idle whim, Riggio could terrify publishers simply by suggesting prices were too high or that he might sign up such top sellers as Stephen King and John Grisham and publish them himself. He even tried to buy the country’s biggest book wholesaler, Ingram, in 1999, but backed off after facing government resistance.

    By the end of the 1990s, an estimated one of every eight books sold in the U.S. were purchased through the chain, where front table displays were so valuable that publishers paid thousands of dollars to have their books included. Thousands of independent sellers went out of business even as Riggio insisted that he was expanding the market by opening up in neighborhoods without an existing store. Instead, independent owners spoke of being overwhelmed by competition from both Barnes & Noble and Borders Book Group, the rival chains sometimes setting up stores in close proximity to each other and to the locally owned business.

    Barnes & Noble became so identified as an overdog that one of the 1990s’ most popular romantic comedies, “You’ve Got Mail,” starred Tom Hanks as an executive for the “Fox Books” chain and Meg Ryan as the owner of an endangered independent store in Manhattan.

    “We are going to seduce them with our square footage, and our discounts, and our deep arm chairs, and our cappuccino,” Hanks’ character confidently declares. “They’re going to hate us at the beginning, but we’ll get ’em in the end.”

    Acrimony from independent booksellers

    For a time, it seemed industry conversation was an ongoing response to Barnes & Noble. Publishers were known to change the cover or title of a book simply because a Barnes & Noble official had objected. “Angela’s Ashes” author Frank McCourt found himself condemned by the American Booksellers Association, the trade organization for independents, after agreeing to appear in a Barnes & Noble commercial. On the floor of the industry’s annual national trade show, long hosted by the ABA, independent store employees would hiss at attendees wearing Barnes & Noble badges.

    When novelist Russell Banks, addressing Barnes & Noble’s annual shareholder meeting in 1995, declared that he was both a stock holder and a happy B&N customer, some independent sellers stopped offering his books.

    “You must know that I’ll never read, buy or sell another word you write,” Richard Howorth, owner of Square Books in Oxford, Mississippi, wrote to him. “These are the kindest things I can think of to say to you.”

    Tensions led to legal action when the ABA — on the eve of the 1994 convention — announced it was suing Barnes & Noble and five leading publishers for unfair trade practices. Some of the publishers were so angered they boycotted the gathering the following year and only returned after the ABA sold the show to Reed Exhibitions. In 1998, the ABA sued Barnes & Noble and Borders for unfair business practices (both cases were settled out of court).

    The internet shifts bookselling

    Riggio began the 2000s at the height of power, with more than 700 superstores and hundreds of others outlets. But internet commerce was growing quickly and Barnes & Noble, with its roots in physical retail, lacked the imagination and flexibility of the startup from Seattle that called itself “Earth’s Biggest Bookstore,” Amazon.com. The online giant launched in 1995 by Jeff Bezos gained business throughout the 2000s and by the early 2010s had displaced Barnes & Noble through such innovations as the Kindle e-book reader and the Amazon Prime subscription service.

    Bezos would liken himself to David taking down Goliath, although the contrast between the leaders also had the feel of an Aesop’s fable: The muscular, mustachioed Riggio, a boxer’s son, upended by the quick and clever Bezos.

    “We’re great booksellers; we know how to do that,’’ Riggio acknowledged to the Times in 2016. “We weren’t constituted to be a technology company.”

    Barnes & Noble started its own online site in the late 1990s, but such initiatives as the Nook e-book reader and a self-publishing platform failed to stop Amazon. Not even the collapse of Borders after the 2008-2009 economic crisis mattered for Barnes & Noble, which after decades of expansion closed more than 100 stores between 2009 and 2019.

    An unlikely ally of independent booksellers

    By the time of Riggio’s retirement, independent sellers regarded the chain not as a threat, but as an ally in the fight against Amazon to keep physical stores alive. At the 2018 booksellers convention, Riggio and ABA CEO Oren Teicher, once enemies in business and in court, praised each other during a joint appearance.

    “My standing here, doing what I’m about to do (introduce Riggio) would have been impossible to imagine several years ago,” Teicher said at the time. “The simple fact is that our business is stronger and American readers benefit when there is a vibrant and healthy network of brick-and-mortar bookshops all across the country.”

