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Supreme Court to consider whether local governments can make it a crime to sleep outside if no inside space is available

Legal precedents hold that criminalizing someone for their status, such as being homeless, is cruel and unusual punishment. But what if that status leads…

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A homeless person near an elementary school in Fruitdale Park in Grants Pass, Ore. AP Photo/Jenny Kane

On April 22, 2024, the Supreme Court will hear a case that could radically change how cities respond to the growing problem of homelessness. It also could significantly worsen the nation’s racial justice gap.

City of Grants Pass v. Johnson began when a small city in Oregon with just one homeless shelter began enforcing a local anti-camping law against people sleeping in public using a blanket or any other rudimentary protection against the elements – even if they had nowhere else to go. The court must now decide whether it is unconstitutional to punish homeless people for doing in public things that are necessary to survive, such as sleeping, when there is no option to do these acts in private.

The case raises important questions about the scope of the Constitution’s cruel and unusual punishment clause and the limits of cities’ power to punish involuntary conduct. As a specialist in poverty law, civil rights and access to justice who has litigated many cases in this area, I know that homelessness in the U.S. is a function of poverty, not criminality, and is strongly correlated with racial inequality. In my view, if cities get a green light to continue criminalizing inevitable behaviors, these disparities can only increase.

Western states strongly criticize the 9th U.S. Circuit Court of Appeals rulings against criminalizing homelessness, but other states argue that local governments have better options.

A national crisis

Homelessness in the United States is a massive problem. The number of people without homes held steady during the COVID-19 pandemic largely because of eviction moratoriums and the temporary availability of expanded public benefits, but it has risen sharply since 2022.

The latest data from the federal government’s annual “Point-in-Time” homeless count found 653,000 people homeless across the U.S. on a single night in 2023 – a 12% increase from 2022 and the highest number reported since the counts began in 2007. Of the people counted, nearly 300,000 were living on the street or in parks, rather than indoors in temporary shelters or safe havens.

The survey also shows that all homelessness is not the same. About 22% of homeless people are deemed chronically homeless, meaning they are without shelter for a year or more, while most experience a temporary or episodic lack of shelter. A 2021 study found that 53% of homeless shelter residents and nearly half of unsheltered people were employed.

Scholars and policymakers have spent many years analyzing the causes of homelessness. They include wage stagnation, shrinking public benefits, inadequate treatment for mental illness and addiction, and the politics of siting affordable housing. There is little disagreement, however, that the simple mismatch between the vast need for affordable housing and the limited supply is a central cause.

Homelessness and race

Like poverty, homelessness in the U.S. is not race-neutral. Black Americans represent 13% of the population but comprise 21% of people living in poverty and 37% of people experiencing homelessness.

The largest percentage increase in homelessness for any racial group in 2023 was 40% among Asians and Asian-Americans. The largest numerical increase was among people identifying as what the Department of Housing and Urban Development calls “Latin(a)(o)(x),” with nearly 40,000 more homeless in 2023 than in 2022.

This disproportionality means that criminalizing homelessness likewise has a disparate racial effect. A 2020 study in Austin, Texas, showed that Black homeless people were 10 times more likely than white homeless people to be cited by police for camping on public property.

According to a recent report from the Southern Poverty Law Center, 1 in 8 Atlanta city jail bookings in 2022 were of people experiencing homelessness. The criminalization of homelessness has roots in historical use of vagrancy and loitering laws against Black Americans dating back to the 19th century.

Crackdowns on the homeless

Increasing homelessness, especially its visible manifestations such as tent encampments, has frustrated city residents, businesses and policymakers across the U.S. and led to an increase in crackdowns against homeless people. Reports from the National Homelessness Law Center in 2019 and 2021 have tallied hundreds of laws restricting camping, sleeping, sitting, lying down, panhandling and loitering in public.

Just since 2022, Texas, Tennessee and Missouri have passed statewide bans on camping on public property, with Texas making it a felony.

