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"content": "\u003cp>The percentage of Americans who favor stricter gun laws is on the rise, though significant partisan divisions persist. A \u003ca href=\"https://www.pewresearch.org/fact-tank/2019/10/16/share-of-americans-who-favor-stricter-gun-laws-has-increased-since-2017/\" target=\"_blank\" rel=\"noopener\">Pew Research Center survey \u003c/a>conducted in September found that 60% of Americans say gun laws should be tougher, up from 57% last year and 52% in 2017.\u003c/p>\n\u003cp>The study, released this week, indicates that while a solid majority of Americans favor stricter gun laws, support remains split down party lines. Eighty-six percent of Democrats and Democratic-leaning independents said gun laws should be stricter than they are today, compared with 31% of their Republican counterparts.\u003c/p>\n\u003cp>Large majorities of Democrats and Republicans somewhat or strongly support barring people with mental illnesses from purchasing guns, as well as making private gun sales and sales at gun shows subject to background checks. But when it comes to banning high-capacity ammunition magazines and assault-style weapons, the parties diverge: Nearly 9 in 10 Democrats favor each of these proposals, compared with roughly half of Republicans.\u003c/p>\n\u003cp>Gun control remains at the forefront of the national conversation in the wake of several mass shootings in the past two years, including those in Las Vegas; Sutherland Springs, Texas; Parkland, Fla.; Pittsburgh; Thousand Oaks, Calif.; Virginia Beach, Va.; El Paso, Texas; Dayton, Ohio; and Midland-Odessa, Texas.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside tag='gun-control' label='More Coverage.']\u003c/span>\u003c/p>\n\u003cp>The number of states with red flag or extreme-risk laws, which allow courts to order the seizure of firearms from those believed to pose an imminent danger to themselves or others, has increased since the 2018 school shooting in Parkland, Fla., that left 17 people dead and 17 others injured. Before Parkland, only five states had red flag laws. By August 2019, 17 states and the District of Columbia had adopted them.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.apmresearchlab.org/gunsurvey\" target=\"_blank\" rel=\"noopener\">APM Research Lab survey\u003c/a> released in August found widespread national approval of red flag laws, with 77 percent of Americans supporting family-initiated extreme risk protection orders and 70 percent in support of those initiated by the police.\u003c/p>\n\u003cp>Cassandra Crifasi, deputy director of the Johns Hopkins Center for Gun Policy and Research, \u003ca href=\"https://www.npr.org/2019/08/20/752427922/poll-americans-including-republicans-and-gun-owners-broadly-support-red-flag-law\" target=\"_blank\" rel=\"noopener\">told NPR in August \u003c/a>that even people who generally oppose gun control might favor red flag laws because they are temporary and specific.\u003c/p>\n\u003cp>Protection orders \"take guns out of the hands of those who should not have them without infringing on the rights of law-abiding gun owners,\" Dr. Mark Rosenberg, who oversaw gun violence research at the Centers for Disease Control and Prevention, \u003ca href=\"https://www.npr.org/sections/health-shots/2019/08/06/748607679/lawmakers-push-for-red-flag-laws-to-take-guns-away-from-people-in-crisis\" target=\"_blank\" rel=\"noopener\">told NPR \u003c/a>in August.\u003c/p>\n\u003cp>The relationship between gun control and gun rights is one of the questions explored in the Pew survey. Overall, it found that 53 percent of Americans believe it is more important to control gun ownership, while 47 percent say it is more important to protect the right of Americans to own guns. Men are more likely to favor protecting gun rights, while women are more likely to favor controlling gun ownership.\u003c/p>\n\u003cp>The study's release came just days after California Gov. Gavin Newsom signed a \u003ca href=\"https://www.gov.ca.gov/2019/10/11/governor-gavin-newsom-signs-gun-violence-prevention-legislation/\" target=\"_blank\" rel=\"noopener\">package of 15 bills\u003c/a> related to gun violence prevention.\u003c/p>\n\u003cp>\"It's not about solving individual problems, it's about changing the dynamic, changing the trend lines,\" Newsom said as he signed the bills.\u003c/p>\n\u003cp>Despite growing national support for stricter gun laws, such legislation still generates controversy. One of these bills, AB 61, is facing criticism from both the National Rifle Association and the American Civil Liberties Union for expanding \u003ca href=\"https://www.gov.ca.gov/2019/10/11/governor-gavin-newsom-signs-gun-violence-prevention-legislation/\" target=\"_blank\" rel=\"noopener\">California's red flag law.\u003c/a>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size='medium' align='right' citation='Gov. Gavin Newsom']'It's not about solving individual problems, it's about changing the dynamic, changing the trend lines.'[/pullquote]\u003c/span>\u003c/p>\n\u003cp>It will enable employers, co-workers, employees and teachers — not just family members and police officers — to seek gun violence restraining orders from people they see as posing a potential threat.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.newsweek.com/why-does-aclu-oppose-some-californias-new-gun-laws-1464920\" target=\"_blank\" rel=\"noopener\">ACLU believes\u003c/a> this law \"poses a significant threat to civil liberties\" and has voiced concern that people in this expanded category may lack \"the relationship or skills required to make an appropriate assessment.\" The \u003ca href=\"https://www.nraila.org/articles/20191011/california-governor-newsom-signs-anti-gun-bills-into-law\" target=\"_blank\" rel=\"noopener\">NRA described\u003c/a> the new laws as \"continuing the assault on our Second Amendment rights in the Golden State.\"\u003c/p>\n\u003cp>There were 57,473 gun violence incidents in 2018, according to the \u003ca href=\"https://www.gunviolencearchive.org/past-tolls\" target=\"_blank\" rel=\"noopener\">Gun Violence Archive\u003c/a>, an independent data collection and research group that collects gun violence numbers from law enforcement, media, government, and commercial sources.\u003c/p>\n\u003cp>\u003cem>Rachel Treisman is an intern on NPR's National Desk. \u003c/em>\u003c/p>\n\u003chr>\n\u003cp>\u003cem>Pew results come from a survey of 9,895 U.S. adults conducted from Sept. 3 to Sept. 15. The margin of sampling error for the full sample of 9,895 respondents is 1.5 percentage points.\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Poll%3A+Number+Of+Americans+Who+Favor+Stricter+Gun+Laws+Continues+To+Grow&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cdiv>\u003c/div>\n\u003cdiv>[ad fullwidth]\u003c/div>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>The number of states with red flag or extreme-risk laws, which allow courts to order the seizure of firearms from those believed to pose an imminent danger to themselves or others, has increased since the 2018 school shooting in Parkland, Fla., that left 17 people dead and 17 others injured. Before Parkland, only five states had red flag laws. By August 2019, 17 states and the District of Columbia had adopted them.\u003c/p>\n\u003cp>An \u003ca href=\"https://www.apmresearchlab.org/gunsurvey\" target=\"_blank\" rel=\"noopener\">APM Research Lab survey\u003c/a> released in August found widespread national approval of red flag laws, with 77 percent of Americans supporting family-initiated extreme risk protection orders and 70 percent in support of those initiated by the police.\u003c/p>\n\u003cp>Cassandra Crifasi, deputy director of the Johns Hopkins Center for Gun Policy and Research, \u003ca href=\"https://www.npr.org/2019/08/20/752427922/poll-americans-including-republicans-and-gun-owners-broadly-support-red-flag-law\" target=\"_blank\" rel=\"noopener\">told NPR in August \u003c/a>that even people who generally oppose gun control might favor red flag laws because they are temporary and specific.\u003c/p>\n\u003cp>Protection orders \"take guns out of the hands of those who should not have them without infringing on the rights of law-abiding gun owners,\" Dr. Mark Rosenberg, who oversaw gun violence research at the Centers for Disease Control and Prevention, \u003ca href=\"https://www.npr.org/sections/health-shots/2019/08/06/748607679/lawmakers-push-for-red-flag-laws-to-take-guns-away-from-people-in-crisis\" target=\"_blank\" rel=\"noopener\">told NPR \u003c/a>in August.\u003c/p>\n\u003cp>The relationship between gun control and gun rights is one of the questions explored in the Pew survey. Overall, it found that 53 percent of Americans believe it is more important to control gun ownership, while 47 percent say it is more important to protect the right of Americans to own guns. Men are more likely to favor protecting gun rights, while women are more likely to favor controlling gun ownership.\u003c/p>\n\u003cp>The study's release came just days after California Gov. Gavin Newsom signed a \u003ca href=\"https://www.gov.ca.gov/2019/10/11/governor-gavin-newsom-signs-gun-violence-prevention-legislation/\" target=\"_blank\" rel=\"noopener\">package of 15 bills\u003c/a> related to gun violence prevention.\u003c/p>\n\u003cp>\"It's not about solving individual problems, it's about changing the dynamic, changing the trend lines,\" Newsom said as he signed the bills.\u003c/p>\n\u003cp>Despite growing national support for stricter gun laws, such legislation still generates controversy. One of these bills, AB 61, is facing criticism from both the National Rifle Association and the American Civil Liberties Union for expanding \u003ca href=\"https://www.gov.ca.gov/2019/10/11/governor-gavin-newsom-signs-gun-violence-prevention-legislation/\" target=\"_blank\" rel=\"noopener\">California's red flag law.\u003c/a>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>It will enable employers, co-workers, employees and teachers — not just family members and police officers — to seek gun violence restraining orders from people they see as posing a potential threat.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.newsweek.com/why-does-aclu-oppose-some-californias-new-gun-laws-1464920\" target=\"_blank\" rel=\"noopener\">ACLU believes\u003c/a> this law \"poses a significant threat to civil liberties\" and has voiced concern that people in this expanded category may lack \"the relationship or skills required to make an appropriate assessment.\" The \u003ca href=\"https://www.nraila.org/articles/20191011/california-governor-newsom-signs-anti-gun-bills-into-law\" target=\"_blank\" rel=\"noopener\">NRA described\u003c/a> the new laws as \"continuing the assault on our Second Amendment rights in the Golden State.\"\u003c/p>\n\u003cp>There were 57,473 gun violence incidents in 2018, according to the \u003ca href=\"https://www.gunviolencearchive.org/past-tolls\" target=\"_blank\" rel=\"noopener\">Gun Violence Archive\u003c/a>, an independent data collection and research group that collects gun violence numbers from law enforcement, media, government, and commercial sources.\u003c/p>\n\u003cp>\u003cem>Rachel Treisman is an intern on NPR's National Desk. \u003c/em>\u003c/p>\n\u003chr>\n\u003cp>\u003cem>Pew results come from a survey of 9,895 U.S. adults conducted from Sept. 3 to Sept. 15. The margin of sampling error for the full sample of 9,895 respondents is 1.5 percentage points.\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Poll%3A+Number+Of+Americans+Who+Favor+Stricter+Gun+Laws+Continues+To+Grow&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cdiv>\u003c/div>\n\u003cdiv>\u003c/p>\u003c/div>",
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"content": "\u003cp>San Francisco Mayor London Breed on Thursday announced a plan to shut down the county jail on Bryant Street within two years and relocate its roughly 300 inmates.\u003c/p>\n\u003cp>The order follows years of warnings that the structure could crumble in a major earthquake.\u003c/p>\n\u003cp>“It is one of the most inhumane facilities that we have,” Breed said. “At this point we need to get everyone out of there.”\u003c/p>\n\u003cp>Under Breed’s order, inmates in County Jail 4, located on the top floor of the dilapidated Hall of Justice building, must be moved by July 2021, the same deadline set for hundreds of staffers in the building.\u003c/p>\n\u003cp>The crumbling edifice, which houses a host of criminal justice offices — including those of the district attorney, public defender and county sheriff — was first declared seismically unsafe in the 1990s. For years, city officials have been trying to wind down operations there.\u003c/p>\n\u003cfigure id=\"attachment_11781240\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/2019/10/19/s-f-mayor-breed-orders-inmates-moved-from-seismically-unsafe-county-jail-by-2021/rs39540__m6a0664-qut-2/\" rel=\"attachment wp-att-11781240\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781240\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco’s Hall of Justice. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But until now, no firm deadline has been set for relocating inmates in the jail.\u003c/p>\n\u003cp>Breed said the city is still figuring out where the inmates will be moved and how to pay for it. Among the multiple options floated is to send some inmates to out-of-county facilities.\u003c/p>\n\u003cp>Breed’s plan was challenged at a hearing of the Board of Supervisors on Friday, with some city leaders expressing skepticism about how the move would actually transpire by the stated deadline.\u003c/p>\n\u003cp>“We still do not have any details about how this is going to happen,” said Supervisor Matt Haney. “We don’t know where people are going to go and when. We don’t know how much it’s going to cost. We don’t know what our options are as a policy making body.”\u003c/p>\n\u003cp>San Francisco Sheriff Vicki Hennessy joined the chorus of criticism, saying the city needed to build a new jail, not send inmates outside the county. Doing so, she said, would be “a horrible plan because it separates people from their families, from their legal council and their support groups.”\u003c/p>\n\u003cp>In late 2015, supervisors voted down a costly plan to build a new jail, forgoing an $80 million grant from the state.\u003c/p>\n\u003cfigure id=\"attachment_11781239\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/2019/10/19/s-f-mayor-breed-orders-inmates-moved-from-seismically-unsafe-county-jail-by-2021/rs39563__m6a0838-qut/\" rel=\"attachment wp-att-11781239\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781239\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Hall of Justice building has had longstanding maintenance issues, including sewage leaks. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city hopes to demolish much of the current Hall of Justice building by 2025 and replace it with a consolidated “justice center” focused more on rehabilitation services.\u003c/p>\n\u003cp>In addition to seismic concerns, the current building, constructed in 1958, has also had frequent maintenance issues in recent years, including sewage leaks.\u003c/p>\n\u003cp>Breed said approaches to criminal justice have changed dramatically since the jail first opened: Back in the 1950s, 1960s and 1970s, she said, “we would just build facilities and incarcerate people without the prospect of rehabilitation or change.”\u003c/p>\n\u003cp>Now, she added, she wants to build “a hall of justice that represents how we are today.”\u003c/p>\n\u003cp>\u003cem>KQED’s Holly McDede contributed reporting.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The plan involves relocating the jail's more than 300 inmates by July 2021.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco Mayor London Breed on Thursday announced a plan to shut down the county jail on Bryant Street within two years and relocate its roughly 300 inmates.\u003c/p>\n\u003cp>The order follows years of warnings that the structure could crumble in a major earthquake.\u003c/p>\n\u003cp>“It is one of the most inhumane facilities that we have,” Breed said. “At this point we need to get everyone out of there.”\u003c/p>\n\u003cp>Under Breed’s order, inmates in County Jail 4, located on the top floor of the dilapidated Hall of Justice building, must be moved by July 2021, the same deadline set for hundreds of staffers in the building.