Daily Archives: March 6, 2024

Mars was once a cradle for life, according to scientists – Earth.com

Posted: March 6, 2024 at 3:58 pm

In an exciting development, scientists have made significant strides in the ongoing quest to understand the potential for life on Mars. Recent research conducted by a team from Tohoku University suggests that organic materials discovered on the Martian surface may have originated from atmospheric formaldehyde.

This discovery is a monumental step forward in unraveling the mysteries surrounding the possibility of life on Mars in its distant past.

The research, which has been published in the journal Scientific Reports, delves into the early atmospheric conditions of Mars, examining the potential for these conditions to support the formation of biomolecules.

Biomolecules are organic compounds that are crucial for biological processes and are considered the building blocks of life. The findings provide fascinating insights, hinting at the possibility that Mars may have once been a cradle for life.

Mars, as we see it today, is a far cry from an environment that could support life. It is characterized by extreme cold and aridity. However, geological evidence points to a more inviting past.

Approximately 3.8 to 3.6 billion years ago, Mars likely boasted a temperate climate, thanks to the warming effects of gases such as hydrogen. This warmer climate could have supported liquid water, an essential ingredient for life as we understand it.

The research was focused on the potential formation of formaldehyde in the early Martian atmosphere. Formaldehyde is a simple organic compound that is pivotal in the synthesis of more complex biomolecules, such as amino acids and sugars. These molecules are foundational for the creation of proteins and RNA, which are essential for life.

To explore this possibility, the research team employed an advanced computer model to simulate the atmospheric composition of early Mars. They theorized that the atmosphere was rich in carbon dioxide, hydrogen, and carbon monoxide.

The simulations suggested that this ancient atmosphere could have continuously supplied formaldehyde, potentially leading to the creation of various organic compounds. This presents the tantalizing possibility that the organic materials found on Mars today may have atmospheric origins, particularly during the planets earliest geological periods.

Shungo Koyama, the lead author of the study, highlighted the significance of their findings, stating: Our research provides crucial insights into the chemical processes that may have occurred on ancient Mars, offering valuable clues to the possibility of past life on the planet.

The research not only sheds light on the chemical dynamics of ancient Mars but also expands our understanding of the planets ancient potential to support life.

Looking ahead, the team plans to further their research by analyzing geological data collected by NASAs Martian rovers. The goal is to deepen our understanding of the organic materials present in Mars early history.

By comparing the expected carbon isotopes of ancient formaldehyde with data from Martian samples, they aim to gain insights into the processes that influenced the planets organic chemistry.

The study marks a significant milestone in our quest to understand the history of Mars and its capacity to support life. It opens up new avenues for exploration and research, bringing us one step closer to solving the enigma of life beyond Earth.

As discussed above, Mars, often referred to as the Red Planet, captivates our imagination and scientific curiosity. This celestial body, the fourth planet from the Sun, stands out in our solar system with its distinct reddish appearance, a result of iron oxide or rust on its surface. Mars offers a fascinating glimpse into another world, with its unique geography, climate, and potential for past water.

Mars features a diverse landscape, including the largest volcano in the solar system, Olympus Mons, and the deepest, longest canyon, Valles Marineris.

These monumental geological features dwarf their Earthly counterparts, showcasing the planets dynamic history. Mars polar ice caps, composed of water and carbon dioxide ice, wax and wane with the seasons, hinting at complex climatic patterns.

The climate of Mars, though colder and more arid than Earths, varies significantly across its surface and throughout the Martian year. Temperatures can swing from a maximum of 20C (68F) near the equator during summer to a minimum of -125C (-193F) at the poles during winter.

The Martian atmosphere, thin and composed mostly of carbon dioxide, plays a crucial role in these temperature variations and the planets weather patterns, including dust storms that can engulf the entire planet.

Evidence suggests that Mars once harbored liquid water on its surface, raising the possibility of life. Scientists have discovered signs of ancient riverbeds, lakes, and what appear to be shorelines.