    During the 2010s, Barnes & Noble seemed unleadable and unwanted. The board announced in 2010 that the company was for sale, but no one offered to buy it. Four CEOs left in five years and Barnes & Noble’s stock dropped 60% between 2015 and 2018. New rumors of a sale lasted for months before Elliott Advisors, which had previously purchased the British chain Waterstones, bought Barnes & Noble for $638 million and hired Waterstones chief executive James Daunt to lead B&N.

    “I don’t miss being a business person, I had enough of that. But I do miss the bookselling part, helping to find books to recommend to customers,” Riggio told Publishers Weekly in 2021.

    Riggio’s roots and early bookselling ventures

    Bookselling and family often overlapped for Riggio. His brother Steve Riggio served for years as vice chairman of Barnes & Noble and another brother, Vincent “Jimi” Riggio, helped run a trucking company that shipped the store’s books. After being interviewed in 1974 by the trade publication College Store Executive, Leonard Riggio met for coffee with the editor, Louise Gebbia, who seven years later became his second wife (Riggio had three children, two with his first wife, one with his second).

    Leonard S. Riggio was the eldest son of a prize fighter (who twice defeated Rocky Graziano) turned cab driver and a dress maker. Even in childhood, he advanced quickly, skipping two grades and attending one of the city’s top high schools, Brooklyn Tech. He studied metallurgical engineering at New York University’s night school before focusing on commerce, and by day absorbed the bookselling world and the rising cultural rebellion of the 1960s.

    Working as a floor manager at the campus book store, he learned enough to drop out of school and start a rival shop in 1965 — SBX (Student Book Exchange), where he allowed student activists to use the copying machine to print copies of anti-war leaflets. SBX was so successful he bought several other campus stores and was in position by 1971 to buy Barnes & Noble and its single Manhattan store. A few years later, he became the rare bookseller to run television commercials, with the catchphrase “Barnes & Noble! Of Course! Of Course!”

    Riggio and the independent community may have seemed to hold opposing values, but they shared a love of reading and the arts and a liberal political outlook. He was a generous philanthropist and a prominent supporter of Democratic politicians. He was even friendly with the consumer activist and presidential candidate Ralph Nader, who featured Riggio, Ted Turner and Yoko Ono among others in his 2009 novel “Only the Super-Rich Can Save Us!”, in which Nader imagines a progressive revolution from above.

    “Ever since he was a boy from Brooklyn, he’d had a visceral reaction to the way workings stiffs and the poor were treated on a day-to-day basis,” Nader wrote of Riggio, who did at times stand apart from his management peers. When some 200 business leaders were questioned by Fortune magazine in the 1990s about their political ideas, only Riggio supported the raising of worker pay.

    “Money can become a burden, like something you carry on your shoulders,” he told New York magazine in 1999. “My nature is to be a ball-buster, but my role is to help people.”

    ___

    This story has been updated to correct the names of Riggio’s second wife and one of his brothers. They are Louise Gebbia, not Louise Altavilla, and Vincent “Jimi,” not Thomas.

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  • Leonard Riggio, builder of Barnes & Noble empire, dies at 83

    Leonard Riggio, builder of Barnes & Noble empire, dies at 83

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    Barnes & Noble buys Colorado bookstore chain Tattered Cover


    Barnes & Noble buys Colorado bookstore chain Tattered Cover

    00:29

    Leonard Riggio, a brash, self-styled underdog who transformed the publishing industry by building Barnes & Noble into the country’s most powerful bookseller before his company was overtaken by the rise of Amazon.com, has died at age 83.

    Riggio died Tuesday “following a valiant battle with Alzheimer’s disease,” according to a statement issued by his family. He had stepped down as chairman in 2019 after the chain was sold to the hedge fund Elliott Advisors.

    “His leadership spanned decades, during which he not only grew the company but also nurtured a culture of innovation and a love for reading,” reads a statement from Barnes & Noble.