Georgia has enacted a law requiring localities to enforce public camping bans. Even some cities led by Democrats, including San Diego and Portland, Oregon, have established tougher anti-camping regulations.

Under presidents Barack Obama and Joe Biden, the federal government has asserted that criminal sanctions are rarely useful. Instead it has emphasized alternatives, such as supportive services, specialty courts and coordinated systems of care, along with increased housing supply.

Some cities have had striking success with these measures. But not all communities are on board.

People stand on a sidewalk holding signs reading 'Parks Are for Kids' and 'Drug Free Parks'
Members of a local ‘park watch’ group demonstrate against homeless encampments in Grants Pass, Ore., March 20, 2024. AP Photo/Jenny Kane

The Grants Pass case

Grants Pass v. Johnson culminates years of struggle over how far cities can go to discourage homeless people from residing within their borders, and whether or when criminal sanctions for actions such as sleeping in public are permissible.

In a 2019 case, Martin v. City of Boise, the 9th U.S. Circuit Court of Appeals held that the Eighth Amendment’s cruel and unusual punishment clause forbids criminalizing sleeping in public when a person has no private place to sleep. The decision was based on a 1962 Supreme Court case, Robinson v. California, which held that it is unconstitutional to criminalize being a drug addict. Robinson and a subsequent case, Powell v. Texas, have come to stand for distinguishing between status, which cannot constitutionally be punished, and conduct, which can.

In the Grants Pass ruling, the 9th Circuit went one step further than it had in the Boise case and held that the Constitution also banned criminalizing the act of public sleeping with rudimentary protection from the elements. The decision was contentious: Judges disagreed over whether the anti-camping ban regulated conduct or the status of being homeless, which inevitably leads to sleeping outside when there is no alternative.

Grants Pass is urging the Supreme Court to abandon the Robinson precedent and its progeny as “moribund and misguided.” It argues that the Eighth Amendment forbids only certain cruel methods of punishment, which do not include fines and jail terms.

The homeless plaintiffs argue that they do not challenge reasonable regulation of the time and place of outdoor sleeping, the city’s ability to limit the size or location of homeless groups or encampments, or the legitimacy of punishing those who insist on remaining in public when shelter is available. But they argue that broad anti-camping laws inflict overly harsh punishments for “wholly innocent, universally unavoidable behavior” and that punishing people for “simply existing outside without access to shelter” will not reduce this activity.

They contend that criminalizing sleeping in public when there is no alternative violates the Eighth Amendment in three ways: by criminalizing the “status” of homelessness, by imposing disproportionate punishment on innocent and unavoidable acts, and by imposing punishment without a legitimate deterrent or rehabilitative goal.

‘Housing First’ is a strategy for reducing homelessness that has contributed to progress in cities including Houston, Salt Lake City and Columbus, Ohio.

The case has attracted dozens of amicus briefs, including from numerous cities and counties that support Grants Pass. They assert that the 9th Circuit’s recent decisions have worsened homelessness, stymied law enforcement and left jurisdictions without clear guidelines for preserving public order and safety.

On the other hand, the states of Maryland, Illinois, Massachusetts, Minnesota, New York and Vermont filed a brief urging the Court to uphold the 9th Circuit’s ruling, arguing that local governments retain ample tools to address homelessness and that criminalizing tends to worsen rather than alleviate the problem.

A brief from 165 former local elected officials agrees. Service providers, social scientists and professional organizations such as the American Psychiatric Association filed briefs noting that criminalization increases barriers to education, employment and eventual recovery; erodes community trust; and can force people back into abusive situations. They also highlight research showing the effectiveness of a nonpunitive “housing first” model.

A race to the bottom?

The current Supreme Court is generally extremely sympathetic to law enforcement, but even its conservative members may balk at allowing a city to criminalize inevitable acts by homeless people. Doing so could spark competition among cities to create the most punitive regime in hopes of effectively banishing homeless residents.