\u003c/p>\n\u003cp>The crumbling edifice, which houses a host of criminal justice offices — including those of the district attorney, public defender and county sheriff — was first declared seismically unsafe in the 1990s. For years, city officials have been trying to wind down operations there.\u003c/p>\n\u003cfigure id=\"attachment_11781240\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/2019/10/19/s-f-mayor-breed-orders-inmates-moved-from-seismically-unsafe-county-jail-by-2021/rs39540__m6a0664-qut-2/\" rel=\"attachment wp-att-11781240\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781240\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39540__M6A0664-qut-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco’s Hall of Justice. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But until now, no firm deadline has been set for relocating inmates in the jail.\u003c/p>\n\u003cp>Breed said the city is still figuring out where the inmates will be moved and how to pay for it. Among the multiple options floated is to send some inmates to out-of-county facilities.\u003c/p>\n\u003cp>Breed’s plan was challenged at a hearing of the Board of Supervisors on Friday, with some city leaders expressing skepticism about how the move would actually transpire by the stated deadline.\u003c/p>\n\u003cp>“We still do not have any details about how this is going to happen,” said Supervisor Matt Haney. “We don’t know where people are going to go and when. We don’t know how much it’s going to cost. We don’t know what our options are as a policy making body.”\u003c/p>\n\u003cp>San Francisco Sheriff Vicki Hennessy joined the chorus of criticism, saying the city needed to build a new jail, not send inmates outside the county. Doing so, she said, would be “a horrible plan because it separates people from their families, from their legal council and their support groups.”\u003c/p>\n\u003cp>In late 2015, supervisors voted down a costly plan to build a new jail, forgoing an $80 million grant from the state.\u003c/p>\n\u003cfigure id=\"attachment_11781239\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/news/2019/10/19/s-f-mayor-breed-orders-inmates-moved-from-seismically-unsafe-county-jail-by-2021/rs39563__m6a0838-qut/\" rel=\"attachment wp-att-11781239\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781239\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/RS39563__M6A0838-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Hall of Justice building has had longstanding maintenance issues, including sewage leaks. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city hopes to demolish much of the current Hall of Justice building by 2025 and replace it with a consolidated “justice center” focused more on rehabilitation services.\u003c/p>\n\u003cp>In addition to seismic concerns, the current building, constructed in 1958, has also had frequent maintenance issues in recent years, including sewage leaks.\u003c/p>\n\u003cp>Breed said approaches to criminal justice have changed dramatically since the jail first opened: Back in the 1950s, 1960s and 1970s, she said, “we would just build facilities and incarcerate people without the prospect of rehabilitation or change.”\u003c/p>\n\u003cp>Now, she added, she wants to build “a hall of justice that represents how we are today.”\u003c/p>\n\u003cp>\u003cem>KQED’s Holly McDede contributed reporting.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "a-landmark-lawsuit-aimed-to-fix-special-ed-for-californias-black-students-it-didnt",
"title": "A Landmark Lawsuit Aimed to Fix Special Ed for California's Black Students. It Didn’t.",
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"content": "\u003cp>Darryl Lester was at his mom’s place in Tacoma, Washington, when a letter he’d been waiting for arrived in the mail. At 40, he was destitute, in pain and out of work.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Darryl Lester, lead plaintiff in landmark special education lawsuit in California']‘My dream is to be able to pick up a book and read it by myself.’[/pullquote]The letter delivered good news: Lester would be getting disability benefits after blowing out his back in a sheet metal accident. But he crumpled it up and threw it in the trash.\u003c/p>\n\u003cp>Why? Because he couldn’t read it. From first through seventh grades, Lester had attended three public schools in San Francisco. At each, he struggled with reading and didn’t get the help he needed for it.\u003c/p>\n\u003cp>What he didn’t know until last year: His reading difficulties had made him the lead plaintiff — under the pseudonym Larry P. — in a landmark lawsuit that changed special education for black students across California. October marks the 40th anniversary of the judge’s ruling, which was supposed to help fix a system he had deemed discriminatory. But many educators, black parents and advocates for black students say plenty remains broken.\u003c/p>\n\u003cp>\u003cstrong>‘Educable Mentally Retarded’\u003c/strong>\u003c/p>\n\u003cp>Before the Larry P. case, California education code \u003ca href=\"https://law.justia.com/cases/federal/district-courts/FSupp/495/926/2007878/\" target=\"_blank\" rel=\"noopener\">required\u003c/a> school districts to use IQ scores when assessing students for special education.\u003c/p>\n\u003cp>Based on the test results, black students statewide — young Darryl included — wound up categorized as “educable mentally retarded” at disproportionate rates: 27% labeled that way in 1968 were black — even though black students made up less than 9% of the student body.\u003c/p>\n\u003cp>That same year, a group of black psychologists broke off from the American Psychological Association in protest over black community concerns that they believed the larger organization was too slow to address. Their top priority was to stop districts from using IQ tests, which they thought were culturally biased, to decide who belonged in special education, said one of the breakaway group’s founders, Harold Dent.\u003c/p>\n\u003cp>When the Bay Area chapter of the Association of Black Psychologists learned of complaints from black parents in San Francisco, they teamed up with civil rights lawyers and sued in 1971.\u003c/p>\n\u003cp>As a group, African Americans across the country scored lower on IQ tests. The \u003ca href=\"https://law.justia.com/cases/federal/district-courts/FSupp/495/926/2007878/\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> alleged that was because the tests were biased toward Eurocentric culture. Questions like, ”Who wrote Romeo and Juliet,” they argued, didn’t assess a student’s innate capacity to learn. It tested knowledge that some – and not others — had acquired at home or school.\u003c/p>\n\u003cp>U.S. District Judge Robert Peckham agreed, calling the tests “racially and culturally biased” and “discriminatory.” He ordered a permanent ban on IQ testing of black students across California for purposes of special education placement. Today, California is the only state that has such a ban.\u003c/p>\n\u003cp>The students who landed in classes for the “educable mentally retarded,” Peckham wrote, were doomed to fall “farther and farther behind,” because — instead of academics — the classes emphasized “personal hygiene and grooming” and “basic home and community living skills.”\u003c/p>\n\u003cp>Darryl Lester remembers those classes: lots of recess time and plenty of field trips.\u003c/p>\n\u003cp>“I walked to school and cried all the way,” he said. “I just didn’t like it, you know, because they wasn’t teaching us nothing.”\u003c/p>\n\u003cp>\u003cstrong>The District Labeled Her Son Mentally Retarded — and Didn’t Tell Her\u003c/strong>\u003c/p>\n\u003cp>Lester and his mom and older brothers moved from Marietta, Georgia, to San Francisco in 1965, he said, because “she didn’t want to find us dead one day hanging by a tree.”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Darryl Lester, lead plaintiff in landmark special education lawsuit in California']‘I walked to school and cried all the way. I just didn’t like it, you know, because they wasn’t teaching us nothing.’[/pullquote]Their first home was a Victorian in the Fillmore District. Lester said he learned his way around the “gorgeous” city by bus and bicycle. Life was pretty good, except in school. Although he was “very good at math,” Lester said, he had a hard time with reading.\u003c/p>\n\u003cp>Lester said he remembers a teacher telling him he was looking at words backwards as he sought to pronounce them. People with dyslexia see words the same way as everyone else — but have a neurobiological language processing disorder that’s often responsive to intervention.\u003c/p>\n\u003cp>Whether Lester has dyslexia is unclear. What is clear is that instead of getting help with his reading, he got teased, into fights and suspended.\u003c/p>\n\u003cp>“I would get frustrated, agitated, upset, and then I’d get sent to the principal’s office,” he said.\u003c/p>\n\u003cp>Lester’s mom, Lucille Lester, didn’t learn that the school district had labeled her son “mentally retarded” until one of the black psychologists visited their home to evaluate Darryl and go through some tests.\u003c/p>\n\u003cp>“After he talked to Darryl, he turns to me and says, ‘Well, there is nothing wrong with this child,’ ” she testified in court in 1977.\u003c/p>\n\u003cp>That, she said, is when he told her what kind of classes Darryl had been attending.\u003c/p>\n\u003cp>“Naturally I didn’t feel good about it, and I got angry about it,” she told the court. “This is when I really found out what was really going on.”\u003c/p>\n\u003cfigure id=\"attachment_11781040\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781040\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-800x600.jpg\" alt=\"Family photos adorn the walls of Darryl and Cecilia Lester’s home in Tacoma, Washington. On the right is Darryl’s mother, Lucille Lester, now 91.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1020x764.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1200x899.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1376x1032.jpg 1376w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1044x783.jpg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-632x474.jpg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-536x402.jpg 536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut.jpg 1680w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Family photos adorn the walls of Darryl and Cecilia Lester’s home in Tacoma, Washington. On the right is Darryl’s mother, Lucille Lester, now 91. \u003ccite>(Lee Romney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Not long after, Lucille Lester packed up the family and headed to Tacoma, where an older son was serving on a nearby military base. There, Darryl continued to struggle, because as Judge Peckham had predicted, he had fallen behind.\u003c/p>\n\u003cp>His new high school placed him in a half-day special education program. The other half, he spent at Safeway. Every morning, Lester said, he reported at 7:30 a.m. to the grocery store, where he worked for high school credits — but no pay — until 11 a.m. before attending a few classes in the back of the campus.\u003c/p>\n\u003cp>After his family protested, the school put him in with the other kids.\u003c/p>\n\u003cp>He tried hard, going to “summer school, night classes, hardly getting any sleep,” but fell two credits short of a high school diploma, Lester said.\u003c/p>\n\u003cp>To this day, Lester, now 60, can barely read.\u003c/p>\n\u003cp>Lester knew he was part of a lawsuit. His mom had joined it on his behalf in 1971 — the year it was filed and when the family moved to Tacoma.\u003c/p>\n\u003cp>But until a reporter tracked him down last year, he never knew his pseudonym was “Larry P.” And he knew nothing of the ruling’s lasting impact on California schools.\u003c/p>\n\u003cp>Of the 1977 trip to the courthouse, Lester, then 18, recalled: “I asked my momma, ‘Are we done?’ And she said, ‘Yes son, we done.’ ”\u003c/p>\n\u003cp>They never spoke of it again.\u003c/p>\n\u003cfigure id=\"attachment_11781037\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781037\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-800x472.jpg\" alt=\"Darryl Lester gets ready to share his experiences on a March 2019 panel of black San Francisco parents who are navigating the special education system.\" width=\"800\" height=\"472\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-800x472.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-160x94.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-1020x601.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-1200x708.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Darryl Lester gets ready to share his experiences on a March 2019 panel of black San Francisco parents who are navigating the special education system. \u003ccite>(Joe Goyos/Support for Families of Children With Disabilities)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Special Education Today\u003c/strong>\u003c/p>\n\u003cp>The Larry P. judge made California school districts reassess all black students who’d been designated “educable mentally retarded” — without IQ tests — and the numbers dropped. He banned the use of the tests specifically for black students. In time, more subtle special education categories replaced the old ones.\u003c/p>\n\u003cp>By the time the judge ruled in 1979, a new \u003ca href=\"https://www2.ed.gov/policy/speced/leg/idea/history.html\" target=\"_blank\" rel=\"noopener\">federal law\u003c/a> enacted in 1975 guaranteed students with disabilities equal access to public education. Today, each special education student gets an Individualized Education Program, or IEP, which spells out their struggles and the support they’ll get at school.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Jean Robertson, chief of special education services for San Francisco Unified School District, on deciding who belongs in special education and who requires other types of support']‘That’s the crux of my tension in this work. That is with me every single day, particularly for black children.’[/pullquote]But \u003ca href=\"https://www2.ed.gov/programs/osepidea/618-data/LEA-racial-ethnic-disparities-tables/disproportionality-analysis-by-state-analysis-category.pdf\" target=\"_blank\" rel=\"noopener\">data\u003c/a> released in 2016 show that black students nationwide are still being placed disproportionately in special education — particularly in categories like “emotional disturbance,” which are tied to behavior. They’re underassessed in categories such as autism spectrum disorder. And some who need special education don’t get assessed for anything. That, parents and special education advocates say, is because some teachers expect so little of them.\u003c/p>\n\u003cp>Despite those risks, plenty of black parents want their kids in special education because it gives families a legal avenue to hold schools accountable. Last year, a group of black parents gathered at a San Francisco school to talk about their struggles getting their kids assessed and making sure they receive the support guaranteed under the law.\u003c/p>\n\u003cp>Many black families find themselves navigating the system because nearly one in three black students in San Francisco Unified School District (SFUSD) is in special education — compared to one in eight non-black students, district data \u003ca href=\"//drive.google.com/open?id=13EX-vu62Ie1EcPO0VcoM-lI2lp-eEmwE\" target=\"_blank\" rel=\"noopener\">shows\u003c/a>.\u003c/p>\n\u003cp>That overrepresentation is highest in special education categories dealing with behavior. And educators, \u003ca href=\"http://kirwaninstitute.osu.edu/racial-disproportionality-in-school-discipline-implicit-bias-is-heavily-implicated/\" target=\"_blank\" rel=\"noopener\">studies show\u003c/a>, are more likely to perceive the behavior of black boys as aggressive or defiant. That’s why black boys routinely post the highest rates of suspensions and expulsions in the country.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Mauricha Robinson said it’s not just boys: Her daughter Zariah excelled in school until sixth grade — when the curriculum got more complex. She tanked in her studies for the next two years.\u003c/p>\n\u003cp>Instead of seeking to assess Zariah for special needs, Robinson said, the school was kicking her out of class, sending her home or to the principal’s office.\u003c/p>\n\u003cp>“It was just, ‘How do we curb the behavior, behavior, behavior,’ ” she said. “And it was all punitive.”