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"bio": "\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.",
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"content": "\u003cp>Alongside the beachgoers denied, the indignant gun shop owners and the house-bound pastors, Gov. Gavin Newsom now has yet another ticked-off challenger to face in court: an extremely disappointed bride-to-be.\u003c/p>\n\u003cp>In the latest filing to challenge the state’s response to the coronavirus pandemic, Monica Six, an Orange County resident, is suing California’s Democratic governor for civil rights violations after his executive order “caused her significant financial hardship as well as ruined her idyllic wedding plans to get married in a special anniversary.”\u003c/p>\n\u003cp>In suing the state, Six is in crowded company. The state of California, and Newsom in particular, are facing down more than a dozen lawsuits over their response to the coronavirus pandemic. \u003ca href=\"#tracker\">Find details on all of them in the tracker below\u003c/a>.\u003c/p>\n\u003cp>The courtroom backlash is no surprise. The restrictions that the governor’s March 19 stay-at-home order have imposed on California civic and economic life are without precedent in state history. Many public health experts, both inside and outside the administration, say such drastic measures are necessary to tamp down the coronavirus pandemic and keep hospitals from becoming overwhelmed. \u003c/p>\n\u003cp>But drastic measures they are. Beyond canceled weddings, it has spelled financial calamity for households, business owners, nonprofits and city governments across the state. They have also tested the limits of executive power and the negotiability of many constitutional rights.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Most of the lawsuits against Newsom challenge the broad restrictions imposed by the shelter-in-place orders. Others contest the governor’s offer of state assistance to undocumented immigrants, his targeted closure of beaches in Orange County, the refusal to list gun shops as essential services and the arrest of two protestors.\u003c/p>\n\u003cp>Though the state is taking flak from an array of aggrieved Californians — gondoliers, conservative politicians and a Butte County musician reduced to playing his saxophone over Zoom are among the plaintiffs — there is a common denominator for most of these lawsuits: Her name is Harmeet Dhillon. \u003c/p>\n\u003cp>Of the more than a dozen shutdown lawsuits against Newsom thus far, the San Francisco attorney and Republican Party bigwig is representing plaintiffs in nine of them.\u003c/p>\n\u003cp>The governor, Dhillon said, “went from ‘let’s flatten the curve for two weeks’ to ‘let’s put everyone under house arrest until we find a cure.’ ” \u003c/p>\n\u003cp>More than 2,500 Californians have died of COVID-19, the respiratory disease caused by the novel coronavirus. Dhillon said she does not make light of that tragedy, but does not believe it justifies shuttering society.\u003c/p>\n\u003cp>“We do not shut down our highways because people die in car accidents,” she said. “We do not ban commerce because people die of lung disease after buying cigarettes. There’s a whole range of health issues that we manage with an acceptable level of risk.”\u003c/p>\n\u003cfigure id=\"attachment_11817690\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11817690\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">James Damore, a former Google employee who wrote a controversial diversity memo, appears alongside attorney Harmeet Dhillon during a press conference on Jan. 8, 2018, in San Francisco, announcing a lawsuit against his former employer. \u003ccite>(Karl Mondon/Bay Area News Group)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Public health experts \u003ca href=\"https://www.propublica.org/article/this-coronavirus-is-unlike-anything-in-our-lifetime-and-we-have-to-stop-comparing-it-to-the-flu\">argue\u003c/a> that because the coronavirus is so contagious, unlike car accidents and lung cancer, “managing” the risk of an overwhelmed medical system requires tighter restrictions on social control. \u003c/p>\n\u003cp>A recent study published with the \u003ca href=\"https://www.nber.org/papers/w26992?utm_campaign=Economic%20Studies&utm_medium=email&utm_content=87636981&utm_source=hs_email\">National Bureau of Economic Research\u003c/a> estimated that the state’s shelter-in-place order resulted in 1,661 fewer deaths, which, the authors reasoned, works out to “about 400 job losses per life saved.”\u003c/p>\n\u003cp>Dhillon has long played the role of counter-puncher to the progressive ambitions of state Democrats, who now hold every state constitutional office and a big supermajority in the Legislature. When lawmakers passed \u003ca href=\"https://calmatters.org/blogs/california-election-2020/2019/11/california-trump-tax-return-law-struck-down/\">a bill requiring President Trump\u003c/a> to publish his taxes in order to appear on the ballot, it was Dhillon, the Republican Party’s national committeewoman from California, who filed suit on behalf of the California GOP. Last year, she \u003ca href=\"https://calmatters.org/blogs/california-election-2020/2019/10/california-trump-taxes-illegal-votes-fraud-tax-return-conservatives-lawsuit/\">sued Secretary of State Alex Padilla\u003c/a> for, she argued, failing to do enough to exclude non-citizens from county voter rolls. \u003c/p>\n\u003cp>Along the way, Dhillon has cobbled together a small phalanx of California Republicans to help her wage war against the liberal powers that be. Mark Meuser, who ran for secretary of state in 2018 on an anti-voter-fraud plank, is on her team. In a handful of the pandemic-era cases she’s joined by Bill Essayli — a young former prosecutor \u003ca href=\"https://calmatters.org/blogs/2018/05/im-not-running-for-president-how-the-california-republican-party-tries-to-put-on-a-new-face-in-the-era-of-trump/\">who unsuccessfully ran for Assembly\u003c/a> in 2018.\u003c/p>\n\u003cp>[aside label=\"More Coronavirus Coverage\" tag=\"coronavirus\"]\u003c/p>\n\u003cp>Even when she isn’t suing the state, Dhillon’s name has a way of popping up whenever a new culture war flashpoint breaks out in California. \u003c/p>\n\u003cp>Recall when software engineer James Damore sued Google after being fired for \u003ca href=\"https://assets.documentcloud.org/documents/3914586/Googles-Ideological-Echo-Chamber.pdf\">circulating a memo\u003c/a> asserting that the underrepresentation of women in tech had a biological basis? Or the student groups who took \u003ca href=\"https://www.washingtonpost.com/news/grade-point/wp/2017/04/24/lawsuit-filed-against-uc-berkeley-for-canceling-ann-coulter-speech/\">UC Berkeley\u003c/a> to court for canceling a planned talk by conservative firebrand Ann Coulter, citing security concerns? Or the Trump supporters in San Jose who got roughed up by counter protesters and then \u003ca href=\"https://www.sfchronicle.com/crime/article/Trump-fans-assaulted-outside-San-Jose-rally-sue-8378730.php\">sued the police\u003c/a>? Or the Orange County \u003ca href=\"https://calmatters.org/politics/2019/11/abortion-law-california-settlement-nifla-becerra-daleiden-sekulow/\">anti-abortion activist\u003c/a> who sued a \u003ca href=\"http://www.centerformedicalprogress.org/wp-content/uploads/2019/11/DaleidenCMPvGinde.pdf\">former Planned Parenthood doctor\u003c/a> for badmouthing him during a TEDx talk?\u003c/p>\n\u003cp>Dhillon is the plaintiffs’ lawyer in each of these cases. \u003c/p>\n\u003cp>Dhillon is in fact a regular on the conservative media circuit. She’s a contributor to Fox News and a frequent guest on that network’s “Tucker Carlson Tonight,” and the “Ingraham Angle,” whose host, Laura Ingraham, Dhillon has cited as a “\u003ca href=\"https://www.dailysignal.com/2020/03/19/problematic-women-ladies-know-your-first-amendment-rights/\">long-time mentor\u003c/a>.” At the Conservative Political Action Conference last year, Dhillon earned what might be the most coveted of all endorsements on the American right: “She’s a great lawyer,” \u003ca href=\"https://www.c-span.org/video/?c4783817/user-clip-donald-trump-hayden-williams-cpac-speech&fbclid=IwAR3JAUiQUeswjWY2e9tuV8-ruobH2fb6lz4BbBoqz274XayhQAwVgaelkzc\">President Trump said to Hayden Williams\u003c/a>, a conservative activist who was physically assaulted on UC Berkeley’s campus. “Sue the college, the university, and maybe sue the state.” \u003c/p>\n\u003cp>She hasn’t. “Not yet,” she said.\u003c/p>\n\u003cp>Born in India, Dhillon grew up in North Carolina before going to Dartmouth College where, like many members of the American right’s intelligentsia, she edited the Dartmouth Review. \u003c/p>\n\u003cp>After going to the University of Virginia law school and working at various firms in New York and London, she opened her own office in San Francisco in 2006. Though her views have skewed right all her life, with a practice in the Bay Area, she has not always seamlessly fit in with the rest of her party. \u003c/p>\n\u003cp>For the one, there’s the fact that she is a Sikh woman of color in a party dominated by white men. \u003c/p>\n\u003cp>During the height of the War on Terror, she sat on the board of the American Civil Liberties Union’s Northern California chapter, to the \u003ca href=\"https://www.sfgate.com/politics/joegarofoli/article/S-F-GOP-leader-slammed-by-Republicans-4254447.php\">chagrin of some GOP stalwarts\u003c/a>. When she ran for state Senate in San Francisco in 2012, she \u003ca href=\"https://www.sfgate.com/politics/article/Republicans-seek-inroads-in-liberal-San-Francisco-3416932.php\">made an effort\u003c/a> to steer clear of incendiary social issues like abortion. \u003c/p>\n\u003cp>You don’t hear much aversion to controversy from her these days.\u003c/p>\n\u003cp>In fact, more shutdown lawsuits against Newsom may soon be on the way. Dhillon said her office has been inundated with requests from potential clients. \u003c/p>\n\u003cp>“We have some quality control. We don’t just crank these out like sausages, even if it seems that way.” she said. “People are getting fed up.”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Harmeet Dhillon, lawyer\"]‘We have some quality control. We don’t just crank these out like sausages, even if it seems that way.’[/pullquote]\u003c/p>\n\u003cp>Many of the cases brought by Dhillon are paid for by a nonprofit she founded, the Center for American Liberty. Dhillon said her law office is one of many hired by the center and that her office in turn works with other clients.\u003c/p>\n\u003cp>Funding for the center, which pays for her office’s legal services, comes from individual donors whose contributions to the nonprofit are tax exempt. Dhillon said that she is probably the top donor and that “more than 50 percent” of the center’s money comes from her seed funding and three other major donors, whom she would not name.\u003c/p>\n\u003cp>Filings with the IRS show that the center, under its prior name Publius Lex, received less than $50,000 in contributions in 2018 and was therefore not required to itemize its contributors. The filing for 2019 has not yet been made available. \u003c/p>\n\u003cp>Since the pandemic began, Dhillon said that the nonprofit has received tens of thousands of dollars in donations, but that the legal bill incurred by repeatedly suing the state “significantly exceeds” that figure. \u003c/p>\n\u003cp>“I haven’t been paid a penny for these cases yet,” she insisted. “I’m not sure I will be.”\u003c/p>\n\u003cp>Many of the lawsuits filed against California’s shelter-in-place order are funded in part by conservative-leaning nonprofits. One of the challenges to Gov. Newsom’s allocation of state funds to undocumented immigrants is supported by Judicial Watch, Inc., a longtime legal antagonist of Bill and Hillary Clinton, which recently sued the U.S. Department of Justice for information regarding ties between former Vice President Joe Biden and Ukraine. \u003c/p>\n\u003cp>Other nonprofit backers of the cases filed against California include the National Center for Law & Policy, which made headlines in 2015 when it sued the Escondido public school district for treating its students as “religious ‘guinea pigs” by \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-yoga-legal-fight-20150612-story.html\">subjecting them to yoga classes\u003c/a>, and Freedom X, a Los Angeles-based organization that lists combating “intellectual McCarthyism” and “creeping Sharia” as its main campaigns. \u003c/p>\n\u003cp>The lawsuits against California’s shelter-in-place orders are only just beginning to wind their way through the legal system. As both the state and counties begin to relax their various shelter-in-place orders, the complaints may be irrelevant before they reach a judicial conclusion. \u003c/p>\n\u003cp>But none have had much luck so far. Of those that have requested the court to freeze the state orders while the case plays itself out, none have been granted and — so far — four have been explicitly denied. \u003c/p>\n\u003cp>That isn’t surprising, said Erwin Chemerinsky, dean of the UC Berkeley Law School. \u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Erwin Chemerinsky, dean of the UC Berkeley Law School\"]‘Simply put, these lawsuits are very likely to lose, as most of these challenges around the country have failed’[/pullquote]\u003c/p>\n\u003cp>“Simply put, these lawsuits are very likely to lose, as most of these challenges around the country have failed,” he said in an email. “The government has broad powers to take emergency actions to stop the spread of communicable diseases. This includes the power to order quarantine or shelter in place, to order closure of businesses, and to limit assemblies, including for religious purposes. So long as the government’s action is reasonably related to stopping the spread of COVID-19, the government is likely to prevail.”\u003c/p>\n\u003cp>Dhillon said she is playing the long game. A few state judges have slapped down her petitions to put the statewide order on hold — she said their rationales were “fairly lacking in analysis.” But where she loses, she may appeal to a higher court. \u003c/p>\n\u003cp>In the meantime, she looks to court rulings in \u003ca href=\"https://time.com/5823881/kansas-religious-gathering-people-limits/\">Kansas\u003c/a> and \u003ca href=\"https://www.cbsnews.com/news/illinois-stay-at-home-order-pritzker-extension-judge-blocks/\">Illinois\u003c/a>, where judges have pushed back against public health decrees. \u003c/p>\n\u003cp>“One day I hope to find a judge in California who has a similarly broad view of the Constitution,” she said.\u003c/p>\n\u003cp>\u003ca id=\"tracker\">\u003c/a>This lawsuit tracker is reported by Ben Christopher and created by web developer John Osborn D’Agostino.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" src=\"https://calmatters-covid-19-lawsuit-tracker.netlify.app/\" width=\"100%\" height=\"800\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\n",
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"title": "Churches, Gun Shops and Angry Brides: All the Shutdown Lawsuits Against Newsom, Explained | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alongside the beachgoers denied, the indignant gun shop owners and the house-bound pastors, Gov. Gavin Newsom now has yet another ticked-off challenger to face in court: an extremely disappointed bride-to-be.\u003c/p>\n\u003cp>In the latest filing to challenge the state’s response to the coronavirus pandemic, Monica Six, an Orange County resident, is suing California’s Democratic governor for civil rights violations after his executive order “caused her significant financial hardship as well as ruined her idyllic wedding plans to get married in a special anniversary.”\u003c/p>\n\u003cp>In suing the state, Six is in crowded company. The state of California, and Newsom in particular, are facing down more than a dozen lawsuits over their response to the coronavirus pandemic. \u003ca href=\"#tracker\">Find details on all of them in the tracker below\u003c/a>.\u003c/p>\n\u003cp>The courtroom backlash is no surprise. The restrictions that the governor’s March 19 stay-at-home order have imposed on California civic and economic life are without precedent in state history. Many public health experts, both inside and outside the administration, say such drastic measures are necessary to tamp down the coronavirus pandemic and keep hospitals from becoming overwhelmed. \u003c/p>\n\u003cp>But drastic measures they are. Beyond canceled weddings, it has spelled financial calamity for households, business owners, nonprofits and city governments across the state. They have also tested the limits of executive power and the negotiability of many constitutional rights.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Most of the lawsuits against Newsom challenge the broad restrictions imposed by the shelter-in-place orders. Others contest the governor’s offer of state assistance to undocumented immigrants, his targeted closure of beaches in Orange County, the refusal to list gun shops as essential services and the arrest of two protestors.\u003c/p>\n\u003cp>Though the state is taking flak from an array of aggrieved Californians — gondoliers, conservative politicians and a Butte County musician reduced to playing his saxophone over Zoom are among the plaintiffs — there is a common denominator for most of these lawsuits: Her name is Harmeet Dhillon. \u003c/p>\n\u003cp>Of the more than a dozen shutdown lawsuits against Newsom thus far, the San Francisco attorney and Republican Party bigwig is representing plaintiffs in nine of them.\u003c/p>\n\u003cp>The governor, Dhillon said, “went from ‘let’s flatten the curve for two weeks’ to ‘let’s put everyone under house arrest until we find a cure.’ ” \u003c/p>\n\u003cp>More than 2,500 Californians have died of COVID-19, the respiratory disease caused by the novel coronavirus. Dhillon said she does not make light of that tragedy, but does not believe it justifies shuttering society.\u003c/p>\n\u003cp>“We do not shut down our highways because people die in car accidents,” she said. “We do not ban commerce because people die of lung disease after buying cigarettes. There’s a whole range of health issues that we manage with an acceptable level of risk.”\u003c/p>\n\u003cfigure id=\"attachment_11817690\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11817690\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/BANG_Harmeet-Dhillon-James-Damore_051120.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">James Damore, a former Google employee who wrote a controversial diversity memo, appears alongside attorney Harmeet Dhillon during a press conference on Jan. 8, 2018, in San Francisco, announcing a lawsuit against his former employer. \u003ccite>(Karl Mondon/Bay Area News Group)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Public health experts \u003ca href=\"https://www.propublica.org/article/this-coronavirus-is-unlike-anything-in-our-lifetime-and-we-have-to-stop-comparing-it-to-the-flu\">argue\u003c/a> that because the coronavirus is so contagious, unlike car accidents and lung cancer, “managing” the risk of an overwhelmed medical system requires tighter restrictions on social control. \u003c/p>\n\u003cp>A recent study published with the \u003ca href=\"https://www.nber.org/papers/w26992?utm_campaign=Economic%20Studies&utm_medium=email&utm_content=87636981&utm_source=hs_email\">National Bureau of Economic Research\u003c/a> estimated that the state’s shelter-in-place order resulted in 1,661 fewer deaths, which, the authors reasoned, works out to “about 400 job losses per life saved.”\u003c/p>\n\u003cp>Dhillon has long played the role of counter-puncher to the progressive ambitions of state Democrats, who now hold every state constitutional office and a big supermajority in the Legislature. When lawmakers passed \u003ca href=\"https://calmatters.org/blogs/california-election-2020/2019/11/california-trump-tax-return-law-struck-down/\">a bill requiring President Trump\u003c/a> to publish his taxes in order to appear on the ballot, it was Dhillon, the Republican Party’s national committeewoman from California, who filed suit on behalf of the California GOP. Last year, she \u003ca href=\"https://calmatters.org/blogs/california-election-2020/2019/10/california-trump-taxes-illegal-votes-fraud-tax-return-conservatives-lawsuit/\">sued Secretary of State Alex Padilla\u003c/a> for, she argued, failing to do enough to exclude non-citizens from county voter rolls. \u003c/p>\n\u003cp>Along the way, Dhillon has cobbled together a small phalanx of California Republicans to help her wage war against the liberal powers that be. Mark Meuser, who ran for secretary of state in 2018 on an anti-voter-fraud plank, is on her team. In a handful of the pandemic-era cases she’s joined by Bill Essayli — a young former prosecutor \u003ca href=\"https://calmatters.org/blogs/2018/05/im-not-running-for-president-how-the-california-republican-party-tries-to-put-on-a-new-face-in-the-era-of-trump/\">who unsuccessfully ran for Assembly\u003c/a> in 2018.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Even when she isn’t suing the state, Dhillon’s name has a way of popping up whenever a new culture war flashpoint breaks out in California. \u003c/p>\n\u003cp>Recall when software engineer James Damore sued Google after being fired for \u003ca href=\"https://assets.documentcloud.org/documents/3914586/Googles-Ideological-Echo-Chamber.pdf\">circulating a memo\u003c/a> asserting that the underrepresentation of women in tech had a biological basis? Or the student groups who took \u003ca href=\"https://www.washingtonpost.com/news/grade-point/wp/2017/04/24/lawsuit-filed-against-uc-berkeley-for-canceling-ann-coulter-speech/\">UC Berkeley\u003c/a> to court for canceling a planned talk by conservative firebrand Ann Coulter, citing security concerns? Or the Trump supporters in San Jose who got roughed up by counter protesters and then \u003ca href=\"https://www.sfchronicle.com/crime/article/Trump-fans-assaulted-outside-San-Jose-rally-sue-8378730.php\">sued the police\u003c/a>? Or the Orange County \u003ca href=\"https://calmatters.org/politics/2019/11/abortion-law-california-settlement-nifla-becerra-daleiden-sekulow/\">anti-abortion activist\u003c/a> who sued a \u003ca href=\"http://www.centerformedicalprogress.org/wp-content/uploads/2019/11/DaleidenCMPvGinde.pdf\">former Planned Parenthood doctor\u003c/a> for badmouthing him during a TEDx talk?\u003c/p>\n\u003cp>Dhillon is the plaintiffs’ lawyer in each of these cases. \u003c/p>\n\u003cp>Dhillon is in fact a regular on the conservative media circuit. She’s a contributor to Fox News and a frequent guest on that network’s “Tucker Carlson Tonight,” and the “Ingraham Angle,” whose host, Laura Ingraham, Dhillon has cited as a “\u003ca href=\"https://www.dailysignal.com/2020/03/19/problematic-women-ladies-know-your-first-amendment-rights/\">long-time mentor\u003c/a>.” At the Conservative Political Action Conference last year, Dhillon earned what might be the most coveted of all endorsements on the American right: “She’s a great lawyer,” \u003ca href=\"https://www.c-span.org/video/?c4783817/user-clip-donald-trump-hayden-williams-cpac-speech&fbclid=IwAR3JAUiQUeswjWY2e9tuV8-ruobH2fb6lz4BbBoqz274XayhQAwVgaelkzc\">President Trump said to Hayden Williams\u003c/a>, a conservative activist who was physically assaulted on UC Berkeley’s campus. “Sue the college, the university, and maybe sue the state.” \u003c/p>\n\u003cp>She hasn’t. “Not yet,” she said.\u003c/p>\n\u003cp>Born in India, Dhillon grew up in North Carolina before going to Dartmouth College where, like many members of the American right’s intelligentsia, she edited the Dartmouth Review. \u003c/p>\n\u003cp>After going to the University of Virginia law school and working at various firms in New York and London, she opened her own office in San Francisco in 2006. Though her views have skewed right all her life, with a practice in the Bay Area, she has not always seamlessly fit in with the rest of her party. \u003c/p>\n\u003cp>For the one, there’s the fact that she is a Sikh woman of color in a party dominated by white men. \u003c/p>\n\u003cp>During the height of the War on Terror, she sat on the board of the American Civil Liberties Union’s Northern California chapter, to the \u003ca href=\"https://www.sfgate.com/politics/joegarofoli/article/S-F-GOP-leader-slammed-by-Republicans-4254447.php\">chagrin of some GOP stalwarts\u003c/a>. When she ran for state Senate in San Francisco in 2012, she \u003ca href=\"https://www.sfgate.com/politics/article/Republicans-seek-inroads-in-liberal-San-Francisco-3416932.php\">made an effort\u003c/a> to steer clear of incendiary social issues like abortion. \u003c/p>\n\u003cp>You don’t hear much aversion to controversy from her these days.\u003c/p>\n\u003cp>In fact, more shutdown lawsuits against Newsom may soon be on the way. Dhillon said her office has been inundated with requests from potential clients. \u003c/p>\n\u003cp>“We have some quality control. We don’t just crank these out like sausages, even if it seems that way.” she said. “People are getting fed up.