Still, at least some justices may sympathize with the city’s argument that upholding the 9th Circuit’s ruling “logically would immunize numerous other purportedly involuntary acts from prosecution, such as drug use by addicts, public intoxication by alcoholics, and possession of child pornography by pedophiles.” However the court rules, this case will likely affect the health and welfare of thousands of people experiencing homelessness in cities across the U.S.

Clare Pastore is a former Senior Counsel for the American Civil Liberties Union of Southern California, which is one of the ACLU offices included in the organization's amicus brief in the case supporting the homeless litigants in city of Grants Pass v. Johnson. Her employment with the ACLU ended in 2007, years before this case was filed.

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Grizzly bear conservation is as much about human relationships as it is the animals

Whether people are hunters can have a big effect.

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If the government takes grizzly bears off the Endangered Species List, some states will likely introduce a hunting season. Wolfgang Kaehler/LightRocket via Getty Images

Montanans know spring has officially arrived when grizzly bears emerge from their dens. But unlike the bears, the contentious debate over their future never hibernates. New research from my lab reveals how people’s social identities and the dynamics between social groups may play a larger role in these debates than even the animals themselves.

Social scientists like me work to understand the human dimensions behind wildlife conservation and management. There’s a cliché among wildlife biologists that wildlife management is really people management, and they’re right. My research seeks to understand the psychological and social factors that underlie pressing environmental challenges. It is from this perspective that my team sought to understand how Montanans think about grizzly bears.

To list or delist, that is the question

In 1975, the grizzly bear was listed as threatened under the Endangered Species Act following decades of extermination efforts and habitat loss that severely constrained their range. At that time, there were 700-800 grizzly bears in the lower 48 states, down from a historic 50,000. Today, there are about 2,000 grizzly bears in this area, and sometime in 2024 the U.S. Fish and Wildlife Service will decide whether to maintain their protected status or begin the delisting process.

Listed species are managed by the federal government until they have recovered and management responsibility can return to the states. While listed, federal law prevents hunting of the animal and destruction of grizzly bear habitat. If the animal is delisted, some states intend to implement a grizzly bear hunting season.

People on both sides of the delisting debate often use logic to try to convince others that their position is right. Proponents of delisting say that hunting grizzly bears can help reduce conflict between grizzly bears and humans. Opponents of delisting counter that state agencies cannot be trusted to responsibly manage grizzly bears.

But debates over wildlife might be more complex than these arguments imply.

Identity over facts

Humans have survived because of our evolved ability to cooperate. As a result, human brains are hardwired to favor people who are part of their social groups, even when those groups are randomly assigned and the group members are anonymous.

Humans perceive reality through the lens of their social identities. People are more likely to see a foul committed by a rival sports team than one committed by the team they’re rooting for. When randomly assigned to be part of a group, people will even overlook subconscious racial biases to favor their fellow group members.

Your social identities influence how you interpret your own reality.

Leaders can leverage social identities to inspire cooperation and collective action. For example, during the COVID-19 pandemic, people with strong national identities were more likely to physically distance and support public health policies.

But the forces of social identity have a dark side, too. For example, when people think that another “out-group” is threatening their group, they tend to assume members of the other group hold more extreme positions than they really do. Polarization between groups can worsen when people convince themselves that their group’s positions are inherently right and the other group’s are wrong. In extreme instances, group members can use these beliefs to justify immoral treatment of out-group members.

Empathy reserved for in-group members

These group dynamics help explain people’s attitudes toward grizzly bears in Montana. Although property damage from grizzly bears is extremely rare, affecting far less than 1% of Montanans each year, grizzly bears have been known to break into garages to access food, prey on free-range livestock and sometimes even maul or kill people.

People who hunt tend to have more negative experiences with grizzly bears than nonhunters – usually because hunters are more often living near and moving through grizzly bear habitat.