    Riggio’s near-half century reign began in 1971 when he used a $1.2 million loan to purchase Barnes & Noble’s name and the flagship store on lower Fifth Avenue in Manhattan. He acquired hundreds of new stores over the next 20 years and, in the 1990s, launched what became a nationwide empire of “superstores” that combined a chain’s discount prices and massive capacity with the cozy appeal of couches, reading chairs and cafes.

    “These weren’t elitist places”

    “Our bookstores were designed to be welcoming as opposed to intimidating,” Riggio told The New York Times in 2016. “These weren’t elitist places. You could go in, get a cup of coffee, sit down and read a book for as long as you like, use the restroom. These were innovations that we had that no one thought was possible.”

    He grew up working class in New York City, liked to say he preferred socializing with childhood pals over fellow business leaders and was informal enough among associates to be known as “Lenny.” But in his time no one in the book world was more feared. 

    With the power to make any given book a best seller, or a flop, to alter the market on an idle whim, Riggio could terrify publishers simply by suggesting prices were too high or that he might sign up such top sellers as Stephen King and John Grisham and publish them himself. He even tried to buy the country’s biggest book wholesaler, Ingram, in 1999, but backed off after facing government resistance.

    By the end of the 1990s, an estimated one of every eight books sold in the U.S. were purchased through the chain, where front table displays were so valuable that publishers paid thousands of dollars to have their books included. Thousands of independent sellers went out of business even as Riggio insisted that he was expanding the market by opening up in neighborhoods without an existing store. 

    Instead, independent owners spoke of being overwhelmed by competition from both Barnes & Noble and Borders Book Group, the rival chains sometimes setting up stores in close proximity to each other and to the locally owned business.

    Impact on indie bookstores

    Barnes & Noble became so identified as an overdog that one of the 1990s’ most popular romantic comedies, “You’ve Got Mail,” starred Tom Hanks as an executive for the “Fox Books” chain and Meg Ryan as the owner of an endangered independent store in Manhattan.

    “We are going to seduce them with our square footage, and our discounts, and our deep arm chairs, and our cappuccino,” Hanks’ character confidently declares. “They’re going to hate us at the beginning, but we’ll get ’em in the end.”

    For a time, it seemed industry conversation was an ongoing response to Barnes & Noble. Publishers were known to change the cover or title of a book simply because a Barnes & Noble official had objected. “Angela’s Ashes” author Frank McCourt found himself condemned by the American Booksellers Association, the trade organization for independents, after agreeing to appear in a Barnes & Noble commercial. On the floor of the industry’s annual national trade show, long hosted by the ABA, independent store employees would hiss at attendees wearing Barnes & Noble badges.

    When novelist Russell Banks, addressing Barnes & Noble’s annual shareholder meeting in 1995, declared that he was both a stock holder and a happy B&N customer, some independent sellers stopped offering his books.

    “You must know that I’ll never read, buy or sell another word you write,” Richard Howorth, owner of Square Books in Oxford, Mississippi, wrote to him. “These are the kindest things I can think of to say to you.”

    Tensions led to legal action when the ABA — on the eve of the 1994 convention — announced it was suing Barnes & Noble and five leading publishers for unfair trade practices. Some of the publishers were so angered they boycotted the gathering the following year and only returned after the ABA sold the show to Reed Exhibitions. In 1998, the ABA sued Barnes & Noble and Borders for unfair business practices (both cases were settled out of court).

    Amazon effect

    Riggio began the 2000s at the height of power, with more than 700 superstores and hundreds of others outlets. But internet commerce was growing quickly and Barnes & Noble, with its roots in physical retail, lacked the imagination and flexibility of the startup from Seattle that called itself “Earth’s Biggest Bookstore,” Amazon.com. 

    The online giant launched in 1995 by Jeff Bezos gained business throughout the 2000s and by the early 2010s had displaced Barnes & Noble through such innovations as the Kindle e-book reader and the Amazon Prime subscription service.

    Bezos would liken himself to David taking down Goliath, although the contrast between the leaders also had the feel of an Aesop’s fable: The muscular, mustachioed Riggio, a boxer’s son, upended by the quick and clever Bezos.

    “We’re great booksellers; we know how to do that,” Riggio acknowledged to the Times in 2016. “We weren’t constituted to be a technology company.”