\u003c/p>\n\u003cp>Like all districts in California, SFUSD is working to reduce the disproportionately high numbers of black students in special education. Robinson speculates maybe that’s why no one in Zariah’s school sought to have her assessed, “to avoid stigmatizing another black child with a special education label.” But she thinks stereotypes played in, too, “of her being a black girl. Aggressive, ‘adultifying’ her, or ‘she’s sassy’ or ‘she’s outspoken.’ ”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Darryl Lester, lead plaintiff in landmark special education lawsuit in California']‘If you’re a kid that can’t read something, it’s embarrassing.’[/pullquote]That’s also common: \u003ca href=\"https://www.aecf.org/blog/new-study-the-adultification-of-black-girls/\" target=\"_blank\" rel=\"noopener\">Research\u003c/a> has shown that adults at school often treat black girls “as less innocent and more adult-like than white girls of the same age” and punish them more harshly as a result.\u003c/p>\n\u003cp>So Robinson got some advice: If she requested her daughter get assessed, she’d be inoculated against expulsion. And she did: The assessment showed Zariah has a learning disability — a cognitive processing disorder that affects short-term memory and comprehension.\u003c/p>\n\u003cp>For eighth grade, Robinson moved Zariah into a regular class in a new school with some special assistance. It’s called “full inclusion” and aims to keep special education students from being singled out. Zariah’s grades shot up.\u003c/p>\n\u003cp>Jean Robertson, chief of special education services for SFUSD, said the push for “full inclusion” is among many changes the district has been implementing since a 2010 audit found black students were more likely to be segregated from the mainstream student population in special classes.\u003c/p>\n\u003cp>The \u003ca href=\"https://drive.google.com/open?id=1ApjCq-tEsycdkQD9UkeUkik-8owoQsCwXtrs0P6Cw8w\" target=\"_blank\" rel=\"noopener\">audit\u003c/a> also found black students were significantly overrepresented in several special education categories, like “emotional disturbance”: They were 8.5 times more likely than non-black students to be designated “emotionally disturbed.” Today, that number is down to about four times more likely.\u003c/p>\n\u003cfigure id=\"attachment_11781036\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781036\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-800x543.jpg\" alt=\"In 2010, black students at SF Unified School District were 8.5 times more likely than non-black students to be labeled “emotionally disturbed.” Today, that’s down to about four times more likely.\" width=\"800\" height=\"543\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-800x543.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-160x109.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-1020x692.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-1200x814.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut.jpg 1802w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In 2010, black students at SFUSD were 8.5 times more likely than non-black students to be labeled “emotionally disturbed.” Today, that’s down to about four times more likely. \u003ccite>(San Francisco Unified School District)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California Department of Education data received in response to a public records request show 28 of the state’s nearly 1,000 school districts faring worse for black students in that category. The relatively low number of 28 is not surprising since many districts serve a very small number of black students, or none at all. At the high end, the data showed that one Southern California district is 12 times more likely to categorize black students as “emotionally disturbed.”\u003c/p>\n\u003cp>Other changes SFUSD has made over the past decade include working to support students early on so they don’t land in special education, doing deeper assessments and better tailoring services to each special education student instead of putting them in cookie-cutter programs.\u003c/p>\n\u003cp>But deciding who belongs in special education and who requires other types of support remains a huge challenge.\u003c/p>\n\u003cp>“That’s the crux of my tension in this work,” Robertson said. “That is with me every single day, particularly for black children.”\u003c/p>\n\u003cp>\u003cstrong>Putting an IQ Label on Students Is Like ‘Walking Around With Dynamite’\u003c/strong>\u003c/p>\n\u003cp>The IQ testing ban at the heart of the Larry P. ruling has created tensions of its own. The California Association of School Psychologists wants it lifted, noting that the persistent overrepresentation of black students in special education shows the ban hasn’t served its purpose.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Mauricha Robinson, on trying to get help for her daughter, Zariah, an SFUSD student']“It was just, ‘How do we curb the behavior, behavior, behavior. And it was all punitive.’ “[/pullquote]\u003c/p>\n\u003cp>But many advocates for black students want the ban to remain in place, saying so many other biases still exist in the educational system.\u003c/p>\n\u003cp>John Affeldt, a managing attorney at Public Advocates, one of the civil rights firms that filed the Larry P. lawsuit, acknowledged IQ tests have improved since then — but not by enough.\u003c/p>\n\u003cp>Putting an intelligence label on a student is “like walking around with dynamite,” he said. “It’s not going to blow up for every kid.”\u003c/p>\n\u003cp>But when it does, the cost is simply too high.\u003c/p>\n\u003cp>That’s what happened to Darryl Lester. His lack of an education, inability to read and the shame he carried cost him. He struggled with addiction and low-wage jobs before hard physical labor left him disabled.\u003c/p>\n\u003cp>Lester said he has worked hard to rise above all that. He has been sober for 18 years now, happily married for 14. He and his wife, Cecilia Lester, now live in a redeveloped Tacoma housing project.\u003c/p>\n\u003cp>But Cecilia sometimes finds him alone, crying.\u003c/p>\n\u003cp>“It hurts on the inside, but you have to swallow your pride and look over it and just find some strength somewhere and say, ‘Hey, come on, you can do this. I’m better than this,’ and that gets me through the day,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11781165\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781165\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-800x600.jpeg\" alt=\"Darryl Lester at Fisherman’s Wharf in March 2019 on his first visit to San Francisco since he testified in the “Larry P.” trial in 1977.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-160x120.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-1200x900.jpeg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-1044x783.jpeg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-632x474.jpeg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-536x402.jpeg 536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF.jpeg 1280w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Darryl Lester at Fisherman’s Wharf in March 2019 on his first visit to San Francisco since he testified in the “Larry P.” trial in 1977. \u003ccite>(Lee Romney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>‘To Be Able to Pick Up a Book and Read it by Myself’\u003c/strong>\u003c/p>\n\u003cp>The Larry P. case remains the subject of \u003ca href=\"https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=%22larry+p%22+%22special+education%22&btnG=\" target=\"_blank\" rel=\"noopener\">academic articles\u003c/a>, online tutorials and plenty of debate. But for decades, the identity of Larry P. — and what happened to him — remained a mystery.\u003c/p>\n\u003cp>That’s no longer true, and Darryl Lester said he wants some good to come of it.\u003c/p>\n\u003cp>[aside tag='schools' label='Related Coverage']Revisiting his schooling and the burden he carried into adulthood has been painful, he said. But it has driven him to share his experience in hopes that it might help today’s black students who aren’t getting the support they need.\u003c/p>\n\u003cp>Last spring, Lester returned to San Francisco for the first time since he testified. He was the guest of honor on a panel that included mothers of current black special education students.\u003c/p>\n\u003cp>“If a teacher’s not helping you, that is not good,” Lester told the gathering of educators, disability rights advocates and black parents, his voice cracking. “You’ve got other kids that will make fun of you. And if you’re a kid that can’t read something, it’s embarrassing.”\u003c/p>\n\u003cp>To the few students who attended the event, Lester said he had a special message: They should fight for an education and never feel ashamed.\u003c/p>\n\u003cp>Next week, he’ll tell his story again at the convention of the California Association of School Psychologists, the organization trying to lift that Larry P. ban.\u003c/p>\n\u003cp>Meanwhile, the grassroots group Decoding Dyslexia CA and the Northern California branch of the International Dyslexia Association are fundraising to create a “Larry P.” scholarship for African American students in Northern California who are struggling to read.\u003c/p>\n\u003cp>Decoding Dyslexia CA has also found a tutor in Tacoma to teach Lester to read. Lester knows it will be hard work, but he said: “My dream is to be able to pick up a book and read it by myself.”\u003c/p>\n\u003cp>\u003cem>An \u003ca href=\"https://www.kalw.org/post/legacy-mistreatment-san-francisco-s-black-special-ed-students#stream/0\" target=\"_blank\" rel=\"noopener\">earlier version\u003c/a> of this story aired on KALW’s news magazine, Crosscurrents. This story was reported with the \u003ca href=\"http://www.centerforhealthjournalism.org/\" target=\"_blank\" rel=\"noopener\">support\u003c/a> of the Fund for Journalism on Child Well-Being, a program of the University of Southern California Center for Health Journalism.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"title": "A Landmark Lawsuit Aimed to Fix Special Ed for California's Black Students. It Didn’t. | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Darryl Lester was at his mom’s place in Tacoma, Washington, when a letter he’d been waiting for arrived in the mail. At 40, he was destitute, in pain and out of work.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The letter delivered good news: Lester would be getting disability benefits after blowing out his back in a sheet metal accident. But he crumpled it up and threw it in the trash.\u003c/p>\n\u003cp>Why? Because he couldn’t read it. From first through seventh grades, Lester had attended three public schools in San Francisco. At each, he struggled with reading and didn’t get the help he needed for it.\u003c/p>\n\u003cp>What he didn’t know until last year: His reading difficulties had made him the lead plaintiff — under the pseudonym Larry P. — in a landmark lawsuit that changed special education for black students across California. October marks the 40th anniversary of the judge’s ruling, which was supposed to help fix a system he had deemed discriminatory. But many educators, black parents and advocates for black students say plenty remains broken.\u003c/p>\n\u003cp>\u003cstrong>‘Educable Mentally Retarded’\u003c/strong>\u003c/p>\n\u003cp>Before the Larry P. case, California education code \u003ca href=\"https://law.justia.com/cases/federal/district-courts/FSupp/495/926/2007878/\" target=\"_blank\" rel=\"noopener\">required\u003c/a> school districts to use IQ scores when assessing students for special education.\u003c/p>\n\u003cp>Based on the test results, black students statewide — young Darryl included — wound up categorized as “educable mentally retarded” at disproportionate rates: 27% labeled that way in 1968 were black — even though black students made up less than 9% of the student body.\u003c/p>\n\u003cp>That same year, a group of black psychologists broke off from the American Psychological Association in protest over black community concerns that they believed the larger organization was too slow to address. Their top priority was to stop districts from using IQ tests, which they thought were culturally biased, to decide who belonged in special education, said one of the breakaway group’s founders, Harold Dent.\u003c/p>\n\u003cp>When the Bay Area chapter of the Association of Black Psychologists learned of complaints from black parents in San Francisco, they teamed up with civil rights lawyers and sued in 1971.\u003c/p>\n\u003cp>As a group, African Americans across the country scored lower on IQ tests. The \u003ca href=\"https://law.justia.com/cases/federal/district-courts/FSupp/495/926/2007878/\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> alleged that was because the tests were biased toward Eurocentric culture. Questions like, ”Who wrote Romeo and Juliet,” they argued, didn’t assess a student’s innate capacity to learn. It tested knowledge that some – and not others — had acquired at home or school.\u003c/p>\n\u003cp>U.S. District Judge Robert Peckham agreed, calling the tests “racially and culturally biased” and “discriminatory.” He ordered a permanent ban on IQ testing of black students across California for purposes of special education placement. Today, California is the only state that has such a ban.\u003c/p>\n\u003cp>The students who landed in classes for the “educable mentally retarded,” Peckham wrote, were doomed to fall “farther and farther behind,” because — instead of academics — the classes emphasized “personal hygiene and grooming” and “basic home and community living skills.”\u003c/p>\n\u003cp>Darryl Lester remembers those classes: lots of recess time and plenty of field trips.\u003c/p>\n\u003cp>“I walked to school and cried all the way,” he said. “I just didn’t like it, you know, because they wasn’t teaching us nothing.”\u003c/p>\n\u003cp>\u003cstrong>The District Labeled Her Son Mentally Retarded — and Didn’t Tell Her\u003c/strong>\u003c/p>\n\u003cp>Lester and his mom and older brothers moved from Marietta, Georgia, to San Francisco in 1965, he said, because “she didn’t want to find us dead one day hanging by a tree.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Their first home was a Victorian in the Fillmore District. Lester said he learned his way around the “gorgeous” city by bus and bicycle. Life was pretty good, except in school. Although he was “very good at math,” Lester said, he had a hard time with reading.\u003c/p>\n\u003cp>Lester said he remembers a teacher telling him he was looking at words backwards as he sought to pronounce them. People with dyslexia see words the same way as everyone else — but have a neurobiological language processing disorder that’s often responsive to intervention.\u003c/p>\n\u003cp>Whether Lester has dyslexia is unclear. What is clear is that instead of getting help with his reading, he got teased, into fights and suspended.\u003c/p>\n\u003cp>“I would get frustrated, agitated, upset, and then I’d get sent to the principal’s office,” he said.\u003c/p>\n\u003cp>Lester’s mom, Lucille Lester, didn’t learn that the school district had labeled her son “mentally retarded” until one of the black psychologists visited their home to evaluate Darryl and go through some tests.\u003c/p>\n\u003cp>“After he talked to Darryl, he turns to me and says, ‘Well, there is nothing wrong with this child,’ ” she testified in court in 1977.\u003c/p>\n\u003cp>That, she said, is when he told her what kind of classes Darryl had been attending.\u003c/p>\n\u003cp>“Naturally I didn’t feel good about it, and I got angry about it,” she told the court. “This is when I really found out what was really going on.”\u003c/p>\n\u003cfigure id=\"attachment_11781040\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781040\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-800x600.jpg\" alt=\"Family photos adorn the walls of Darryl and Cecilia Lester’s home in Tacoma, Washington. On the right is Darryl’s mother, Lucille Lester, now 91.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1020x764.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1200x899.