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many of the cases brought by Dhillon are paid for by a nonprofit she founded, the Center for American Liberty. Dhillon said her law office is one of many hired by the center and that her office in turn works with other clients.\u003c/p>\n\u003cp>Funding for the center, which pays for her office’s legal services, comes from individual donors whose contributions to the nonprofit are tax exempt. Dhillon said that she is probably the top donor and that “more than 50 percent” of the center’s money comes from her seed funding and three other major donors, whom she would not name.\u003c/p>\n\u003cp>Filings with the IRS show that the center, under its prior name Publius Lex, received less than $50,000 in contributions in 2018 and was therefore not required to itemize its contributors. The filing for 2019 has not yet been made available. \u003c/p>\n\u003cp>Since the pandemic began, Dhillon said that the nonprofit has received tens of thousands of dollars in donations, but that the legal bill incurred by repeatedly suing the state “significantly exceeds” that figure. \u003c/p>\n\u003cp>“I haven’t been paid a penny for these cases yet,” she insisted. “I’m not sure I will be.”\u003c/p>\n\u003cp>Many of the lawsuits filed against California’s shelter-in-place order are funded in part by conservative-leaning nonprofits. One of the challenges to Gov. Newsom’s allocation of state funds to undocumented immigrants is supported by Judicial Watch, Inc., a longtime legal antagonist of Bill and Hillary Clinton, which recently sued the U.S. Department of Justice for information regarding ties between former Vice President Joe Biden and Ukraine. \u003c/p>\n\u003cp>Other nonprofit backers of the cases filed against California include the National Center for Law & Policy, which made headlines in 2015 when it sued the Escondido public school district for treating its students as “religious ‘guinea pigs” by \u003ca href=\"https://www.latimes.com/local/lanow/la-me-ln-yoga-legal-fight-20150612-story.html\">subjecting them to yoga classes\u003c/a>, and Freedom X, a Los Angeles-based organization that lists combating “intellectual McCarthyism” and “creeping Sharia” as its main campaigns. \u003c/p>\n\u003cp>The lawsuits against California’s shelter-in-place orders are only just beginning to wind their way through the legal system. As both the state and counties begin to relax their various shelter-in-place orders, the complaints may be irrelevant before they reach a judicial conclusion. \u003c/p>\n\u003cp>But none have had much luck so far. Of those that have requested the court to freeze the state orders while the case plays itself out, none have been granted and — so far — four have been explicitly denied. \u003c/p>\n\u003cp>That isn’t surprising, said Erwin Chemerinsky, dean of the UC Berkeley Law School. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Simply put, these lawsuits are very likely to lose, as most of these challenges around the country have failed,” he said in an email. “The government has broad powers to take emergency actions to stop the spread of communicable diseases. This includes the power to order quarantine or shelter in place, to order closure of businesses, and to limit assemblies, including for religious purposes. So long as the government’s action is reasonably related to stopping the spread of COVID-19, the government is likely to prevail.”\u003c/p>\n\u003cp>Dhillon said she is playing the long game. A few state judges have slapped down her petitions to put the statewide order on hold — she said their rationales were “fairly lacking in analysis.” But where she loses, she may appeal to a higher court. \u003c/p>\n\u003cp>In the meantime, she looks to court rulings in \u003ca href=\"https://time.com/5823881/kansas-religious-gathering-people-limits/\">Kansas\u003c/a> and \u003ca href=\"https://www.cbsnews.com/news/illinois-stay-at-home-order-pritzker-extension-judge-blocks/\">Illinois\u003c/a>, where judges have pushed back against public health decrees. \u003c/p>\n\u003cp>“One day I hope to find a judge in California who has a similarly broad view of the Constitution,” she said.\u003c/p>\n\u003cp>\u003ca id=\"tracker\">\u003c/a>This lawsuit tracker is reported by Ben Christopher and created by web developer John Osborn D’Agostino.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>KQED is suing the California Highway Patrol to force the agency to disclose five years of officer misconduct and use-of-force records that a coalition of news organizations requested under the state’s new police transparency law in January 2019.\u003c/p>\n\u003cp>“For over 16 months the CHP has repeatedly failed to produce all responsive records in its possession, leaving KQED with no choice but to file this action,” the complaint filed Friday in Sacramento County Superior Court said.[aside label=\"Read the Lawsuit\" link1=\"https://assets.documentcloud.org/documents/6885830/2020-05-08-Verified-Petition-for-Writ-of-Mandate.pdf,Petition for Writ of Mandate\"]\u003c/p>\n\u003cp>The agency declined to comment on the lawsuit.\u003c/p>\n\u003cp>The filing late Friday follows a protracted back-and-forth between the agency and coalition of news organizations called the California Reporting Project, which requested records of internal investigations since 2014 that found officers had sexually assaulted members of the public or lied in police reports or testimony. \u003c/p>\n\u003cp>The coalition also sought internal investigations into officer-involved shootings and other serious uses of force. Police agencies across the state were required to make such records accessible under \u003ca href=\"//leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421%E2%80%9D\" target=\"”_blank”\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which took effect Jan. 1, 2019.\u003c/p>\n\u003cp>“The power and importance of public documents and government transparency has never been more apparent,” KQED News Executive Editor Ethan Toven-Lindsey said after the suit was filed. “KQED continues to believe that agencies that refuse or unreasonably delay their compliance with this state law must be held accountable.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It took the CHP 14 months to produce any documents responsive to the news organizations’ public records request.\u003c/p>\n\u003cp>Those records, produced in March, involve a single disciplinary case. That episode involved a veteran CHP officer, Sgt. Timothy Larios, who resigned in 2015 after investigators discovered he’d had a romantic relationship with a confidential informant. \u003c/p>\n\u003cp>An internal CHP probe found the relationship compromised a multiagency narcotics investigation and endangered the woman helping to build that case.\u003c/p>\n\u003cp>The CHP records say Larios was lead investigator in the Shasta Interagency Narcotic Task Force in November 2013 when he met the informant, a woman who had provided information that led to the arrest of two men for possession of marijuana and conspiracy. One of the men was the informant’s former boyfriend. \u003c/p>\n\u003cp>Text messages included in the internal investigation file show Larios became distraught when the suspect later returned to the woman’s home. The probe found the CHP sergeant falsely reported crimes, including three separate occasions in which he was said to have told Shasta County law enforcement agencies that the former boyfriend was holding the woman against her will.\u003c/p>\n\u003cp>Larios’ relationship with the woman was exposed after he left a greeting card on her car in August 2014, while the boyfriend was at her house.\u003c/p>\n\u003cp>“I love you for who you are and want nothing more than to unite as one!” Larios wrote. “Love me!”\u003c/p>\n\u003cfigure id=\"attachment_11817346\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary.jpg\" alt=\"\" width=\"1920\" height=\"745\" class=\"size-full wp-image-11817346\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary-160x62.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary-800x310.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary-1020x396.jpg 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A summary in a California Highway Patrol internal investigation of what Timothy Larios wrote on a greeting card he left for a confidential informant. \u003ccite>(Via California Highway Patrol)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Larios later told investigators he had hoped the note would make the former boyfriend think the informant was in love with someone else and leave her alone.\u003c/p>\n\u003cp>Instead, when the boyfriend discovered the card, he assaulted the woman. She reportedly told him the card was from Larios. \u003c/p>\n\u003cp>Shasta County sheriff’s deputies responding to the domestic violence incident learned the card was from the CHP sergeant. \u003c/p>\n\u003cp>The investigation records say Larios admitted leaving the message.\u003c/p>\n\u003cp>“It’s embarrassing,” the documents quote him as telling investigators. “If I had to do it all over again, obviously it would not be done the same way.”\u003c/p>\n\u003cp>The discovery of the relationship between Larios and the woman led Shasta County prosecutors to dismiss felony charges against the man and his alleged accomplice.\u003c/p>\n\u003cp>Data extracted from Larios’ personal cellphone showed he had sent and received more than 20,000 text messages with the informant, often while on duty, according to a June 2015 notice of adverse action.\u003c/p>\n\u003cp>“You disclosed sensitive, operational information from a joint state and federal investigation of a drug trafficking organization” with the informant, the notice said. The woman was ”a person not authorized to possess this knowledge, and one who associated with people directly involved in criminal drug activity.”[aside tag=\"police-records\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>That information included Larios sending pictures of himself “in action” during undercover operations. He also shared travel plans and the days he expected to conduct drug buys that were apparently part of the investigations.\u003c/p>\n\u003cp>The CHP investigation concluded Larios was guilty of an inexcusable neglect of duty, insubordination, dishonesty, willful disobedience, misuse of state property, and “other failure of good behavior.”\u003c/p>\n\u003cp>Larios retired on June 22, 2015, just days before the CHP moved to terminate him. He had been with the agency for more than 20 years and had received high marks on evaluations until his involvement with the confidential informant.\u003c/p>\n\u003cp>Larios was never charged with any crimes related to the misconduct.\u003c/p>\n\u003cp>Last year, he collected $81,822.96 in pension payments from the state, according to \u003ca href=\"https://transparentcalifornia.com/\" rel=\"noopener noreferrer\" target=\"_blank\">Transparent California\u003c/a>, a database of public employee salaries and pensions. He has received nearly $350,000 in pension payments since his retirement.\u003c/p>\n\u003cp>Larios filed a federal lawsuit against the department and individual investigators for illegal search and seizure of personal property, including his cellphone. \u003c/p>\n\u003cp>Last month, a lower court judge dismissed the suit, which argues the CHP was required to obtain a search warrant to view all the text messages on Larios’ cellphone. The case is now pending before the 9th U.S. Circuit Court of Appeals. \u003c/p>\n\u003cp>While the CHP did release the Larios file, it is unclear how many more responsive records the agency has or when it will produce them. \u003c/p>\n\u003cp>The CHP reported to the Department of Justice that its officers have shot and killed 23 people between 2014-2019. It has released no records related to those shootings. \u003c/p>\n\u003cp>The CHP did release a handful of older cases that were outside the timeframe of KQED’s request. The agency previously estimated all SB 1421 records would be disclosed sometime next month.\u003c/p>\n\u003cp>\u003cem>Dan Brekke of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" class=\"alignleft size-thumbnail wp-image-11786993\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The agency declined to comment on the lawsuit.\u003c/p>\n\u003cp>The filing late Friday follows a protracted back-and-forth between the agency and coalition of news organizations called the California Reporting Project, which requested records of internal investigations since 2014 that found officers had sexually assaulted members of the public or lied in police reports or testimony. \u003c/p>\n\u003cp>The coalition also sought internal investigations into officer-involved shootings and other serious uses of force. Police agencies across the state were required to make such records accessible under \u003ca href=\"//leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421%E2%80%9D\" target=\"”_blank”\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which took effect Jan. 1, 2019.\u003c/p>\n\u003cp>“The power and importance of public documents and government transparency has never been more apparent,” KQED News Executive Editor Ethan Toven-Lindsey said after the suit was filed. “KQED continues to believe that agencies that refuse or unreasonably delay their compliance with this state law must be held accountable.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It took the CHP 14 months to produce any documents responsive to the news organizations’ public records request.\u003c/p>\n\u003cp>Those records, produced in March, involve a single disciplinary case. That episode involved a veteran CHP officer, Sgt. Timothy Larios, who resigned in 2015 after investigators discovered he’d had a romantic relationship with a confidential informant. \u003c/p>\n\u003cp>An internal CHP probe found the relationship compromised a multiagency narcotics investigation and endangered the woman helping to build that case.\u003c/p>\n\u003cp>The CHP records say Larios was lead investigator in the Shasta Interagency Narcotic Task Force in November 2013 when he met the informant, a woman who had provided information that led to the arrest of two men for possession of marijuana and conspiracy. One of the men was the informant’s former boyfriend. \u003c/p>\n\u003cp>Text messages included in the internal investigation file show Larios became distraught when the suspect later returned to the woman’s home. The probe found the CHP sergeant falsely reported crimes, including three separate occasions in which he was said to have told Shasta County law enforcement agencies that the former boyfriend was holding the woman against her will.\u003c/p>\n\u003cp>Larios’ relationship with the woman was exposed after he left a greeting card on her car in August 2014, while the boyfriend was at her house.\u003c/p>\n\u003cp>“I love you for who you are and want nothing more than to unite as one!” Larios wrote. “Love me!”\u003c/p>\n\u003cfigure id=\"attachment_11817346\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/screen-1-card-summary.jpg\" alt=\"\" width=\"1920\" height=\"745\" class=\"size-full wp-image-11817346\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary-160x62.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary-800x310.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/screen-1-card-summary-1020x396.jpg 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A summary in a California Highway Patrol internal investigation of what Timothy Larios wrote on a greeting card he left for a confidential informant. \u003ccite>(Via California Highway Patrol)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Larios later told investigators he had hoped the note would make the former boyfriend think the informant was in love with someone else and leave her alone.\u003c/p>\n\u003cp>Instead, when the boyfriend discovered the card, he assaulted the woman. She reportedly told him the card was from Larios. \u003c/p>\n\u003cp>Shasta County sheriff’s deputies responding to the domestic violence incident learned the card was from the CHP sergeant. \u003c/p>\n\u003cp>The investigation records say Larios admitted leaving the message.\u003c/p>\n\u003cp>“It’s embarrassing,” the documents quote him as telling investigators. “If I had to do it all over again, obviously it would not be done the same way.”\u003c/p>\n\u003cp>The discovery of the relationship between Larios and the woman led Shasta County prosecutors to dismiss felony charges against the man and his alleged accomplice.\u003c/p>\n\u003cp>Data extracted from Larios’ personal cellphone showed he had sent and received more than 20,000 text messages with the informant, often while on duty, according to a June 2015 notice of adverse action.\u003c/p>\n\u003cp>“You disclosed sensitive, operational information from a joint state and federal investigation of a drug trafficking organization” with the informant, the notice said. The woman was ”a person not authorized to possess this knowledge, and one who associated with people directly involved in criminal drug activity.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That information included Larios sending pictures of himself “in action” during undercover operations. He also shared travel plans and the days he expected to conduct drug buys that were apparently part of the investigations.\u003c/p>\n\u003cp>The CHP investigation concluded Larios was guilty of an inexcusable neglect of duty, insubordination, dishonesty, willful disobedience, misuse of state property, and “other failure of good behavior.”\u003c/p>\n\u003cp>Larios retired on June 22, 2015, just days before the CHP moved to terminate him. He had been with the agency for more than 20 years and had received high marks on evaluations until his involvement with the confidential informant.\u003c/p>\n\u003cp>Larios was never charged with any crimes related to the misconduct.\u003c/p>\n\u003cp>Last year, he collected $81,822.96 in pension payments from the state, according to \u003ca href=\"https://transparentcalifornia.com/\" rel=\"noopener noreferrer\" target=\"_blank\">Transparent California\u003c/a>, a database of public employee salaries and pensions. He has received nearly $350,000 in pension payments since his retirement.\u003c/p>\n\u003cp>Larios filed a federal lawsuit against the department and individual investigators for illegal search and seizure of personal property, including his cellphone. \u003c/p>\n\u003cp>Last month, a lower court judge dismissed the suit, which argues the CHP was required to obtain a search warrant to view all the text messages on Larios’ cellphone. The case is now pending before the 9th U.S. Circuit Court of Appeals. \u003c/p>\n\u003cp>While the CHP did release the Larios file, it is unclear how many more responsive records the agency has or when it will produce them. \u003c/p>\n\u003cp>The CHP reported to the Department of Justice that its officers have shot and killed 23 people between 2014-2019. It has released no records related to those shootings. \u003c/p>\n\u003cp>The CHP did release a handful of older cases that were outside the timeframe of KQED’s request. The agency previously estimated all SB 1421 records would be disclosed sometime next month.\u003c/p>\n\u003cp>\u003cem>Dan Brekke of KQED News contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" class=\"alignleft size-thumbnail wp-image-11786993\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" rel=\"noopener noreferrer\" target=\"_blank\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>California regulators on Thursday suspended a $200 million fine against PG&E as punishment for the utility's neglect of electrical equipment that ignited a series of deadly wildfires in Northern California.\u003c/p>\n\u003cp>The waiver approved in a unanimous vote by California's Public Utilities Commission will deprive state coffers of money to help offset losses from income and sales taxes as the coronavirus pandemic pushes the state into a $54 billion budget deficit.\u003c/p>\n\u003cp>PG&E resisted the fine on the grounds that it would threaten its ability to raise the tens of billions of dollars needed to finance its complex plan to emerge from bankruptcy by a June 30 deadline.\u003c/p>\n\u003cp>Regulators backed down, despite a warning from the the commission's public advocates office that letting PG&E get away without paying the $200 million would set a troubling precedent that could lead to more problems in the future.\u003c/p>\n\u003cp>\"Rather than motivating PG&E to improve its abysmal safety record, a permanently suspended fine would encourage PG&E to devise future stratagems to avoid penalties,\" the public advocate said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The move reverses a February decision by an administrative law judge who \u003ca href=\"https://www.kqed.org/news/11804048/pge-fined-2-1-billion-for-wildfires-largest-amount-in-california-history\">determined the $200 million fine was justified\u003c/a> in light of the devastation caused by PG&E's misconduct. \u003c/p>\n\u003cp>The commission blamed PG&E's fraying electrical grid for causing 15 wildfires that killed more than 100 people and destroyed more than 25,000 homes and other buildings in 2017 and 2018.\u003c/p>\n\u003cp>The staggering losses of life and property drove PG&E into bankruptcy early last year. The San Francisco company is now scrambling to get out of bankruptcy before July so it can qualify for coverage from a wildfire insurance fund that California created last year.\u003c/p>\n\u003cp>Although PG&E will no longer have to pay any money into California's general fund, it's still being punished by regulators in the form of nearly $1.9 billion that it won't be able to collect through higher electricity rates and other fees passed on to the roughly 16 million people who rely on PG&E – the nation's largest utility – for power.\u003c/p>\n\u003cp>Regulators also are restricting some of the $425 million in tax savings the utility may realize from the $1.9 billion penalty, requiring it to be passed along to customers instead of funneled to its shareholders.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='pge']Clifford Rechtschaffen, the commissioner who recommended suspending the $200 million fine, acknowledged that waiving the penalty was \"deeply dissatisfying.\" But he said it was justified because of the extraordinary circumstances caused by the COVID-19 outbreak rattling the stock market. \u003c/p>\n\u003cp>The turbulence could make it more difficult for PG&E to raise money it needs to pay $25.5 billion in bankruptcy settlements, including a $13.5 billion fund set up for wildfire victims. Rechtschaffen concluded the $200 million fine would either risk siphoning money away from the victims or prevent PG&E from getting out of bankruptcy. PG&E previously drew controversy by arguing the $200 million fine should be paid out of the victims' fund.\u003c/p>\n\u003cp>Before voting to suspend the fine, Rechtschaffen lashed out at PG&E for contending the penalty was unjustified at the same time it was negotiating an agreement to plead guilty to 84 felony counts of involuntary manslaughter stemming from 2018's Camp Fire, a wildfire sparked by PG&E equipment which nearly destroyed the town of Paradise. PG&E is paying a $4 million fine in Butte County for those crimes. \u003c/p>\n\u003cp>Citing PG&E's admission of guilt for the Butte County fire, Rechtschaffen called PG&E's appeal of the $200 million fine \"deeply disappointing\" and \"disingenuous.\"\u003c/p>\n\u003cp>PG&E had no comment on Rechtschaffen's rebuke but said it remains \"deeply sorry\" for causing the wildfires. \u003c/p>\n\u003cp>\"We share the same objectives as the commission and other state leaders — namely in reducing the risk of wildfire in our communities, even in a rapidly changing environment,\" the company said in a statement.\u003c/p>\n\u003cp>\"The CPUC basically let P&GE off the hook for the most severe violations imaginable, violations leading to the avoidable deaths of 126 people,\" wrote Mark Toney, executive director of the Utility Reform Network. \u003c/p>\n\u003cp>\"For the Commission to cave in to PG&E's demands for a free pass not only sends the wrong message to the company, it sends the wrong message to the public the CPUC is supposed to protect.\"\u003c/p>\n\u003cp>Despite avoiding the $200 million payment to the state of California, PG&E has continued to run up legal bills and other bankruptcy costs that are expected to exceed $1.6 billion.\u003c/p>\n\u003cp>To get out of bankruptcy, PG&E needs the approval of a federal judge and state regulators. Before voting to suspend the fine, the commission heard more than an hour of public comments mostly objecting to perceived shortcomings in PG&E's bankruptcy plan.\u003c/p>\n\u003cp>They contend PG&E isn't doing enough to protect its customers from life-threatening hazards and deliberate blackouts for the next several years to reduce wildfire risks during hot and windy conditions.\u003c/p>\n\u003cp>The Public Utilities Commission is scheduled to vote on PG&E's bankruptcy plan May 21.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Lily Jamali contributed to this story.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California regulators on Thursday suspended a $200 million fine against PG&E as punishment for the utility's neglect of electrical equipment that ignited a series of deadly wildfires in Northern California.