Two mean wearing jackets and holding shotguns as they walk across a grassy field with a dog.
When hunters hear grizzly bear conflict stories from other hunters, they might favor grizzlies less, even if they’ve never had a negative experience with one themselves. Karl Weatherly/DigitalVision via Getty Images

In a large survey of Montana residents, my team found that one of the most important factors associated with negative attitudes toward grizzly bears was whether someone had heard stories of grizzly bears causing other people property damage. We called this “vicarious property damage.” These negative feelings toward grizzly bears are highly correlated with the belief that there are too many grizzly bears in Montana already.

But we also found an interesting wrinkle in the data. Although hunters extended empathy to other hunters whose properties had been damaged by grizzly bears, nonhunters didn’t show the same courtesy. Because property damage from grizzly bears was far more likely to affect hunters, only other hunters were able to put themselves in their shoes. They felt as though other hunters’ experiences may as well have happened to them, and their attitudes toward grizzly bears were more negative as a result.

For nonhunters, hearing stories about grizzly bears causing damage to hunters’ property did not affect their attitudes toward the animals.

Identity-informed conservation

Recognizing that social identities can play a major role in wildlife conservation debates helps untangle and perhaps prevent some of the conflict. For those wishing to build consensus, there are many psychology-informed strategies for improving relationships between groups.

For example, conversations between members of different groups can help people realize they have shared values. Hearing about a member of your group helping a member of another group can inspire people to extend empathy to out-group members.

Conservation groups and wildlife managers should take care when developing interventions based on social identity to prevent them from backfiring when applied to wildlife conservation issues. Bringing up social identities can sometimes cause unintended division. For example, partisan politics can unnecessarily divide people on environmental issues.

Wildlife professionals can reach their audience more effectively by matching their message and messengers to the social identities of their audience. Some conservation groups have seen success uniting community members who might otherwise be divided around a shared identity associated with their love of a particular place. The conservation group Swan Valley Connections has used this strategy in Montana’s Swan Valley to reduce conflict between grizzly bears and local residents.

Group dynamics can foster cooperation or create division, and the debate over grizzly bear management in Montana is no exception. Who people are and who they care about drives their reactions to this large carnivore. Grizzly bear conservation efforts that unite people around shared identities are far more likely to succeed than those that remind them of their divisions.

Alexander L. Metcalf has received funding from the National Fish and Wildlife Foundation, the National Science Foundation, the Richard King Mellon Foundation, the Pennsylvania Department of Conservation and Natural Resources, the Montana Department of Fish, Wildlife and Parks, the US Geological Survey, and the US Department of Agriculture Forest Service. Dr. Metcalf is an advisor to the Swan Valley Connections board of directors.

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Iconic ice cream brand files for Chapter 11 bankruptcy

The nearly 100-year-old ice cream retailer seeks to reorganize in Chapter 11.

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Ice cream chain competition is fierce as Dunkin Brands'  (DNKN)  Baskin Robbins, Cold Stone Creamery, Haagen-Dazs, Marble Slab Creamery and Ben & Jerry's, dominate the space. Certain burger chains, such as Dairy Queen, Sonic and Culver's, also have long-established popularity with their ice cream offerings.

It's still difficult for burger chains to top the pure ice cream chains as huge Baskin Robbins had 2,376 locations in 2023, according to data firm ScrapeHero,  Cold Stone Creamery had 998 locations in the U.S. as of Jan. 25, 2024, the data firm also revealed.

Related: Las Vegas Strip resort signs iconic hip hop stars for residency

General Mills'  (GIS)  Haagen-Dazs has over 900 locations in 50 countries, according to the company's parent and cereal maker's website, and Fat Brands  (FAT)  affiliate Marble Slab Creamery had over 395 locations in 22 states, according to the parent company website. Ben & Jerry's number of locations were unclear, but software company Rentech Digital claimed the company had over 200 locations in 2021, Eat This, Not That reported.

The ice cream business hasn't been too friendly to some companies. Friendly's restaurant chain, which specialized in its ice cream business, battled both restaurant and ice cream rivals before making its first trip to bankruptcy in 2011. The company was sold five years after that bankruptcy, but would face financial distress caused by the Covid pandemic and filed Chapter 11 bankruptcy a second time in November 2020.