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1376x1032.jpg 1376w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-1044x783.jpg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-632x474.jpg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut-536x402.jpg 536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_mom-qut.jpg 1680w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Family photos adorn the walls of Darryl and Cecilia Lester’s home in Tacoma, Washington. On the right is Darryl’s mother, Lucille Lester, now 91. \u003ccite>(Lee Romney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Not long after, Lucille Lester packed up the family and headed to Tacoma, where an older son was serving on a nearby military base. There, Darryl continued to struggle, because as Judge Peckham had predicted, he had fallen behind.\u003c/p>\n\u003cp>His new high school placed him in a half-day special education program. The other half, he spent at Safeway. Every morning, Lester said, he reported at 7:30 a.m. to the grocery store, where he worked for high school credits — but no pay — until 11 a.m. before attending a few classes in the back of the campus.\u003c/p>\n\u003cp>After his family protested, the school put him in with the other kids.\u003c/p>\n\u003cp>He tried hard, going to “summer school, night classes, hardly getting any sleep,” but fell two credits short of a high school diploma, Lester said.\u003c/p>\n\u003cp>To this day, Lester, now 60, can barely read.\u003c/p>\n\u003cp>Lester knew he was part of a lawsuit. His mom had joined it on his behalf in 1971 — the year it was filed and when the family moved to Tacoma.\u003c/p>\n\u003cp>But until a reporter tracked him down last year, he never knew his pseudonym was “Larry P.” And he knew nothing of the ruling’s lasting impact on California schools.\u003c/p>\n\u003cp>Of the 1977 trip to the courthouse, Lester, then 18, recalled: “I asked my momma, ‘Are we done?’ And she said, ‘Yes son, we done.’ ”\u003c/p>\n\u003cp>They never spoke of it again.\u003c/p>\n\u003cfigure id=\"attachment_11781037\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781037\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-800x472.jpg\" alt=\"Darryl Lester gets ready to share his experiences on a March 2019 panel of black San Francisco parents who are navigating the special education system.\" width=\"800\" height=\"472\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-800x472.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-160x94.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-1020x601.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut-1200x708.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_conference-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Darryl Lester gets ready to share his experiences on a March 2019 panel of black San Francisco parents who are navigating the special education system. \u003ccite>(Joe Goyos/Support for Families of Children With Disabilities)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Special Education Today\u003c/strong>\u003c/p>\n\u003cp>The Larry P. judge made California school districts reassess all black students who’d been designated “educable mentally retarded” — without IQ tests — and the numbers dropped. He banned the use of the tests specifically for black students. In time, more subtle special education categories replaced the old ones.\u003c/p>\n\u003cp>By the time the judge ruled in 1979, a new \u003ca href=\"https://www2.ed.gov/policy/speced/leg/idea/history.html\" target=\"_blank\" rel=\"noopener\">federal law\u003c/a> enacted in 1975 guaranteed students with disabilities equal access to public education. Today, each special education student gets an Individualized Education Program, or IEP, which spells out their struggles and the support they’ll get at school.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But \u003ca href=\"https://www2.ed.gov/programs/osepidea/618-data/LEA-racial-ethnic-disparities-tables/disproportionality-analysis-by-state-analysis-category.pdf\" target=\"_blank\" rel=\"noopener\">data\u003c/a> released in 2016 show that black students nationwide are still being placed disproportionately in special education — particularly in categories like “emotional disturbance,” which are tied to behavior. They’re underassessed in categories such as autism spectrum disorder. And some who need special education don’t get assessed for anything. That, parents and special education advocates say, is because some teachers expect so little of them.\u003c/p>\n\u003cp>Despite those risks, plenty of black parents want their kids in special education because it gives families a legal avenue to hold schools accountable. Last year, a group of black parents gathered at a San Francisco school to talk about their struggles getting their kids assessed and making sure they receive the support guaranteed under the law.\u003c/p>\n\u003cp>Many black families find themselves navigating the system because nearly one in three black students in San Francisco Unified School District (SFUSD) is in special education — compared to one in eight non-black students, district data \u003ca href=\"//drive.google.com/open?id=13EX-vu62Ie1EcPO0VcoM-lI2lp-eEmwE\" target=\"_blank\" rel=\"noopener\">shows\u003c/a>.\u003c/p>\n\u003cp>That overrepresentation is highest in special education categories dealing with behavior. And educators, \u003ca href=\"http://kirwaninstitute.osu.edu/racial-disproportionality-in-school-discipline-implicit-bias-is-heavily-implicated/\" target=\"_blank\" rel=\"noopener\">studies show\u003c/a>, are more likely to perceive the behavior of black boys as aggressive or defiant. That’s why black boys routinely post the highest rates of suspensions and expulsions in the country.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Mauricha Robinson said it’s not just boys: Her daughter Zariah excelled in school until sixth grade — when the curriculum got more complex. She tanked in her studies for the next two years.\u003c/p>\n\u003cp>Instead of seeking to assess Zariah for special needs, Robinson said, the school was kicking her out of class, sending her home or to the principal’s office.\u003c/p>\n\u003cp>“It was just, ‘How do we curb the behavior, behavior, behavior,’ ” she said. “And it was all punitive.”\u003c/p>\n\u003cp>Like all districts in California, SFUSD is working to reduce the disproportionately high numbers of black students in special education. Robinson speculates maybe that’s why no one in Zariah’s school sought to have her assessed, “to avoid stigmatizing another black child with a special education label.” But she thinks stereotypes played in, too, “of her being a black girl. Aggressive, ‘adultifying’ her, or ‘she’s sassy’ or ‘she’s outspoken.’ ”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>That’s also common: \u003ca href=\"https://www.aecf.org/blog/new-study-the-adultification-of-black-girls/\" target=\"_blank\" rel=\"noopener\">Research\u003c/a> has shown that adults at school often treat black girls “as less innocent and more adult-like than white girls of the same age” and punish them more harshly as a result.\u003c/p>\n\u003cp>So Robinson got some advice: If she requested her daughter get assessed, she’d be inoculated against expulsion. And she did: The assessment showed Zariah has a learning disability — a cognitive processing disorder that affects short-term memory and comprehension.\u003c/p>\n\u003cp>For eighth grade, Robinson moved Zariah into a regular class in a new school with some special assistance. It’s called “full inclusion” and aims to keep special education students from being singled out. Zariah’s grades shot up.\u003c/p>\n\u003cp>Jean Robertson, chief of special education services for SFUSD, said the push for “full inclusion” is among many changes the district has been implementing since a 2010 audit found black students were more likely to be segregated from the mainstream student population in special classes.\u003c/p>\n\u003cp>The \u003ca href=\"https://drive.google.com/open?id=1ApjCq-tEsycdkQD9UkeUkik-8owoQsCwXtrs0P6Cw8w\" target=\"_blank\" rel=\"noopener\">audit\u003c/a> also found black students were significantly overrepresented in several special education categories, like “emotional disturbance”: They were 8.5 times more likely than non-black students to be designated “emotionally disturbed.” Today, that number is down to about four times more likely.\u003c/p>\n\u003cfigure id=\"attachment_11781036\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781036\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-800x543.jpg\" alt=\"In 2010, black students at SF Unified School District were 8.5 times more likely than non-black students to be labeled “emotionally disturbed.” Today, that’s down to about four times more likely.\" width=\"800\" height=\"543\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-800x543.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-160x109.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-1020x692.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut-1200x814.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_Chart-of-Emotional-Disturbance-Risk-Ratios-qut.jpg 1802w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In 2010, black students at SFUSD were 8.5 times more likely than non-black students to be labeled “emotionally disturbed.” Today, that’s down to about four times more likely. \u003ccite>(San Francisco Unified School District)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California Department of Education data received in response to a public records request show 28 of the state’s nearly 1,000 school districts faring worse for black students in that category. The relatively low number of 28 is not surprising since many districts serve a very small number of black students, or none at all. At the high end, the data showed that one Southern California district is 12 times more likely to categorize black students as “emotionally disturbed.”\u003c/p>\n\u003cp>Other changes SFUSD has made over the past decade include working to support students early on so they don’t land in special education, doing deeper assessments and better tailoring services to each special education student instead of putting them in cookie-cutter programs.\u003c/p>\n\u003cp>But deciding who belongs in special education and who requires other types of support remains a huge challenge.\u003c/p>\n\u003cp>“That’s the crux of my tension in this work,” Robertson said. “That is with me every single day, particularly for black children.”\u003c/p>\n\u003cp>\u003cstrong>Putting an IQ Label on Students Is Like ‘Walking Around With Dynamite’\u003c/strong>\u003c/p>\n\u003cp>The IQ testing ban at the heart of the Larry P. ruling has created tensions of its own. The California Association of School Psychologists wants it lifted, noting that the persistent overrepresentation of black students in special education shows the ban hasn’t served its purpose.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But many advocates for black students want the ban to remain in place, saying so many other biases still exist in the educational system.\u003c/p>\n\u003cp>John Affeldt, a managing attorney at Public Advocates, one of the civil rights firms that filed the Larry P. lawsuit, acknowledged IQ tests have improved since then — but not by enough.\u003c/p>\n\u003cp>Putting an intelligence label on a student is “like walking around with dynamite,” he said. “It’s not going to blow up for every kid.”\u003c/p>\n\u003cp>But when it does, the cost is simply too high.\u003c/p>\n\u003cp>That’s what happened to Darryl Lester. His lack of an education, inability to read and the shame he carried cost him. He struggled with addiction and low-wage jobs before hard physical labor left him disabled.\u003c/p>\n\u003cp>Lester said he has worked hard to rise above all that. He has been sober for 18 years now, happily married for 14. He and his wife, Cecilia Lester, now live in a redeveloped Tacoma housing project.\u003c/p>\n\u003cp>But Cecilia sometimes finds him alone, crying.\u003c/p>\n\u003cp>“It hurts on the inside, but you have to swallow your pride and look over it and just find some strength somewhere and say, ‘Hey, come on, you can do this. I’m better than this,’ and that gets me through the day,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11781165\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11781165\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-800x600.jpeg\" alt=\"Darryl Lester at Fisherman’s Wharf in March 2019 on his first visit to San Francisco since he testified in the “Larry P.” trial in 1977.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-160x120.jpeg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-1200x900.jpeg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-1044x783.jpeg 1044w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-632x474.jpeg 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF-536x402.jpeg 536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/10/10182019_SE_Lester_SF.jpeg 1280w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Darryl Lester at Fisherman’s Wharf in March 2019 on his first visit to San Francisco since he testified in the “Larry P.” trial in 1977. \u003ccite>(Lee Romney/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>‘To Be Able to Pick Up a Book and Read it by Myself’\u003c/strong>\u003c/p>\n\u003cp>The Larry P. case remains the subject of \u003ca href=\"https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=%22larry+p%22+%22special+education%22&btnG=\" target=\"_blank\" rel=\"noopener\">academic articles\u003c/a>, online tutorials and plenty of debate. But for decades, the identity of Larry P. — and what happened to him — remained a mystery.\u003c/p>\n\u003cp>That’s no longer true, and Darryl Lester said he wants some good to come of it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Revisiting his schooling and the burden he carried into adulthood has been painful, he said. But it has driven him to share his experience in hopes that it might help today’s black students who aren’t getting the support they need.\u003c/p>\n\u003cp>Last spring, Lester returned to San Francisco for the first time since he testified. He was the guest of honor on a panel that included mothers of current black special education students.\u003c/p>\n\u003cp>“If a teacher’s not helping you, that is not good,” Lester told the gathering of educators, disability rights advocates and black parents, his voice cracking. “You’ve got other kids that will make fun of you. And if you’re a kid that can’t read something, it’s embarrassing.”\u003c/p>\n\u003cp>To the few students who attended the event, Lester said he had a special message: They should fight for an education and never feel ashamed.\u003c/p>\n\u003cp>Next week, he’ll tell his story again at the convention of the California Association of School Psychologists, the organization trying to lift that Larry P. ban.\u003c/p>\n\u003cp>Meanwhile, the grassroots group Decoding Dyslexia CA and the Northern California branch of the International Dyslexia Association are fundraising to create a “Larry P.” scholarship for African American students in Northern California who are struggling to read.\u003c/p>\n\u003cp>Decoding Dyslexia CA has also found a tutor in Tacoma to teach Lester to read. Lester knows it will be hard work, but he said: “My dream is to be able to pick up a book and read it by myself.”\u003c/p>\n\u003cp>\u003cem>An \u003ca href=\"https://www.kalw.org/post/legacy-mistreatment-san-francisco-s-black-special-ed-students#stream/0\" target=\"_blank\" rel=\"noopener\">earlier version\u003c/a> of this story aired on KALW’s news magazine, Crosscurrents. This story was reported with the \u003ca href=\"http://www.centerforhealthjournalism.org/\" target=\"_blank\" rel=\"noopener\">support\u003c/a> of the Fund for Journalism on Child Well-Being, a program of the University of Southern California Center for Health Journalism.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>Democratic Presidential Race and Impeachment Update\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, House Democrats continued to press ahead with their impeachment inquiry against President Trump. They interviewed several key witnesses about the president’s efforts to persuade Ukraine’s leader to open a corruption investigation against former Vice President Joe Biden and his son. Meanwhile, 12 candidates faced off for the latest Democratic presidential debate, held on Tuesday in Columbus, Ohio. Reflecting her surge in the polls and front-runner status, this time it was Massachusetts Sen. Elizabeth Warren fending off attacks from her rivals, especially over her support for Medicare for All. She refused to say whether she would raise taxes on the middle class to pay for her health care overhaul, while also trying to broaden her appeal beyond her progressive base and mounting criticism from moderates like Joe Biden and Minnesota Sen. Amy Klobuchar.