These findings fuel ongoing research and missions, such as the study from Tohoku University discussed above, aiming to uncover whether life once existed on Mars or, perhaps, still lies dormant beneath its surface.

Mars has been the target of numerous missions, from flybys and orbiters to rovers that traverse its terrain. These missions, undertaken by various space agencies around the world, seek to unravel the mysteries of Mars, studying its atmosphere, surface, and potential for supporting human life in the future.

The prospect of human missions to Mars and the establishment of permanent bases looms on the horizon, marking the next steps in our exploration of the Red Planet.

In summary, Mars remains a key focus of scientific inquiry and exploration, holding answers to questions about the potential for life beyond Earth, the history of our solar system, and the possibilities for future human colonization.

As technology advances and our understanding deepens, Mars beckons us to continue our journey of discovery, pushing the boundaries of what we know about the universe and our place within it.

The full study is published in the journal Scientific Reports.

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Curiosity Rover is Climbing Through Dramatic Striped Terrain on Mars – Universe Today

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Just about every day we here on Earth get a breathtaking picture of Marss terrain sent back by a rover. But, the view from space can be pretty amazing, too. The Mars Reconnaissance Orbiter (MRO) just sent back a thought-provoking picture of Curiosity as it makes its way up a steep ridge on Mount Sharp.

The rover is a tiny black dot in the center of the image, which gives a good feeling for what MROs HiRISE camera accomplished. For scale, the rover is about the size of a dinner table, sitting in a region of alternating dark and light bands of material on the Red Planet.

The Curiosity rover is exploring an ancient ridge on the side of Mount Sharp, which is the peak of a crater on Mars. Its sitting on the side of a feature called Gediz Vallis Ridge, and the terrains and materials preserve a record of what things were like when water last flowed there. That happened about three billion years ago. The force of the flow brought significant amounts of rocks and debris through the region. They piled up to form the ridge. So, much of what you see here is the desiccated remains of that flooding.

Debris flows are pretty common here on Earth, particularly in the aftermath of floods, volcanic eruptions, tsunamis, and other actions. We can see them wherever material floods through a region or down a slope. In a flood-based flow, the speed of the water combines with gravity and the degree of slope to send material rushing across the surface. A debris flow can also be a dry landslide, and those can occur pretty much anywhere on Earth where the conditions are right. Another type of debris flow comes from volcanic activity. That occurs when material erupts from a volcano, or when earthquakes combined with an eruption collapse material into the side of the mountain. That results in whats called a lahar. Folks in North America might recall the Mount St. Helens eruption in 1980; it resulted in several lahars that buried parts of the surrounding terrain.

Now that scientists see similar-seeming regions on Mars, they want to know several things. How did they form? Were they created by the same processes that make them on Earth? And, how long ago did they begin to form? Curiosity and Perseverance and other rovers and landers have been sent to Mars to help answer those questions.

Did any of these actions happen on Mars? The evidence is pretty strong, which is why Gediz Vallis itself is a major exploration goal for the rover. Its a canyon that stretches across 9 kilometers of the Martian surface and is carved about 140 meters deep. Gediz was likely carved by so-called fluvial activity (meaning flowing action) in the beginning. Later floods deposited a variety of fine-grained sands and rocks. Over time, winds have blown a lot of that material away, leaving behind protected pockets of materials left behind by the flooding. The size of the rocks tells something about the speed of the flows that deposited all the material. Geological studies of those rocks will reveal their mineral compositions, including their exposure to water over time.

The Gediz Vallis ridge resulted from the action of water pushing rocks and dirt around to build it up over time. Planetary scientists now need to figure out the sequence of events that created it. The clues lie in the scattered rocks in the region and the surrounding terrain. Mount Sharp itself (formally known as Aeolis Mons), is about 5 kilometers high and is, essentially, a stack of layered sedimentary rocks. As Curiosity makes its way up the mountain, it explores younger and younger materials.

To put all this on a larger scale, Mount Sharp is the central peak of Gale Crater. It formed some 3.5 to 3.8 billion years ago from an impact. As time went by, water flooded the crater several times. It flowed out and eventually disappeared as Marss climate changed it to the dusty desert we see today.