    Barnes & Noble started its own online site in the late 1990s, but such initiatives as the Nook e-book reader and a self-publishing platform failed to stop Amazon. Not even the collapse of Borders after the 2008-2009 economic crisis mattered for Barnes & Noble, which after decades of expansion closed more than 100 stores between 2009 and 2019.

    By the time of Riggio’s retirement, independent sellers regarded the chain not as a threat, but as an ally in the fight against Amazon to keep physical stores alive. At the 2018 booksellers convention, Riggio and ABA CEO Oren Teicher, once enemies in business and in court, praised each other during a joint appearance.

    “My standing here, doing what I’m about to do (introduce Riggio) would have been impossible to imagine several years ago,” Teicher said at the time. “The simple fact is that our business is stronger and American readers benefit when there is a vibrant and healthy network of brick-and-mortar bookshops all across the country.”

    Turning the page

    During the 2010s, Barnes & Noble seemed unleadable and unwanted. The board announced in 2010 that the company was for sale, but no one offered to buy it. Four CEOs left in five years and Barnes & Noble’s stock dropped 60% between 2015 and 2018. New rumors of a sale lasted for months before Elliott Advisors, which had previously purchased the British chain Waterstones, bought Barnes & Noble for $638 million and hired Waterstones chief executive James Daunt to lead B&N.

    “I don’t miss being a business person, I had enough of that. But I do miss the bookselling part, helping to find books to recommend to customers,” Riggio told Publishers Weekly in 2021.

    Bookselling and family often overlapped for Riggio. His brother Steve Riggio served for years as vice chairman of Barnes & Noble and another brother, Thomas Riggio, helped run a trucking company that shipped the store’s books. After being interviewed in 1974 by the trade publication College Store Executive, Leonard Riggio met for coffee with the editor, Louise Altavilla, who seven years later became his second wife (Riggio had three children, two with his first wife, one with his second).

    Leonard S. Riggio was the eldest son of a prizefighter (who twice defeated Rocky Graziano) turned cab driver and a dress maker. Even in childhood, he advanced quickly, skipping two grades and attending one of the city’s top high schools, Brooklyn Tech. He studied metallurgical engineering at New York University’s night school before focusing on commerce, and by day absorbed the bookselling world and the rising cultural rebellion of the 1960s.

    Working as a floor manager at the campus bookstore, he learned enough to drop out of school and start a rival shop in 1965 — SBX (Student Book Exchange), where he allowed student activists to use the copying machine to print copies of anti-war leaflets. SBX was so successful he bought several other campus stores and was in position by 1971 to buy Barnes & Noble and its single Manhattan store. A few years later, he became the rare bookseller to run television commercials, with the catchphrase “Barnes & Noble! Of Course! Of Course!”


    Barnes & Noble opens a new chapter in old bank building

    00:30

    Riggio and the independent community may have seemed to hold opposing values, but they shared a love of reading and the arts and a liberal political outlook. He was a generous philanthropist and a prominent supporter of Democratic politicians. He was even friendly with the consumer activist and presidential candidate Ralph Nader, who featured Riggio, Ted Turner and Yoko Ono among others in his 2009 novel “Only the Super-Rich Can Save Us!”, in which Nader imagines a progressive revolution from above.

    “Ever since he was a boy from Brooklyn, he’d had a visceral reaction to the way workings stiffs and the poor were treated on a day-to-day basis,” Nader wrote of Riggio, who did at times stand apart from his management peers. When some 200 business leaders were questioned by Fortune magazine in the 1990s about their political ideas, only Riggio supported the raising of worker pay.

    “Money can become a burden, like something you carry on your shoulders,” he told New York magazine in 1999. “My nature is to be a ball-buster, but my role is to help people.”

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  • Disney hosts school supply giveaway in Chelsea

    Disney hosts school supply giveaway in Chelsea

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    CHELSEA, Manhattan (WABC) — The clock is ticking down to the first day of school – and the Disney VoluntEARS helped one organization get kids ready for the big day.

    Hudson Guild hosted the back-to-school bash at its main campus on West 26th Street in Chelsea.