\u003c/p>\n\u003cp>The waiver approved in a unanimous vote by California's Public Utilities Commission will deprive state coffers of money to help offset losses from income and sales taxes as the coronavirus pandemic pushes the state into a $54 billion budget deficit.\u003c/p>\n\u003cp>PG&E resisted the fine on the grounds that it would threaten its ability to raise the tens of billions of dollars needed to finance its complex plan to emerge from bankruptcy by a June 30 deadline.\u003c/p>\n\u003cp>Regulators backed down, despite a warning from the the commission's public advocates office that letting PG&E get away without paying the $200 million would set a troubling precedent that could lead to more problems in the future.\u003c/p>\n\u003cp>\"Rather than motivating PG&E to improve its abysmal safety record, a permanently suspended fine would encourage PG&E to devise future stratagems to avoid penalties,\" the public advocate said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The move reverses a February decision by an administrative law judge who \u003ca href=\"https://www.kqed.org/news/11804048/pge-fined-2-1-billion-for-wildfires-largest-amount-in-california-history\">determined the $200 million fine was justified\u003c/a> in light of the devastation caused by PG&E's misconduct. \u003c/p>\n\u003cp>The commission blamed PG&E's fraying electrical grid for causing 15 wildfires that killed more than 100 people and destroyed more than 25,000 homes and other buildings in 2017 and 2018.\u003c/p>\n\u003cp>The staggering losses of life and property drove PG&E into bankruptcy early last year. The San Francisco company is now scrambling to get out of bankruptcy before July so it can qualify for coverage from a wildfire insurance fund that California created last year.\u003c/p>\n\u003cp>Although PG&E will no longer have to pay any money into California's general fund, it's still being punished by regulators in the form of nearly $1.9 billion that it won't be able to collect through higher electricity rates and other fees passed on to the roughly 16 million people who rely on PG&E – the nation's largest utility – for power.\u003c/p>\n\u003cp>Regulators also are restricting some of the $425 million in tax savings the utility may realize from the $1.9 billion penalty, requiring it to be passed along to customers instead of funneled to its shareholders.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Clifford Rechtschaffen, the commissioner who recommended suspending the $200 million fine, acknowledged that waiving the penalty was \"deeply dissatisfying.\" But he said it was justified because of the extraordinary circumstances caused by the COVID-19 outbreak rattling the stock market. \u003c/p>\n\u003cp>The turbulence could make it more difficult for PG&E to raise money it needs to pay $25.5 billion in bankruptcy settlements, including a $13.5 billion fund set up for wildfire victims. Rechtschaffen concluded the $200 million fine would either risk siphoning money away from the victims or prevent PG&E from getting out of bankruptcy. PG&E previously drew controversy by arguing the $200 million fine should be paid out of the victims' fund.\u003c/p>\n\u003cp>Before voting to suspend the fine, Rechtschaffen lashed out at PG&E for contending the penalty was unjustified at the same time it was negotiating an agreement to plead guilty to 84 felony counts of involuntary manslaughter stemming from 2018's Camp Fire, a wildfire sparked by PG&E equipment which nearly destroyed the town of Paradise. PG&E is paying a $4 million fine in Butte County for those crimes. \u003c/p>\n\u003cp>Citing PG&E's admission of guilt for the Butte County fire, Rechtschaffen called PG&E's appeal of the $200 million fine \"deeply disappointing\" and \"disingenuous.\"\u003c/p>\n\u003cp>PG&E had no comment on Rechtschaffen's rebuke but said it remains \"deeply sorry\" for causing the wildfires. \u003c/p>\n\u003cp>\"We share the same objectives as the commission and other state leaders — namely in reducing the risk of wildfire in our communities, even in a rapidly changing environment,\" the company said in a statement.\u003c/p>\n\u003cp>\"The CPUC basically let P&GE off the hook for the most severe violations imaginable, violations leading to the avoidable deaths of 126 people,\" wrote Mark Toney, executive director of the Utility Reform Network. \u003c/p>\n\u003cp>\"For the Commission to cave in to PG&E's demands for a free pass not only sends the wrong message to the company, it sends the wrong message to the public the CPUC is supposed to protect.\"\u003c/p>\n\u003cp>Despite avoiding the $200 million payment to the state of California, PG&E has continued to run up legal bills and other bankruptcy costs that are expected to exceed $1.6 billion.\u003c/p>\n\u003cp>To get out of bankruptcy, PG&E needs the approval of a federal judge and state regulators. Before voting to suspend the fine, the commission heard more than an hour of public comments mostly objecting to perceived shortcomings in PG&E's bankruptcy plan.\u003c/p>\n\u003cp>They contend PG&E isn't doing enough to protect its customers from life-threatening hazards and deliberate blackouts for the next several years to reduce wildfire risks during hot and windy conditions.\u003c/p>\n\u003cp>The Public Utilities Commission is scheduled to vote on PG&E's bankruptcy plan May 21.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Lily Jamali contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>U.S. citizen children of undocumented parents who are excluded from the $2 trillion federal coronavirus relief package filed a federal class-action lawsuit Tuesday.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/6882448-RV-v-Mnuchin-Complaint-as-Filed.html\">lawsuit was filed\u003c/a> in federal court in Maryland by the \u003ca href=\"https://www.law.georgetown.edu/icap/\">Institute for Constitutional Advocacy and Protection\u003c/a> at Georgetown University Law Center along with CASA, a nonprofit immigrant rights organization serving the Washington, D.C.-area and Pennsylvania, on behalf of seven children, ranging in age from 7 months old to 9 years old, and their parents.\u003c/p>\n\u003cp>\"My daughter is a U.S. citizen,\" said Carmen, the mother of one child in the lawsuit who did not want to give her full name because of her immigration status.\u003c/p>\n\u003cp>\"Just as any other U.S. citizen child, my daughter deserves to have equal rights,\" especially during this pandemic, Carmen said. \"It's an injustice.\"\u003c/p>\n\u003cp>As job losses continue to increase nationwide due to the public health pandemic, the federal government's enormous Coronavirus Aid, Relief, and Economic Security Act, signed into law March 27, provides an economic lifeline to millions of people who pay taxes using their Social Security number instead of the \u003ca href=\"https://www.irs.gov/individuals/individual-taxpayer-identification-number\">individual taxpayer identification number\u003c/a>, or ITIN, used by Carmen and many other undocumented immigrants.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Mary McCord, lead attorney for the class-action lawsuit\"]'It's one thing to discriminate against undocumented immigrants, which our system does, but it's a whole different thing to discriminate against U.S. citizen children.'[/pullquote]\u003c/p>\n\u003cp>Every eligible individual receives a $1,200 check if the person has an \u003ca href=\"https://www.npr.org/2020/03/26/822224393/show-me-the-relief-money-no-promises-on-when-coronavirus-checks-are-coming\">income of less than $75,000 \u003c/a>per year, or $2,400 if a couple files taxes jointly. If the income is higher, the amount varies. Individual taxpayers' children also qualify for $500 per child under the age of 17.\u003c/p>\n\u003cp>Carmen said she pays income tax every year using her ITIN. Before the pandemic she worked two jobs in the food industry — one at a catering company and another at a pizzeria.\u003c/p>\n\u003cp>\"This is the first time I'm home without an income,\" she said. \"I'm using my voice to advocate on behalf of my daughter.\"\u003c/p>\n\u003cp>Carmen came to the U.S. from Lima, Peru, in 2001. She said she's concerned about her and her daughter's future in this pandemic.\u003c/p>\n\u003cp>\"It's a hard reality we are living,\" she said, pleading with public officials not to abandon children like hers during the crisis. \"I hope their hearts soften and their minds open to see that our children are also the future of the country.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mary McCord is the lead attorney for the class-action lawsuit.\u003c/p>\n\u003cp>\"The lawsuit is based on the equal protection violation of the CARES Act that discriminates and excludes U.S. children,\" said McCord, a visiting professor at Georgetown University Law Center. \"It's one thing to discriminate against the undocumented immigrants, which our system does, but it's a whole different thing to discriminate against U.S. citizen children.\"\u003c/p>\n\u003cp>[aside postID=news_11812710 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/04/1920_GettyImages-522274800-1-1020x680.jpg']\u003c/p>\n\u003cp>McCord estimates there are millions of children of undocumented immigrants in the country and said that these youths are being \"treated as second-class citizens\" with the denial of the CARES Act benefit.\u003c/p>\n\u003cp>More importantly, McCord said, it's nonsensical to deny these U.S. citizen children the benefit of the relief package because they already qualify for other public benefit programs such as the Supplemental Nutrition Assistance Program, or SNAP benefits, as well as Temporary Assistance for Needy Families, or TANF.\u003c/p>\n\u003cp>\"Under the Constitution, U.S. citizens cannot be discriminated against based on alienage,\" McCord said. \"These children have no say in who they're born to, and yet they're being treated differently than other U.S. citizen children. And that's why so many of the other public benefits programs still do cover U.S. citizen children, because otherwise it would be discriminatory.\"\u003c/p>\n\u003cp>Nicholas Katz, CASA's senior manager of legal services, said the way the CARES Act is being implemented runs counter to its promise.\u003c/p>\n\u003cp>\"The purpose of the CARES Act is to help the most vulnerable members of our society during this difficult time,\" Katz said in written statements. \"Immigrants make up almost a fifth of [front-line] workers during this pandemic. It is an absolute outrage that we are relying on immigrant families to care for our loved ones and provide our essential supplies and yet denying their children the support they are entitled to as U.S. citizens.\"\u003c/p>\n\u003cp>This case doesn't have a precedent, though two lawsuits in Maryland and Illinois have been filed against the U.S. government on behalf of couples of mixed immigration status. They were denied CARES Act relief because one of them is an undocumented immigrant, while the other is a U.S. citizen. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cbr>\n\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Lawsuit+Alleges+CARES+Act+Excludes+U.S.+Citizen+Children+Of+Undocumented+Immigrants&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. citizen children of undocumented parents who are excluded from the $2 trillion federal coronavirus relief package filed a federal class-action lawsuit Tuesday.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/6882448-RV-v-Mnuchin-Complaint-as-Filed.html\">lawsuit was filed\u003c/a> in federal court in Maryland by the \u003ca href=\"https://www.law.georgetown.edu/icap/\">Institute for Constitutional Advocacy and Protection\u003c/a> at Georgetown University Law Center along with CASA, a nonprofit immigrant rights organization serving the Washington, D.C.-area and Pennsylvania, on behalf of seven children, ranging in age from 7 months old to 9 years old, and their parents.\u003c/p>\n\u003cp>\"My daughter is a U.S. citizen,\" said Carmen, the mother of one child in the lawsuit who did not want to give her full name because of her immigration status.\u003c/p>\n\u003cp>\"Just as any other U.S. citizen child, my daughter deserves to have equal rights,\" especially during this pandemic, Carmen said. \"It's an injustice.\"\u003c/p>\n\u003cp>As job losses continue to increase nationwide due to the public health pandemic, the federal government's enormous Coronavirus Aid, Relief, and Economic Security Act, signed into law March 27, provides an economic lifeline to millions of people who pay taxes using their Social Security number instead of the \u003ca href=\"https://www.irs.gov/individuals/individual-taxpayer-identification-number\">individual taxpayer identification number\u003c/a>, or ITIN, used by Carmen and many other undocumented immigrants.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Every eligible individual receives a $1,200 check if the person has an \u003ca href=\"https://www.npr.org/2020/03/26/822224393/show-me-the-relief-money-no-promises-on-when-coronavirus-checks-are-coming\">income of less than $75,000 \u003c/a>per year, or $2,400 if a couple files taxes jointly. If the income is higher, the amount varies. Individual taxpayers' children also qualify for $500 per child under the age of 17.\u003c/p>\n\u003cp>Carmen said she pays income tax every year using her ITIN. Before the pandemic she worked two jobs in the food industry — one at a catering company and another at a pizzeria.\u003c/p>\n\u003cp>\"This is the first time I'm home without an income,\" she said. \"I'm using my voice to advocate on behalf of my daughter.\"\u003c/p>\n\u003cp>Carmen came to the U.S. from Lima, Peru, in 2001. She said she's concerned about her and her daughter's future in this pandemic.\u003c/p>\n\u003cp>\"It's a hard reality we are living,\" she said, pleading with public officials not to abandon children like hers during the crisis. \"I hope their hearts soften and their minds open to see that our children are also the future of the country.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mary McCord is the lead attorney for the class-action lawsuit.\u003c/p>\n\u003cp>\"The lawsuit is based on the equal protection violation of the CARES Act that discriminates and excludes U.S. children,\" said McCord, a visiting professor at Georgetown University Law Center. \"It's one thing to discriminate against the undocumented immigrants, which our system does, but it's a whole different thing to discriminate against U.S. citizen children.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>McCord estimates there are millions of children of undocumented immigrants in the country and said that these youths are being \"treated as second-class citizens\" with the denial of the CARES Act benefit.\u003c/p>\n\u003cp>More importantly, McCord said, it's nonsensical to deny these U.S. citizen children the benefit of the relief package because they already qualify for other public benefit programs such as the Supplemental Nutrition Assistance Program, or SNAP benefits, as well as Temporary Assistance for Needy Families, or TANF.\u003c/p>\n\u003cp>\"Under the Constitution, U.S. citizens cannot be discriminated against based on alienage,\" McCord said. \"These children have no say in who they're born to, and yet they're being treated differently than other U.S. citizen children. And that's why so many of the other public benefits programs still do cover U.S. citizen children, because otherwise it would be discriminatory.\"\u003c/p>\n\u003cp>Nicholas Katz, CASA's senior manager of legal services, said the way the CARES Act is being implemented runs counter to its promise.\u003c/p>\n\u003cp>\"The purpose of the CARES Act is to help the most vulnerable members of our society during this difficult time,\" Katz said in written statements. \"Immigrants make up almost a fifth of [front-line] workers during this pandemic. It is an absolute outrage that we are relying on immigrant families to care for our loved ones and provide our essential supplies and yet denying their children the support they are entitled to as U.S. citizens.\"\u003c/p>\n\u003cp>This case doesn't have a precedent, though two lawsuits in Maryland and Illinois have been filed against the U.S. government on behalf of couples of mixed immigration status. They were denied CARES Act relief because one of them is an undocumented immigrant, while the other is a U.S. citizen. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cbr>\n\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Lawsuit+Alleges+CARES+Act+Excludes+U.S.+Citizen+Children+Of+Undocumented+Immigrants&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003ca href=\"#1\">\u003cem>Jump to: How to help incarcerated people right now.\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003cem>Updated on July 17 at 6:50 p.m.\u003c/em>\u003c/p>\n\u003cp>Jeremy Puckett spent 18 years in prison for a crime he did not commit. He was exonerated and walked free in Sacramento on March 13, 2020 — just days before Gov. Gavin Newsom issued a statewide shelter-in-place order.\u003c/p>\n\u003cp>“I’m happy to be home, absolutely,” Puckett said. “But there’s really not too much I can do out here because of this shelter in place.”\u003c/p>\n\u003cp>Puckett was arrested and charged with a murder robbery and sentenced to life without the possibility of parole in 2002. But over the course of the past six years, the \u003ca href=\"http://ncip.org\">Northern California Innocence Project\u003c/a> helped expose \u003ca href=\"http://ncip.org/jeremy-puckett/\">numerous problems\u003c/a> with Puckett’s prosecution that were never presented to the jury — including an alibi, a recantation from the perpetrator who originally implicated Puckett and significant evidence that included 700 pages of materials the government withheld from him.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Although happy to be home with his family in Sacramento, Puckett has entered a much different world than he’d envisioned just months ago. The coronavirus has posed unforeseen challenges — both for him and the many people he knows who are still behind bars.\u003c/p>\n\u003cp>“I’ve been dealing with problems with getting my Social Security card, my California’s driver’s license and ID as well,” he said.\u003c/p>\n\u003cp>But mostly, Puckett said he’s concerned for the safety of people who are still on the inside, including his son, who’s been quarantined in county jail.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jeremy Puckett\"]‘I’d much rather be out here dealing with this situation than dealing with it in there.’[/pullquote]\u003c/p>\n\u003cp>The quarantine was a precautionary measure after his son’s cellmate came down with a fever, but Puckett is worried because he hasn’t heard from him in more than a week.\u003c/p>\n\u003cp>Puckett said he keeps in touch with friends still in prison, some of whom have shared a variety of concerns — from losing access to law libraries that are critical to incarcerated people fighting their own court cases, to seeing some guards not wearing masks.\u003c/p>\n\u003cp>“When you’re incarcerated, you’re basically sitting in a box,” Puckett said. “There’s only so much you can do, so you know, you’re more worried about what’s coming in than what’s going out.”\u003c/p>\n\u003cp>Incarcerated people are \u003ca href=\"https://www.themarshallproject.org/2020/03/19/this-chart-shows-why-the-prison-population-is-so-vulnerable-to-covid-19\">particularly vulnerable during this pandemic\u003c/a>, and new safety measures have also limited the support they’re able to receive. In the California state prison system, for instance, all visitors, volunteers and rehabilitative program providers have been suspended since mid-March.\u003c/p>\n\u003cp>As for Puckett, the timing of his release has been bittersweet, but he’s grateful to be able to spend extra time with his sister and daughter at their home in Sacramento.\u003c/p>\n\u003cp>“I mean, it’s good and it’s bad, so I take it as it is,” he said. “But I’d much rather be out here dealing with this situation than dealing with it in there.”\u003c/p>\n\u003cp>Puckett said there are ways to make a positive impact in the lives of incarcerated people despite safety restrictions, such as writing to them or donating to organizations that are continuing to do critical work, like the\u003ca href=\"http://ncip.org\"> Innocence Project\u003c/a>.\u003c/p>\n\u003cp>Here is a list of ways you can help incarcerated people during the pandemic:\u003cbr>\n\u003ca id=\"1\">\u003c/a>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#2\">Give Money Directly\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#3\">Help People Post Bail\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#4\">Donate to Organizations Helping Incarcerated Individuals\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#5\">Send a Message of Encouragement\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#6\">Support Those Coming Out of Jail or Prison\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.themarshallproject.org/?ref=nav\">The Marshall Project\u003c/a>, a nonprofit news organization focused on criminal justice, created \u003ca href=\"https://www.themarshallproject.org/2020/05/05/covid-19-a-survival-guide-for-incarcerated-people\">a survival guide for incarcerated people \u003c/a>that gives advice for how they can protect themselves while in jail or prison.\u003c/p>\n\u003ch3>\u003ca id=\"2\">\u003c/a>Give Money Directly\u003c/h3>\n\u003cp>\u003ca href=\"https://restorecal.org/?fbclid=IwAR3jbwbIfcugrMIhkT_xMFaeupszlAlZVxbF75wIuugS6hNAPOHW4oOhHOA\">Restore Justice\u003c/a>, a Los Angeles-based nonprofit organization for criminal justice reform, organized \u003ca href=\"https://www.facebook.com/groups/823371021475580/about/\">a Facebook group\u003c/a> to help people find incarcerated individuals who need money for commissary items such as food, or hygiene products like soap and toothpaste. You can find identification information for an incarcerated person who needs money and \u003ca href=\"https://web.connectnetwork.com/deposit-money-inmate-commissary/?gclid=EAIaIQobChMIxtbIup-v6AIVjSCtBh1ecgDXEAAYASABEgLwj_D_BwE\">send it directly\u003c/a> to that person’s account.\u003c/p>\n\u003ch3>\u003ca id=\"3\">\u003c/a>Help People Post Bail\u003c/h3>\n\u003cp>Community bail funds allow people to pay their bail and await trial at home, thus reducing jail populations. \u003ca href=\"https://www.communityjusticeexchange.org/nbfn-directory\">Here is a national directory\u003c/a> of bail funds within the criminal or immigration detention systems.\u003c/p>\n\u003ch3>\u003ca id=\"4\">\u003c/a>Donate to Organizations Helping Incarcerated Individuals\u003c/h3>\n\u003cp>Some community organizations have created funds to provide personal protective equipment and hygiene supplies to incarcerated people in jails and prisons.\u003c/p>\n\u003cp>Organizations that support incarcerated people continue to do critical work, even though many of their efforts are currently hindered by health and safety precautions. Here are some local organizations that are continuing to provide support and resources:\u003c/p>\n\u003cul>\n\u003cli>Support the \u003ca href=\"http://ncip.org\">Northern California Innocence Project\u003c/a> by donating toward a variety of efforts that continue through the pandemic, including case work and client support, policy reform and virtual classroom and curriculum development. \u003ca href=\"http://ncip.org/how-to-help-while-we-shelter-in-place/\">Donate here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"https://restorecal.org\">Restore Justice\u003c/a> is accepting donations to purchase N95 masks for incarcerated people and staff at prisons. \u003ca href=\"https://restorecal.org/donate-for-covid-19/\">Donate here\u003c/a>.\u003c/li>\n\u003cli>The Science Policy Group at UCSF is currently working \u003ca href=\"https://www.kqed.org/news/11813091/hand-sanitizer-for-the-people-the-allyship-of-an-actor-and-phd-student\">on a mutual aid project\u003c/a> to distribute hand sanitizer to vulnerable populations in the Bay Area, including people who are incarcerated. \u003ca href=\"https://www.gofundme.com/f/gqgve-hand-sanitizer-for-vulnerable-groups-amid-covid19?\">Donate here\u003c/a>.\u003c/li>\n\u003cli>The \u003ca href=\"https://www.prisonlit.org\">Prisoners Literature Project\u003c/a> is currently unable to send books, for the most part, but you can still buy books through their Amazon wish list for when operations resume. \u003ca href=\"http://bit.ly/PLPwishlist\">Find it here\u003c/a>.\u003c/li>\n\u003cli>The \u003ca href=\"http://www.insightprisonproject.org\">Insight Prison Project\u003c/a>, based in San Rafael, offers programs for prisoners and parolees. \u003ca href=\"https://donatenow.networkforgood.org/insightprisonproject\">Donate here\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003ch3>\u003ca id=\"5\">\u003c/a>Send a Message of Encouragement\u003c/h3>\n\u003cp>Since health and safety precautions have limited the visitors who can come into prisons and jails, incarcerated people are now even further isolated from family, friends and volunteers. Puckett and Lori Stone, a spokesperson for the Northern California Innocence Project, said receiving mail can go a long way in helping to lift incarcerated people’s spirits, especially now.