Winds also played a role in filling the crater with dust and sand deposits. This so-called aeolian activity also helped carve out Mount Sharp. This history of wind- and water-based deposition and erosion made Gale Crater a very attractive place to explore. Thats why Curiosity was sent there and continues its journey up Mount Sharp.

HiRISE Spots Curiosity Driving Toward Upper Gediz Vallis Curiosity Views Gediz Vallis Ridge The Gediz Vallis Inverted Channel: Evidence for Late-state Flow in Gale Crater, Mars?

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Sols 4114-4115: Bingo! It’s Official Curiosity’s 40th Successful Drill Hole on Mars! NASA Mars Exploration – NASA Mars Exploration

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This image of the "Mineral King" drill hole was taken by Chemistry & Camera (ChemCam) onboard NASA's Mars rover Curiosity on Sol 4108. Credits: NASA/JPL-Caltech/LANL. Download image

Earth planning date: Friday, March 1, 2024

The "Mineral King" drill hole did not quite reach the target depth that we typically desire to ensure that we have enough sample in the drill stem to deliver to our internal CheMin and SAM instruments. However, based on the information we did have (see details in the Sol 4110 blog), we proceeded with delivery to CheMin, and got the good news yesterday that CheMin received enough sample to complete an X-ray diffraction analysis. We officially have our 40th successful drill hole! Based on the preliminary CheMin results, the SAM team are planning a power-hungry, Evolveded Gas Analysis (EGA) of the "Mineral King" sample. This will provide further information on the composiotion and mineralogy.

Despite the power restrictions, the geology and atmospheric science teams made good use of the remaining time and power available to plan a slew of observations in this 2-sol weekend plan. To complement the previous APXS and ChemCam analyses of the "Mineral King" target prior to drilling, and the CheMin and SAM analyses, ChemCam will fire its laser at the wall of the drill hole to look for chemical variations with depth. The resulting laser pits will be captured with a Mastcam image, which will also help us plan MAHLI and APXS deployments on the powdered sample surrounding the drill hole next week. ChemCam will also analyze the "Nameless Pyramid" target on the same block, another example of the dark rock that we drilled into. We are also acquiring additional Mastcam imaging to extend coverage around the "Mineral King" drill block.

We are not focusing all our activities in the vicinity of our drill hole though. ChemCam will also utilize its remote imaging capabilities to look at the layering in the "Texoli" butte and the chaotic structure within the nearby Gediz Vallis deposit. We have been imaging the Texoli butte from different vantage points along our traverse to better understand the nature of the layering and sedimentary structures that can help us interpret the geological history of this section of Mount Sharp. The Gediz Vallis deposit has also been of interest for some time now, and our current position, very close to a section of the ridge material, provides the perfect opportunity to try and understand the processes that formed this late-stage deposit.

A photometry experiment on the second sol will use Mastcam and Navcam images to view areas near the workspace. This is one of a number of such observations that are repeated at different times of day, with variable lighting conditions, while the rover is stationary here at the "Mineral King" drill site. The experiment helps us to gain a better understanding of the surface textures at small scales and their influence on the reflected sunlight.

Observations to monitor changes in atmospheric opacity and dust are also included. We are acquiring several Navcam observations (sky flats and line of sight observations, as well as dust devil, suprahorizon and zenith movies) and a Mastcam tau. The plan is not complete without the standard REMS, DAN and RAD activities.

We are looking forward to coming back next week, hopefully with the news that we had a successful SAM EGA analysis. Assuming success, we will empty the drill stem of any remaining sample, which then allows us to use the arm for contact science (MAHLI and APXS). I will be the APXS strategic planner next week, and I am eager to help plan the APXS observations of the powdered sample around the drill hole. These results will be used to further refine the CheMin and SAM determined mineralogy of "Mineral King."

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Will NASA be able to return Mars samples to Earth? New audit raises doubts – Space.com

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NASA's bold plan to get pristine samples of Mars to Earth for analysis is facing major challenges, according to a new report.