    The VoluntEARS gave away supplies gathered by Disney employees, including right here at Channel 7.

    There were book bags, notebooks, and a variety of writing tools. All of the items came in countless colors to make sure the kids were happy with the takeaways. There were also activities just for fun, including a bounce house and face painting.

    Disney is the parent company of WABC-TV.

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  • Flames shoot up in the air near Pier 83 in Hell’s Kitchen

    Flames shoot up in the air near Pier 83 in Hell’s Kitchen

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    HELL’S KITCHEN, Manhattan (WABC) — Flames shot up more than 20 feet into the air in Hell’s Kitchen.

    Firefighters were called to the fire on W. 44th Street near 11th and 12th Avenues near Pier 83 on Saturday just after 4 p.m.

    There is no word yet on what caused the fire.

    The fire was extinguished and no injuries were reported.

    ALSO READ | From Tel Aviv to New York City, NYPD confronts threat of drone attacks

    Josh Einiger reports on a detective who is the eyes and ears of the NYPD in Israel.

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    Copyright © 2024 WABC-TV. All Rights Reserved.

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  • Can Le Veau d’Or Suspend Time? A Reincarnation in Review

    Can Le Veau d’Or Suspend Time? A Reincarnation in Review

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    Le Veau d’Or is back. Gentl + Hyer

    Anthony Bourdain once called Le Veau d’Or, New York’s longest-running French bistro, “a restaurant that time forgot.” The restaurant arrived on the Upper East Side in 1937, from the same family behind Benoit Paris. It quickly became a New York society favorite and A-list haunt—Orson Welles preferred the corner booth by the bar, while Audrey Hepburn and former presidents’ names and numbers were frequently penned in the reservation book. For decades, bon vivants folded themselves into red banquets and drifted, for the night, to a bygone era. 

    While time may have forgotten—and incidentally, institutionalized—Le Veau d’Or, Frenchette’s Riad Nasr and Lee Hanson did not. Beginning in 2012, they periodically rang owner Catherine Tréboux (whose father, Robert Tréboux, ran the restaurant from 1985 until his death in 2012) for seven years, resolute in their efforts to purchase, renovate and reopen the iconic restaurant. In 2019, Tréboux finally conceded and closed the restaurant to solidify the sale. 

    While Nasr and Hanson hoped to restore the tired kitchen, worn floors and other aging details of the historic bistro and open within a year, the coronavirus pandemic stymied their efforts, and Le Veau ended up under construction for another five years. 

    The same, but different. Erica Chayes Wida

    On July 16, 2024—12 years after Nasr and Hanson first began their mission to take over Le Veau d’Or—“The Golden Calf” finally reopened its doors.

    I entered the back-streets-of-Paris-sized bistro between Lexington and Park for the first 5 p.m. seating on a steamy Tuesday evening, two weeks after the reopening. I held the door for a younger couple in baggy denim, half-buttoned dress shirts and glasses as we made our way through the rouge velvet curtain. Joe Cocker’s saturated howl crackled over the speakers as the soles of my sandals tapped against the replicated red-checked linoleum. Petite floral arrangements in white and blush porcelain calves perched on each table (I spotted one gold outlier in the farthest corner of the snug space), and the original handwritten dinner menu, tattered under conservation glass above my table, included dishes like Filet de sole Grenobloise for $2.50. 

    An original menu hangs on the wall. Erica Chayes Wida

    The Art Deco light fixtures, red vinyl booths and pint-sized bar; the faded oil painting of the iconic sleeping calf; the large mirror etched with the wine regions of France: everything was an echo of the past. The art display thinned out in this incarnation to allow the inlaid wood walls, one of the only salvageable components of the original build, to exhale warmth into the room. Many pieces, including the faux French street sign and a collection of black and white photos, had been there since the Benoits started Le Veau. 

    The coat closet was filled in under the stairs, and Tréboux’s upstairs office was transformed into a private dining room, but everything else looked the same, just refreshed and restored.