\u003c/p>\n\u003cp>“I think that writing is really awesome because, you know, everybody out here is in lockdown in the communities, but the prisons are in lockdown as well,” Stone said. “There are a lot of folks that are kind of on their own inside the prisons.”\u003c/p>\n\u003cp>To send a letter, you have to know the name and ID number of an incarcerated person. If you don’t know someone personally, you can locate a pen pal online or through an organization.\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Contact someone directly:\u003c/strong> \u003ca href=\"https://www.cdcr.ca.gov/visitors/howtocontact/\">Here’s how to contact someone\u003c/a> you already know in California state prison.\u003c/li>\n\u003cli>\u003cstrong>Find a pen pal:\u003c/strong> You can find incarcerated people in search of a pen pal through a Facebook group, including \u003ca href=\"https://www.facebook.com/prison.pen.pals.inmate.penpals/\">this one\u003c/a>, or through efforts like the \u003ca href=\"https://prisonercorrespondenceproject.com/getting-a-penpal/\">Prisoner Correspondence Project\u003c/a> or \u003ca href=\"https://writeaprisoner.com/home/faq#faq-443903\">Write a Prisoner\u003c/a>.\u003c/li>\n\u003cli>\u003cstrong>Reach out to students at San Quentin State Prison:\u003c/strong> Though the \u003ca href=\"http://www.prisonuniversityproject.org/?fbclid=IwAR2bBxaS1xPHLGiryLHCoQgSEedZYyekrKEAzEEtNrdZRw9jZJVtW-GkkLw\">Prison University Project\u003c/a> is temporarily suspending all programming at San Quentin State Prison, you can \u003ca href=\"https://www.facebook.com/Prison.University.Project/posts/10156795907691932?__tn__=-R\">send a message\u003c/a> to students at info@prisonuniversityproject.org, with the subject heading “Message to Students.”\u003c/li>\n\u003cli>\u003cstrong>Go through the Innocence Project:\u003c/strong> One Innocence Project client, Darrill Henry, had his conviction overturned in April, and he’s now awaiting his new trial from Louisiana State Penitentiary. Send him a message \u003ca href=\"https://www.innocenceproject.org/petitions/send-a-note-to-darrill/\">here\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003ch3>\u003ca id=\"6\">\u003c/a>Support People Released From Jail or Prison\u003c/h3>\n\u003cp>In April, California state prison officials \u003ca href=\"https://www.kqed.org/news/11811822/amid-pandemic-state-releases-thousands-of-prisoners-but-will-they-have-support-at-home\">began the early release\u003c/a> of roughly 3,500 nonviolent offenders — mostly those within 60 days of their release date or who had already been granted parole — to help alleviate crowding amid the coronavirus pandemic. Local jails have also released thousands of low-level inmates.\u003c/p>\n\u003cp>[aside tag=\"san-quentin\" label=\"outbreak at san quentin\"]\u003c/p>\n\u003cp>Recently, an outbreak that has grown to\u003ca href=\"https://www.kqed.org/news/11827695/pressure-mounts-for-newsom-to-release-vulnerable-incarcerated-people\"> more than 2,300 cases\u003c/a> of COVID-19 in the state’s network of prisons has worried public health officials about the impact on prisoners, staff and the wider hospital system in Bay Area. Gov. Newsom announced July 10 that California will release 8,000 people incarcerated in the state’s prison system.\u003c/p>\n\u003cp>And advocates are\u003ca href=\"https://www.kqed.org/news/11811822/amid-pandemic-state-releases-thousands-of-prisoners-but-will-they-have-support-at-home\"> concerned\u003c/a> that those who are released won’t have the resources to stay healthy or face the increased challenges the pandemic poses in finding housing, work and even basic needs. Here are some organizations providing support:\u003c/p>\n\u003cul>\n\u003cli>The \u003ca href=\"https://www.ca-reentry.org\">California Reentry Program \u003c/a>aims to reduce recidivism by supporting incarcerated people at San Quentin with education and resources before being released — and then continuing to support them afterwards. “We are here to help people get out and get home,” said the program’s executive director, Judith Tata, in an email. \u003ca href=\"https://www.ca-reentry.org/donate\">Donate here\u003c/a>.\u003c/li>\n\u003cli>The \u003ca href=\"https://northoaklandrestorativejustice.wordpress.com\">North Oakland Restorative Justice Council\u003c/a> has been regularly accepting in-person donations to support people returning to their communities from prison or jail. Visit the group’s \u003ca href=\"https://www.facebook.com/NorthOaklandRestorativeJustice/\">Facebook page\u003c/a> for more details.\u003c/li>\n\u003cli>The \u003ca href=\"https://www.prisonerreentrynetwork.org\">Prison Reentry Network\u003c/a>, an Oakland-based nonprofit, helps pay rent for formerly incarcerated people’. \u003ca href=\"https://www.prisonerreentrynetwork.org/donate\">Donate here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"https://www.siliconvalleydebug.org\">Silicon Valley De-Bug\u003c/a> is a San Jose-based criminal justice advocacy organization that is providing support to people being released from Santa Clara jails. \u003ca href=\"https://www.razoo.com/story/Silicon-Valley-De-Bug\">Donate here\u003c/a>.\u003c/li>\n\u003cli>Oakland-based nonprofit \u003ca href=\"https://prisonerswithchildren.org\">Legal Services for Prisoners with Children\u003c/a> started an emergency fund for people recently released from incarceration and their families. \u003ca href=\"https://www.kqed.org/news/11812557/oakland-nonprofit-helping-to-house-those-released-from-jail-amid-pandemic\">Read KQED’s coverage\u003c/a> or \u003ca href=\"https://prisonerswithchildren.ourpowerbase.net/civicrm/contribute/transact?reset=1&id=1\">donate here\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Know of other ways to help or organizations that are supporting the incarcerated population right now? Email agarces@kqed.org.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The quarantine was a precautionary measure after his son’s cellmate came down with a fever, but Puckett is worried because he hasn’t heard from him in more than a week.\u003c/p>\n\u003cp>Puckett said he keeps in touch with friends still in prison, some of whom have shared a variety of concerns — from losing access to law libraries that are critical to incarcerated people fighting their own court cases, to seeing some guards not wearing masks.\u003c/p>\n\u003cp>“When you’re incarcerated, you’re basically sitting in a box,” Puckett said. “There’s only so much you can do, so you know, you’re more worried about what’s coming in than what’s going out.”\u003c/p>\n\u003cp>Incarcerated people are \u003ca href=\"https://www.themarshallproject.org/2020/03/19/this-chart-shows-why-the-prison-population-is-so-vulnerable-to-covid-19\">particularly vulnerable during this pandemic\u003c/a>, and new safety measures have also limited the support they’re able to receive. In the California state prison system, for instance, all visitors, volunteers and rehabilitative program providers have been suspended since mid-March.\u003c/p>\n\u003cp>As for Puckett, the timing of his release has been bittersweet, but he’s grateful to be able to spend extra time with his sister and daughter at their home in Sacramento.\u003c/p>\n\u003cp>“I mean, it’s good and it’s bad, so I take it as it is,” he said. “But I’d much rather be out here dealing with this situation than dealing with it in there.”\u003c/p>\n\u003cp>Puckett said there are ways to make a positive impact in the lives of incarcerated people despite safety restrictions, such as writing to them or donating to organizations that are continuing to do critical work, like the\u003ca href=\"http://ncip.org\"> Innocence Project\u003c/a>.\u003c/p>\n\u003cp>Here is a list of ways you can help incarcerated people during the pandemic:\u003cbr>\n\u003ca id=\"1\">\u003c/a>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#2\">Give Money Directly\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#3\">Help People Post Bail\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#4\">Donate to Organizations Helping Incarcerated Individuals\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#5\">Send a Message of Encouragement\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#6\">Support Those Coming Out of Jail or Prison\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.themarshallproject.org/?ref=nav\">The Marshall Project\u003c/a>, a nonprofit news organization focused on criminal justice, created \u003ca href=\"https://www.themarshallproject.org/2020/05/05/covid-19-a-survival-guide-for-incarcerated-people\">a survival guide for incarcerated people \u003c/a>that gives advice for how they can protect themselves while in jail or prison.\u003c/p>\n\u003ch3>\u003ca id=\"2\">\u003c/a>Give Money Directly\u003c/h3>\n\u003cp>\u003ca href=\"https://restorecal.org/?fbclid=IwAR3jbwbIfcugrMIhkT_xMFaeupszlAlZVxbF75wIuugS6hNAPOHW4oOhHOA\">Restore Justice\u003c/a>, a Los Angeles-based nonprofit organization for criminal justice reform, organized \u003ca href=\"https://www.facebook.com/groups/823371021475580/about/\">a Facebook group\u003c/a> to help people find incarcerated individuals who need money for commissary items such as food, or hygiene products like soap and toothpaste. You can find identification information for an incarcerated person who needs money and \u003ca href=\"https://web.connectnetwork.com/deposit-money-inmate-commissary/?gclid=EAIaIQobChMIxtbIup-v6AIVjSCtBh1ecgDXEAAYASABEgLwj_D_BwE\">send it directly\u003c/a> to that person’s account.\u003c/p>\n\u003ch3>\u003ca id=\"3\">\u003c/a>Help People Post Bail\u003c/h3>\n\u003cp>Community bail funds allow people to pay their bail and await trial at home, thus reducing jail populations. \u003ca href=\"https://www.communityjusticeexchange.org/nbfn-directory\">Here is a national directory\u003c/a> of bail funds within the criminal or immigration detention systems.\u003c/p>\n\u003ch3>\u003ca id=\"4\">\u003c/a>Donate to Organizations Helping Incarcerated Individuals\u003c/h3>\n\u003cp>Some community organizations have created funds to provide personal protective equipment and hygiene supplies to incarcerated people in jails and prisons.\u003c/p>\n\u003cp>Organizations that support incarcerated people continue to do critical work, even though many of their efforts are currently hindered by health and safety precautions. Here are some local organizations that are continuing to provide support and resources:\u003c/p>\n\u003cul>\n\u003cli>Support the \u003ca href=\"http://ncip.org\">Northern California Innocence Project\u003c/a> by donating toward a variety of efforts that continue through the pandemic, including case work and client support, policy reform and virtual classroom and curriculum development. \u003ca href=\"http://ncip.org/how-to-help-while-we-shelter-in-place/\">Donate here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"https://restorecal.org\">Restore Justice\u003c/a> is accepting donations to purchase N95 masks for incarcerated people and staff at prisons. \u003ca href=\"https://restorecal.org/donate-for-covid-19/\">Donate here\u003c/a>.\u003c/li>\n\u003cli>The Science Policy Group at UCSF is currently working \u003ca href=\"https://www.kqed.org/news/11813091/hand-sanitizer-for-the-people-the-allyship-of-an-actor-and-phd-student\">on a mutual aid project\u003c/a> to distribute hand sanitizer to vulnerable populations in the Bay Area, including people who are incarcerated. \u003ca href=\"https://www.gofundme.com/f/gqgve-hand-sanitizer-for-vulnerable-groups-amid-covid19?\">Donate here\u003c/a>.\u003c/li>\n\u003cli>The \u003ca href=\"https://www.prisonlit.org\">Prisoners Literature Project\u003c/a> is currently unable to send books, for the most part, but you can still buy books through their Amazon wish list for when operations resume. \u003ca href=\"http://bit.ly/PLPwishlist\">Find it here\u003c/a>.\u003c/li>\n\u003cli>The \u003ca href=\"http://www.insightprisonproject.org\">Insight Prison Project\u003c/a>, based in San Rafael, offers programs for prisoners and parolees. \u003ca href=\"https://donatenow.networkforgood.org/insightprisonproject\">Donate here\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003ch3>\u003ca id=\"5\">\u003c/a>Send a Message of Encouragement\u003c/h3>\n\u003cp>Since health and safety precautions have limited the visitors who can come into prisons and jails, incarcerated people are now even further isolated from family, friends and volunteers. Puckett and Lori Stone, a spokesperson for the Northern California Innocence Project, said receiving mail can go a long way in helping to lift incarcerated people’s spirits, especially now.\u003c/p>\n\u003cp>“I think that writing is really awesome because, you know, everybody out here is in lockdown in the communities, but the prisons are in lockdown as well,” Stone said. “There are a lot of folks that are kind of on their own inside the prisons.”\u003c/p>\n\u003cp>To send a letter, you have to know the name and ID number of an incarcerated person. If you don’t know someone personally, you can locate a pen pal online or through an organization.\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>Contact someone directly:\u003c/strong> \u003ca href=\"https://www.cdcr.ca.gov/visitors/howtocontact/\">Here’s how to contact someone\u003c/a> you already know in California state prison.\u003c/li>\n\u003cli>\u003cstrong>Find a pen pal:\u003c/strong> You can find incarcerated people in search of a pen pal through a Facebook group, including \u003ca href=\"https://www.facebook.com/prison.pen.pals.inmate.penpals/\">this one\u003c/a>, or through efforts like the \u003ca href=\"https://prisonercorrespondenceproject.com/getting-a-penpal/\">Prisoner Correspondence Project\u003c/a> or \u003ca href=\"https://writeaprisoner.com/home/faq#faq-443903\">Write a Prisoner\u003c/a>.\u003c/li>\n\u003cli>\u003cstrong>Reach out to students at San Quentin State Prison:\u003c/strong> Though the \u003ca href=\"http://www.prisonuniversityproject.org/?fbclid=IwAR2bBxaS1xPHLGiryLHCoQgSEedZYyekrKEAzEEtNrdZRw9jZJVtW-GkkLw\">Prison University Project\u003c/a> is temporarily suspending all programming at San Quentin State Prison, you can \u003ca href=\"https://www.facebook.com/Prison.University.Project/posts/10156795907691932?__tn__=-R\">send a message\u003c/a> to students at info@prisonuniversityproject.org, with the subject heading “Message to Students.”\u003c/li>\n\u003cli>\u003cstrong>Go through the Innocence Project:\u003c/strong> One Innocence Project client, Darrill Henry, had his conviction overturned in April, and he’s now awaiting his new trial from Louisiana State Penitentiary. Send him a message \u003ca href=\"https://www.innocenceproject.org/petitions/send-a-note-to-darrill/\">here\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003ch3>\u003ca id=\"6\">\u003c/a>Support People Released From Jail or Prison\u003c/h3>\n\u003cp>In April, California state prison officials \u003ca href=\"https://www.kqed.org/news/11811822/amid-pandemic-state-releases-thousands-of-prisoners-but-will-they-have-support-at-home\">began the early release\u003c/a> of roughly 3,500 nonviolent offenders — mostly those within 60 days of their release date or who had already been granted parole — to help alleviate crowding amid the coronavirus pandemic. Local jails have also released thousands of low-level inmates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Recently, an outbreak that has grown to\u003ca href=\"https://www.kqed.org/news/11827695/pressure-mounts-for-newsom-to-release-vulnerable-incarcerated-people\"> more than 2,300 cases\u003c/a> of COVID-19 in the state’s network of prisons has worried public health officials about the impact on prisoners, staff and the wider hospital system in Bay Area. Gov. Newsom announced July 10 that California will release 8,000 people incarcerated in the state’s prison system.\u003c/p>\n\u003cp>And advocates are\u003ca href=\"https://www.kqed.org/news/11811822/amid-pandemic-state-releases-thousands-of-prisoners-but-will-they-have-support-at-home\"> concerned\u003c/a> that those who are released won’t have the resources to stay healthy or face the increased challenges the pandemic poses in finding housing, work and even basic needs. Here are some organizations providing support:\u003c/p>\n\u003cul>\n\u003cli>The \u003ca href=\"https://www.ca-reentry.org\">California Reentry Program \u003c/a>aims to reduce recidivism by supporting incarcerated people at San Quentin with education and resources before being released — and then continuing to support them afterwards. “We are here to help people get out and get home,” said the program’s executive director, Judith Tata, in an email. \u003ca href=\"https://www.ca-reentry.org/donate\">Donate here\u003c/a>.\u003c/li>\n\u003cli>The \u003ca href=\"https://northoaklandrestorativejustice.wordpress.com\">North Oakland Restorative Justice Council\u003c/a> has been regularly accepting in-person donations to support people returning to their communities from prison or jail. Visit the group’s \u003ca href=\"https://www.facebook.com/NorthOaklandRestorativeJustice/\">Facebook page\u003c/a> for more details.\u003c/li>\n\u003cli>The \u003ca href=\"https://www.prisonerreentrynetwork.org\">Prison Reentry Network\u003c/a>, an Oakland-based nonprofit, helps pay rent for formerly incarcerated people’. \u003ca href=\"https://www.prisonerreentrynetwork.org/donate\">Donate here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"https://www.siliconvalleydebug.org\">Silicon Valley De-Bug\u003c/a> is a San Jose-based criminal justice advocacy organization that is providing support to people being released from Santa Clara jails. \u003ca href=\"https://www.razoo.com/story/Silicon-Valley-De-Bug\">Donate here\u003c/a>.\u003c/li>\n\u003cli>Oakland-based nonprofit \u003ca href=\"https://prisonerswithchildren.org\">Legal Services for Prisoners with Children\u003c/a> started an emergency fund for people recently released from incarceration and their families. \u003ca href=\"https://www.kqed.org/news/11812557/oakland-nonprofit-helping-to-house-those-released-from-jail-amid-pandemic\">Read KQED’s coverage\u003c/a> or \u003ca href=\"https://prisonerswithchildren.ourpowerbase.net/civicrm/contribute/transact?reset=1&id=1\">donate here\u003c/a>.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Know of other ways to help or organizations that are supporting the incarcerated population right now? Email agarces@kqed.org.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 6:03 p.m.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">More than 370 inmates\u003c/a> and at least \u003ca href=\"https://www.cdcr.ca.gov/covid19/cdcr-cchcs-covid-19-status/\">164 staff\u003c/a> members at California state prisons are now infected with the coronavirus — the majority at a single prison in Chino, where hundreds more test results are pending.\u003c/p>\n\u003cp>In all, 247 prisoners at the California Institution for Men (CIM) in San Bernardino County have tested positive for COVID-19, along with 44 staff members. One inmate has died, while four have been released.\u003c/p>\n\u003cp>But the outbreak at CIM stands to be much larger: Prison officials said another 287 inmates have tests pending, with results expected over the coming days.\u003c/p>\n\u003cp>CIM is one of two state prisons where more widespread testing is underway: California Men’s Colony in San Luis Obispo County, where only 11 prisoners and two staff members have so far tested positive, conducted tests of 230 inmates on Monday alone, California Department of Corrections and Rehabilitation spokeswoman Dana Simas said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>California State Prison, Los Angeles County also has a cluster of more than 100 inmate cases of COVID-19.\u003c/p>\n\u003cp>In a statement, Simas said the uptick in cases at CIM is the result of expanded testing of asymptomatic prisoners.\u003c/p>\n\u003cp>“These asymptomatic patients do not represent a new outbreak,” she said. “The testing data will help us identify who is negative and help us identify better medical care and housing needs for those who are positive.”\u003c/p>\n\u003cp>Kate Chatfield, who advocates for prisoners, rejected that argument outright.\u003c/p>\n\u003cp>“The fact that infections are spreading is not a result, of course, as we know, of testing — it is rather a result of inaction on the part of the Newsom administration and CDCR,” said Chatfield, a senior policy adviser at the Justice Collaborative, which works to reduce incarceration.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"california-prisons\"]\u003c/p>\n\u003cp>Chatfield said prison officials need to release far more elderly and low-risk inmates than the 3,500 prisoners already sent home over the past few months. She warned that infections inside prisons won’t stay inside the facility.\u003c/p>\n\u003cp>“We cannot reopen our economy as people want unless and until we limit the spread of this infection, and we can’t limit the spread of the infection unless and until we engage in measures to depopulate our prisons and jails that are now vectors for the infection,” Chatfield said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>She said the virus will inevitably spread outside of prisons and into California communities without effective social distancing measures inside lockups — and that to institute social distancing, prisons need to be far less crowded.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 6:03 p.m.\u003c/em>\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">More than 370 inmates\u003c/a> and at least \u003ca href=\"https://www.cdcr.ca.gov/covid19/cdcr-cchcs-covid-19-status/\">164 staff\u003c/a> members at California state prisons are now infected with the coronavirus — the majority at a single prison in Chino, where hundreds more test results are pending.\u003c/p>\n\u003cp>In all, 247 prisoners at the California Institution for Men (CIM) in San Bernardino County have tested positive for COVID-19, along with 44 staff members. One inmate has died, while four have been released.\u003c/p>\n\u003cp>But the outbreak at CIM stands to be much larger: Prison officials said another 287 inmates have tests pending, with results expected over the coming days.\u003c/p>\n\u003cp>CIM is one of two state prisons where more widespread testing is underway: California Men’s Colony in San Luis Obispo County, where only 11 prisoners and two staff members have so far tested positive, conducted tests of 230 inmates on Monday alone, California Department of Corrections and Rehabilitation spokeswoman Dana Simas said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>California State Prison, Los Angeles County also has a cluster of more than 100 inmate cases of COVID-19.\u003c/p>\n\u003cp>In a statement, Simas said the uptick in cases at CIM is the result of expanded testing of asymptomatic prisoners.\u003c/p>\n\u003cp>“These asymptomatic patients do not represent a new outbreak,” she said. “The testing data will help us identify who is negative and help us identify better medical care and housing needs for those who are positive.”\u003c/p>\n\u003cp>Kate Chatfield, who advocates for prisoners, rejected that argument outright.\u003c/p>\n\u003cp>“The fact that infections are spreading is not a result, of course, as we know, of testing — it is rather a result of inaction on the part of the Newsom administration and CDCR,” said Chatfield, a senior policy adviser at the Justice Collaborative, which works to reduce incarceration.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Chatfield said prison officials need to release far more elderly and low-risk inmates than the 3,500 prisoners already sent home over the past few months. She warned that infections inside prisons won’t stay inside the facility.\u003c/p>\n\u003cp>“We cannot reopen our economy as people want unless and until we limit the spread of this infection, and we can’t limit the spread of the infection unless and until we engage in measures to depopulate our prisons and jails that are now vectors for the infection,” Chatfield said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>She said the virus will inevitably spread outside of prisons and into California communities without effective social distancing measures inside lockups — and that to institute social distancing, prisons need to be far less crowded.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>In a case that strikes at the heart of the gig economy, California Attorney General Xavier Becerra and city attorneys from around the state \u003ca href=\"https://www.kqed.org/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification\">sued Uber and Lyft over their use of contractors\u003c/a>.\u003c/p>\n\u003cp>The ride-hailing technology companies have built their business model around treating drivers as contractors, or \"gig workers.\"\u003c/p>\n\u003cp>Uber and Lyft argue they don't have to abide by worker protections the same as if they employed hundreds of thousands of drivers.\u003c/p>\n\u003cp>Enter California's Assembly Bill 5 and the legal team headed by the state's attorney general.\u003c/p>\n\u003cp>This battle has been exacerbated by our cratering economy, which has left thousands of drivers with no income.\u003c/p>\n\u003cp>That social safety net suddenly seems a little more complicated when huge tech companies don't pay into the state's unemployment fund, no?