Design, cost and scheduling are all significant obstacles, an audit report of NASA's Mars Sample Return (MSR) Program by the agency's Office of Inspector General (OIG) finds.

MSR aims to return Martian geological samples to Earth for scientific study. It involves landing on Mars to collect samples taken by the Perseverance rover and launching those samples to rendezvous with an orbiter, which will haul them to Earth.

Related:NASA's Mars Sample Return in jeopardy after US Senate questions budget

Perseverance is already on Mars, snagging and storing samples. But the program still needs to build a Sample Retrieval Lander (SRL) and an Earth Return Orbiter (ERO), the latter being developed and funded by the European Space Agency (ESA). MSR is one of the most technically complex, operationally demanding and ambitious robotic science missions ever undertaken by NASA, according to the OIG report.

The report notes design, architecture and schedule issues with the Capture Containment and Return System (CCRS). These design issues resulted in adding about $200 million to the budget and one year of lost schedule.

One major area of concern is life-cycle cost estimates for MSR. There is concern that, due to the number and significance of cost increase indicators so far, the $7.4 billion estimate is "premature and may be insufficient," the report finds. Now, the complexity of the MSR mission could drive costs to between $8 billion to $11 billion, the OIG report notes, citing a September 2023 Independent Review Board (IRB) report. Notably, a July 2020 estimate listed costs of $2.5 to $3 billion.

These new figures indicate significant financial challenges and uncertainties in the MSR Program's life-cycle costs. Issues include inflation, supply chain problems and increases in funding requests for specific program components.

The report also highlights the need for enhanced coordination between NASA and ESA. The OIG report offers recommendations to address these challenges. These include ensuring a stable CCRS design, incorporating program complexity into cost and schedule estimates (rather than focusing only on external factors), and reassessing large mission pre-formulation guidance.

In a bigger-picture recommendation, the OIG report calls for NASA to "develop a corrective action plan that incorporates the lessons learned and recommendations from the Large Mission Study [completed in 2020] to improve the guidance and practices for pre-formulation of large missions."

NASA management concurred or partially concurred in its responses to the report.

The MSR program has recently come under political pressure for its ever-expanding cost estimates, adding to doubt over the continuation of the program. NASA is currently reassessing the overall MSR architecture and its budget. The results could be released later this month.

NASA is also operating under a continuing resolution that freezes spending at 2023 budgetary limits until the spending for the new fiscal year is agreed upon by Congress. This has seen NASA's Jet Propulsion Laboratory in Southern California, the main player in MSR, to lay off workers, further impacting the program.

MSR is, however, considered a mission of major scientific significance by many planetary scientists. China, meanwhile, is working on its own mission, Tianwen-3, to collect samples from Mars, launching around the end of the decade.

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Perseverance rover spots Ingenuity helicopter’s snapped-off rotor blade on Mars (photos) – Space.com

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The blade was broken and, still unforged, it's been found on Mars.

Space fans scouring the raw images from NASA'sPerseverancerover recently spotted the broken helicopter blade from Ingenuity lying on the sands of Mars. Ingenuity is permanently grounded as a result of the blade-snapping incident, a hard landing that occurred at the end of its Jan. 18 flight.

"Nestled in the vibrant red Martian sand, a lonely blade from NASA's Ingenuity helicopter lies about 15 meters [50 feet] from the aircraft's final resting place," the nonprofit Planetary Society wrote Tuesday (Feb. 27) on X, formerly Twitter.

Related: Ingenuity Mars helicopter snapped rotor blade during hard landing last month (video, photo)

Geovisual design student Simeon Schmau also processed the Perserverance imagery, captured by the rover's powerful SuperCam instrument, into a composite view that shows both the helicopter and its now distant blade. Schmau shared the results on X, visible below as well.

Ingenuity's flying days ended after 72 flights 67 more than the five originally planned for its technology-demonstrating mission. The 4-pound (1.8 kilograms) drone was the first vehicle ever to take flight on Mars after landing with Perseverance in February 2021, and kept going for nearly three years.