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED senior politics and government editor\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Tal Kopan, Washington, D.C. correspondent, San Francisco Chronicle\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Congressman Ro Khanna\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Silicon Valley Rep. Ro Khanna serves on two House committees, including the Oversight and Reform Committee, which deposed several current and former White House and State Department officials this week, including Gordon Sondland and Fiona Hill. The top Russia adviser to the White House before she resigned in July, Hill reportedly told investigators that Sondland, the ambassador to the European Union, posed a potential national security risk because of his lack of diplomatic experience. On Thursday, the president’s acting chief of staff, Mick Mulvaney, suggested during a press conference that nearly $400 million in military aid to Ukraine was held up to pressure the nation to open investigations into Democrats. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">U.S. Rep. Ro Khanna, D-Santa Clara\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Deadline Looms for PG&E Wildfire Claims as Fallout Continues over Outages\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Survivors of recent California wildfires linked to PG&E’s equipment have until Monday to file liability claims for their losses. Also, the state’s top utility regulator is holding an emergency meeting Friday about the widely criticized massive power shutoffs last week that left more than 700,000 PG&E customers without power. On Thursday, the California Senate announced that it will investigate the utility’s power shutoff while Gov. Gavin Newsom said this week that “Californians should not pay the price for decades of PG&E’s greed and neglect,”and called on the company to issue a $100 refund or rebate to customers affected by last week’s outages. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Jared Ellias, professor, UC Hastings College of the Law\u003c/span>\u003c/li>\n\u003c/ul>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Democratic Presidential Race and Impeachment Update\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week, House Democrats continued to press ahead with their impeachment inquiry against President Trump. They interviewed several key witnesses about the president’s efforts to persuade Ukraine’s leader to open a corruption investigation against former Vice President Joe Biden and his son. Meanwhile, 12 candidates faced off for the latest Democratic presidential debate, held on Tuesday in Columbus, Ohio. Reflecting her surge in the polls and front-runner status, this time it was Massachusetts Sen. Elizabeth Warren fending off attacks from her rivals, especially over her support for Medicare for All. She refused to say whether she would raise taxes on the middle class to pay for her health care overhaul, while also trying to broaden her appeal beyond her progressive base and mounting criticism from moderates like Joe Biden and Minnesota Sen. Amy Klobuchar.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED senior politics and government editor\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Tal Kopan, Washington, D.C. correspondent, San Francisco Chronicle\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Congressman Ro Khanna\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Silicon Valley Rep. Ro Khanna serves on two House committees, including the Oversight and Reform Committee, which deposed several current and former White House and State Department officials this week, including Gordon Sondland and Fiona Hill. The top Russia adviser to the White House before she resigned in July, Hill reportedly told investigators that Sondland, the ambassador to the European Union, posed a potential national security risk because of his lack of diplomatic experience. On Thursday, the president’s acting chief of staff, Mick Mulvaney, suggested during a press conference that nearly $400 million in military aid to Ukraine was held up to pressure the nation to open investigations into Democrats. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">U.S. Rep. Ro Khanna, D-Santa Clara\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Deadline Looms for PG&E Wildfire Claims as Fallout Continues over Outages\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Survivors of recent California wildfires linked to PG&E’s equipment have until Monday to file liability claims for their losses. Also, the state’s top utility regulator is holding an emergency meeting Friday about the widely criticized massive power shutoffs last week that left more than 700,000 PG&E customers without power. On Thursday, the California Senate announced that it will investigate the utility’s power shutoff while Gov. Gavin Newsom said this week that “Californians should not pay the price for decades of PG&E’s greed and neglect,”and called on the company to issue a $100 refund or rebate to customers affected by last week’s outages. \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "PG&E Power Safety Shutoffs Could Continue for 10 Years, Says CEO",
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"content": "\u003cp>PG&E CEO and President Bill Johnson said Friday it could take up to 10 years for the utility to improve its system enough to not have to rely on power shutoffs to prevent wildfires during dry, windy conditions.\u003c/p>\n\u003cp>Johnson's comments came about a week after the utility cut power to about 2 million people in Northern and Central California, saying the outages were needed due to high winds and dry conditions that could spark wildfires.\u003c/p>\n\u003cp>Johnson, who spoke at an emergency meeting of the California Public Utility Commission in San Francisco, said the number of power shutoffs will decline over the next decade as PG&E reroutes the electric grid so it can shut off power to smaller areas, invests in microgrids to keep power on during emergencies and updates thousands of miles of power lines in fire-prone areas.\u003c/p>\n\u003cp>[aside label=\"Pacific Gas and Electric Power Shutoffs\" tag=\"power-shutoffs\"]\u003c/p>\n\u003cp>California Public Utility Commission President Marybel Batjer began the meeting at CPUC headquarters by telling PG&E that their handling of the power shutoff was \"inadequate.\"\u003c/p>\n\u003cp>\"I can tell you that you guys failed on so many levels, on fairly simple stuff,\" she said.\u003c/p>\n\u003cp>But while Johnson said that he was accountable for communication problems, he defended the shutoff, saying that the company did it for safety.\u003c/p>\n\u003cp>\"One of the things that stands out in my mind is that we did not have any catastrophic fires in Northern and Central California. It’s hard to prove a negative,\" Johnson said.\u003c/p>\n\u003cp>Johnson also defended the utility's infrastructure.\u003c/p>\n\u003cp>\"It is a misconception that we turned off power because our system is in shambles,\" Johnson said. \"Our system is in pretty good shape. The [public safety power shutoff] was driven by a widespread wind event.\"\u003c/p>\n\u003cp>Utility executives said that they found about \u003ca href=\"https://www.kqed.org/news/11779839/pge-confirms-50-instances-of-damage-or-hazard-to-its-equipment-during-outages\">100 instances where high winds damaged or presented a hazard to electrical equipment\u003c/a> during the shutoff. They said that most of the damage involved vegetation, like trees, grass or brush coming into contact with power lines.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Sumeet Singh, vice president of PG&E's community wildfire safety program, estimated that it could take 10 to 14 years for the company to finish updating about 7,100 miles of power lines in high fire risk areas, and 8 years to improve vegetation management on 25,000 miles of lines in high-risk areas.\u003c/p>\n\u003ch3>Commissioners Lambast PG&E for Failing to Assist People With Disabilities\u003c/h3>\n\u003cp>During the marathon hearing, commissioners repeatedly pushed executives on how they reached out to people with disabilities.\u003c/p>\n\u003cp>PG&E’s most recent shutoff event affected more than 30,000 customers who take part in the utility’s \u003ca href=\"https://www.pge.com/en_US/residential/save-energy-money/help-paying-your-bill/longer-term-assistance/medical-condition-related/medical-baseline-allowance/medical-baseline-allowance.page\" rel=\"noopener\" target=\"_blank\">medical baseline program\u003c/a>. People who use powered medical devices, including oxygen concentrators and motorized wheelchairs, pay lower rates for gas and electricity by applying to the program with a doctor's note. Under rules approved by the commission, utilities now use medical baseline status to identify and warn vulnerable customers before and during a power shutoff.\u003c/p>\n\u003cp>[aside postID=news_11779283 label='Left in the Dark' hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/20191010_124940-1020x765.jpg\"]But the program is an imperfect proxy for medically vulnerable communities, as Commissioner Liane M. Randolph noted.\u003c/p>\n\u003cp>Public health officers and consumer advocates say that the program under-represents who’s at risk in a shutoff area. For instance, people who live in buildings that receive just one electric bill — or in mobile home communities — can’t register. \u003c/p>\n\u003cp>And while the medical baseline program itself dates back decades, it’s only this year that PG&E began to use it as a warning mechanism in this kind of emergency. At the same time, a spokesman for San Diego Gas & Electric, the utility that pioneered public safety shutoffs after the 2007 Witch Fire, pointed out that regulations make eligible people who declare that they need air conditioning to be comfortable for a variety of medical conditions.\u003c/p>\n\u003cp>It's not yet clear how well PG&E warned medical baseline customers about the most recent shutoff event. According to earlier filings with the CPUC, PG&E warns its medical baseline customers via text, email or automated call. \u003c/p>\n\u003cfigure id=\"attachment_11781223\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-800x533.jpg\" alt=\"Marissa Shaw of Richmond, a member of the disability community, speaks during the public comment period of Friday's CPUC meeting. Shaw said she was not informed about PG&E's power outage because she's not eligible for the medical baseline program, since her landlord pays her utility bill.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11781223\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Marissa Shaw of Richmond, a member of the disability community, speaks during the public comment period of Friday's CPUC meeting. Shaw said she was not informed about PG&E's power outage because she's not eligible for the medical baseline program, since her landlord pays her utility bill. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>If the customer doesn't confirm the warning, the utility will send someone out to knock on the door, said PG&E Senior Vice President Laurie M. Giammona. \u003c/p>\n\u003cp>If nobody answers the door, the utility hangs a tag, and considers the outreach successful. Giammona said that PG&E workers left door tags for about 700 people last week.\u003c/p>\n\u003cp>Deborah Kaplan of Oakland, who uses an electric chair, bed and ventilator and requires the use of an elevator, explained that being notified about power shutoffs \"isn't all that helpful.\" \u003c/p>\n\u003cp>\"If this is going to be a reality that we're going to have to get used to, then people who rely on power for survival need to have backup,\" she said.\u003c/p>\n\u003cfigure id=\"attachment_11781232\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-800x533.jpg\" alt=\"Deborah Kaplan (left) of Oakland and Marge Hall (right) of Berkeley waited 3.5 hours to speak during the public comment portion of Friday's CPUC meeting in San Francisco.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11781232\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deborah Kaplan (left) of Oakland and Marge Hall (right) of Berkeley waited 3.5 hours to speak during the public comment portion of Friday's CPUC meeting in San Francisco. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The CPUC’s head of safety and enforcement policy, Elizaveta Malashenko, told lawmakers in August that the medical baseline program wasn’t designed for emergency response.\u003c/p>\n\u003cp>Commissioner Martha Guzman Aceves also wondered why some communities got backup generators, when others didn’t. \u003c/p>\n\u003cp>\"Was wealth a factor?\" she asked PG&E's Singh about why Calistoga got a generator.\u003c/p>\n\u003cp>Singh said that was not the case.\u003c/p>\n\u003ch3>PG&E Executives Detail Communication Breakdowns\u003c/h3>\n\u003cp>PG&E's Giammona said that the utility had not anticipated the number of people who would access the website. \u003c/p>\n\u003cp>She said that about 1.7 million users per hour were trying to use the PG&E website during the power shut offs. Normally, only about 7,000 users access the site per hour on a regular day.\u003c/p>\n\u003cp>CPUC President Batjer, who was present for some of PG&E’s decision making during the shutoff, said that employees too junior to make important decisions about technology were the ones tasked with system testing. \u003c/p>\n\u003cfigure id=\"attachment_11781226\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Batjer-CPUC-800x534.jpg\" alt=\"CPUC President Marybel Batjer listens as PG&E executives speak at an emergency meeting in San Francisco on Oct. 18, 2019.\" width=\"800\" height=\"534\" class=\"size-medium wp-image-11781226\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CPUC President Marybel Batjer listens as PG&E executives speak at an emergency meeting in San Francisco on Oct. 18, 2019. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She said that she was \"astonished at the lack of infrastructure\" for a company of PG&E's size.\u003c/p>\n\u003cp>Batjer noted that dozens of local governments complained that they could not reach PG&E during the shutoff.\u003c/p>\n\u003cp>PG&E executives described calls with county and tribal governments where more than 1,000 people from local and tribal governments were on the line.\u003c/p>\n\u003cp>\"Today a parade of PG&E executives told us what we already know — their October [power shutoff] was a massive failure in execution,\" state Sen. Jerry Hill told KQED via email.\u003c/p>\n\u003cp>Hill has been a consistent critic of PG&E since 2010, when one of the utility's natural gas transmission lines exploded in San Bruno, killing eight people in his district.\u003c/p>\n\u003cp>\"It’s good to know they are attempting to belatedly rebuild their support services to meet customer needs ... But it would have been better for PG&E leaders to detail exactly why it’s going to take them 10 years to build the resilient electrical system we should already have, so that power shutdowns are truly a rare, last resort.\"\u003c/p>\n\u003cp>The California Senate opened its own investigation into how PG&E handled the shutoff on Thursday.\u003c/p>\n\u003cp>\u003cem>Molly Peterson contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>PG&E CEO and President Bill Johnson said Friday it could take up to 10 years for the utility to improve its system enough to not have to rely on power shutoffs to prevent wildfires during dry, windy conditions.\u003c/p>\n\u003cp>Johnson's comments came about a week after the utility cut power to about 2 million people in Northern and Central California, saying the outages were needed due to high winds and dry conditions that could spark wildfires.\u003c/p>\n\u003cp>Johnson, who spoke at an emergency meeting of the California Public Utility Commission in San Francisco, said the number of power shutoffs will decline over the next decade as PG&E reroutes the electric grid so it can shut off power to smaller areas, invests in microgrids to keep power on during emergencies and updates thousands of miles of power lines in fire-prone areas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>California Public Utility Commission President Marybel Batjer began the meeting at CPUC headquarters by telling PG&E that their handling of the power shutoff was \"inadequate.