Friendly's seeks Texas franchises

In January 2021, Amici Partners Group and its affiliate Brix Holdings acquired 130 corporate-owned and franchised Friendly's restaurants out of bankruptcy. Now, Brix Holdings is looking to expand as it said in a February 2024 statement that the company is looking for Texas entrepreneurs to open multiple locations to extend its franchise network outside of its Northeast market. 

"Friendly's has the potential to be a beloved brand on a national scale in the way that it already is on the East Coast," Sherif Mityas, CEO of Brix Holdings LLC, said in a statement. "We know there are business owners out there, especially in states like Texas, who understand the legacy, impact and opportunities Friendly's will bring to new communities. For more than eight decades, the brand has continued to grow and evolve with today's culture. The company's longevity and resilience proves its opportunities are limitless and the concept can go far with the right entrepreneur."

While one former distressed ice cream brand may have recovered, another longtime regional ice cream brand has fallen into bankruptcy.

Two filled ice cream cones are held by a man's hand. (Photo by Frank Hammerschmidt/picture alliance via Getty Images)

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Oberweis Ice Cream and Dairy to reorganize in bankruptcy     

The iconic operator of Oberweis Ice Cream and Dairy retail stores in the Midwest, which was founded in 1927, on April 12 filed for Chapter 11 bankruptcy to reorganize its business.

Oberwies is a throwback to the heyday of dairies as it still sells its milk in glass bottles and offers home delivery of its dairy products in Illinois, Indiana, Michigan, Missouri, North Carolina, Virginia and Wisconsin.

The company, which opened its first ice cream shop in 1951, currently operates 43 Oberweis Ice Cream and Dairy retail locations in Illinois, Indiana, Michigan and Missouri.

The North Aurora, Ill.-based ice cream and dairy retailer listed $10 million to $50 million in assets and liabilities in its petition. The debtor listed about $4 million owed to its top 20 unsecured creditors that included Penske Truck Co. and food safety company EcoLab as well as over $173,000 to the Cook County Treasurer, Chicago NBC affiliate WMAQ reported.

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Skin in the Game: Oruka Takes on Blockbuster Drugs for Psoriasis, Dermatological Disorders

Oruka Therapeutics and ARCA Biopharma are pursuing a reverse merger intended to create a $300 million-plus combined company focused on treating plaque…

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Lawrence Klein, PhD, CEO, Oruka Therapeutics

Oruka Therapeutics wanted to go public as it prepares to advance its co-lead pipeline programs into the clinic next year. ARCA Biopharma, which first went public in 1997, sought to conclude the strategic review it launched nearly two years ago, after its candidate for hospitalized COVID-19 patients failed a mid-stage clinical trial.

Both companies have found answers in each other. Oruka and ARCA are pursuing a reverse merger intended to create a $300 million-plus combined company focused on treating plaque psoriasis and other chronic skin diseases with therapies designed to inhibit two interleukins, IL-17A/F and IL-23p19.

The combined company, which will carry on the name Oruka Therapeutics, aims to develop best-in-class, long-acting antibodies against validated targets known to play key roles in dermatologic and inflammatory diseases.

If the merger goes through as planned, the new Oruka will launch with a $275 million private investment in public equity (PIPE) transaction and a public listing on Nasdaq under the ticker symbol “ORKA.” That financing—plus $37.4 million in ARCA’s existing cash and cash equivalents as of December 31, 2023—is expected to provide Oruka more than three years of capital, allowing it to fund its operations through the end of 2027.

During that period, the combined company plans on advancing to clinical trials its two lead candidates: ORKA-001, an antibody targeting IL-23p19 with potential indications in psoriasis; and ORKA-002, an antibody targeting IL-17A/F that has numerous potential dermatological applications, including psoriasis and psoriatic arthritis.