    Within the hour, the cozy, U-shaped restaurant was packed. A group of women caught up quietly in the corner while friends in their 70s and 80s greeted fellow patrons as if they’d all been coming there every Tuesday for the past forty years. A couple arrived so elegantly dressed that it seemed athleisure never made its way north of 60th Street, as a man with a beard that screamed Brooklyn hipster ordered round after round for his table. By dessert, many patrons roared with glee, bumping into familiar faces from one table to the next.

    I was seated at the center of the U-shaped restaurant, along the wall, which contained enough space for just two tables. The four-top had one outward-facing booth with no chairs, urging parties of two to sink into their courses—and one another—with an intimacy Parisians know best. For $125, the three-course menu delivered by chefs Jeff Teller and Charles Izenstein had plenty of options: 16 appetizers (a few vegetarian), nine entrees (fish and meat), a salad for the table and seven desserts, including a cheese plate, Les Fromages Assortis. There were familiar dishes for the decades-long regulars, as well as some Frenchette-esque takes. 

    Pommes Soufflées Caviar Rouge à la Crème. Erica Chayes Wida

    As many New Yorkers know, fine dining establishments with a who’s who reputation can sometimes take themselves a bit too seriously. Le Veau, refreshingly, does not. Remaining true to its history, dishes were inked on the menu in blue and red French without descriptions. The ebullient server, clad in a dusky pink chore coat, relished the opportunity to elaborate on any ingredient or cooking technique I requested. She remained as attentive in the mellower moments as she did with the bustling 7 p.m. crowd, and swept over at the same time as the maître d’ (Tréboux’s son) to pull the table out from its tight position when it was time for me to exit.

    I began with a dry, deep white; one of two light colors available by the glass. To start, one classic was a must: the Pâté en Croûte. Guinea hen and duck provided a nutty, not overpowering profile balanced by the creamy, albeit gelatinous, aspic. A thin forkful of crust grounded each bite. The Pommes Soufflées Caviar Rouge à la Crème was presented a stack of airy potato vessels and a silver bowl of crème fraîche and trout roe. With each constructive crunch, I could hear the clap of inner satisfaction from some friturier who mastered the art of agitating oil. I made a mental note for a future reorder.

    The Duck Magret aux Cerises, an entrée reviewed during Tréboux’s reign, was tender in a sharp vinegar sauce. Tart cherries touched by heat oozed a subtle sweetness that encouraged the crisp peppered skin to enliven a good cut of duck without much fuss. The summery Sea Scallop Rosace Sauce Vièrge was a wonderful addition to enduring selections such as Les Délices “Veau d’Or” Sauce Moutarde, Gigôt of Lamb and Onglet Frites. Thinly sliced, flame-kissed scallops on a bed of bright, briny vegetables spoke for themselves without the amplification of superfluous butter or spice.

    Duck Magret aux Cerises. Erica Chayes Wida

    For dessert, I relished an Île Flottante so light it would’ve floated off the gingham tablecloth, if not tethered to teardrop almond slivers and crème anglaise. Of all the dishes, my favorite— possibly informed by the oppressive 90-degree heat on this New York City summer night—was the Soupe de Melon. Orbs of watermelon, honeydew and cantaloupe floated like Monet’s Water Lilies amidst sorbet, blancmange and mint in a chilled melon soup. Following the precursor courses, it was an ethereal composition that was, if I may, la fin parfaite.

    Did Nasr and Hanson call upon the culinary gods or Golden Calf herself to insist time forget, once again, this little Upper East Side bistro? Perhaps. But between the hum of patrons hugging from table to table and the balance of established, thoughtful French fare, I don’t think Le Veau d’Or will be seeing la fin anytime soon.

    Can Le Veau d’Or Suspend Time? A Reincarnation in Review

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    Erica Chayes Wida

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  • Warner Bros. Discovery sues NBA for not accepting its matching offer

    Warner Bros. Discovery sues NBA for not accepting its matching offer

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    Warner Bros. Discovery has sued the NBA after the league did not accept the company’s matching offer for one of the packages in its upcoming 11-year media rights deal.

    The lawsuit was filed on Friday in New York state court in Manhattan.

    WBD, the parent company of TNT Sports, is seeking a judgement that it matched Amazon Prime Video’s offer and an order seeking to delay the new media rights deal from taking effect beginning with the 2025-26 season.