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a case that strikes at the heart of the gig economy, California Attorney General Xavier Becerra and city attorneys from around the state \u003ca href=\"https://www.kqed.org/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification\">sued Uber and Lyft over their use of contractors\u003c/a>.\u003c/p>\n\u003cp>The ride-hailing technology companies have built their business model around treating drivers as contractors, or \"gig workers.\"\u003c/p>\n\u003cp>Uber and Lyft argue they don't have to abide by worker protections the same as if they employed hundreds of thousands of drivers.\u003c/p>\n\u003cp>Enter California's Assembly Bill 5 and the legal team headed by the state's attorney general.\u003c/p>\n\u003cp>This battle has been exacerbated by our cratering economy, which has left thousands of drivers with no income.\u003c/p>\n\u003cp>That social safety net suddenly seems a little more complicated when huge tech companies don't pay into the state's unemployment fund, no?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Since Uber and Lyft launched almost a decade ago, their drivers have lacked most basic worker protections, including a guaranteed minimum wage, overtime pay, workers’ compensation and unemployment insurance.\u003c/p>\n\u003cp>That’s because, from the onset, the two ride-hailing giants categorized drivers as independent contractors rather than employees, a tactic adopted by subsequent startups like DoorDash, Postmates and Instacart. It’s at the heart of the business model that fuels what is now called the “gig economy.”\u003c/p>\n\u003cp>And for years, drivers and other workers in the gig economy have been fighting to be recognized as employees and have pushed to get the backing of lawmakers.\u003c/p>\n\u003cp>On Tuesday, they scored a big victory.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra, joined by city attorneys in San Francisco, Los Angeles, San Diego and other jurisdictions across the state, filed a lawsuit against Uber and Lyft over their use of contractors. The suit aims to force the two companies to recognize their workers as employees under the authority of Assembly Bill 5, \u003ca href=\"https://www.kqed.org/news/11773833/california-legislature-passes-ab-5-but-uber-says-it-might-refuse-to-follow-it\">a state law\u003c/a> that went into effect this year that significantly limits which workers can be classified as contractors.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"California Attorney General Xavier Becerra\"]‘Sometimes it takes a pandemic to shake us into realizing what [worker classification] really means and who suffers the consequences of it.’[/pullquote]In announcing the lawsuit, Becerra outlined its three goals: to stop misclassifying workers, assign penalties and seek restitution.\u003c/p>\n\u003cp>The litigation, he said, is based on the premise of “unfair competition” — which asserts that Uber and Lyft have an advantage over other businesses that are following the law and providing their workers with employee protections.\u003c/p>\n\u003cp>If the effort is successful, the two companies could be forced to pay a penalty of as much as $2,500 per driver, which would amount to billions of dollars.\u003c/p>\n\u003cp>“These companies are willing to take these workers’ labor as drivers,” Becerra said at a press conference Tuesday. “But they don’t want to accept the worker protections that should go with that work, as these employees should get.”\u003c/p>\n\u003cp>In a statement sent to KQED, Lyft said, “We are looking forward to working with the Attorney General and mayors across the state to bring all the benefits of California’s innovation economy to as many workers as possible.” Uber said it would contest the suit in court.\u003c/p>\n\u003cp>The lack of protections for Uber and Lyft drivers has come to a head in the current pandemic. Stay-at-home orders have left hundreds of thousands of ride-hail drivers in California with little to no work, forcing them to apply for unemployment benefits. But because of their status as contractors, they have never paid into the state’s unemployment fund. And that means \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\" rel=\"noopener\">the state is currently covering the cost\u003c/a>.\u003c/p>\n\u003cp>Becerra said the lawsuit has been in the works for months, but admits that the pandemic sped up the process. Of worker misclassification, he said, “Sometimes it takes a pandemic to shake us into realizing what that really means and who suffers the consequences of it.”\u003c/p>\n\u003cp>The lawsuit is another step in a years-long legal battle over gig worker classification in California, one that has involved the state’s Supreme Court, Legislature and now, its executive branch.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But workers have been arguing that they are employees, not contractors, since the inception of Uber and Lyft. For years, the companies have used arbitration clauses in their contracts to resolve any worker claims behind closed doors.\u003c/p>\n\u003cp>But in 2018, the state Supreme Court issued a ruling, known as “Dynamex,” making it harder for companies to classify their workers as contractors. AB 5 codified that ruling.\u003c/p>\n\u003cp>Since the law took effect in January, however, many gig companies have fought in court against the law’s application and continued to treat their workers as contractors.\u003c/p>\n\u003cp>Drivers like Al Aloudi, who works for Uber and Lyft in the Bay Area, are fed up with how long it has taken the government to recognize what he says has been hurting workers for nearly a decade. Soon after he began driving for Uber and Lyft in 2013, Aloudi began organizing other drivers.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"ab-5\"]“We know always that Uber and Lyft don’t obey the law,” Aloudi said. “They move so fast. The government is always going slowly.”\u003c/p>\n\u003cp>Aloudi said he is happy that the state is finally taking action on AB 5, albeit five months after it became law. He hopes this lawsuit compels the companies to finally start paying for basic worker protections. But he said he’s also concerned it will get snared in the court system and drag on at a time when so many drivers desperately need protections and benefits.\u003c/p>\n\u003cp>“Uber and Lyft have a giant army of attorneys,” Aloudi said. “I worry this could last for months or years. … Maybe I won’t see AB 5 in my lifetime. But I hope my kids at least do.”\u003c/p>\n\u003cp>Becerra and city attorneys said they were more hopeful about a speedy resolution. And although no timeframe has yet been laid out, they are seeking an injunction to immediately halt worker misclassification. \u003ca href=\"https://www.sfcityattorney.org/wp-content/uploads/2020/05/2020-05-05-Complaint-Filed.pdf\">A full copy of the lawsuit is available here.\u003c/a>\u003c/p>\n\u003cp>Although the litigation only targets Uber and Lyft, city attorneys on Tuesday suggested it could impact the entire gig economy.\u003c/p>\n\u003cp>“This lawsuit is going to have a ripple effect that radiates out through the gig economy,” Los Angeles City Attorney Mike Feuer said.\u003c/p>\n\u003cp>“Often the language we use here gets kind of sanitized,” Feuer added. “Misclassification means cheating. We are here to assure that no company gets an unfair advantage, particularly at the expense of the workers they employ and the taxpayers on whom all of us rely.”\u003c/p>\n\u003cp>San Francisco City Attorney Dennis Herrera said he hoped the lawsuit would help curb a disturbing trend in businesses, particularly those in Silicon Valley.\u003c/p>\n\u003cp>“Hopefully we are going to bring an end … to the mindset that has developed over the last 10 years or so that you don’t have to ask permission, you just need to ask for forgiveness,” Herrera said. “Responsible business leaders know that there’s a way to conduct yourself and a way not to. Folks like us shouldn’t be forced to have to bring repetitive actions to make sure companies are adhering to the law and acting in a responsible way.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Since Uber and Lyft launched almost a decade ago, their drivers have lacked most basic worker protections, including a guaranteed minimum wage, overtime pay, workers’ compensation and unemployment insurance.\u003c/p>\n\u003cp>That’s because, from the onset, the two ride-hailing giants categorized drivers as independent contractors rather than employees, a tactic adopted by subsequent startups like DoorDash, Postmates and Instacart. It’s at the heart of the business model that fuels what is now called the “gig economy.”\u003c/p>\n\u003cp>And for years, drivers and other workers in the gig economy have been fighting to be recognized as employees and have pushed to get the backing of lawmakers.\u003c/p>\n\u003cp>On Tuesday, they scored a big victory.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra, joined by city attorneys in San Francisco, Los Angeles, San Diego and other jurisdictions across the state, filed a lawsuit against Uber and Lyft over their use of contractors. The suit aims to force the two companies to recognize their workers as employees under the authority of Assembly Bill 5, \u003ca href=\"https://www.kqed.org/news/11773833/california-legislature-passes-ab-5-but-uber-says-it-might-refuse-to-follow-it\">a state law\u003c/a> that went into effect this year that significantly limits which workers can be classified as contractors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In announcing the lawsuit, Becerra outlined its three goals: to stop misclassifying workers, assign penalties and seek restitution.\u003c/p>\n\u003cp>The litigation, he said, is based on the premise of “unfair competition” — which asserts that Uber and Lyft have an advantage over other businesses that are following the law and providing their workers with employee protections.\u003c/p>\n\u003cp>If the effort is successful, the two companies could be forced to pay a penalty of as much as $2,500 per driver, which would amount to billions of dollars.\u003c/p>\n\u003cp>“These companies are willing to take these workers’ labor as drivers,” Becerra said at a press conference Tuesday. “But they don’t want to accept the worker protections that should go with that work, as these employees should get.”\u003c/p>\n\u003cp>In a statement sent to KQED, Lyft said, “We are looking forward to working with the Attorney General and mayors across the state to bring all the benefits of California’s innovation economy to as many workers as possible.” Uber said it would contest the suit in court.\u003c/p>\n\u003cp>The lack of protections for Uber and Lyft drivers has come to a head in the current pandemic. Stay-at-home orders have left hundreds of thousands of ride-hail drivers in California with little to no work, forcing them to apply for unemployment benefits. But because of their status as contractors, they have never paid into the state’s unemployment fund. And that means \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\" rel=\"noopener\">the state is currently covering the cost\u003c/a>.\u003c/p>\n\u003cp>Becerra said the lawsuit has been in the works for months, but admits that the pandemic sped up the process. Of worker misclassification, he said, “Sometimes it takes a pandemic to shake us into realizing what that really means and who suffers the consequences of it.”\u003c/p>\n\u003cp>The lawsuit is another step in a years-long legal battle over gig worker classification in California, one that has involved the state’s Supreme Court, Legislature and now, its executive branch.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But workers have been arguing that they are employees, not contractors, since the inception of Uber and Lyft. For years, the companies have used arbitration clauses in their contracts to resolve any worker claims behind closed doors.\u003c/p>\n\u003cp>But in 2018, the state Supreme Court issued a ruling, known as “Dynamex,” making it harder for companies to classify their workers as contractors. AB 5 codified that ruling.\u003c/p>\n\u003cp>Since the law took effect in January, however, many gig companies have fought in court against the law’s application and continued to treat their workers as contractors.\u003c/p>\n\u003cp>Drivers like Al Aloudi, who works for Uber and Lyft in the Bay Area, are fed up with how long it has taken the government to recognize what he says has been hurting workers for nearly a decade. Soon after he began driving for Uber and Lyft in 2013, Aloudi began organizing other drivers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We know always that Uber and Lyft don’t obey the law,” Aloudi said. “They move so fast. The government is always going slowly.”\u003c/p>\n\u003cp>Aloudi said he is happy that the state is finally taking action on AB 5, albeit five months after it became law. He hopes this lawsuit compels the companies to finally start paying for basic worker protections. But he said he’s also concerned it will get snared in the court system and drag on at a time when so many drivers desperately need protections and benefits.\u003c/p>\n\u003cp>“Uber and Lyft have a giant army of attorneys,” Aloudi said. “I worry this could last for months or years. … Maybe I won’t see AB 5 in my lifetime. But I hope my kids at least do.”\u003c/p>\n\u003cp>Becerra and city attorneys said they were more hopeful about a speedy resolution. And although no timeframe has yet been laid out, they are seeking an injunction to immediately halt worker misclassification. \u003ca href=\"https://www.sfcityattorney.org/wp-content/uploads/2020/05/2020-05-05-Complaint-Filed.pdf\">A full copy of the lawsuit is available here.\u003c/a>\u003c/p>\n\u003cp>Although the litigation only targets Uber and Lyft, city attorneys on Tuesday suggested it could impact the entire gig economy.\u003c/p>\n\u003cp>“This lawsuit is going to have a ripple effect that radiates out through the gig economy,” Los Angeles City Attorney Mike Feuer said.\u003c/p>\n\u003cp>“Often the language we use here gets kind of sanitized,” Feuer added. “Misclassification means cheating. We are here to assure that no company gets an unfair advantage, particularly at the expense of the workers they employ and the taxpayers on whom all of us rely.”\u003c/p>\n\u003cp>San Francisco City Attorney Dennis Herrera said he hoped the lawsuit would help curb a disturbing trend in businesses, particularly those in Silicon Valley.\u003c/p>\n\u003cp>“Hopefully we are going to bring an end … to the mindset that has developed over the last 10 years or so that you don’t have to ask permission, you just need to ask for forgiveness,” Herrera said. “Responsible business leaders know that there’s a way to conduct yourself and a way not to. Folks like us shouldn’t be forced to have to bring repetitive actions to make sure companies are adhering to the law and acting in a responsible way.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>After nearly two months of applications and appeals, some Uber and Lyft drivers are getting unemployment insurance. But Lyft and Uber have not paid a cent into the state’s unemployment fund because the gig companies have continued to classify their drivers as contractors. That means California is going to pay the bill.\u003c/p>\n\u003cp>Lyft and Uber have claimed to have over 500,000 drivers in California. Depending on how long the pandemic lasts, covering the tab on their unemployment could cost the state hundreds of millions or even more than a billion dollars.\u003c/p>\n\u003cp>Over the last few weeks, Uber and Lyft \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\">drivers have been getting conflicting advice about whether to apply for pandemic unemployment assistance (PUA) for independent contractors, or unemployment insurance (UI) for employees.\u003c/a>\u003c/p>\n\u003cp>PUA is funded by the federal government, while UI is a state program that employers pay into. Since there is no legal question over classification, getting PUA is less complicated, but UI offers almost certainly more money and potentially more long-term security.\u003c/p>\n\u003cp>Aside from the monetary implications, there’s a looming legal question. In January, California \u003ca href=\"https://www.kqed.org/news/11773942/the-gig-is-up-california-lawmakers-pass-protections-for-gig-workers\">Assembly Bill 5\u003c/a> became law, which makes it harder for companies to classify workers as contractors and avoid paying for things like workers’ compensation or unemployment insurance. But even with AB 5, Lyft and Uber have continued to classify their workers as contractors and avoid paying into the state’s unemployment fund.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Labor advocates worry that if drivers opt for PUA, which is a more straightforward process than getting UI, it will lend credence to the argument Uber and Lyft are making that their workers are indeed contractors, not employees.\u003c/p>\n\u003cp>Drivers are stuck in the middle of it all. It has been two months already with little to no work — and there’s no prospect of that changing anytime soon.\u003c/p>\n\u003ch3>\u003cstrong>Caught in the Middle\u003c/strong>\u003c/h3>\n\u003cp>Maia Wagle, a Los Angeles-based Lyft driver, has been trying to get unemployment insurance since early March.\u003c/p>\n\u003cp>She has filled out numerous online forms, sent in documents and called the agency multiple times a day. Late last week, she finally got a hold of someone at California’s Employment Development Department (EDD).\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Maia Wagle, a Los Angeles-based Lyft driver\"]‘What am I going to do? I have to pay rent. I have to pay bills. I am just swimming here. So I am just going to take the bone that I am thrown. ‘[/pullquote]\u003c/p>\n\u003cp>Wagle said the woman on the phone, after looking at her application, said, “Oh well you should just do PUA, it will be faster.”\u003c/p>\n\u003cp>Wagle disagreed. “I said, ‘No, like, I really do qualify for unemployment insurance under AB 5,’ ” she said.\u003c/p>\n\u003cp>Wagle went back and forth with the woman on the phone. “Then finally she says, ‘Listen, you want my advice, just apply for the PUA. It’s going to take time. What are you going to do? Are you going to get a lawyer, try to like fight your case for you?’ ”\u003c/p>\n\u003cp>There are numerous reasons drivers like Wagle want state unemployment insurance instead of PUA.\u003c/p>\n\u003cp>First, it’s almost certainly more money. UI is awarded based on gross income, how much total income you bring in before expenses. PUA is calculated on net earnings, what you earn after all expenses are deducted. In both case, higher earnings equal more benefits. Drivers have tons of expenses — gas, wear and tear on their car, phone bills — meaning their gross is much higher than their net earnings, which means they would earn more money through UI instead of PUA.\u003c/p>\n\u003cp>Second, there’s concern over how long the PUA funding will last compared to UI benefits. Both are set at 39 weeks right now, but it would be up to the federal government to extend PUA and up to California to extend UI. Drivers worry that if the pandemic continues, the federal government will be less likely than California to extend the assistance.\u003c/p>\n\u003cp>There’s also a question of who pays for the benefits. UI is covered in part by employers, and PUA money is coming from the federal government. Wagel considers herself a Lyft employee, so she says it is only fair that her employer pays some of the cost instead of federal tax payers. Since Lyft and Uber haven’t paid into the unemployment fund yet, the state would cover the costs, but it would be known that the companies owe California that money.\u003c/p>\n\u003cp>For these reasons, Wagel has been resisting the temptation of applying for PUA and fighting to get UI. But it’s been a hard fight.\u003c/p>\n\u003cp>Wagle desperately needs the money. She’s been without work for almost two months. And after all this time fighting to get UI, she’s worn down. The phone call with the woman at the EDD was the last straw.\u003c/p>\n\u003cp>“I just caved,” Wagle said. “As soon as I got off the phone with her I was like, aw fuck it. I am just going to go apply for this PUA. What am I going to do? I have to pay rent. I have to pay bills. I am just swimming here. So I am just going to take the bone that I am thrown. It’s still not right. It’s not right.”\u003c/p>\n\u003ch3>\u003cstrong>Persistence and Luck\u003c/strong>\u003c/h3>\n\u003cp>While Wagle finally settled for PUA, other drivers have actually gotten through and received UI. It has taken a lot of persistence, and what some drivers say feels like luck.\u003c/p>\n\u003cp>To get UI, a driver has to apply, get told they qualify for zero dollars because their employer did not report earnings or contribute to the fund, then appeal that finding, and finally go through an audit where they have to prove to a representative of the EDD how much they earned and that they should be classified as an employee, not a contractor.\u003c/p>\n\u003cp>Numerous drivers have posted on social media about getting UI. KQED spoke with one driver in Daly City who had gone through this whole process and who doesn’t want to use his name for fear of Uber kicking him off the app. He says his trick was not waiting for any kind of confirmation from the EDD, but instead filling out the online form and then sending a package with all of his documentation by certified mail.\u003c/p>\n\u003cp>He sent that package a month ago and then he says he just waited and prayed. Then, last week, he got a call from an EDD auditor. She asked him a few questions, and then said he was approved. He was watching online as fellow drivers were filling out online forms, being put on hold for hours when they called and getting nowhere. He said it seemed like a miracle that his claim went through.\u003c/p>\n\u003cp>The driver in Daly City says he is getting the max in state benefits: $450 a week. He is so happy to have finally gotten some income. He has a family of five to support. But he didn’t want to give up and settle for PUA instead of UI because he didn’t want federal taxpayers to contribute to his unemployment when Uber and Lyft weren’t.\u003c/p>\n\u003cp>“With the AB 5, we’re entitled to get the normal UI with the corporations of Uber-Lyft helping,” he said.\u003c/p>\n\u003ch3>\u003cstrong>Conflicting Advice\u003c/strong>\u003c/h3>\n\u003cp>A number of drivers KQED spoke with complained about getting conflicting information from the EDD, either by phone or on the website, about what to apply for and how. The EDD did not respond to a request for comment.\u003c/p>\n\u003cp>Carole Vigne is a senior staff attorney at Legal Aid at Work, a nonprofit that is helping drivers get UI. She says it is disappointing that a EDD representative would tell a driver to apply for PUA instead of UI.\u003c/p>\n\u003cp>“Under California law,” she said, “misclassified independent contractors or gig workers all should be on unemployment insurance.”\u003c/p>\n\u003cp>Vigne said while it is right for drivers to apply for UI, the state is losing money by covering Uber and Lyft’s bills.\u003c/p>\n\u003cp>“Eventually when this calms down,” Vigne said, “we anticipate that the state will go after these companies who haven’t paid into the fund, who haven’t been reporting earnings on behalf of workers so that the fund could be paid back.”\u003c/p>\n\u003ch3>\u003cstrong>Years of Legal Battle\u003c/strong>\u003c/h3>\n\u003cp>When the pandemic hit, Uber and Lyft had already been battling for years to continue classifying their workers as contractors. The companies had used the arbitration clauses in their contracts to settle countless legal disputes with workers over classification individually and behind closed doors.\u003c/p>\n\u003cp>[aside tag=\"ab5\" label=\"more on ab 5\"]\u003c/p>\n\u003cp>Then in 2018, the California Supreme Court issued \u003ca href=\"https://www.kqed.org/news/11718822/tech-labor-and-newsom-search-for-common-ground-on-the-future-of-gig-workers\">a landmark ruling\u003c/a> that made it much harder for companies to classify their workers as contractors. The state Legislature codified that ruling into law with AB 5. The bill’s author, Assemblywoman Lorena Gonzalez, D-San Diego, has repeatedly said gig companies classifying workers as contractors is exactly the kind of labor arrangements the law was designed to stop.\u003c/p>\n\u003cp>When AB 5 passed on Jan. 1, many drivers thought they would finally become employees and get protections like workers compensation, guaranteed minimum wage and unemployment insurance. But instead, Uber, Lyft and other gig companies continued doing business as usual.\u003c/p>\n\u003cp>Last fall, as soon as AB 5 garnered enough votes to pass, \u003ca href=\"https://www.sandiegouniontribune.com/business/retail/story/2019-09-13/instacart-not-uber-is-first-target-in-san-diego-gig-economy-lawsuit\">the city attorney in San Diego filed a lawsuit against Instacart\u003c/a>, but that case is still snarled in the legal system.