Oruka expects to launch a first in human trial of ORKA-001 during the first half of 2025 and report initial pharmacokinetic data from healthy volunteers in the second half of next year, the same timeframe the company has set for a first in human study of ORKA-002. The first data for ORKA-002 is expected in early 2026.

“We wanted to access the public markets as we bring these programs into the clinic,” Lawrence Klein, PhD, Oruka’s CEO, told GEN Edge. “We think that we’ll have potential for early inflection points like showing our extended half-life in Phase I trials, and that having access to the public markets through those events, could be beneficial to the company for extending our cash runway.”

The combined company says it will be able to fund its operations through the end of 2027 as a result of the merger, and especially through the PIPE financing—Two and a half years longer than the cash runway of ARCA, which will run through mid-2025.

$50B+ Market by 2028

In announcing its planned reverse merger with ARCA, Oruka identified an addressable market for ORKA-001 and -002 that stood at $38 billion in 2022, but the company expects will exceed $50 billion by 2028, based on internal analysis and data from EvaluatePharma, GlobalData, Barclays, and TD Cowen.

More than half of that market is psoriasis, expected to climb by 2028 from $25 billion to $32 billion. Next highest is psoriatic arthritis (from $7 billion to $10 billion), followed by ankylosing spondylitis ($4 billion to $6 billion), then hidradenitis suppurativa ($2 billion to $4 billion).

Andrew Blauvelt, MD, chair of Oruka Therapeutics’ Scientific Advisory Board

Oruka—whose name combines the Hebrew words for skin (“or”) and restoration (“arukah”)—is based on the dermatological expertise of Andrew Blauvelt, MD, who chairs the company’s scientific advisory board. Blauvelt was President and owner of the Oregon Medical Research Center from 2013–22, a clinical research venue where he also served as investigator from 2011 until March.

Blauvelt told GEN that ORKA-001 is designed to compete with several dominant drugs. Four of those are IL-23 inhibitors—including AbbVie’s Skyrizi® (risankizumab), Janssen Biotech (Johnson & Johnson)’s Tremfya® (guselkumab) and Stelara® (ustekinumab), and Sun Pharmaceutical Industries’ Ilumya® (tildrakizumab-asmn). Another three potential competitor therapies are IL-17 inhibitors that include Novartis’ Cosentyx® (secukinumab), Eli Lilly’s Taltz® (ixekizumab), and UCB’s Bimzelx® (bimekizumab-bkzx).

Skyrizi is the best seller among IL-23 inhibitors, finishing 2023 with $7.763 billion in net revenues, up 50% from 2022. Next highest is Stelara with $10.858 billion (up 12%), followed by Tremfya with $3.147 billion (up 18%). Sun does not disclose Ilumya sales, which Oruka pegged at about $1 billion for psoriasis alone.

Among IL-17 inhibitors, Cosentyx led the field with $4.98 billion (up 4% from 2022), followed by Taltz with $2.76 billion (up 11%), then Bimzelx with €148 million ($157.5 million) in its first year on the market.

Extended and higher dosing

Oruka plans to compete with established drugs in part by extending the half-life of its IL-23 inhibitor to get less frequent dosing—as little as once or twice a year, Blauvelt said, compared with dosing frequencies ranging from every two months to quarterly (after an initial four-week interval) for the IL-23 inhibitors, and once or twice monthly for IL-17 inhibitors.

Blauvelt and Oruka also reason that they can compete with established dermatological drugs through higher dosages. Blauvelt has studied that in recent years as Oregon Medical Research Center has conducted the Phase II KNOCKOUT trial (NCT05283135), assessing whether higher initial doses of Skyrizi (300 mg and 600 mg, twice and four times the standard initial doses for plaque psoriasis) can more effectively target resident memory T cells. KNOCKOUT is also examining whether the higher doses would lead to higher levels of completely clear skin for longer periods of time following withdrawal of Skyrizi.

“It’s a marriage of extended dosing and my idea of dosing higher,” Blauvelt said. “Putting those together, our aspirations are that we think we will be able to get complete clearance rates with the Oruka compound that are several degrees higher than any of the best drugs on the market. Perhaps in the 80% range of complete clearance with higher than usual dosing. And then, we think we can possibly get to once-a-year dosing.”