    The NBA signed its deals with Disney, NBCUniversal and Amazon Prime Video on Wednesday after saying it was not accepting Warner Bros. Discovery’s $1.8 billion per year offer. The deals will bring the league around $76 billion over 11 years.

    “Given the NBA’s unjustified rejection of our matching of a third-party offer, we have taken legal action to enforce our rights,” TNT Sports said in a statement. “We strongly believe this is not just our contractual right, but also in the best interest of fans who want to keep watching our industry-leading NBA content with the choice and flexibility we offer them through our widely distributed WBD video-first distribution platforms – including TNT and Max.”

    NBA spokesman Mike Bass said in a statement that “Warner Bros. Discovery’s claims are without merit and our lawyers will address them.”

    WBD says in the lawsuit that “TBS properly matched the Amazon Offer by agreeing to telecast the games on both TNT and Max. The Amazon Offer provides for Cable Rights, including TNT Rights, because the offer is for games that TBS currently has the right to distribute on TNT via Non-Broadcast Television, which includes both cable and Internet distribution.”

    WBD also claims under its contract it “has the right to ‘Match a Third Party Offer that provides for the exercise of (NBA games) via any form of combined audio and video distribution.’”

    The lawsuit is another chapter in a deteriorating relationship between the league and Turner Sports that has gone on nearly 40 years. Turner has had an NBA package since 1984 and games have been on TNT since the network launched in 1988.

    TNT’s iconic “Inside the NBA” show has won numerous Sports Emmy Awards and has been a model for studio shows.

    However, the relationship started to become strained when Warner Bros. Discovery CEO David Zaslav said during an RBC Investor Conference in November 2022 that Turner and WBD “don’t have to have the NBA.”

    Warner Bros. Discovery and the league were unable to reach a deal during the exclusive negotiating period, which expired in April. Zaslav and TNT Sports Chairman/CEO Luis Silberwasser said throughout the process, though, that it intended to match one of the deals.

    WBD had five days to match a part of those deals after the NBA’s Board of Governors approved the rights deals on July 17.

    WBD received all of the contracts the next day and informed the league on Monday that it was matching Amazon Prime Videos offer.

    The NBA announced on Wednesday that it was not considered a true match.

    “Throughout these negotiations, our primary objective has been to maximize the reach and accessibility of our games for our fans,” the league said when it did not accept the WBD deal. “Our new arrangement with Amazon supports this goal by complementing the broadcast, cable and streaming packages that are already part of our new Disney and NBCUniversal arrangements. All three partners have also committed substantial resources to promote the league and enhance the fan experience.”

    ___

    AP NBA: https://apnews.com/hub/nba

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  • New York City turns to AI-powered scanners in push to keep guns out of the subway system

    New York City turns to AI-powered scanners in push to keep guns out of the subway system

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    NEW YORK (AP) — New York City is turning to AI-powered scanners in a new bid to keep guns out of its subway system, but the pilot program launched Friday is already being met with skepticism from riders and the threat of a lawsuit from civil liberties advocates who say the searches are unconstitutional.

    The Evolv scanner — a sleek-looking weapons detector using artificial intelligence to search riders for guns and knives — was on display at a lower Manhattan subway station where Mayor Eric Adams announced the 30-day trial.

    “This is good technology,” Adams said at Fulton Center near the World Trade Center.

    “Would I rather that we don’t have to be scanned? Yes,” he added. “But if you would speak to the average subway rider, they would state that they don’t want guns on their subway system, and if it means using scanners, then bring the scanners on.”

    Adams, a self-described “tech geek,” has stressed that the scanners are still in the experimental phase. The machines, already in use at baseball stadiums and other venues, will be deployed to a small number of stations and only a fraction of riders will be asked to step through them. The city has not entered into a contract with Evolv, and Adams said other companies were welcomed to pitch their own gun-detection innovations.

    The scanners, about 6 feet (1.8 meters) tall, feature the logo of the city’s police department and a multicolor light display. When a weapon is detected, an alert is sent to a tablet monitored by a pair of NYPD officers. The system is not supposed to alert everyday items, such as phones and laptops — though a reporter’s iPad case set it off Friday.