\"\u003c/p>\n\u003cp>\"I can tell you that you guys failed on so many levels, on fairly simple stuff,\" she said.\u003c/p>\n\u003cp>But while Johnson said that he was accountable for communication problems, he defended the shutoff, saying that the company did it for safety.\u003c/p>\n\u003cp>\"One of the things that stands out in my mind is that we did not have any catastrophic fires in Northern and Central California. It’s hard to prove a negative,\" Johnson said.\u003c/p>\n\u003cp>Johnson also defended the utility's infrastructure.\u003c/p>\n\u003cp>\"It is a misconception that we turned off power because our system is in shambles,\" Johnson said. \"Our system is in pretty good shape. The [public safety power shutoff] was driven by a widespread wind event.\"\u003c/p>\n\u003cp>Utility executives said that they found about \u003ca href=\"https://www.kqed.org/news/11779839/pge-confirms-50-instances-of-damage-or-hazard-to-its-equipment-during-outages\">100 instances where high winds damaged or presented a hazard to electrical equipment\u003c/a> during the shutoff. They said that most of the damage involved vegetation, like trees, grass or brush coming into contact with power lines.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sumeet Singh, vice president of PG&E's community wildfire safety program, estimated that it could take 10 to 14 years for the company to finish updating about 7,100 miles of power lines in high fire risk areas, and 8 years to improve vegetation management on 25,000 miles of lines in high-risk areas.\u003c/p>\n\u003ch3>Commissioners Lambast PG&E for Failing to Assist People With Disabilities\u003c/h3>\n\u003cp>During the marathon hearing, commissioners repeatedly pushed executives on how they reached out to people with disabilities.\u003c/p>\n\u003cp>PG&E’s most recent shutoff event affected more than 30,000 customers who take part in the utility’s \u003ca href=\"https://www.pge.com/en_US/residential/save-energy-money/help-paying-your-bill/longer-term-assistance/medical-condition-related/medical-baseline-allowance/medical-baseline-allowance.page\" rel=\"noopener\" target=\"_blank\">medical baseline program\u003c/a>. People who use powered medical devices, including oxygen concentrators and motorized wheelchairs, pay lower rates for gas and electricity by applying to the program with a doctor's note. Under rules approved by the commission, utilities now use medical baseline status to identify and warn vulnerable customers before and during a power shutoff.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But the program is an imperfect proxy for medically vulnerable communities, as Commissioner Liane M. Randolph noted.\u003c/p>\n\u003cp>Public health officers and consumer advocates say that the program under-represents who’s at risk in a shutoff area. For instance, people who live in buildings that receive just one electric bill — or in mobile home communities — can’t register. \u003c/p>\n\u003cp>And while the medical baseline program itself dates back decades, it’s only this year that PG&E began to use it as a warning mechanism in this kind of emergency. At the same time, a spokesman for San Diego Gas & Electric, the utility that pioneered public safety shutoffs after the 2007 Witch Fire, pointed out that regulations make eligible people who declare that they need air conditioning to be comfortable for a variety of medical conditions.\u003c/p>\n\u003cp>It's not yet clear how well PG&E warned medical baseline customers about the most recent shutoff event. According to earlier filings with the CPUC, PG&E warns its medical baseline customers via text, email or automated call. \u003c/p>\n\u003cfigure id=\"attachment_11781223\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-800x533.jpg\" alt=\"Marissa Shaw of Richmond, a member of the disability community, speaks during the public comment period of Friday's CPUC meeting. Shaw said she was not informed about PG&E's power outage because she's not eligible for the medical baseline program, since her landlord pays her utility bill.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11781223\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Marissa-Shaw-CPUC.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Marissa Shaw of Richmond, a member of the disability community, speaks during the public comment period of Friday's CPUC meeting. Shaw said she was not informed about PG&E's power outage because she's not eligible for the medical baseline program, since her landlord pays her utility bill. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>If the customer doesn't confirm the warning, the utility will send someone out to knock on the door, said PG&E Senior Vice President Laurie M. Giammona. \u003c/p>\n\u003cp>If nobody answers the door, the utility hangs a tag, and considers the outreach successful. Giammona said that PG&E workers left door tags for about 700 people last week.\u003c/p>\n\u003cp>Deborah Kaplan of Oakland, who uses an electric chair, bed and ventilator and requires the use of an elevator, explained that being notified about power shutoffs \"isn't all that helpful.\" \u003c/p>\n\u003cp>\"If this is going to be a reality that we're going to have to get used to, then people who rely on power for survival need to have backup,\" she said.\u003c/p>\n\u003cfigure id=\"attachment_11781232\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-800x533.jpg\" alt=\"Deborah Kaplan (left) of Oakland and Marge Hall (right) of Berkeley waited 3.5 hours to speak during the public comment portion of Friday's CPUC meeting in San Francisco.\" width=\"800\" height=\"533\" class=\"size-medium wp-image-11781232\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Kaplan-and-Hall-CPUC.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deborah Kaplan (left) of Oakland and Marge Hall (right) of Berkeley waited 3.5 hours to speak during the public comment portion of Friday's CPUC meeting in San Francisco. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The CPUC’s head of safety and enforcement policy, Elizaveta Malashenko, told lawmakers in August that the medical baseline program wasn’t designed for emergency response.\u003c/p>\n\u003cp>Commissioner Martha Guzman Aceves also wondered why some communities got backup generators, when others didn’t. \u003c/p>\n\u003cp>\"Was wealth a factor?\" she asked PG&E's Singh about why Calistoga got a generator.\u003c/p>\n\u003cp>Singh said that was not the case.\u003c/p>\n\u003ch3>PG&E Executives Detail Communication Breakdowns\u003c/h3>\n\u003cp>PG&E's Giammona said that the utility had not anticipated the number of people who would access the website. \u003c/p>\n\u003cp>She said that about 1.7 million users per hour were trying to use the PG&E website during the power shut offs. Normally, only about 7,000 users access the site per hour on a regular day.\u003c/p>\n\u003cp>CPUC President Batjer, who was present for some of PG&E’s decision making during the shutoff, said that employees too junior to make important decisions about technology were the ones tasked with system testing. \u003c/p>\n\u003cfigure id=\"attachment_11781226\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Batjer-CPUC-800x534.jpg\" alt=\"CPUC President Marybel Batjer listens as PG&E executives speak at an emergency meeting in San Francisco on Oct. 18, 2019.\" width=\"800\" height=\"534\" class=\"size-medium wp-image-11781226\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Batjer-CPUC.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CPUC President Marybel Batjer listens as PG&E executives speak at an emergency meeting in San Francisco on Oct. 18, 2019. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She said that she was \"astonished at the lack of infrastructure\" for a company of PG&E's size.\u003c/p>\n\u003cp>Batjer noted that dozens of local governments complained that they could not reach PG&E during the shutoff.\u003c/p>\n\u003cp>PG&E executives described calls with county and tribal governments where more than 1,000 people from local and tribal governments were on the line.\u003c/p>\n\u003cp>\"Today a parade of PG&E executives told us what we already know — their October [power shutoff] was a massive failure in execution,\" state Sen. Jerry Hill told KQED via email.\u003c/p>\n\u003cp>Hill has been a consistent critic of PG&E since 2010, when one of the utility's natural gas transmission lines exploded in San Bruno, killing eight people in his district.\u003c/p>\n\u003cp>\"It’s good to know they are attempting to belatedly rebuild their support services to meet customer needs ... But it would have been better for PG&E leaders to detail exactly why it’s going to take them 10 years to build the resilient electrical system we should already have, so that power shutdowns are truly a rare, last resort.\"\u003c/p>\n\u003cp>The California Senate opened its own investigation into how PG&E handled the shutoff on Thursday.\u003c/p>\n\u003cp>\u003cem>Molly Peterson contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Wildfire victims have until Monday, Oct. 21 \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" to file a claim> for compensation with PG&E. \u003c/a>\u003c/p>\n\u003cp>That’s because the utility \u003ca href=\"https://www.kqed.org/news/tag/pge\" rel=\"noopener\" target=\"_blank\">filed for bankruptcy protection\u003c/a>, and the court wants to gather all possible claims against the utility before moving forward.\u003c/p>\n\u003cp>Only about half of possible claimants have filed so far, according to Amanda Riddle, an attorney for wildfire victims.\u003c/p>\n\u003cp>Claims can be for a range of things, from loss of property to personal injury to family heirlooms. And you don’t necessarily need an attorney to file a claim.\u003c/p>\n\u003cp>We asked \u003ca href=\"https://www.uchastings.edu/people/jared-ellias/\" target=\"_blank\" rel=\"noopener\">Jared Ellias\u003c/a>, professor of bankruptcy law at UC Hastings College of the Law, what wildfire survivors need to know to \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">file their claims\u003c/a> with PG&E before the Monday deadline.\u003c/p>\n\u003ch4>Why does this PG&E “bar date” exist in the first place?\u003c/h4>\n\u003cp>One way to think about the bar date, and the bar date process, is the bankruptcy court has to identify everybody who has some sort of claim that PG&E might need to pay, and they use this process to do it. And it’s the beginning of that, not the end of it. So if you file a form with the court, you’re opening the door to getting something from the PG&E bankruptcy.\u003c/p>\n\u003ch4>What’s the most important thing people need to know by Monday’s deadline?\u003c/h4>\n\u003cp>The most important thing you need to know is to get things in on time. That has to happen. If that doesn’t happen, your chances of getting anything from PG&E are pretty low.\u003c/p>\n\u003ch4>Do you need a lawyer?\u003c/h4>\n\u003cp>It would be helpful to have a lawyer, but you don’t need one. You just have to fill out the \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">form\u003c/a>.\u003cbr>\n[aside tag='pge' label='More Coverage']\u003c/p>\n\u003ch4>And what’s involved in filling out the form?\u003c/h4>\n\u003cp>When you \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">fill out the form\u003c/a>, you’re saying, “This is how much I estimate that PG&E owns owes me.” You don’t have to come to it through some scientific analysis. You can come up with your own number, so long as you have a basis for it. It can be useful to put something on the form saying “see attached” and then to write a narrative description of what you think your claims are and what you think you’re owed.\u003c/p>\n\u003ch4>Is PG&E obliged to pay on claims filed?\u003c/h4>\n\u003cp>PG&E is not obligated to pay you just because you file a form. But it’s kind of like you’re signing your ticket to be part of the process. And if you don’t sign up to be part of the process by filing a claim form, then you’re not going to get anything out of the process.\u003c/p>\n\u003cp>In fact, any claim that you might have had against PG&E for, let’s say, the 2017 wildfires, will be discharged and go away forever. So you really need to file a form if you think PG&E somehow owes you money.\u003c/p>\n\u003ch4>What advice do you have on picking an amount of money to claim?\u003c/h4>\n\u003cp>It’s fine to start with a high number. And if PG&E thinks that number is too high, you’ll have a process with them where they’ll go back and forth with you about what they think you’re actually owed. And for that, it can be helpful to have a lawyer. But right now, you don’t need a lawyer at all. You just need to fill out the form. And you should probably estimate the highest number that you think is reasonable based on the damages you sustained.\u003c/p>\n\u003ch4>What has PG&E done to let people know that this deadline is coming?\u003c/h4>\n\u003cp>There’s no question that PG&E has run the most comprehensive and ambitious public publicity campaign in Chapter 11 history. They’ve been running online ads. They’ve been running radio ads. They’ve been on TV. They’ve been in newspapers. They’ve been absolutely everywhere. I mean, I received a letter in the mail, and I just live in the Bay Area. I have no claim against them. So they’ve really done a lot in terms of getting that out there.\u003c/p>\n\u003ch4>We hear that tens of thousands of people with eligible claims might not have filed as the deadline approaches. Why do you think that is?\u003c/h4>\n\u003cp>I think what we’re starting to realize is that maybe people still don’t quite understand what the claims process is and what they need to do to be involved.\u003c/p>\n\u003cp>\u003cem>Wildfire survivors can file their claims \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Wildfire victims have until Monday, Oct. 21 \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" to file a claim> for compensation with PG&E. \u003c/a>\u003c/p>\n\u003cp>That’s because the utility \u003ca href=\"https://www.kqed.org/news/tag/pge\" rel=\"noopener\" target=\"_blank\">filed for bankruptcy protection\u003c/a>, and the court wants to gather all possible claims against the utility before moving forward.\u003c/p>\n\u003cp>Only about half of possible claimants have filed so far, according to Amanda Riddle, an attorney for wildfire victims.\u003c/p>\n\u003cp>Claims can be for a range of things, from loss of property to personal injury to family heirlooms. And you don’t necessarily need an attorney to file a claim.\u003c/p>\n\u003cp>We asked \u003ca href=\"https://www.uchastings.edu/people/jared-ellias/\" target=\"_blank\" rel=\"noopener\">Jared Ellias\u003c/a>, professor of bankruptcy law at UC Hastings College of the Law, what wildfire survivors need to know to \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">file their claims\u003c/a> with PG&E before the Monday deadline.\u003c/p>\n\u003ch4>Why does this PG&E “bar date” exist in the first place?\u003c/h4>\n\u003cp>One way to think about the bar date, and the bar date process, is the bankruptcy court has to identify everybody who has some sort of claim that PG&E might need to pay, and they use this process to do it. And it’s the beginning of that, not the end of it. So if you file a form with the court, you’re opening the door to getting something from the PG&E bankruptcy.\u003c/p>\n\u003ch4>What’s the most important thing people need to know by Monday’s deadline?\u003c/h4>\n\u003cp>The most important thing you need to know is to get things in on time. That has to happen. If that doesn’t happen, your chances of getting anything from PG&E are pretty low.\u003c/p>\n\u003ch4>Do you need a lawyer?\u003c/h4>\n\u003cp>It would be helpful to have a lawyer, but you don’t need one. You just have to fill out the \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">form\u003c/a>.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch4>And what’s involved in filling out the form?\u003c/h4>\n\u003cp>When you \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">fill out the form\u003c/a>, you’re saying, “This is how much I estimate that PG&E owns owes me.” You don’t have to come to it through some scientific analysis. You can come up with your own number, so long as you have a basis for it. It can be useful to put something on the form saying “see attached” and then to write a narrative description of what you think your claims are and what you think you’re owed.\u003c/p>\n\u003ch4>Is PG&E obliged to pay on claims filed?