Perseverance imagery downloaded from Mars on Sunday (Feb. 25) showed the broken-off Ingenuity blade. But hidden in shadow in some of the raw imagery was the blade itself, barely visible in Martian dunes.

The helicopter, operating in Mars' Jezero Crater, demonstrated flight was not only possible but could be done regularly in the Red Planet's thin atmosphere.

After its initial five hops, Ingenuity shifted to a long extended mission in which it was scouting ahead for Perseverance, which is collecting samples for a possible eventual return to Earth (pending funding and technology development for the Mars sample return campaign, whose budget has been under discussion in Congress lately).

What finally downed Ingenuity was a sandy patch of terrain that did not have rocks or other navigation aids to help the helicopter to find its way. As Ingenuity came in for landing, the blade snapped as it hit the ground. But the helicopter, managed by NASA's Jet Propulsion Laboratory (JPL), had already cemented its legacy as a spaceflight pioneer, agency officials said.

"The NASA JPL team didn't just demonstrate the technology," Tiffany Morgan, deputy director of NASA's Mars Exploration Program, said during a Jan. 31 webcast tribute to Ingenuity. "They demonstrated an approach that if we use in the future will really help us to explore other planets and be as awe-inspiring, as amazing, as Ingenuity has been."

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NASA Eyes New Operating Plan For Mars Sample Return Mission – Aviation Week

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Artist's concept of Mars Sample Return mission.

Credit: NASA

HOUSTONNASAs Planetary Science Division is hopeful it can craft a new operating plan for the Mars Sample Return (MSR) mission by July despite looming budget uncertainties, Division Director Lori Glaze says. We have been talking about this for many months now, since last June, Glaze told a March...

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Bruno Mars adding 12 new Las Vegas performances, opens The Pinky Ring – KTNV 13 Action News Las Vegas

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LAS VEGAS (KTNV) Musician Bruno Mars is extending his residency at Dolby Live at Park MGM and announcing 12 new performance dates.

The 14-time GRAMMY winner is seven years into his residency at the venue. You can see the latest dates below.

Tickets are on sale now and start at $225. Mars recently opened a new cocktail lounge and jazz bar at the Bellagio. It's called The Pinky Ring.

Bruno Mars opens The Pinky Ring at the Bellagio

"I've been performing in Vegas for years and I've always wanted a place where I could throw glamorous parties when I'm in town, a place that felt like my personal penthouse suite, with live music and sensational cocktails," Mars said. "The Pinky Ring is that."

The venue is on the casino floor and located at the former Lily Bar & Lounge space.

The Pinky Ring officially opened to the public on Feb. 12 with The Hooligans as the resident house band for the first two weeks.

Other famous faces who have stopped by so far include Janelle Mone, Babyface, T-Pain, Gayle King, Jason and Lauren Kenedy, Kerrueche Tran, Wilmer Valderrama, Lucky Daye, and Lady Gaga.

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How Black Lives Matter is destroying public education – Washington Times

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OPINION:

Last month, many government schools participated in Black Lives Matter at School Week.

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The annual Social Justice Week of Action began in 2016 in the state of Washington and grew over the years with support from the National Education Association (NEA). In 2019, The NEA promotion included an image of students appearing to grab and shred the American flag while another student holds up the BLM flag.

What an image! This is a true reflection of the indoctrination happening in government schools. Sadly, today, children are being taught to hate America and believe our country is systemically racist.

The starter kit for schools to participate in BLM at School Week can be downloaded for review. The updated kit touts four national demands for the week of action: 1. End zero tolerance and implement restorative justice, 2. hire and retain black teachers, 3. mandate Black history and ethnic studies, and 4. counselors, not cops.

So, lets get this straight.

BLM wants to end strict discipline in classrooms to be replaced by a theory that focuses on the victim and repairing any harm done, which has morphed into the payment of monetary reparations to victims of historical social injustice.