    The scanners drew immediate protest from civil liberties advocates. The New York Civil Liberties Union and the Legal Aid Society said they would sue the city if the technology is rolled out widely, alleging the searches violated the constitutional rights of riders.

    “City officials have admitted that these scanners are primarily to combat some riders’ ‘perceptions’ that they are unsafe on the subway — this is not a justifiable basis to violate the Constitution,” said NYCLU attorney Daniel Lambright.

    The scanners also spurred concerns from riders who said it isn’t practical or plausible to subject millions of commuters to security screenings.

    “It’s not going to work,” said Dre Thomas, 25, shaking his head at the device. “It’d have to be at every point in the subway. I don’t see how that’s possible. It seems to me like another way to waste taxpayer money.”

    Wyatt Hotis, 29, said he thought the scanners were a good idea but “not the root of the issue” when people getting pushed onto the tracks were a bigger safety concern. Hotis instead suggested adding guardrails and barriers to the platforms, along with more officers to patrol them.

    Margaret Bortner, among the first riders to go through the scanner, described the 30-second process as painless — but didn’t see the need to have them at every station.

    “There are more important things officers should be doing,” she said.

    Though there have been high-profile incidents, like a 2022 shooting on a Brooklyn train that left 10 people wounded, crime in the New York City subway system has fallen in recent years. Overall, violent crime in the system is rare, with train cars and stations being generally as safe as any other public place.

    So far this year, subway crime is down 8% through July 21 compared with the same period in 2023, according to police data. Last year, there were five killings in the subway, down from 10 the year prior, according to police.

    Adams has long discussed the possibility of adding weapons detectors to the subway system. He suggested this week that “eventually, every turnstile is going to be able to identify if someone is carrying a gun,” but doing so could require the city to deploy thousands of police officers to respond to gun alerts.

    Experts have also expressed doubts about the feasibility of adding the technology to the city’s sprawling subway system, which includes 472 stations with multiple ways in and out. Fulton Center, the subway hub where the mayor spoke, illustrates the challenges of deploying the detectors in a system designed to be as accessible as possible.

    There are multiple entrances spread out over several blocks, with dozens of turnstiles used by as many as 300,000 riders a day. During rush hour, they are often sprinting to catch a train. Anyone who wanted to bring a gun in without passing through a scanner could simply walk to another entrance or a nearby station.

    The CEO of Evolv, Peter George, has himself acknowledged that subways are “not a great use-case” for the scanners, according to the Daily News.

    Evolv has said that its scanning system uses artificial intelligence to screen up to 3,600 people per hour, quickly detecting the “signatures” of guns, knives and explosives while not alerting cell phones and other metal devices.

    The company has faced a spate of lawsuits in recent years, along with federal probes into its marketing practices. Evolv told investors last year that it was contacted by the Federal Trade Commission and in February said it had been contacted by the U.S. Securities and Exchange Commission as part of a “fact finding inquiry.”

    Earlier this year, investors filed a class-action lawsuit, accusing company executives of overstating the devices’ capabilities and claiming that “Evolv does not reliably detect knives or guns.” The company has claimed that it is being targeted by a misinformation campaign by those “incentivized to discredit the company.”

    New York City has experimented with a variety of security measures to ensure the protection of its vast subway system. In 2005, the NYPD ran a pilot project aimed at examining the feasibility of using explosive detection technology in the subways.

    Then, the department began doing random searches of people’s bags as they entered the subway system. That effort was also rolled out with much fanfare, but such bag checks — while not completely abandoned — are rare today.

    __

    Associated Press reporter Karen Matthews contributed to this report.

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  • Strike! Midtown building cleaners go on strike to protest wage cuts, insurance cancelations

    Strike! Midtown building cleaners go on strike to protest wage cuts, insurance cancelations

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    Hundreds of 32BJ SEIU union members rallied on Wednesday, June 26, 2024, in support of workers who lost their jobs and had their wages slashed after a new landlord took ownership of a Fifth Avenue property in Midtown’s Diamond District.

    Photo credit: 32BJ SEIU