\u003c/p>\n\u003cp>The state’s attorney general, Xavier Becerra, has been far more reticent. He has not publicly stated intent to pursue the gig companies on AB 5, and there has been no indication from Newsom’s office if he backs such a move. Newsom’s office did not provide a comment by the time of publication.\u003c/p>\n\u003cp>When AB 5 became law, gig companies braced for enforcement. In early February, a source inside Lyft told KQED in a conversation on background information for another story that they were surprised the state had not already come after them over AB 5.\u003c/p>\n\u003cp>Meanwhile, the gig companies have been collaborating to nullify the new law and continue classifying their workers as contractors. \u003ca href=\"https://www.sfchronicle.com/business/article/Uber-Lyft-DoorDash-campaign-for-ballot-15090479.php\">Several companies, including Uber, Lyft and DoorDash, have poured $110 million\u003c/a> into a ballot initiative that would exempt them from AB 5.\u003c/p>\n\u003cp>This was where everything stood in late February. Then the pandemic hit and brought on the scenario that labor advocates have been warning about for years: Business has plummeted. The hundreds of thousands of Uber and Lyft drivers in the state now have extremely limited or no work, and there’s no money for them in the state unemployment fund.\u003c/p>\n\u003ch3>\u003cstrong>An Appealing Case\u003c/strong>\u003c/h3>\n\u003cp>Every Lyft and Uber driver I have interviewed since January has asked me the same thing: If AB 5 is law, then why I am not an employee? And then the follow-up question is: Why hasn’t California started going after gig companies to sort this all out?\u003c/p>\n\u003cp>According to David Levine, a professor of law at UC Hastings, if you set aside issues about politics and power, there are two big legal reasons why the state may have been hesitant to go after Uber and Lyft. The first has to do with precedent and the second is legal resources.\u003c/p>\n\u003cp>Levine says there is a danger in the state attorney general or a local district attorney moving too fast and blowing the case. “If you are going to go up against companies this large, you have to do it the right way,” Levine said. “You don’t want a bad precedent because the litigation wasn’t handled correctly.”\u003c/p>\n\u003cp>[aside tag=\"coronavirus\" label=\"related coverage\"]\u003c/p>\n\u003cp>That gets to the second point: power. Levine said these companies are so large that they could intimidate anyone who is trying to take them to court. Uber and Lyft have billions of dollars in cash reserves to pay for legal fees. The companies could “unleash their assault troops of lawyers” and bury a state or local agency in paper, Levine said.\u003c/p>\n\u003cp>But that should not be a reason to hold back, Levine said. “The state’s AG has resources to do this,” he said, adding that government entities are often underfunded when it comes to battles with large corporations. “There’s nothing different here.”\u003c/p>\n\u003cp>While the pandemic could make organizing a big case difficult, Levine said the fact that California is directly paying unemployment for Uber and Lyft is incentivizing the state to sort this out. It also, he said, gives the state “a very appealing way” to frame the case: Why is California shelling out money to pay for drivers who are out of work, while Lyft and Uber haven’t paid a dime into the unemployment fund?\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>If the state doesn’t go after Uber and Lyft, it could be on the hook for a lot of money — money it doesn’t have, as California has already started borrowing money from the federal government to pay unemployment. It is approved to draw from the federal government as much as $10 billion by the end of July.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After nearly two months of applications and appeals, some Uber and Lyft drivers are getting unemployment insurance. But Lyft and Uber have not paid a cent into the state’s unemployment fund because the gig companies have continued to classify their drivers as contractors. That means California is going to pay the bill.\u003c/p>\n\u003cp>Lyft and Uber have claimed to have over 500,000 drivers in California. Depending on how long the pandemic lasts, covering the tab on their unemployment could cost the state hundreds of millions or even more than a billion dollars.\u003c/p>\n\u003cp>Over the last few weeks, Uber and Lyft \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\">drivers have been getting conflicting advice about whether to apply for pandemic unemployment assistance (PUA) for independent contractors, or unemployment insurance (UI) for employees.\u003c/a>\u003c/p>\n\u003cp>PUA is funded by the federal government, while UI is a state program that employers pay into. Since there is no legal question over classification, getting PUA is less complicated, but UI offers almost certainly more money and potentially more long-term security.\u003c/p>\n\u003cp>Aside from the monetary implications, there’s a looming legal question. In January, California \u003ca href=\"https://www.kqed.org/news/11773942/the-gig-is-up-california-lawmakers-pass-protections-for-gig-workers\">Assembly Bill 5\u003c/a> became law, which makes it harder for companies to classify workers as contractors and avoid paying for things like workers’ compensation or unemployment insurance. But even with AB 5, Lyft and Uber have continued to classify their workers as contractors and avoid paying into the state’s unemployment fund.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Labor advocates worry that if drivers opt for PUA, which is a more straightforward process than getting UI, it will lend credence to the argument Uber and Lyft are making that their workers are indeed contractors, not employees.\u003c/p>\n\u003cp>Drivers are stuck in the middle of it all. It has been two months already with little to no work — and there’s no prospect of that changing anytime soon.\u003c/p>\n\u003ch3>\u003cstrong>Caught in the Middle\u003c/strong>\u003c/h3>\n\u003cp>Maia Wagle, a Los Angeles-based Lyft driver, has been trying to get unemployment insurance since early March.\u003c/p>\n\u003cp>She has filled out numerous online forms, sent in documents and called the agency multiple times a day. Late last week, she finally got a hold of someone at California’s Employment Development Department (EDD).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘What am I going to do? I have to pay rent. I have to pay bills. I am just swimming here. So I am just going to take the bone that I am thrown. ‘",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Wagle said the woman on the phone, after looking at her application, said, “Oh well you should just do PUA, it will be faster.”\u003c/p>\n\u003cp>Wagle disagreed. “I said, ‘No, like, I really do qualify for unemployment insurance under AB 5,’ ” she said.\u003c/p>\n\u003cp>Wagle went back and forth with the woman on the phone. “Then finally she says, ‘Listen, you want my advice, just apply for the PUA. It’s going to take time. What are you going to do? Are you going to get a lawyer, try to like fight your case for you?’ ”\u003c/p>\n\u003cp>There are numerous reasons drivers like Wagle want state unemployment insurance instead of PUA.\u003c/p>\n\u003cp>First, it’s almost certainly more money. UI is awarded based on gross income, how much total income you bring in before expenses. PUA is calculated on net earnings, what you earn after all expenses are deducted. In both case, higher earnings equal more benefits. Drivers have tons of expenses — gas, wear and tear on their car, phone bills — meaning their gross is much higher than their net earnings, which means they would earn more money through UI instead of PUA.\u003c/p>\n\u003cp>Second, there’s concern over how long the PUA funding will last compared to UI benefits. Both are set at 39 weeks right now, but it would be up to the federal government to extend PUA and up to California to extend UI. Drivers worry that if the pandemic continues, the federal government will be less likely than California to extend the assistance.\u003c/p>\n\u003cp>There’s also a question of who pays for the benefits. UI is covered in part by employers, and PUA money is coming from the federal government. Wagel considers herself a Lyft employee, so she says it is only fair that her employer pays some of the cost instead of federal tax payers. Since Lyft and Uber haven’t paid into the unemployment fund yet, the state would cover the costs, but it would be known that the companies owe California that money.\u003c/p>\n\u003cp>For these reasons, Wagel has been resisting the temptation of applying for PUA and fighting to get UI. But it’s been a hard fight.\u003c/p>\n\u003cp>Wagle desperately needs the money. She’s been without work for almost two months. And after all this time fighting to get UI, she’s worn down. The phone call with the woman at the EDD was the last straw.\u003c/p>\n\u003cp>“I just caved,” Wagle said. “As soon as I got off the phone with her I was like, aw fuck it. I am just going to go apply for this PUA. What am I going to do? I have to pay rent. I have to pay bills. I am just swimming here. So I am just going to take the bone that I am thrown. It’s still not right. It’s not right.”\u003c/p>\n\u003ch3>\u003cstrong>Persistence and Luck\u003c/strong>\u003c/h3>\n\u003cp>While Wagle finally settled for PUA, other drivers have actually gotten through and received UI. It has taken a lot of persistence, and what some drivers say feels like luck.\u003c/p>\n\u003cp>To get UI, a driver has to apply, get told they qualify for zero dollars because their employer did not report earnings or contribute to the fund, then appeal that finding, and finally go through an audit where they have to prove to a representative of the EDD how much they earned and that they should be classified as an employee, not a contractor.\u003c/p>\n\u003cp>Numerous drivers have posted on social media about getting UI. KQED spoke with one driver in Daly City who had gone through this whole process and who doesn’t want to use his name for fear of Uber kicking him off the app. He says his trick was not waiting for any kind of confirmation from the EDD, but instead filling out the online form and then sending a package with all of his documentation by certified mail.\u003c/p>\n\u003cp>He sent that package a month ago and then he says he just waited and prayed. Then, last week, he got a call from an EDD auditor. She asked him a few questions, and then said he was approved. He was watching online as fellow drivers were filling out online forms, being put on hold for hours when they called and getting nowhere. He said it seemed like a miracle that his claim went through.\u003c/p>\n\u003cp>The driver in Daly City says he is getting the max in state benefits: $450 a week. He is so happy to have finally gotten some income. He has a family of five to support. But he didn’t want to give up and settle for PUA instead of UI because he didn’t want federal taxpayers to contribute to his unemployment when Uber and Lyft weren’t.\u003c/p>\n\u003cp>“With the AB 5, we’re entitled to get the normal UI with the corporations of Uber-Lyft helping,” he said.\u003c/p>\n\u003ch3>\u003cstrong>Conflicting Advice\u003c/strong>\u003c/h3>\n\u003cp>A number of drivers KQED spoke with complained about getting conflicting information from the EDD, either by phone or on the website, about what to apply for and how. The EDD did not respond to a request for comment.\u003c/p>\n\u003cp>Carole Vigne is a senior staff attorney at Legal Aid at Work, a nonprofit that is helping drivers get UI. She says it is disappointing that a EDD representative would tell a driver to apply for PUA instead of UI.\u003c/p>\n\u003cp>“Under California law,” she said, “misclassified independent contractors or gig workers all should be on unemployment insurance.”\u003c/p>\n\u003cp>Vigne said while it is right for drivers to apply for UI, the state is losing money by covering Uber and Lyft’s bills.\u003c/p>\n\u003cp>“Eventually when this calms down,” Vigne said, “we anticipate that the state will go after these companies who haven’t paid into the fund, who haven’t been reporting earnings on behalf of workers so that the fund could be paid back.”\u003c/p>\n\u003ch3>\u003cstrong>Years of Legal Battle\u003c/strong>\u003c/h3>\n\u003cp>When the pandemic hit, Uber and Lyft had already been battling for years to continue classifying their workers as contractors. The companies had used the arbitration clauses in their contracts to settle countless legal disputes with workers over classification individually and behind closed doors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Then in 2018, the California Supreme Court issued \u003ca href=\"https://www.kqed.org/news/11718822/tech-labor-and-newsom-search-for-common-ground-on-the-future-of-gig-workers\">a landmark ruling\u003c/a> that made it much harder for companies to classify their workers as contractors. The state Legislature codified that ruling into law with AB 5. The bill’s author, Assemblywoman Lorena Gonzalez, D-San Diego, has repeatedly said gig companies classifying workers as contractors is exactly the kind of labor arrangements the law was designed to stop.\u003c/p>\n\u003cp>When AB 5 passed on Jan. 1, many drivers thought they would finally become employees and get protections like workers compensation, guaranteed minimum wage and unemployment insurance. But instead, Uber, Lyft and other gig companies continued doing business as usual.\u003c/p>\n\u003cp>Last fall, as soon as AB 5 garnered enough votes to pass, \u003ca href=\"https://www.sandiegouniontribune.com/business/retail/story/2019-09-13/instacart-not-uber-is-first-target-in-san-diego-gig-economy-lawsuit\">the city attorney in San Diego filed a lawsuit against Instacart\u003c/a>, but that case is still snarled in the legal system.\u003c/p>\n\u003cp>The state’s attorney general, Xavier Becerra, has been far more reticent. He has not publicly stated intent to pursue the gig companies on AB 5, and there has been no indication from Newsom’s office if he backs such a move. Newsom’s office did not provide a comment by the time of publication.\u003c/p>\n\u003cp>When AB 5 became law, gig companies braced for enforcement. In early February, a source inside Lyft told KQED in a conversation on background information for another story that they were surprised the state had not already come after them over AB 5.\u003c/p>\n\u003cp>Meanwhile, the gig companies have been collaborating to nullify the new law and continue classifying their workers as contractors. \u003ca href=\"https://www.sfchronicle.com/business/article/Uber-Lyft-DoorDash-campaign-for-ballot-15090479.php\">Several companies, including Uber, Lyft and DoorDash, have poured $110 million\u003c/a> into a ballot initiative that would exempt them from AB 5.\u003c/p>\n\u003cp>This was where everything stood in late February. Then the pandemic hit and brought on the scenario that labor advocates have been warning about for years: Business has plummeted. The hundreds of thousands of Uber and Lyft drivers in the state now have extremely limited or no work, and there’s no money for them in the state unemployment fund.\u003c/p>\n\u003ch3>\u003cstrong>An Appealing Case\u003c/strong>\u003c/h3>\n\u003cp>Every Lyft and Uber driver I have interviewed since January has asked me the same thing: If AB 5 is law, then why I am not an employee? And then the follow-up question is: Why hasn’t California started going after gig companies to sort this all out?\u003c/p>\n\u003cp>According to David Levine, a professor of law at UC Hastings, if you set aside issues about politics and power, there are two big legal reasons why the state may have been hesitant to go after Uber and Lyft. The first has to do with precedent and the second is legal resources.\u003c/p>\n\u003cp>Levine says there is a danger in the state attorney general or a local district attorney moving too fast and blowing the case. “If you are going to go up against companies this large, you have to do it the right way,” Levine said. “You don’t want a bad precedent because the litigation wasn’t handled correctly.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That gets to the second point: power. Levine said these companies are so large that they could intimidate anyone who is trying to take them to court. Uber and Lyft have billions of dollars in cash reserves to pay for legal fees. The companies could “unleash their assault troops of lawyers” and bury a state or local agency in paper, Levine said.\u003c/p>\n\u003cp>But that should not be a reason to hold back, Levine said. “The state’s AG has resources to do this,” he said, adding that government entities are often underfunded when it comes to battles with large corporations. “There’s nothing different here.”\u003c/p>\n\u003cp>While the pandemic could make organizing a big case difficult, Levine said the fact that California is directly paying unemployment for Uber and Lyft is incentivizing the state to sort this out. It also, he said, gives the state “a very appealing way” to frame the case: Why is California shelling out money to pay for drivers who are out of work, while Lyft and Uber haven’t paid a dime into the unemployment fund?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If the state doesn’t go after Uber and Lyft, it could be on the hook for a lot of money — money it doesn’t have, as California has already started borrowing money from the federal government to pay unemployment. It is approved to draw from the federal government as much as $10 billion by the end of July.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Ghost Ship Fire Defendant Derick Almena Released on Bail Over Coronavirus Concerns",
"title": "Ghost Ship Fire Defendant Derick Almena Released on Bail Over Coronavirus Concerns",
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"content": "\u003cp>Derick Almena, the man charged with 36 counts of involuntary manslaughter for the deaths of three dozen people in a 2016 fire that burned through a converted Oakland warehouse known as the Ghost Ship, was released from jail Monday over coronavirus concerns.\u003c/p>\n\u003cp>Almena, who's been behind bars since 2017, was released after a court hearing by phone, the Alameda County Sheriff's Office said. He will be under electronic monitoring while he awaits his retrial.\u003c/p>\n\u003cp>Prosecutors allege Almena, who was the master tenant on the Ghost Ship's lease, was criminally negligent when he turned the industrial building into a residence for artists and held events without proper permits.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, prosecutors say.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">deadlocked on the charges against Almena in September\u003c/a>, and a new trial has been scheduled for July. His co-defendant, Max Harris, was acquitted of the same charges.\u003c/p>\n\u003cp>[aside postID=news_11777745 hero='https://ww2.kqed.org/app/uploads/sites/10/2019/06/RS37743__DSC0984-qut-1020x681.jpg']\u003c/p>\n\u003cp>At least 35 confirmed cases of COVID-19 have been reported at the Santa Rita Jail where Almena was held. According to his attorneys, a report by jail medical staff said Almena's psychological and physical health were in jeopardy.\u003c/p>\n\u003cp>Almena was released in the rural community of Upper Lake, where his wife and children live. He is banned from contacting relatives of victims or witnesses. He cannot leave home unless a court gives written approval, and any violation can send him back to jail.\u003c/p>\n\u003cp>Almena posted $150,000 bail last month, and officials verified where he is staying Monday, the last step for his release, the newspaper reported.\u003c/p>\n\u003cp>Jails and prisons in California and across the U.S. have released inmates in response to the pandemic, with crowded quarters and a lack of protective equipment making it ripe for the virus to spread behind bars.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Almena, who's been behind bars since 2017, was released after a court hearing by phone, the Alameda County Sheriff's Office said. He will be under electronic monitoring while he awaits his retrial.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Derick Almena, the man charged with 36 counts of involuntary manslaughter for the deaths of three dozen people in a 2016 fire that burned through a converted Oakland warehouse known as the Ghost Ship, was released from jail Monday over coronavirus concerns.\u003c/p>\n\u003cp>Almena, who's been behind bars since 2017, was released after a court hearing by phone, the Alameda County Sheriff's Office said. He will be under electronic monitoring while he awaits his retrial.\u003c/p>\n\u003cp>Prosecutors allege Almena, who was the master tenant on the Ghost Ship's lease, was criminally negligent when he turned the industrial building into a residence for artists and held events without proper permits.\u003c/p>\n\u003cp>The building was packed with furniture, extension cords and other flammable material but had only two exits and no smoke detectors, fire alarms or sprinklers, prosecutors say.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11764921/ghost-ship-defendant-max-harris-acquitted-of-all-charges-jury-hung-on-derick-almena\">deadlocked on the charges against Almena in September\u003c/a>, and a new trial has been scheduled for July. His co-defendant, Max Harris, was acquitted of the same charges.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At least 35 confirmed cases of COVID-19 have been reported at the Santa Rita Jail where Almena was held. According to his attorneys, a report by jail medical staff said Almena's psychological and physical health were in jeopardy.\u003c/p>\n\u003cp>Almena was released in the rural community of Upper Lake, where his wife and children live. He is banned from contacting relatives of victims or witnesses. He cannot leave home unless a court gives written approval, and any violation can send him back to jail.\u003c/p>\n\u003cp>Almena posted $150,000 bail last month, and officials verified where he is staying Monday, the last step for his release, the newspaper reported.\u003c/p>\n\u003cp>Jails and prisons in California and across the U.S. have released inmates in response to the pandemic, with crowded quarters and a lack of protective equipment making it ripe for the virus to spread behind bars.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"disqusTitle": "How the Nation's First COVID-19 Death Went Undetected in San Jose",
"title": "How the Nation's First COVID-19 Death Went Undetected in San Jose",