\u003c/h4>\n\u003cp>PG&E is not obligated to pay you just because you file a form. But it’s kind of like you’re signing your ticket to be part of the process. And if you don’t sign up to be part of the process by filing a claim form, then you’re not going to get anything out of the process.\u003c/p>\n\u003cp>In fact, any claim that you might have had against PG&E for, let’s say, the 2017 wildfires, will be discharged and go away forever. So you really need to file a form if you think PG&E somehow owes you money.\u003c/p>\n\u003ch4>What advice do you have on picking an amount of money to claim?\u003c/h4>\n\u003cp>It’s fine to start with a high number. And if PG&E thinks that number is too high, you’ll have a process with them where they’ll go back and forth with you about what they think you’re actually owed. And for that, it can be helpful to have a lawyer. But right now, you don’t need a lawyer at all. You just need to fill out the form. And you should probably estimate the highest number that you think is reasonable based on the damages you sustained.\u003c/p>\n\u003ch4>What has PG&E done to let people know that this deadline is coming?\u003c/h4>\n\u003cp>There’s no question that PG&E has run the most comprehensive and ambitious public publicity campaign in Chapter 11 history. They’ve been running online ads. They’ve been running radio ads. They’ve been on TV. They’ve been in newspapers. They’ve been absolutely everywhere. I mean, I received a letter in the mail, and I just live in the Bay Area. I have no claim against them. So they’ve really done a lot in terms of getting that out there.\u003c/p>\n\u003ch4>We hear that tens of thousands of people with eligible claims might not have filed as the deadline approaches. Why do you think that is?\u003c/h4>\n\u003cp>I think what we’re starting to realize is that maybe people still don’t quite understand what the claims process is and what they need to do to be involved.\u003c/p>\n\u003cp>\u003cem>Wildfire survivors can file their claims \u003ca href=\"https://restructuring.primeclerk.com/pge/EPOC-Index\" target=\"_blank\" rel=\"noopener\">here\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Temporary seasonal farmworkers will see wages decrease if a visa rule change proposed by the Trump administration goes through, and labor advocates worry that it also could lead to pay cuts for other domestic farmworkers.\u003c/p>\n\u003cp>Agriculture industry experts say the decreased costs will provide some much-needed relief for growers. The H-2A program allows agricultural employers to temporarily employ guest workers from other countries if there is a shortage of workers willing to take the jobs they offer. Some H-2A workers said they would still participate in the program even if they saw their wages go down, as they would make far more in six months as H-2A workers than they would doing the same work at home in Mexico.\u003c/p>\n\u003cp>[pullquote size=\"medium\", citation=\"Michael Marsh, president and CEO of the National Council of Agricultural Employers\"]'This will continue to erode domestic farmers' profitability while continuing to press upward domestic workers' wages unsustainably.'[/pullquote]Orlando, who declined to give his last name for fear of losing his job, came to the Salinas Valley on an H-2A visa to pick strawberries. Picking strawberries is particularly difficult as it requires the picker to spend the day bent at the waist, gently twisting ripe strawberries off each bush.\u003c/p>\n\u003cp>Speaking in Spanish, Orlando said he sent the majority of his money home to his family in Michoacán, so his children could afford clothes and books for school. He supported his entire family, he said, and even if the wages in the U.S. dropped, he would still reapply for a job as an H-2A worker. The money was too good to pass up.\u003c/p>\n\u003cp>His roommate, César, who would only his first name for the same reason, agreed with Orlando. “It’s the reason why we come,” he added in Spanish.\u003c/p>\n\u003cp>Announced in July, the Trump administration’s proposed changes to the H-2A visa came shortly after the Adverse Effect Wage Rate (AEWR) increased across the U.S. The changes would alter how the AEWR, which is the minimum hourly wage needed to attract noncitizen, seasonal workers, is calculated, lowering the hourly wage to benefit growers.\u003c/p>\n\u003cp>The Department of Labor calculates the AEWR annually, and each state has a different one that employers must meet. Growers who employ H-2A workers have the option to pay workers whichever is higher: the AEWR, the agreed-upon amount set in a collective bargaining agreement, or the state or federal minimum wage. In some states, that list also includes the prevailing wage, based upon surveys of employees in similar positions within the same field.\u003c/p>\n\u003cfigure id=\"attachment_11780833\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/GettyImages-164224998-800x551.jpg\" alt=\"Migrant workers harvest strawberries at a farm March 13, 2013 near Oxnard, California. \" width=\"800\" height=\"551\" class=\"size-medium wp-image-11780833\">\u003cfigcaption class=\"wp-caption-text\">Migrant workers harvest strawberries at a farm March 13, 2013 near Oxnard, California. \u003ccite>(Joe Klamar/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From 2018 to 2019, California saw an increase of 6% in its AEWR, according to the Farm Bureau, driving the hourly wage from $13.18 to $13.92. Other states, such as Colorado, saw their AEWR increase by as much as 23%. Farmer advocates say growers and employers cannot sustain the pace of pay growth, which rarely drops. Between 2009 and 2014, the AEWR increased from $10.16 to just over $11, data from the Department of Labor shows. Today, it stands at just under $14 in California. Other states, including Washington, pay just over $15 an hour.\u003c/p>\n\u003cp>“This will continue to erode domestic farmers’ profitability while continuing to press upward domestic workers’ wages unsustainably,” said President and CEO of the National Council of Agricultural Employers, Michael Marsh. “You’ll see farmers expanding fruit and vegetable production in Canada and Mexico, where the wage rates are significantly lower than they have to pay in the U.S. About half the fresh fruit in the U.S. is produced in a foreign country, and about a third of the vegetables.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>And others say the wage rate is not just unsustainable, but unfairly calculated in the first place, and badly in need of a fix.\u003c/p>\n\u003cp>“We believe the AEWR is skewed, because that is based on regions of the United States,” said Sara Neagu-Reed, associate director of Federal Policy for the California Farm Bureau. “So you’re comparing a combine driver in Idaho to a blueberry picker in Salinas Valley. That’s why we think it’s flawed, and it’s better to go with the proposed rule, so you’re looking at calculations by job categories, and individuals who are all in the table grape or berry-picking category.”\u003c/p>\n\u003cp>[aside tag=\"farmworkers\" label=\"Related Content\"]\u003c/p>\n\u003cp>In the “Salad Bowl of the World,” Monterey County Farm Bureau Executive Director Norm Groot argued that revamping the AEWR calculation model, resulting in a lower hourly wage for H-2A workers, would help farmers significantly.\u003c/p>\n\u003cp>“You have temporary workers who are being paid more and domestic workers who technically could be paid less, but they have to be paid the same anyway, and so it has this wage inflation proponent in it,” Groot said. “What we’re trying to do is get that to tied not only to the inflation index, but also to the economy. If the economy goes down, then the adverse wage rate also goes down. Currently, it doesn’t get adjusted down, so you have an economy that’s slumping and you’re still paying those high wages.”\u003c/p>\n\u003cp>However, the proposed H-2A guidelines also fail to take into account year-round agriculture, as takes place in the Salinas Valley, Groot added. He said that problem could be solved by simply increasing the number of green cards with an agriculture or horticultural preference, or adding an at-will provision so H-2A workers are tied to an area, and not one specific grower. That would help growers and farmworkers, Groot said, as growers don’t always have fields that need picking and H-2A workers only get paid for the days they work.\u003c/p>\n\u003cp>If wages lower, it could put added pressure on an already struggling population.\u003c/p>\n\u003cp>Salinas tops the list of places in the U.S. with the highest concentration of farmworkers. According to the Department of Labor, 31,700 people worked as farmworkers in Salinas in 2018. In the Salinas and Pajaro valleys combined, just over 4,000 farmworkers were H-2A workers in 2017. The mean wage drawn by a farmworker in Salinas in 2018 was $28,940, statistics from the Department of Labor showed.\u003c/p>\n\u003cfigure id=\"attachment_11780790\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/RS8926_Drought_JoshC-4394-800x450.jpg\" alt=\"Farm fields outside of Los Banos, California.\" width=\"800\" height=\"450\" class=\"size-medium wp-image-11780790\">\u003cfigcaption class=\"wp-caption-text\">Farm fields outside of Los Banos, California. \u003ccite>(Josh Cassidy/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Salinas is also one of the most expensive places in the U.S. to live, with rent prices sitting at about double the national average.\u003c/p>\n\u003cp>The vast majority of farmworkers are Latino, and a new report from Oakland’s Insight Center for Community Development found 52% of Latino households have trouble paying for basic expenses, such as housing, food or electricity. The number of Latino households struggling increased from 49% in 2014, the report showed.\u003c/p>\n\u003cp>This is due, in part, to Latinos often making a lower wage. The median income for Latino households in 2016 was $56,200, far lower than the statewide average of $78,000.\u003c/p>\n\u003cp>Farmworker advocates worry the Trump administration’s proposal to drop the wages paid to H-2A workers will adversely affect domestic farmworkers.\u003c/p>\n\u003cp>“What the proposed regulation seeks to do is change the formula for how it’s calculated,” said Marichel Mejia, national field coordinator for the United Farm Workers Foundation. “One of the ways that they are adjusting this formula is basing wages based on a survey on farm labor contractors and the wages they pay. Farm labor contractors notoriously pay way less versus farmworkers who are direct hires from the company.”\u003c/p>\n\u003cp>Pay for domestic farmworkers is tied legally to H-2A pay; the hourly wage H-2A workers receive must be higher than the wages domestic workers receive. Some growers compensate domestic workers at the same rate as H-2A workers, or pay domestic workers a piece rate on top of a lower hourly wage that can help them earn higher wages overall.\u003c/p>\n\u003cp>[pullquote size=\"medium\", citation=\"Marichel Mejia, national field coordinator for the United Farm Workers Foundation\"]'Farmworkers are hardworking people who do some of the most difficult jobs in this country and they bring food to all of our tables. It’s hard, difficult work that’s dignified, so they should not have their wages going down.'[/pullquote]Advocates such as the United Farm Workers Foundation worry that when noncitizen workers are paid less under the Trump administration proposal, all farmworkers will likely see their earnings decrease. Growers may hire farm labor contractors, as opposed to hiring workers, directly in order to reduce their paperwork, cut down on worker recruitment efforts, reduce legal liability, avoid unionization or labor management disputes and cut their own costs, a 2010 report out of the California Institute for Rural Studies shows.\u003c/p>\n\u003cp>However, the same report shows abuses have been reported against farm labor contractors since the earliest days of the system in 1928. Those abuses continue to this day as wage and labor violations as well as retaliatory actions, like firing workers for complaining about being sprayed with pesticides. The administration’s proposal also would require employers to pay less for transportation of the H-2A farmworkers from their native country to their place of work as well as decrease annual housing inspections of H-2A housing, carried out by federal inspectors, to once every two years. Employers would also have the option to self-certify that housing meets H-2A standards instead of undergoing a government inspection.\u003c/p>\n\u003cp>This in particular rang alarm bells at the UFW, Mejia said. \u003c/p>\n\u003cp>“Farmworkers are hardworking people who do some of the most difficult jobs in this country and they bring food to all of our tables,” said Mejia. “It’s hard, difficult work that’s dignified, so they should not have their wages going down. There are farmworkers that have been working in this country for decades and their job security should not be threatened by being potentially displaced by H-2A guest workers.\u003c/p>\n\u003cp>“The H-2A worker program is notorious to have a lot of abuse of these guest workers coming in because they don’t have a lot of labor rights. The idea of removing some of their housing safeguards, we are against that.”\u003c/p>\n\u003cp>A decision on the proposal is expected within the next year.\u003c/p>\n\u003cp>\u003cem>Kate Cimini is a multimedia journalist for The Californian. This article is part of the California Divide project, a collaboration among newsrooms examining income inequality and economic survival in California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Orlando, who declined to give his last name for fear of losing his job, came to the Salinas Valley on an H-2A visa to pick strawberries. Picking strawberries is particularly difficult as it requires the picker to spend the day bent at the waist, gently twisting ripe strawberries off each bush.\u003c/p>\n\u003cp>Speaking in Spanish, Orlando said he sent the majority of his money home to his family in Michoacán, so his children could afford clothes and books for school. He supported his entire family, he said, and even if the wages in the U.S. dropped, he would still reapply for a job as an H-2A worker. The money was too good to pass up.\u003c/p>\n\u003cp>His roommate, César, who would only his first name for the same reason, agreed with Orlando. “It’s the reason why we come,” he added in Spanish.\u003c/p>\n\u003cp>Announced in July, the Trump administration’s proposed changes to the H-2A visa came shortly after the Adverse Effect Wage Rate (AEWR) increased across the U.S. The changes would alter how the AEWR, which is the minimum hourly wage needed to attract noncitizen, seasonal workers, is calculated, lowering the hourly wage to benefit growers.\u003c/p>\n\u003cp>The Department of Labor calculates the AEWR annually, and each state has a different one that employers must meet. Growers who employ H-2A workers have the option to pay workers whichever is higher: the AEWR, the agreed-upon amount set in a collective bargaining agreement, or the state or federal minimum wage. In some states, that list also includes the prevailing wage, based upon surveys of employees in similar positions within the same field.\u003c/p>\n\u003cfigure id=\"attachment_11780833\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/GettyImages-164224998-800x551.jpg\" alt=\"Migrant workers harvest strawberries at a farm March 13, 2013 near Oxnard, California. \" width=\"800\" height=\"551\" class=\"size-medium wp-image-11780833\">\u003cfigcaption class=\"wp-caption-text\">Migrant workers harvest strawberries at a farm March 13, 2013 near Oxnard, California. \u003ccite>(Joe Klamar/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From 2018 to 2019, California saw an increase of 6% in its AEWR, according to the Farm Bureau, driving the hourly wage from $13.18 to $13.92. Other states, such as Colorado, saw their AEWR increase by as much as 23%. Farmer advocates say growers and employers cannot sustain the pace of pay growth, which rarely drops. Between 2009 and 2014, the AEWR increased from $10.16 to just over $11, data from the Department of Labor shows. Today, it stands at just under $14 in California. Other states, including Washington, pay just over $15 an hour.