In the early 2000s, Blauvelt began to study psoriasis in depth as a professor of dermatology at Oregon Health & Science University (OHSU) and chief of dermatology at the VA Medical Center in Portland, OR. Blauvelt’s lab studied how IL-23 and T helper 17 (Th17) cells played key roles in the pathogenesis of psoriasis.

IL-23 was found to be the master cytokine regulator or orchestrator of the inflammation that occurs in lesions of psoriasis (“I call it the head of the snake,” Blauvelt quips), and regulates production of another cytokine, IL-17, which acts on keratinocytes, the most prominent cells within the epidermis, to make them proliferate.

Why not target both IL-23 and IL-17 in a single drug? Because IL-23 inhibition only knocks out 90% of IL-17 production, and IL-17 inhibitors work better in psoriatic arthritis. Also, IL-23 inhibition allows for the longer dosing sought by Blauvelt and Oruka.

“What has emerged now in the field as a best of care or gold standard of care is to use an IL-23 inhibitor for two-thirds of the patients that don’t have joint disease. An IL-17 inhibitor would be best in class or gold standard for someone with concomitant psoriatic arthritis,” Blauvelt said.

At OHSU, Blauvelt organized a multidisciplinary center for care of complicated psoriasis patients and began participating in pivotal psoriasis clinical trials. Before focusing on dermatology, Blauvelt was a senior investigator at the NIH, where he pioneered research into HIV and some of its initial targets, Langerhans cells, and also studied how human herpes viruses cause Kaposi’s sarcoma and pityriasis rosea.

Struggling Since 2018

Headquartered in Westminster, CO, ARCA has struggled since 2018, when investors sent the company’s shares tumbling after the company released mixed results from the Phase IIb GENETIC-AF trial (NCT01970501  assessing the genetically targeted beta blocker GencaroTM (bucindolol hydrochloride) as a treatment for atrial fibrillation in patients with heart failure and reduced left ventricular ejection fraction.

In all 267 patients studied, Gencaro showed a treatment benefit similar to the trial’s control, metoprolol succinate, though the 127 U.S. patients showed what ARCA called potential superior benefit in favor of Gencaro—which ARCA inherited through a merger wiith Nuvelo in 2008. ARCA and the FDA later agreed on a protocol for a Phase III trial of Gencaro, which the cash-strapped never launched.

Instead, when the COVID-19 pandemic emerged in 2020, ARCA pivoted to development of the tissue factor inhibitor rNAPc2 (AB201) as a treatment for COVID-19 associated coagulopathy and related inflammatory response.

That effort failed in March 2022 when ARCA reported results from the 160-patient Phase IIb ASPEN-COVID-19 trial (NCT04655586) showing that neither of two doses of rNAPc2 achieved statistical significance for the primary efficacy endpoint of change in D-dimer level from baseline to day eight compared to the standard of care, heparin.

In May of that year, ARCA hired Ladenburg Thalmann as financial advisor and began reviewing strategic options to maximize shareholder value that it said would include “the potential for an acquisition, merger, business combination, or other strategic transaction involving the company.”

Klein said Oruka was attracted to ARCA because of its willingness to help Oruka access public markets.

“There are different ways of doing that. A reverse merger is one way that can actually be very expeditious, and that’s helpful in an election year, where the second half of this year is a bit uncertain on a number of levels,” Klein said. “We like this path, we were able to find a great partner in ARCA to allow that to move forward, and we’re excited to announce the transaction.”

From CRISPR to “compelling”

Klein became Oruka’s CEO at launch in February, following a year as a partner at venture capital firm Versant Ventures, then previously chief operating officer and chief business officer at CRISPR Therapeutics. At CRISPR, he oversaw expansion of the staff from 25 to 550 people as the company built a pipeline led by Casgevy, which made history in December when it won the FDA’s first-ever approval for a CRISPR-edited therapy in sickle cell disease (followed in January by approval in beta thalassemia).