BLM wants to hire teachers based on their race rather than their skills and abilities. Discrimination in the name of diversity like this is rampant across our country. For example, in 2021 North Carolinas largest district encouraged teachers to ignore White parents concerns about critical race theory because their children benefit from the system. There is so much irony in how anti-racist programs are so heavily steeped in racism.

BLM wants to mandate Black History and Ethnic Studies like the African American Studies class focused on social justice being implemented in my hometown. The professor who guided the teachers in the development of this course said, Shifting [students] thinking often means disagreeing with their families, communities, and what they see as basic values in the United States.

Should this be the focus for teachers? To shift a childs worldview away from their family, community, and our countrys values?

BLM wants to defund police in schools and replace them with mental health counselors. Is this because children who commit crimes in school need counseling not discipline? If we continue to remove deterrents to crime and treat children who make bad choices as victims, we harm them and potentially others. Self-control is learned from suffering the consequences of bad choices.

Moreover, BLM has expanded beyond race and now includes in its Guiding Principles Transgender Affirming (the work required to dismantle cisgender privilege), and Queer Affirming (freeing from the tight grip of cis-heteropatriarchal assumptions) and they claim, collective value described as sex assigned at birth, gender identity, gender expression, sexual orientation, economic status, ability, disability, education, location, age, immigration status, religious beliefs or disbeliefs.

Other BLM Guiding Principles are Black Women defined as actively disrupting patriarchal culture and Black Villages intended to disrupt the narrow Western prescribed nuclear family structure expectation and villages that collectively care for one another.

These are the most disturbing of all the principles espoused by BLM. They aim to cancel dads who are the vital bedrock of family that is missing in the Black community. Social sciences agree that children fare better in every measure of well-being when they are raised by married parents and the number one cause of children living in poverty is being born out of wedlock. There is an abundance of research that testifies to the fact that fatherlessness harms children. In 1965, 75% of Black families were led by married parents. Today, nearly 70% of Black children are born out of wedlock. Children, especially boys, need a father. The BLM movement will devastate the Black community if they have their way. Furthermore, it doesnt take a village to raise a child it takes loving parents.

The Frequently Asked Questions section of the toolkit starts by telling teachers the movement is about unpacking their backpack of privilege and how relying on colorblind rhetoric only perpetuates the issues and does nothing to challenge structural racism and White supremacy.

The Q&A section goes on to include a question about teachers rights when teaching materials parents might find inappropriate. The response is, it is the job of an educator to raise students awareness of issues that affect the world and to consider solutions. This is indeed what the job of a teacher has become, but why? When children are failing academically with very low percentages of children proficient in any subject whether they are White or Black, why not focus on teaching children to read, write, and do math?

The Q&A section closes with a question from a teacher who teaches math and science. The teacher asks how to integrate this into their teaching. BLM suggests they use numbers and maps to look at the impact of housing discrimination, low minimum wage, and the school-to-prison pipeline. They also recommend asking students to think about ways to solve deep social problems: how can we reduce the number of losses of life to police violence; and what are ways to end deep poverty? And finally, they suggest just ditching math and science occasionally to talk about how students are feeling about the world around them and engage with them around the work of social change, organizing and building power in the world.

We were warned, nearly prophetically by Thomas Sowell in 2004 who said, Ours may become the first civilization destroyed, not by the power of our enemies, but by the ignorance of our teachers and the dangerous nonsense they are teaching our children. In an age of artificial intelligence, they are creating artificial stupidity.

Sheri Few is the Founder and President of United States Parents Involved in Education (USPIE) whose mission is to end the US Department of Education and all federal education mandates. USPIE has established 20 state chapters and is growing rapidly amid the national outcry from parents who want to regain control of their childrens education. Few is a nationally recognized leader on education policy and is often quoted in conservative media. Few has written extensively about critical race theory and served as Executive Producer for the documentary film titled Truth & Lies in American Education.

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City seeks to avoid trial over Black Lives Matter mural – Palo Alto Online

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Artists and volunteers work on a mural that reads Black Lives Matter on Hamilton Avenue in front of Palo Alto City Hall on June 30, 2020. Each artist was assigned one letter in the mural to paint in their own style. Photo by Magali Gauthier.