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"content": "\u003cp>The \u003ca href=\"https://www.latimes.com/california/story/2020-04-22/coronavirus-first-known-fatality-us-california\">revelation\u003c/a> last month that the first COVID-19 death in the United States actually occurred on Feb. 6 in Santa Clara County has shifted the understanding of how and when the pandemic moved into California and the rest of the nation.\u003c/p>\n\u003cp>Patricia Dowd, 57, died at her home in San Jose – not in a hospital, and with no known travel exposure – suggesting the coronavirus spread in Northern California much earlier and wider than initially thought.\u003c/p>\n\u003cp>These revelations also raise questions about whether Santa Clara County officials could have warned neighboring counties and state officials of possible community spread and pushed for earlier testing of a number of suspicious cases in February and early March. \u003c/p>\n\u003cp>Dowd was working from her San Jose home, suffering from a flu-like illness, when she died on Feb. 6. Her body was taken to the Santa Clara County Medical Examiner-Coroner, the procedure for sudden, unexpected deaths occurring at home.\u003c/p>\n\u003cp>Forensic pathologist Dr. Susan Parson performed an autopsy the day after Dowd’s death and, following standard medical practice, collected swabs and tissue samples. Suspecting COVID-19 infection, she kept the case open. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dowd had not traveled outside the United States for months before her death, according to county public health officials. So even though the San Jose resident died with flu-like symptoms, she did not meet the U.S. Centers for Disease Control and Prevention's testing criteria at the time.\u003c/p>\n\u003cp>Santa Clara County Health Officer Dr. Sara Cody said at an April 22 press conference that there wasn’t much testing available in January and February.\u003c/p>\n\u003cp>\"We couldn't test everyone,\" Cody said. \"So the medical examiner had these cases where there was a question whether there may have been an infectious cause. And so they just sort of didn't close the cases.\"\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Judy Melinek, Bay Area forensic pathologist\"]'If we're not capable of recognizing a potentially transmissible infectious disease when it comes to our door, then we are not doing our job guarding the public health.'[/pullquote]\u003c/p>\n\u003cp>The county’s chief medical examiner, Dr. Michelle Jorden, wrote in an email Thursday that she tested for other viruses that might have contributed to Dowd’s death to rule out other causes before testing for COVID-19. That process took several weeks.\u003c/p>\n\u003cp>By the time Dowd’s test results came back negative for other viruses, the criteria for COVID-19 testing at the CDC had changed. On Feb. 27, the agency issued new guidance that anyone doctors strongly suspected of having the virus could be tested.\u003c/p>\n\u003cp>Jorden wrote that because the tissue from Dowd was taken after her death, it could not be analyzed by a local lab. So she sent the sample to the CDC on March 16 and notified her county health department. It had been over a month since Dowd’s death. \u003c/p>\n\u003cp>“It took the CDC several weeks to provide the results, and those results were released publicly the same day they were received by the Medical Examiner-Coroner” on April 21, Jorden wrote. \u003c/p>\n\u003cp>Dowd's autopsy officially listed COVID-19 as her cause of death on April 23.\u003c/p>\n\u003ch3>Did the County Alert Others About 3 Suspicious Deaths?\u003c/h3>\n\u003cp>Santa Clara County Public Health officials did not disseminate information about the case to others until the test confirmed COVID-19 on April 21 – more than two months after Dowd’s death.\u003c/p>\n\u003cp>“The day the results were received from the CDC, they were immediately shared with the state of California Department of Public Health and other partners, and were shared publicly,” an agency spokesperson wrote in a May 1 email.\u003c/p>\n\u003cp>Santa Clara County announced the news that COVID-19 was confirmed in the tissue samples belonging to three people who died at home: Dowd, and two men who died on Feb. 17 and March 6, respectively. None of them had traveled beforehand, which indicated they caught the virus through community spread.\u003c/p>\n\u003cp>All three of the COVID-19 deaths Santa Clara County announced in April died in their homes well before March 16, when six Bay Area counties and the city of Berkeley issued shelter-in-place orders to combat community spread of the coronavirus.\u003c/p>\n\u003cp>“We had been wondering, ‘How will we detect community transmission if we're not testing people who haven't traveled?’ ” Santa Clara County Health Officer Dr. Sara Cody said at a press conference announcing the test results. “And I think this answers the question, in that, ‘We didn't detect community spread.’ ” \u003c/p>\n\u003cfigure id=\"attachment_11816183\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue.jpg\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue.jpg\" alt=\"An examination table in the Santa Clara County morgue at the medical examiner's office.\" width=\"1920\" height=\"1440\" class=\"size-full wp-image-11816183\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1832x1374.jpg 1832w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1376x1032.jpg 1376w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1044x783.jpg 1044w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-632x474.jpg 632w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-536x402.jpg 536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An examination table in the Santa Clara County morgue at the Medical Examiner's Office. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But there were strong suspicions in the Medical Examiner’s Office that COVID-19 was causing deaths in the community long before those test results were received.\u003c/p>\n\u003cp>A March 6 memo obtained by KQED suggests that at least one of the medical examiners in Santa Clara County suspected he had been exposed to multiple decedents with COVID-19 as early as mid-February.\u003c/p>\n\u003cp>Dr. Joseph O’Hara wrote to a judge to ask that he be excused from testifying in court. \u003c/p>\n\u003cp>“In the last 2 weeks I have performed examinations on 4 individuals suspected of infection with the COVID-19 virus,” O’Hara wrote, “including one individual who died after being exposed to the virus on the Princess Cruise Line ship.” \u003c/p>\n\u003cp>O’Hara also stated he was “experiencing symptoms of cough and headache” and couldn’t guarantee he had not been exposed. \u003c/p>\n\u003cp>The county has not confirmed whether O’Hara was ever quarantined, and attempts to reach him directly were unsuccessful. \u003c/p>\n\u003cp>When asked about O’Hara’s memo, Jorden responded that she could not provide personal health information about employees, but that staff are following strict guidelines on protecting themselves by using personal protective equipment.\u003c/p>\n\u003cp>In an earlier interview, Jorden said none of her staff had been “confirmed” to have COVID-19.\u003c/p>\n\u003cp>Bay Area forensic pathologist Dr. Judy Melinek said Santa Clara County should have sounded an alarm as soon as pathologists suspected COVID-19 caused Dowd’s death.\u003c/p>\n\u003cp>“If we're not capable of recognizing a potentially transmissible infectious disease when it comes to our door, then we are not doing our job guarding the public health,” Melinek said.\u003c/p>\n\u003cp>Melinek believes the region may have lost crucial time to isolate people with the virus and implement broad shelter-in-place orders.\u003c/p>\n\u003cp>“Every day that you don't do contact tracing is a day lost where people who are asymptomatic spreaders or pre-symptomatic spreaders are sharing that virus with other people,” Melinek said. “So every day of delay is potential lives lost.”\u003c/p>\n\u003cp>[aside postID=news_11815978 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/05/GettyImages-1218635194-1-1020x735.jpg']Before the COVID-19 pandemic, medical examiners and coroners could send samples freely to a special division of the CDC. Despite repeated inquiries, the CDC has not confirmed whether testing by that division was available in early February when Dowd died.\u003c/p>\n\u003cp>Still, Melinek was able to rule out COVID-19 in a separate case through CDC testing a couple weeks before Dowd’s death. Melinek examined a decedent in late January who had recently traveled to China and whom she suspected had COVID-19.\u003c/p>\n\u003cp>Melinek said she contacted CDC’s Infectious Disease Pathology Branch, and that agency staff attended the autopsy and took samples for testing.\u003c/p>\n\u003cp>“I got an immediate response from them and results within a week or two,” Melinek said. \u003c/p>\n\u003cp>Dr. Sally Aiken, president of the National Association of Medical Examiners, said forensic pathologists typically can freely submit samples to the special CDC lab for testing that’s not available in other facilities.\u003c/p>\n\u003cp>“They do immuno-testing for a number of pathogens and unusual pathogens and they provide advice,” Aiken said. “That is available to forensic pathologists, medical examiners and coroners during normal times. And as far as COVID-19 testing, I'm not sure what their limitations were.”\u003c/p>\n\u003cp>“There was just a major breakdown in obvious, necessary communications,” Santa Clara County Supervisor David Cortese said Monday.\u003c/p>\n\u003cfigure id=\"attachment_11816217\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut.jpg\" alt=\"Santa Clara County Supervisor David Cortese, pictured in February.\" width=\"1920\" height=\"1280\" class=\"size-full wp-image-11816217\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut-1020x680.jpg 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Santa Clara County Supervisor David Cortese, pictured in February. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cortese recently criticized the Medical Examiner-Coroner’s Office for not telling the board about a 20% increase in March fatalities, compared to the year before. \u003c/p>\n\u003cp>“It just seems to me if I'm running that shop and I see those numbers are trending up, that I start collaborating more closely with public health,” Cortese said. “I'd probably go to the Board of Supervisors and the county executive and say, ‘Hey, these numbers are trending up. How can we be helpful and collaborative and useful in this process?' ”\u003c/p>\n\u003cp>Many of the deaths were still under investigation and were not yet included in official counts. But, Cortese said, during a pandemic even provisional death data is critical to relay.\u003c/p>\n\u003cp>“It's important that what you can say, you know,” Cortese said. “But it's also important to say what you don't know, and what is sort of pending, unverified information out there to give people a better handle on what's really going on.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Scott Morrow, San Mateo County health officer\"]'I told my colleagues in mid-January that it was likely spreading under our noses ... Without testing we were flying blind, and we continue to fly pretty blind.'[/pullquote]Melinek believes, if nothing else, that Santa Clara County had a duty to alert forensic pathologists in other offices about these early suspected cases.\u003c/p>\n\u003cp>“As front-line workers in the death industry, whether we're forensic pathologists or people who work in mortuaries, we have not just a professional responsibility, but also an ethical responsibility to notify each other of potentially transmissible infectious diseases,” Melinek said. “Not only because it impacts us when we're doing our work, but more importantly, because it impacts the public at large.” \u003c/p>\n\u003cp>Jorden has not responded to questions about why she did not immediately flag Dowd’s and other early cases publicly.\u003c/p>\n\u003cp>Aiken said pathologists can share that kind of information via a list-serve maintained by professional organizations for medical examiners. \u003c/p>\n\u003cp>In addition, she said, “Most of us would share that – if not all of us – with public health officials.”\u003c/p>\n\u003cp>However, Aiken said the awareness of COVID-19 was just beginning in early February. \u003c/p>\n\u003cp>“They probably did really well to find these cases and get them to the Centers for Disease Control for testing, actually,” Aiken said. “I think they were pretty proactive doing that.”\u003c/p>\n\u003ch3>Narrow Testing Skewed COVID-19 Death Data Statewide\u003c/h3>\n\u003cp>Dr. Scott Morrow, the health officer for neighboring San Mateo County, wrote in an email last week that he wasn’t surprised when he learned of Dowd’s death in news reports.\u003c/p>\n\u003cp>“I told my colleagues in mid-January that it was likely spreading under our noses,” Morrow wrote. “Without testing we were flying blind, and we continue to fly pretty blind.”\u003c/p>\n\u003cp>Morrow called the lack of adequate COVID-19 testing “one of the fundamental missteps our country took and continues to take.”\u003c/p>\n\u003cp>The lack of adequate testing is no fault of Santa Clara County – and was still a factor at the end of March for medical examiners and coroners for some of California's most populous counties. Alameda, Los Angeles, San Francisco, San Mateo and Santa Clara counties were only testing decedents who were known to be symptomatic before they died.\u003c/p>\n\u003cp>“It’s not that we're having tests fall off the shelves,” Los Angeles County Medical Examiner-Coroner Dr. Jonathan Lucas said in a phone interview in late March. “We're doing a reasonable sort of screening, where, if somebody has symptoms, if they have had a fever in the days before they passed away, we're erring on the side of getting that test.”\u003c/p>\n\u003cp>Lucas feared that COVID-19 infections may not be detected in all cases where the disease was a contributing factor in someone’s death.\u003c/p>\n\u003cp>“It's plausible right now, given the shortage of tests, that if somebody died and they didn't have any symptoms whatsoever – nobody brings it up – but maybe they were simply asymptomatic and had the virus, we might not test them,” he said.\u003c/p>\n\u003cp>[aside label='Coronavirus Coverage' tag='coronavirus']The day Santa Clara County announced the news of Dowd’s death, Gov. Gavin Newsom said he had asked other counties to review deaths dating back to December.\u003c/p>\n\u003cp>“I imagine subsequent announcements that may be made by similar efforts all across the state of California,” Newsom said. The governor’s office deferred questions about when and to whom this directive was sent.\u003c/p>\n\u003cp>It’s up to counties to submit any changes to the cause of death to the state Department of Public Health, which would recategorize deaths attributed to COVID-19 so they are counted in state totals and shared with the CDC and the National Center for Health Statistics.\u003c/p>\n\u003cp>A number of medical examiners and coroners contacted by KQED and NPR were not immediately aware of the governor’s directive, but a spokeswoman for the Orange County Sheriff Coroner’s office said protocols are being put in place to review deaths.\u003c/p>\n\u003cp>Dr. Jorden, the Santa Clara County medical examiner, has continued to identify additional early COVID-19 deaths.\u003c/p>\n\u003cp>In a letter to the county Board of Supervisors last month, Jorden stated her office had identified 29 people who died with flu-like symptoms and that subsequent tests had confirmed nine of the decedents had the virus, including Dowd. \u003c/p>\n\u003cp>In some cases, efforts to determine whether COVID-19 caused or contributed to the person’s death were ongoing and were not included in county death totals.\u003c/p>\n\u003cp>Jorden’s office is continuing to review cases back to Dec 1, 2019, to identify any that warrant further testing.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://laist.com/projects/2020/coronavirus-tracker/california.html\" width=\"1000\" height=\"1500\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Long before the Bay Area sheltered in place, a medical examiner suspected a San Jose woman who died Feb. 6 had COVID-19. A shortage of tests delayed confirmation of that critical signal of community spread for months.",
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"description": "Long before the Bay Area sheltered in place, a medical examiner suspected a San Jose woman who died Feb. 6 had COVID-19. A shortage of tests delayed confirmation of that critical signal of community spread for months.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"https://www.latimes.com/california/story/2020-04-22/coronavirus-first-known-fatality-us-california\">revelation\u003c/a> last month that the first COVID-19 death in the United States actually occurred on Feb. 6 in Santa Clara County has shifted the understanding of how and when the pandemic moved into California and the rest of the nation.\u003c/p>\n\u003cp>Patricia Dowd, 57, died at her home in San Jose – not in a hospital, and with no known travel exposure – suggesting the coronavirus spread in Northern California much earlier and wider than initially thought.\u003c/p>\n\u003cp>These revelations also raise questions about whether Santa Clara County officials could have warned neighboring counties and state officials of possible community spread and pushed for earlier testing of a number of suspicious cases in February and early March. \u003c/p>\n\u003cp>Dowd was working from her San Jose home, suffering from a flu-like illness, when she died on Feb. 6. Her body was taken to the Santa Clara County Medical Examiner-Coroner, the procedure for sudden, unexpected deaths occurring at home.\u003c/p>\n\u003cp>Forensic pathologist Dr. Susan Parson performed an autopsy the day after Dowd’s death and, following standard medical practice, collected swabs and tissue samples. Suspecting COVID-19 infection, she kept the case open. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dowd had not traveled outside the United States for months before her death, according to county public health officials. So even though the San Jose resident died with flu-like symptoms, she did not meet the U.S. Centers for Disease Control and Prevention's testing criteria at the time.\u003c/p>\n\u003cp>Santa Clara County Health Officer Dr. Sara Cody said at an April 22 press conference that there wasn’t much testing available in January and February.\u003c/p>\n\u003cp>\"We couldn't test everyone,\" Cody said. \"So the medical examiner had these cases where there was a question whether there may have been an infectious cause. And so they just sort of didn't close the cases.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The county’s chief medical examiner, Dr. Michelle Jorden, wrote in an email Thursday that she tested for other viruses that might have contributed to Dowd’s death to rule out other causes before testing for COVID-19. That process took several weeks.\u003c/p>\n\u003cp>By the time Dowd’s test results came back negative for other viruses, the criteria for COVID-19 testing at the CDC had changed. On Feb. 27, the agency issued new guidance that anyone doctors strongly suspected of having the virus could be tested.\u003c/p>\n\u003cp>Jorden wrote that because the tissue from Dowd was taken after her death, it could not be analyzed by a local lab. So she sent the sample to the CDC on March 16 and notified her county health department. It had been over a month since Dowd’s death. \u003c/p>\n\u003cp>“It took the CDC several weeks to provide the results, and those results were released publicly the same day they were received by the Medical Examiner-Coroner” on April 21, Jorden wrote. \u003c/p>\n\u003cp>Dowd's autopsy officially listed COVID-19 as her cause of death on April 23.\u003c/p>\n\u003ch3>Did the County Alert Others About 3 Suspicious Deaths?\u003c/h3>\n\u003cp>Santa Clara County Public Health officials did not disseminate information about the case to others until the test confirmed COVID-19 on April 21 – more than two months after Dowd’s death.\u003c/p>\n\u003cp>“The day the results were received from the CDC, they were immediately shared with the state of California Department of Public Health and other partners, and were shared publicly,” an agency spokesperson wrote in a May 1 email.\u003c/p>\n\u003cp>Santa Clara County announced the news that COVID-19 was confirmed in the tissue samples belonging to three people who died at home: Dowd, and two men who died on Feb. 17 and March 6, respectively. None of them had traveled beforehand, which indicated they caught the virus through community spread.\u003c/p>\n\u003cp>All three of the COVID-19 deaths Santa Clara County announced in April died in their homes well before March 16, when six Bay Area counties and the city of Berkeley issued shelter-in-place orders to combat community spread of the coronavirus.\u003c/p>\n\u003cp>“We had been wondering, ‘How will we detect community transmission if we're not testing people who haven't traveled?’ ” Santa Clara County Health Officer Dr. Sara Cody said at a press conference announcing the test results. “And I think this answers the question, in that, ‘We didn't detect community spread.’ ” \u003c/p>\n\u003cfigure id=\"attachment_11816183\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue.jpg\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue.jpg\" alt=\"An examination table in the Santa Clara County morgue at the medical examiner's office.\" width=\"1920\" height=\"1440\" class=\"size-full wp-image-11816183\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1832x1374.jpg 1832w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1376x1032.jpg 1376w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-1044x783.jpg 1044w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-632x474.jpg 632w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/SantaClaraCoMorgue-536x402.jpg 536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An examination table in the Santa Clara County morgue at the Medical Examiner's Office. \u003ccite>(Julie Small/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But there were strong suspicions in the Medical Examiner’s Office that COVID-19 was causing deaths in the community long before those test results were received.\u003c/p>\n\u003cp>A March 6 memo obtained by KQED suggests that at least one of the medical examiners in Santa Clara County suspected he had been exposed to multiple decedents with COVID-19 as early as mid-February.\u003c/p>\n\u003cp>Dr. Joseph O’Hara wrote to a judge to ask that he be excused from testifying in court. \u003c/p>\n\u003cp>“In the last 2 weeks I have performed examinations on 4 individuals suspected of infection with the COVID-19 virus,” O’Hara wrote, “including one individual who died after being exposed to the virus on the Princess Cruise Line ship.” \u003c/p>\n\u003cp>O’Hara also stated he was “experiencing symptoms of cough and headache” and couldn’t guarantee he had not been exposed. \u003c/p>\n\u003cp>The county has not confirmed whether O’Hara was ever quarantined, and attempts to reach him directly were unsuccessful. \u003c/p>\n\u003cp>When asked about O’Hara’s memo, Jorden responded that she could not provide personal health information about employees, but that staff are following strict guidelines on protecting themselves by using personal protective equipment.\u003c/p>\n\u003cp>In an earlier interview, Jorden said none of her staff had been “confirmed” to have COVID-19.\u003c/p>\n\u003cp>Bay Area forensic pathologist Dr. Judy Melinek said Santa Clara County should have sounded an alarm as soon as pathologists suspected COVID-19 caused Dowd’s death.\u003c/p>\n\u003cp>“If we're not capable of recognizing a potentially transmissible infectious disease when it comes to our door, then we are not doing our job guarding the public health,” Melinek said.\u003c/p>\n\u003cp>Melinek believes the region may have lost crucial time to isolate people with the virus and implement broad shelter-in-place orders.\u003c/p>\n\u003cp>“Every day that you don't do contact tracing is a day lost where people who are asymptomatic spreaders or pre-symptomatic spreaders are sharing that virus with other people,” Melinek said. “So every day of delay is potential lives lost.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Before the COVID-19 pandemic, medical examiners and coroners could send samples freely to a special division of the CDC. Despite repeated inquiries, the CDC has not confirmed whether testing by that division was available in early February when Dowd died.\u003c/p>\n\u003cp>Still, Melinek was able to rule out COVID-19 in a separate case through CDC testing a couple weeks before Dowd’s death. Melinek examined a decedent in late January who had recently traveled to China and whom she suspected had COVID-19.\u003c/p>\n\u003cp>Melinek said she contacted CDC’s Infectious Disease Pathology Branch, and that agency staff attended the autopsy and took samples for testing.\u003c/p>\n\u003cp>“I got an immediate response from them and results within a week or two,” Melinek said. \u003c/p>\n\u003cp>Dr. Sally Aiken, president of the National Association of Medical Examiners, said forensic pathologists typically can freely submit samples to the special CDC lab for testing that’s not available in other facilities.\u003c/p>\n\u003cp>“They do immuno-testing for a number of pathogens and unusual pathogens and they provide advice,” Aiken said. “That is available to forensic pathologists, medical examiners and coroners during normal times. And as far as COVID-19 testing, I'm not sure what their limitations were.”\u003c/p>\n\u003cp>“There was just a major breakdown in obvious, necessary communications,” Santa Clara County Supervisor David Cortese said Monday.\u003c/p>\n\u003cfigure id=\"attachment_11816217\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut.jpg\" alt=\"Santa Clara County Supervisor David Cortese, pictured in February.\" width=\"1920\" height=\"1280\" class=\"size-full wp-image-11816217\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/05/RS41440_011_KQED_District15Candidates_02192020_3397-qut-1020x680.jpg 1020w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Santa Clara County Supervisor David Cortese, pictured in February. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cortese recently criticized the Medical Examiner-Coroner’s Office for not telling the board about a 20% increase in March fatalities, compared to the year before. \u003c/p>\n\u003cp>“It just seems to me if I'm running that shop and I see those numbers are trending up, that I start collaborating more closely with public health,” Cortese said. “I'd probably go to the Board of Supervisors and the county executive and say, ‘Hey, these numbers are trending up. How can we be helpful and collaborative and useful in this process?' ”\u003c/p>\n\u003cp>Many of the deaths were still under investigation and were not yet included in official counts. But, Cortese said, during a pandemic even provisional death data is critical to relay.\u003c/p>\n\u003cp>“It's important that what you can say, you know,” Cortese said. “But it's also important to say what you don't know, and what is sort of pending, unverified information out there to give people a better handle on what's really going on.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Melinek believes, if nothing else, that Santa Clara County had a duty to alert forensic pathologists in other offices about these early suspected cases.\u003c/p>\n\u003cp>“As front-line workers in the death industry, whether we're forensic pathologists or people who work in mortuaries, we have not just a professional responsibility, but also an ethical responsibility to notify each other of potentially transmissible infectious diseases,” Melinek said. “Not only because it impacts us when we're doing our work, but more importantly, because it impacts the public at large.” \u003c/p>\n\u003cp>Jorden has not responded to questions about why she did not immediately flag Dowd’s and other early cases publicly.