When he came across Oruka, Klein recalled, “I started talking to the investors behind the company. It was an idea at that stage, and their candidates were in the research phase. But just as I learned more about it, I actually spent time with Andy [Blauvelt]. It was very compelling for me to hear that part of the story, and the work he’d done. I just became more and more convinced that this is just a fantastic opportunity to offer something different to patients in a very important indication.”

“Everyone knows someone that’s affected by these diseases. And the possibility that we could offer something truly different without embarking on unproven biology, the idea that we could use Andy’s foundation plus these technology innovations around half-life extension to potentially offer patients more freedom from these diseases, I just was very, very compelled and had to have in.”

Klein will join Oruka’s board along with his former boss at CRISPR Therapeutics, its CEO and chairman Samarth Kulkarni, PhD. Joining them on Oruka’s board will be Peter Harwin, Managing Member of Fairmount; Cameron Turtle, DPhil, CEO of Spyre Therapeutics; and Carl Dambkowski, MD, CMO of Apogee Therapeutics.

Oruka acquired its rights to develop ORKA-001 and -002 from Paragon Therapeutics, a joint venture founded in 2021 by Fairmount with FairJourney Biologics, from which Oruka was spun out earlier this year.

Oruka is the third company founded to develop Paragon-generated therapies. The other two are Spyre, a developer of treatments for inflammatory bowel disease, and Apogee a developer of biologics to treat atopic dermatitis, chronic obstructive pulmonary disease, and other inflammatory and immune diseases with high unmet need.

“Growing rapidly”

The Oruka-ARCA combined company will draw upon Paragon’s 34 staffers, who will support development of ORKA-001 and -002 up to Phase I; and Oruka’s six staffers—a number Klein said expected to quadruple in 2024.

“We have plans to be 25 by the end of the year. We’re growing rapidly,” Klein said.

In addition to ORKA-001 and -002, Oruka’s pipeline includes a preclinical program with an undisclosed target that will apply a tissue-resident memory mechanism of action; as well as undisclosed combination treatment programs.

Immediately before the merger closes, ARCA said, it expects to contribute $5 million to the combined company, and expects to pay a dividend to its pre-merger stockholders of approximately $20 million.

Holders of ARCA shares before the merger are expected to own approximately 2.38% of the combined company—a percentage subject to adjustment based on the amount of ARCA’s net cash at the closing date. Pre-merger Oruka stockholders (including investors participating in the pre-closing financing) are expected to own nearly all of the combined company, approximately 97.62%.

The boards of both Oruka and ARCA have approved the merger, which is expected to close in the third quarter subject to conditions that include approvals by the stockholders of each company; the effectiveness of a statement registering the securities to be issued in connection with the merger, to be filed with the U.S. Securities and Exchange Commission (SEC); and satisfaction of customary closing conditions.

Oruka says it has commitments from a syndicate of healthcare investors for a $275 million private investment in its common stock, and pre-funded warrants to purchase its common stock. The financing is expected to close immediately before completion of the merger.

The investor syndicate is led by Fairmount and Venrock Healthcare Capital Partners, with participation from RTW Investments, Access Biotechnology, Commodore Capital, Deep Track Capital, Perceptive Advisors, Blackstone Multi-Asset Investing, Avidity Partners, Great Point Partners, Paradigm BioCapital, Braidwell, and Redmile Group, as well as other unnamed investors that include “multiple” large investment management firms.

“Launching Oruka with such strong investor support is a testament to the company’s differentiated portfolio, experienced leadership team, and focused strategy to transform the treatment paradigm across multiple chronic skin diseases,” stated Evan Thompson, PhD, Paragon’s chief operating officer.

The post Skin in the Game: Oruka Takes on Blockbuster Drugs for Psoriasis, Dermatological Disorders appeared first on GEN - Genetic Engineering and Biotechnology News.

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