Seeking to avoid a summer trial, Palo Alto is asking the courts for a quick ruling on a lawsuit from a group of police officers who claim they were offended by a Black Lives Matter mural that 16 artists painted in front of City Hall in June 2020.

The citys attorney, Suzanne Solomon from the firm Liebert Cassidy Whitmore, filed a motion on Feb. 28 requesting that the Santa Clara County Superior Court issue a summary judgment in May, a ruling that would obviate the need for a two-week trial that is currently scheduled for June 10.

She has asked the court to schedule a hearing on the request on May 28. If the court opts to move ahead with the trial, Solomon has asked that the trial be postponed until June 28 to comply with a 30-day requirement for summary judgments.

The City Council is scheduled to discuss the latest developments in the case in a March 11 closed session.

The six officers Eric Figueroa, Michael Foley, Robert Parham, Julie Tannock, Christopher Moore and David Ferreira filed their lawsuit in July 2021, about a year after the city commissioned artists to paint the mural along Hamilton Avenue, between Ramona and Bryant Streets.

Each of the 16 artists (or, in some cases, artist teams) was commissioned to paint a single letter of BLACK LIVES MATTER. The city removed the mural in the first week of November 2020 with the goal of eventually creating a more permanent art installation.

The mural was part of the citys effort to address nationwide calls for social justice in after George Floyd was murdered by a Minnesota police officer on May 25, 2020. While the mural was only up for about four months, the litigation stemming from the artwork has been winding its way through the legal system for three years. The plaintiffs have maintained that the mural represented a form of harassment. They specifically objected to two images, which are contained in the letters E and R of MATTER.

The E featured Assata Shakur, a civil rights activist and member of the Black Liberation Army who became a fugitive after she was convicted in 1977 of killing a New Jersey state trooper. The R included an image of a black panther, an emblem of the Black Panther Party. In their lawsuit, the police officers claimed the image alludes to the New Black Panther, an antisemitic organization that has been designated a hate group by the Southern Poverty Law Center and that has been disavowed by the original Black Panthers.

In March 2022, the Santa Clara County Superior Court rejected an argument from the officers that the citys failure to immediately remove the images constituted workplace discrimination. Judge Socrates Manoukian also found no evidence that the city had engaged in discriminatory conduct or that its failure to remove the mural had anything to do with the officers race, ethnicity or some other protected classification.

But in July of that year, Manoukian rejected the citys position that the officers claim does not state facts sufficient to constitute a cause of action and allowed the case to move forward.

It is not difficult for this court to conclude that by allowing the mural to be posted in its current location, a reasonable jury could conclude that the behavior by the City was outrageous because it abused its relationship with its valuable employees, should have suspected that the plaintiffs were susceptible to injuries through mental distress; or that the city acted intentionally or unreasonably with the recognition that the act would be likely to result in illness through mental distress, Manoukian wrote in the July 5, 2022, ruling.

The citys latest filing seeks to expedite the resolution of the case by requesting a summary judgment on the officers only remaining cause of action: the allegation that the citys decision to keep the mural constitutes harassment that violates the Fair Employment and Housing Act.

In making the argument, Solomon disputed the notion that the mural is objectively offensive.

No reasonable person would have considered public speech on a sidewalk during the summer of 2020, when the entire Country was focused on its history of racial injustice, to be hostility directed toward them personally because they are not African-American, Solomon wrote in her brief. In any event, they were reassured by the City Manager that the City valued their dedication and hard work, and that the City was not endorsing Ms. Shakurs past acts.

She noted that the mural posed no actual physical threat and did not urge anyone to take any action in relation to Plaintiffs due to their races. In fact, the only words in the letter E were, WE MUST LOVE EACH OTHER AND SUPPORT EACH OTHER.

Solomon argued in her new motion that the city is entitled to legislative immunity for all claims relating to the mural because the artwork was made in response to a City Council enactment. She also argued that the city could not have altered the mural without violating the artists First Amendment rights.