\u003c/p>\n\u003cp>Aiken said pathologists can share that kind of information via a list-serve maintained by professional organizations for medical examiners. \u003c/p>\n\u003cp>In addition, she said, “Most of us would share that – if not all of us – with public health officials.”\u003c/p>\n\u003cp>However, Aiken said the awareness of COVID-19 was just beginning in early February. \u003c/p>\n\u003cp>“They probably did really well to find these cases and get them to the Centers for Disease Control for testing, actually,” Aiken said. “I think they were pretty proactive doing that.”\u003c/p>\n\u003ch3>Narrow Testing Skewed COVID-19 Death Data Statewide\u003c/h3>\n\u003cp>Dr. Scott Morrow, the health officer for neighboring San Mateo County, wrote in an email last week that he wasn’t surprised when he learned of Dowd’s death in news reports.\u003c/p>\n\u003cp>“I told my colleagues in mid-January that it was likely spreading under our noses,” Morrow wrote. “Without testing we were flying blind, and we continue to fly pretty blind.”\u003c/p>\n\u003cp>Morrow called the lack of adequate COVID-19 testing “one of the fundamental missteps our country took and continues to take.”\u003c/p>\n\u003cp>The lack of adequate testing is no fault of Santa Clara County – and was still a factor at the end of March for medical examiners and coroners for some of California's most populous counties. Alameda, Los Angeles, San Francisco, San Mateo and Santa Clara counties were only testing decedents who were known to be symptomatic before they died.\u003c/p>\n\u003cp>“It’s not that we're having tests fall off the shelves,” Los Angeles County Medical Examiner-Coroner Dr. Jonathan Lucas said in a phone interview in late March. “We're doing a reasonable sort of screening, where, if somebody has symptoms, if they have had a fever in the days before they passed away, we're erring on the side of getting that test.”\u003c/p>\n\u003cp>Lucas feared that COVID-19 infections may not be detected in all cases where the disease was a contributing factor in someone’s death.\u003c/p>\n\u003cp>“It's plausible right now, given the shortage of tests, that if somebody died and they didn't have any symptoms whatsoever – nobody brings it up – but maybe they were simply asymptomatic and had the virus, we might not test them,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The day Santa Clara County announced the news of Dowd’s death, Gov. Gavin Newsom said he had asked other counties to review deaths dating back to December.\u003c/p>\n\u003cp>“I imagine subsequent announcements that may be made by similar efforts all across the state of California,” Newsom said. The governor’s office deferred questions about when and to whom this directive was sent.\u003c/p>\n\u003cp>It’s up to counties to submit any changes to the cause of death to the state Department of Public Health, which would recategorize deaths attributed to COVID-19 so they are counted in state totals and shared with the CDC and the National Center for Health Statistics.\u003c/p>\n\u003cp>A number of medical examiners and coroners contacted by KQED and NPR were not immediately aware of the governor’s directive, but a spokeswoman for the Orange County Sheriff Coroner’s office said protocols are being put in place to review deaths.\u003c/p>\n\u003cp>Dr. Jorden, the Santa Clara County medical examiner, has continued to identify additional early COVID-19 deaths.\u003c/p>\n\u003cp>In a letter to the county Board of Supervisors last month, Jorden stated her office had identified 29 people who died with flu-like symptoms and that subsequent tests had confirmed nine of the decedents had the virus, including Dowd. \u003c/p>\n\u003cp>In some cases, efforts to determine whether COVID-19 caused or contributed to the person’s death were ongoing and were not included in county death totals.\u003c/p>\n\u003cp>Jorden’s office is continuing to review cases back to Dec 1, 2019, to identify any that warrant further testing.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://laist.com/projects/2020/coronavirus-tracker/california.html\" width=\"1000\" height=\"1500\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "As PG&E Fire Survivors Near Deadline to Vote on Settlement, Some Still Don't Have Ballots",
"title": "As PG&E Fire Survivors Near Deadline to Vote on Settlement, Some Still Don't Have Ballots",
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"content": "\u003cp>\u003cem>Updated 5:30 p.m. Monday, May 4\u003c/em>\u003c/p>\n\u003cp>With less than two weeks to go in a six-week vote by Northern California fire victims on a multibillion-dollar settlement deal with PG&E, some are still waiting to receive ballots.\u003c/p>\n\u003cp>\"I haven’t received anything, and my friend in Paradise has not received one either,\" said Camp Fire survivor Vada Bouffard, who lost her home in Paradise and now lives in Knoxville, Tennessee.\u003c/p>\n\u003cp>Carolyn Acosta finds herself in the same situation. She got an email message from the court on April 3 informing her that she would be receiving a customized ballot in the mail.\u003c/p>\n\u003cp>\"Here is it, May, and no ballot,\" said Acosta, who relocated to Nampa, Idaho, from the Butte County community of Magalia after her rented home was damaged in the Camp Fire. \"There may be thousands of others who haven't gotten it.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Voting began on April 1 for wildfire victims with claims against PG&E — a group comprised of about 70,000 people. For PG&E's bankruptcy plan to move forward, two-thirds of those who vote on the plan must must approve it. Voting ends on May 15 as the utility races to exit bankruptcy by June 30 so it can tap a state wildfire insurance fund.\u003c/p>\n\u003cp>Neither Bouffard nor Acosta are represented by attorneys. They, and as many as 15,000 other PG&E fire survivors who don't have legal representation in the case, are relying on PG&E and legal services contractor Prime Clerk to receive the settlement and voting information.\u003c/p>\n\u003cp>After KQED first \u003ca href=\"https://www.kqed.org/news/11815313/how-hospitals-prepared-for-the-covid-19-surge\">reported\u003c/a> on potential ballot delays last week, lawyer and Nuns Fire survivor Helen Sedwick started checking in with fellow fire victims.\u003c/p>\n\u003cp>She says about 50 fire survivors have emailed or messaged her to say that they have not received voting materials by mail.\u003c/p>\n\u003cp>\"I would say something has gone terribly wrong in the ballot distribution process that cannot be ignored,\" Sedwick said. \"PG&E or the attorneys must reach out to claimants with this information. Claimants should not be expected to go looking for the materials.\"\u003c/p>\n\u003cp>The problem is not limited to victims without lawyers.\u003c/p>\n\u003cp>Pleasant Hill-based law firm Rains Lucia Stern, which represents about 50 fire victims, told the bankruptcy court in \u003ca href=\"https://assets.documentcloud.org/documents/6881050/034039848159-Rep-3004060718.pdf\">an affidavit\u003c/a> filed April 30 that the coronavirus pandemic caused a weeks-long slowdown in the process of getting voting materials to clients.\u003c/p>\n\u003cp>Attorney Joseph Lucia wrote that Prime Clerk alerted his office in mid-April \"that COVID-19 had caused delays in mail arriving in a timely manner.\" In response, he said his firm electronically sent solicitation packages with ballots to clients starting on April 21. It wasn't until last week, Lucia wrote, that the hard-copy solicitation documents started to show up in the mail at the firm.\u003c/p>\n\u003cp>Prime Clerk did not respond to KQED's request for comment.\u003c/p>\n\u003cp>A spokesperson for PG&E did not directly address questions about the delay, but said, \"We continue to work diligently to obtain approval for our plan of reorganization by the Bankruptcy Court as soon as possible, so victims will be paid fairly and quickly.\"\u003c/p>\n\u003cp>The involvement of Wall Street interests poised to reap a windfall from the bankruptcy has left survivors like Acosta on edge. A group of mass tort lawyers has also been pushing for approval of the settlement, securing thousands of \"yes\" votes by text and other electronic methods. Voting online may end up being the only option, even for those wary of the integrity of the voting process.\u003c/p>\n\u003cp>\"Why should I have to do that? They said they were going to mail it. How many others have not received theirs?\" Acosta asked, noting that some fire survivors cannot afford reliable internet and cellular service or do not have easy access because of where they live. \"You wonder who is actually overseeing the mailing.\"\u003c/p>\n\u003cp>Jared Ellias, a professor of bankruptcy law at UC Hastings, said the responsibility of ensuring claimants receive their solicitation packages rests with PG&E and Prime Clerk, the claims agent. But given the number of people making claims in the case, he said it's not surprising that there might be problems reaching them all.\u003c/p>\n\u003cp>\"This is a big, complicated, messy process and it was never going to be 100 percent perfect,\" Ellias said. \"And it's up to the bankruptcy judge to make sure that it's close enough so we can all feel confident that justice was done when it comes to the outcome of this voting process.\"\u003c/p>\n\u003caside>\u003cstrong>PG&E Settlement Voting\u003c/strong>\n\u003cp>In response to this story, PG&E recommends that any questions with respect to voting and voting materials be directed to Prime Clerk as follows:\u003c/p>\n\u003cul>\n\u003cli>By telephone at 844-339-4217 (domestic) or 929-333-8977 (international)\u003c/li>\n\u003cli>By email to pgeinfo@primeclerk.com\u003c/li>\n\u003cli>By visiting the PG&E case website at https://restructuring.primeclerk.com/pge.\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003ch3>Voting on a Plan That's 'Not Completed'\u003c/h3>\n\u003cp>Bouffard, the fire refugee now living in Tennessee, says that even if she had her ballot, it's still not completely clear what survivors are voting on.\u003c/p>\n\u003cp>Lawyers for the official committee that represents survivors in the case said last week that even as the vote takes place, they are in mediation with PG&E and other stakeholders over key terms of the deal, like when and how much the utility will pay into the survivors' trust.\u003c/p>\n\u003cp>\"Why are we being asked to vote on something that's not completed? That just seems crazy,\" Bouffard said.\u003c/p>\n\u003cp>On paper, the settlement is worth $13.5 billion, with PG&E \u003ca href=\"https://www.kqed.org/news/11805766/pge-victims-weigh-rare-stock-funded-trust-amid-market-turmoil\">paying half in cash and half as PG&E stock\u003c/a>. But with the COVID-19 pandemic roiling financial markets, the stock component may be worth less than what PG&E promised, say lawyers for the official committee of fire survivors.\u003c/p>\n\u003cp>\"This case is not over,\" wrote committee attorney Robert Julian Wednesday in a brief to U.S. District Judge James Donato, who is charged with estimating the total amount of PG&E's liabilities.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='pge']In hopes of preventing \"current fire victims from bearing the financial risk of a future wildfire,\" Julian wrote, the committee is seeking guarantees that PG&E will not withhold the first round of payment to the victims' trust until after the coming fire season.\u003c/p>\n\u003cp>In early April, Julian told U.S. Bankruptcy Judge Dennis Montali that when the committee agreed to the settlement, \u003ca href=\"https://www.kqed.org/news/11811339/judge-refuses-to-approve-fire-victims-letter-attacking-pge\">it believed PG&E would pay the cash portion by Aug. 29\u003c/a>, before the height of the 2020 fire season.\u003c/p>\n\u003cp>PG&E bankruptcy attorney Stephen Karotkin told Montali PG&E never offered a concrete commitment to pay the cash by that date.\u003c/p>\n\u003cp>\"We will make the initial funding to the Fire Victim Trust upon our emergence from Chapter 11,\" a PG&E spokesperson said this week. \"We are on track to have our plan confirmed by June 30, 2020, and are currently targeting our emergence from Chapter 11 on or before Aug. 29, 2020.\"\u003c/p>\n\u003cp>Some fire survivors are laying blame not just at the feet of PG&E, but on the survivors' committee, which saw three fire victims resign in protest in late March and early April. Camp Fire survivor Kirk Trostle, who was the first to step down, called the settlement \u003ca href=\"https://www.kqed.org/news/11808826/fire-survivor-resigns-in-protest-from-pge-bankruptcy-committee\">\"deeply flawed and very risky for all fire victims\"\u003c/a> in his resignation letter.\u003c/p>\n\u003cp>After those resignations, the committee started publicly pushing for the guarantees from PG&E.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"The [committee] is finally waking up to how they were outlawyered by PG&E and Wall Street,\" Sedwick said.\u003c/p>\n\n",
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"excerpt": "An unknown number of wildfire victims have been left out of the voting, which concludes May 15. Meantime, some survivors are expressing doubts about key aspects of the $13.5 billion settlement.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 5:30 p.m. Monday, May 4\u003c/em>\u003c/p>\n\u003cp>With less than two weeks to go in a six-week vote by Northern California fire victims on a multibillion-dollar settlement deal with PG&E, some are still waiting to receive ballots.\u003c/p>\n\u003cp>\"I haven’t received anything, and my friend in Paradise has not received one either,\" said Camp Fire survivor Vada Bouffard, who lost her home in Paradise and now lives in Knoxville, Tennessee.\u003c/p>\n\u003cp>Carolyn Acosta finds herself in the same situation. She got an email message from the court on April 3 informing her that she would be receiving a customized ballot in the mail.\u003c/p>\n\u003cp>\"Here is it, May, and no ballot,\" said Acosta, who relocated to Nampa, Idaho, from the Butte County community of Magalia after her rented home was damaged in the Camp Fire. \"There may be thousands of others who haven't gotten it.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Voting began on April 1 for wildfire victims with claims against PG&E — a group comprised of about 70,000 people. For PG&E's bankruptcy plan to move forward, two-thirds of those who vote on the plan must must approve it. Voting ends on May 15 as the utility races to exit bankruptcy by June 30 so it can tap a state wildfire insurance fund.\u003c/p>\n\u003cp>Neither Bouffard nor Acosta are represented by attorneys. They, and as many as 15,000 other PG&E fire survivors who don't have legal representation in the case, are relying on PG&E and legal services contractor Prime Clerk to receive the settlement and voting information.\u003c/p>\n\u003cp>After KQED first \u003ca href=\"https://www.kqed.org/news/11815313/how-hospitals-prepared-for-the-covid-19-surge\">reported\u003c/a> on potential ballot delays last week, lawyer and Nuns Fire survivor Helen Sedwick started checking in with fellow fire victims.\u003c/p>\n\u003cp>She says about 50 fire survivors have emailed or messaged her to say that they have not received voting materials by mail.\u003c/p>\n\u003cp>\"I would say something has gone terribly wrong in the ballot distribution process that cannot be ignored,\" Sedwick said. \"PG&E or the attorneys must reach out to claimants with this information. Claimants should not be expected to go looking for the materials.\"\u003c/p>\n\u003cp>The problem is not limited to victims without lawyers.\u003c/p>\n\u003cp>Pleasant Hill-based law firm Rains Lucia Stern, which represents about 50 fire victims, told the bankruptcy court in \u003ca href=\"https://assets.documentcloud.org/documents/6881050/034039848159-Rep-3004060718.pdf\">an affidavit\u003c/a> filed April 30 that the coronavirus pandemic caused a weeks-long slowdown in the process of getting voting materials to clients.\u003c/p>\n\u003cp>Attorney Joseph Lucia wrote that Prime Clerk alerted his office in mid-April \"that COVID-19 had caused delays in mail arriving in a timely manner.\" In response, he said his firm electronically sent solicitation packages with ballots to clients starting on April 21. It wasn't until last week, Lucia wrote, that the hard-copy solicitation documents started to show up in the mail at the firm.\u003c/p>\n\u003cp>Prime Clerk did not respond to KQED's request for comment.\u003c/p>\n\u003cp>A spokesperson for PG&E did not directly address questions about the delay, but said, \"We continue to work diligently to obtain approval for our plan of reorganization by the Bankruptcy Court as soon as possible, so victims will be paid fairly and quickly.\"\u003c/p>\n\u003cp>The involvement of Wall Street interests poised to reap a windfall from the bankruptcy has left survivors like Acosta on edge. A group of mass tort lawyers has also been pushing for approval of the settlement, securing thousands of \"yes\" votes by text and other electronic methods. Voting online may end up being the only option, even for those wary of the integrity of the voting process.\u003c/p>\n\u003cp>\"Why should I have to do that? They said they were going to mail it. How many others have not received theirs?\" Acosta asked, noting that some fire survivors cannot afford reliable internet and cellular service or do not have easy access because of where they live. \"You wonder who is actually overseeing the mailing.\"\u003c/p>\n\u003cp>Jared Ellias, a professor of bankruptcy law at UC Hastings, said the responsibility of ensuring claimants receive their solicitation packages rests with PG&E and Prime Clerk, the claims agent. But given the number of people making claims in the case, he said it's not surprising that there might be problems reaching them all.\u003c/p>\n\u003cp>\"This is a big, complicated, messy process and it was never going to be 100 percent perfect,\" Ellias said. \"And it's up to the bankruptcy judge to make sure that it's close enough so we can all feel confident that justice was done when it comes to the outcome of this voting process.\"\u003c/p>\n\u003caside>\u003cstrong>PG&E Settlement Voting\u003c/strong>\n\u003cp>In response to this story, PG&E recommends that any questions with respect to voting and voting materials be directed to Prime Clerk as follows:\u003c/p>\n\u003cul>\n\u003cli>By telephone at 844-339-4217 (domestic) or 929-333-8977 (international)\u003c/li>\n\u003cli>By email to pgeinfo@primeclerk.com\u003c/li>\n\u003cli>By visiting the PG&E case website at https://restructuring.primeclerk.com/pge.\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003ch3>Voting on a Plan That's 'Not Completed'\u003c/h3>\n\u003cp>Bouffard, the fire refugee now living in Tennessee, says that even if she had her ballot, it's still not completely clear what survivors are voting on.\u003c/p>\n\u003cp>Lawyers for the official committee that represents survivors in the case said last week that even as the vote takes place, they are in mediation with PG&E and other stakeholders over key terms of the deal, like when and how much the utility will pay into the survivors' trust.\u003c/p>\n\u003cp>\"Why are we being asked to vote on something that's not completed? That just seems crazy,\" Bouffard said.\u003c/p>\n\u003cp>On paper, the settlement is worth $13.5 billion, with PG&E \u003ca href=\"https://www.kqed.org/news/11805766/pge-victims-weigh-rare-stock-funded-trust-amid-market-turmoil\">paying half in cash and half as PG&E stock\u003c/a>. But with the COVID-19 pandemic roiling financial markets, the stock component may be worth less than what PG&E promised, say lawyers for the official committee of fire survivors.\u003c/p>\n\u003cp>\"This case is not over,\" wrote committee attorney Robert Julian Wednesday in a brief to U.S. District Judge James Donato, who is charged with estimating the total amount of PG&E's liabilities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In hopes of preventing \"current fire victims from bearing the financial risk of a future wildfire,\" Julian wrote, the committee is seeking guarantees that PG&E will not withhold the first round of payment to the victims' trust until after the coming fire season.\u003c/p>\n\u003cp>In early April, Julian told U.S. Bankruptcy Judge Dennis Montali that when the committee agreed to the settlement, \u003ca href=\"https://www.kqed.org/news/11811339/judge-refuses-to-approve-fire-victims-letter-attacking-pge\">it believed PG&E would pay the cash portion by Aug. 29\u003c/a>, before the height of the 2020 fire season.\u003c/p>\n\u003cp>PG&E bankruptcy attorney Stephen Karotkin told Montali PG&E never offered a concrete commitment to pay the cash by that date.\u003c/p>\n\u003cp>\"We will make the initial funding to the Fire Victim Trust upon our emergence from Chapter 11,\" a PG&E spokesperson said this week. \"We are on track to have our plan confirmed by June 30, 2020, and are currently targeting our emergence from Chapter 11 on or before Aug. 29, 2020.\"\u003c/p>\n\u003cp>Some fire survivors are laying blame not just at the feet of PG&E, but on the survivors' committee, which saw three fire victims resign in protest in late March and early April. Camp Fire survivor Kirk Trostle, who was the first to step down, called the settlement \u003ca href=\"https://www.kqed.org/news/11808826/fire-survivor-resigns-in-protest-from-pge-bankruptcy-committee\">\"deeply flawed and very risky for all fire victims\"\u003c/a> in his resignation letter.\u003c/p>\n\u003cp>After those resignations, the committee started publicly pushing for the guarantees from PG&E.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg",
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},
"link": "/radio/program/bbc-world-service",
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"rss": "https://podcasts.files.bbci.co.uk/p02nq0gn.rss"
}
},
"californiareport": {
"id": "californiareport",
"title": "The California Report",
"tagline": "California, day by day",
"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-California-Report-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/californiareport",
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"source": "kqed",
"order": 8
},
"link": "/californiareport",
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}
},
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"title": "The California Report Magazine",
"tagline": "Your state, your stories",
"info": "Every week, The California Report Magazine takes you on a road trip for the ears: to visit the places and meet the people who make California unique. The in-depth storytelling podcast from the California Report.",
"airtime": "FRI 4:30pm-5pm, 6:30pm-7pm, 11pm-11:30pm",
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"order": 10
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM3NjkwNjk1OTAz",
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},
"city-arts": {
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"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/cityartsandlecture-300x300.jpg",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
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"order": 1
},
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"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"meta": {
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
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"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"source": "kqed",
"order": 9
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"freakonomics-radio": {
"id": "freakonomics-radio",
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"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
"fresh-air": {
"id": "fresh-air",
"title": "Fresh Air",
"info": "Hosted by Terry Gross, \u003cem>Fresh Air from WHYY\u003c/em> is the Peabody Award-winning weekday magazine of contemporary arts and issues. One of public radio's most popular programs, Fresh Air features intimate conversations with today's biggest luminaries.",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"here-and-now": {
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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},
"hidden-brain": {
"id": "hidden-brain",
"title": "Hidden Brain",
"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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},
"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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},
"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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},
"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"order": 15
},
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
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"order": 18
},
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}
},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
"site": "news",
"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
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"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
"site": "news",
"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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