She dismissed as false the assertion by the officers that the panther in the R references the New Black Panther Party and argued that it in fact alludes to the original Black Panther Party, which is not a hate group. One of the artists who had painted the letter had similarly told this publication shortly after the lawsuit was filed that he was inspired by the Black Panther Party.

Solomon also took issue with the idea that the Shakur painting somehow discriminates against the officers because of their races. The officers identify as Caucasian, Filipino, Asian and Hispanic, according to the filing.

Plaintiffs attempt to recast their offense as being race-based because the police officer Ms. Shakur was convicted of killing was Caucasian, the Solomon motion states. Plaintiffs believe that the murder was race-based, but their unsupported belief does not transform the message of the letter E, which is racially neutral and urges love and support, presumably for everyone.

She also noted that while the plaintiffs see Shakur primarily as a killer, others see her as a civil rights icon. Cece Carpio, the Oakland-based artist who painted the E, explained her decision to paint Shakur in an email to the city shortly after the officers demanded that the letter be removed.She wrote that she felt it was important to represent the words and wisdom of Assata, who has been a political refugee since 1979.

Assata was a target of policing and COINTELPRO, and is still a target of the policing and the US government, Carpio wrote, referring to the surveillance program of political organizations that the FBI conducted between 1956 and 1971. They see her involvement with the Black liberation movement as a threat to the status quo. Just as they see the movement to defend Black lives as a threat to racial capitalism and white supremacy.

But some in the Police Department saw things differently. Anthony Becker, former president of the Palo Alto Police Officers Association, wrote several emails to City Manager Ed Shikada in July 2020 asking that the mural be removed. The exchanges between Becker and Shikada are included in the exhibits that Solomon had submitted as part of her request for a summary judgment.

The men and women of the PAPOA deserve better, Becker wrote. This portion of the mural is intimating (sic), threatening and promotes violence. To allow such an image to be displayed takes away from the message of the mural.

Shikada responded by noting that the art in the mural was based on a selection process managed by the citys Public Art Commission, a process designed to prevent politicians and bureaucrats from making design decisions.

This is a wise rule, Shikada wrote. As a consequence, however, we open the door to diverse perspectives like the mural. Some have called it brilliant and beautiful, while others have called it idiocy and an insult. Personally, I call it art something I perceive in my own way while understanding that others may see it differently.

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City seeks to avoid trial over Black Lives Matter mural - Palo Alto Online

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NLRB: ‘Black Lives Matter’ insignia allowed New England Biz Law Update – New England Biz Law Update

Posted: at 3:57 pm

The NLRB has issued a decision inHome Depot USA, Inc.,holding that an employer violated the National Labor Relations Act when it discharged an employee for refusing to remove the hand-drawn letters BLM the acronym for Black Lives Matter from their work apron.

Several other employees at the same Home Depot store also displayed BLM markings on their work aprons at about the same time.

The National Labor Relations Act protects the legal right of employees to engage in concerted activities for the purpose of mutual aid or protection, regardless of whether they are represented by a union.

The Board applied existing precedent and said that the employees refusal to remove the BLM marking was concerted because it was a logical outgrowth of prior concerted employee protests about racial discrimination in their workplace and an attempt to bring those group complaints to the attention of Home Depot managers.

The employees conduct was also for mutual aid or protection because the issue of racial discrimination involved employees working conditions, the Board found.

Further, the Board said that an employers interference with its employees right to display protected insignia, such as the BLM marking, was presumptively unlawful, and that the employer had the burden of establishing special circumstances making a rule about insignias necessary to maintain production or discipline.

The Board found that Home Depot failed to establish such special circumstances in this case. Therefore, the Board held that the company broke the law when it conditioned the employees continued employment on removal of the BLM marking.

It is well-established that workers have the right to join together to improve their working conditions including by protesting racial discrimination in the workplace, said Chairman Lauren McFerran. It is equally clear that an employee who acts individually to support a group protest regarding a workplace issue remains protected under the law.

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NLRB: 'Black Lives Matter' insignia allowed New England Biz Law Update - New England Biz Law Update

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