\u003c/p>\n\u003cp>“This will continue to erode domestic farmers’ profitability while continuing to press upward domestic workers’ wages unsustainably,” said President and CEO of the National Council of Agricultural Employers, Michael Marsh. “You’ll see farmers expanding fruit and vegetable production in Canada and Mexico, where the wage rates are significantly lower than they have to pay in the U.S. About half the fresh fruit in the U.S. is produced in a foreign country, and about a third of the vegetables.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the “Salad Bowl of the World,” Monterey County Farm Bureau Executive Director Norm Groot argued that revamping the AEWR calculation model, resulting in a lower hourly wage for H-2A workers, would help farmers significantly.\u003c/p>\n\u003cp>“You have temporary workers who are being paid more and domestic workers who technically could be paid less, but they have to be paid the same anyway, and so it has this wage inflation proponent in it,” Groot said. “What we’re trying to do is get that to tied not only to the inflation index, but also to the economy. If the economy goes down, then the adverse wage rate also goes down. Currently, it doesn’t get adjusted down, so you have an economy that’s slumping and you’re still paying those high wages.”\u003c/p>\n\u003cp>However, the proposed H-2A guidelines also fail to take into account year-round agriculture, as takes place in the Salinas Valley, Groot added. He said that problem could be solved by simply increasing the number of green cards with an agriculture or horticultural preference, or adding an at-will provision so H-2A workers are tied to an area, and not one specific grower. That would help growers and farmworkers, Groot said, as growers don’t always have fields that need picking and H-2A workers only get paid for the days they work.\u003c/p>\n\u003cp>If wages lower, it could put added pressure on an already struggling population.\u003c/p>\n\u003cp>Salinas tops the list of places in the U.S. with the highest concentration of farmworkers. According to the Department of Labor, 31,700 people worked as farmworkers in Salinas in 2018. In the Salinas and Pajaro valleys combined, just over 4,000 farmworkers were H-2A workers in 2017. The mean wage drawn by a farmworker in Salinas in 2018 was $28,940, statistics from the Department of Labor showed.\u003c/p>\n\u003cfigure id=\"attachment_11780790\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/RS8926_Drought_JoshC-4394-800x450.jpg\" alt=\"Farm fields outside of Los Banos, California.\" width=\"800\" height=\"450\" class=\"size-medium wp-image-11780790\">\u003cfigcaption class=\"wp-caption-text\">Farm fields outside of Los Banos, California. \u003ccite>(Josh Cassidy/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Salinas is also one of the most expensive places in the U.S. to live, with rent prices sitting at about double the national average.\u003c/p>\n\u003cp>The vast majority of farmworkers are Latino, and a new report from Oakland’s Insight Center for Community Development found 52% of Latino households have trouble paying for basic expenses, such as housing, food or electricity. The number of Latino households struggling increased from 49% in 2014, the report showed.\u003c/p>\n\u003cp>This is due, in part, to Latinos often making a lower wage. The median income for Latino households in 2016 was $56,200, far lower than the statewide average of $78,000.\u003c/p>\n\u003cp>Farmworker advocates worry the Trump administration’s proposal to drop the wages paid to H-2A workers will adversely affect domestic farmworkers.\u003c/p>\n\u003cp>“What the proposed regulation seeks to do is change the formula for how it’s calculated,” said Marichel Mejia, national field coordinator for the United Farm Workers Foundation. “One of the ways that they are adjusting this formula is basing wages based on a survey on farm labor contractors and the wages they pay. Farm labor contractors notoriously pay way less versus farmworkers who are direct hires from the company.”\u003c/p>\n\u003cp>Pay for domestic farmworkers is tied legally to H-2A pay; the hourly wage H-2A workers receive must be higher than the wages domestic workers receive. Some growers compensate domestic workers at the same rate as H-2A workers, or pay domestic workers a piece rate on top of a lower hourly wage that can help them earn higher wages overall.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "'Farmworkers are hardworking people who do some of the most difficult jobs in this country and they bring food to all of our tables. It’s hard, difficult work that’s dignified, so they should not have their wages going down.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Advocates such as the United Farm Workers Foundation worry that when noncitizen workers are paid less under the Trump administration proposal, all farmworkers will likely see their earnings decrease. Growers may hire farm labor contractors, as opposed to hiring workers, directly in order to reduce their paperwork, cut down on worker recruitment efforts, reduce legal liability, avoid unionization or labor management disputes and cut their own costs, a 2010 report out of the California Institute for Rural Studies shows.\u003c/p>\n\u003cp>However, the same report shows abuses have been reported against farm labor contractors since the earliest days of the system in 1928. Those abuses continue to this day as wage and labor violations as well as retaliatory actions, like firing workers for complaining about being sprayed with pesticides. The administration’s proposal also would require employers to pay less for transportation of the H-2A farmworkers from their native country to their place of work as well as decrease annual housing inspections of H-2A housing, carried out by federal inspectors, to once every two years. Employers would also have the option to self-certify that housing meets H-2A standards instead of undergoing a government inspection.\u003c/p>\n\u003cp>This in particular rang alarm bells at the UFW, Mejia said. \u003c/p>\n\u003cp>“Farmworkers are hardworking people who do some of the most difficult jobs in this country and they bring food to all of our tables,” said Mejia. “It’s hard, difficult work that’s dignified, so they should not have their wages going down. There are farmworkers that have been working in this country for decades and their job security should not be threatened by being potentially displaced by H-2A guest workers.\u003c/p>\n\u003cp>“The H-2A worker program is notorious to have a lot of abuse of these guest workers coming in because they don’t have a lot of labor rights. The idea of removing some of their housing safeguards, we are against that.”\u003c/p>\n\u003cp>A decision on the proposal is expected within the next year.\u003c/p>\n\u003cp>\u003cem>Kate Cimini is a multimedia journalist for The Californian. This article is part of the California Divide project, a collaboration among newsrooms examining income inequality and economic survival in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "A Contractor Died Fighting a 2016 Wildfire – His Employer Was Just Convicted of Violating Labor Laws",
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"content": "\u003cp>A Monterey County Superior Court judge found the employer of the only person to die in the massive 2016 Soberanes Fire criminally guilty of violating several labor laws in a case that debated whether heavy equipment operators hired to help the state battle wildfires are independent contractors or employees.\u003c/p>\n\u003cp>Judge Andrew Liu announced the verdict in a Salinas courtroom on Wednesday afternoon for Ian Czirban, who employed Robert Reagan, a contract bulldozer operator killed while fighting the blaze that grew to more than 130,000 acres near Big Sur.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Morgan Kemple, widow of Robert Reagan, killed fighting the Soberanes Fire\"]‘[Cal Fire] contractors are repetitively claiming to have no employees. There needs to be a change.’[/pullquote]\u003c/p>\n\u003cp>Liu ruled that Czirban was guilty of two counts of willfully failing to file a payroll tax return, one count of not having workers’ comp and one count of filing a false document.\u003c/p>\n\u003cp>“My biggest hope is that this opens Cal Fire’s eyes,” said Morgan Kemple, Reagan’s widow, in a text message after the verdict. \u003c/p>\n\u003cp>After Reagan died, two other heavy equipment contractors were killed helping state fire crews battle large blazes whose employers also did not have workers’ comp.\u003c/p>\n\u003cp>“Their contractors are repetitively claiming to have no employees. There needs to be a change and I sincerely hope this creates needed change,” Kemple said.\u003c/p>\n\u003cp>Reagan, 35, of Fresno County died after the dozer he was operating \u003ca href=\"https://www.kqed.org/news/11042061/cal-fire-probe-details-death-of-dozer-driver-in-big-sur-blaze\" rel=\"noopener\" target=\"_blank\">toppled down an embankment\u003c/a> on July 26, 2016, several days after what was once the most expensive wildfire in U.S. history to fight began.\u003c/p>\n\u003cp>Reagan left behind Kemple and two children. They \u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">struggled in the aftermath of his death\u003c/a>, in part, because the company he worked for, Madera County-based Czirban Concrete Construction, did not have a valid workers’ comp policy.\u003c/p>\n\u003cp>[aside postID=news_11367902 label='No Workers Comp in a Dangerous Line of Work' hero='https://ww2.kqed.org/wp-content/uploads/sites/10/2017/04/2016_09_20-16.07.59.194-CDT-1180x885.jpeg']Heavy equipment firms that contract with Cal Fire and the U.S. Forest Service are required to have workers’ comp. After state regulators determined the company lacked the benefit, Monterey County prosecutors charged Czirban with insurance and workers’ compensation fraud and failure to pay taxes, among other counts.\u003c/p>\n\u003cp>Czirban pleaded not guilty. More than three years after the fire and Reagan’s death, the \u003ca href=\"https://www.kqed.org/news/11749704/trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires\" target=\"_blank\" rel=\"noopener\">case\u003c/a> has come to a close.\u003c/p>\n\u003cp>In each of the next two years following Reagan’s death, heavy equipment operators employed by small firms who contract with Cal Fire died helping battle some of California’s worst fires.\u003c/p>\n\u003cp>In fact, the verdict comes two years to the day after Garrett Paiz, a private contractor helping firefighters battle the Nuns Fire, was \u003ca href=\"https://www.kqed.org/news/11636192/chp-blames-bad-brakes-for-crash-that-killed-water-tender-driver-in-north-bay-fires\" rel=\"noopener\" target=\"_blank\">killed after the water tanker he was driving crashed\u003c/a> in Napa County on Oct. 16 2017.\u003c/p>\n\u003cp>State regulators determined that his employer, Red Bluff-based Tehama Transport, did not have workers’ comp. The state Labor Commissioner’s Office \u003ca href=\"https://www.kqed.org/news/11702314/state-penalizes-firm-that-employed-dozer-operator-killed-in-carr-fire\" rel=\"noopener\" target=\"_blank\">fined the firm\u003c/a> and shut it down.\u003c/p>\n\u003cp>Two years to the day after Reagan died, bulldozer operator Donald Ray Smith, 81, of Pollock Pines in El Dorado County, was killed during the Carr Fire near Redding when the rapidly growing fire overtook him. The company he worked for, Robert Dominikus General Engineering, did not have workers’ comp either. State officials cited the company.\u003c/p>\n\u003cp>The verdict sends a message to heavy equipment contractors, according to Veena Dubal, an associate professor at UC Hastings College of the Law, who specializes in employment and has followed cases involving heavy equipment contractors in California’s wildfire gig economy.\u003c/p>\n\u003cp>“If they continue to misclassify their workers and fail to provide the required workers’ compensation insurance, as required by law, then they are taking a huge personal risk,” Dubal said in an email.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Monterey County’s successful prosecution could prompt district attorneys in other jurisdictions to prosecute similar cases, she said.\u003c/p>\n\u003cp>“Cal Fire should also be on notice. They need to do more than require that contractors say they carry workers’ compensation,” Dubal said, adding that the agency should do a better job of vetting their contractors documentation.\u003c/p>\n\u003cp>A Cal Fire spokesman has yet to comment on the ruling.\u003c/p>\n\u003cp>Kemple, Reagan’s widow, said prosecutors in Napa and Shasta counties should pursue similar cases.\u003c/p>\n\u003cp>“I hope this gives those counties motivation to file on those families’ behalf’s as well,” Reagan said.\u003c/p>\n\u003cp>[aside postID=news_11405049 label='Online Fundraising Where Workers Comp Should Be' hero='https://ww2.kqed.org/wp-content/uploads/sites/10/2017/04/reagan-family-photo-1180x1476.jpg']At the crux of the prosecution’s argument was what’s become a familiar one in California’s wars over workers’ rights — that Czirban was Reagan’s employer.\u003c/p>\n\u003cp>“We are aware of the underground economy. That was a theme in this case,” said John Hubanks, Monterey County deputy district attorney, in a courthouse interview after the verdict was read.\u003c/p>\n\u003cp>“We felt pretty clearly that he was the employer. The law, under the facts in this case, was very clear,” Hubanks said, adding that Czirban owned the bulldozer that Reagan was driving when he died, he paid people to drive it and he signed a contract for his company to do business with Cal Fire.\u003c/p>\n\u003cp>In court arguments, Hubanks argued that Czirban filed a false workers’ comp insurance certificate, leading Cal Fire officials to believe they were hiring a firm abiding by the rules.\u003c/p>\n\u003cp>Hubanks said the fact that Czirban was convicted of not having workers comp means that he may have to pay restitution to Kemple and her two children.\u003c/p>\n\u003cp>“To me that was the crux of the case,” Hubanks said. “I’m hoping the court will do the right thing and grant restitution.”\u003c/p>\n\u003cp>The judge found Czirban not guilty of insurance fraud and filing a false workers’ compensation exemption.\u003c/p>\n\u003cp>Czirban is due to be sentenced Dec. 13. Along with restitution, he faces the possibility of time behind bars in the county jail and probation, according to Hubanks.\u003c/p>\n\u003cp>Czirban’s attorney argued that Reagan was not a traditional employee, but instead a contractor and that Czirban did not file false information or mislead anyone.\u003c/p>\n\u003cp>His attorney, Daniel Olmos, declined to comment after the hearing.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Liu ruled that Czirban was guilty of two counts of willfully failing to file a payroll tax return, one count of not having workers’ comp and one count of filing a false document.\u003c/p>\n\u003cp>“My biggest hope is that this opens Cal Fire’s eyes,” said Morgan Kemple, Reagan’s widow, in a text message after the verdict. \u003c/p>\n\u003cp>After Reagan died, two other heavy equipment contractors were killed helping state fire crews battle large blazes whose employers also did not have workers’ comp.\u003c/p>\n\u003cp>“Their contractors are repetitively claiming to have no employees. There needs to be a change and I sincerely hope this creates needed change,” Kemple said.\u003c/p>\n\u003cp>Reagan, 35, of Fresno County died after the dozer he was operating \u003ca href=\"https://www.kqed.org/news/11042061/cal-fire-probe-details-death-of-dozer-driver-in-big-sur-blaze\" rel=\"noopener\" target=\"_blank\">toppled down an embankment\u003c/a> on July 26, 2016, several days after what was once the most expensive wildfire in U.S. history to fight began.\u003c/p>\n\u003cp>Reagan left behind Kemple and two children. They \u003ca href=\"https://www.kqed.org/news/11405049/widow-of-bulldozer-operator-killed-in-soberanes-fire-struggles-to-get-by\" target=\"_blank\" rel=\"noopener\">struggled in the aftermath of his death\u003c/a>, in part, because the company he worked for, Madera County-based Czirban Concrete Construction, did not have a valid workers’ comp policy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Heavy equipment firms that contract with Cal Fire and the U.S. Forest Service are required to have workers’ comp. After state regulators determined the company lacked the benefit, Monterey County prosecutors charged Czirban with insurance and workers’ compensation fraud and failure to pay taxes, among other counts.\u003c/p>\n\u003cp>Czirban pleaded not guilty. More than three years after the fire and Reagan’s death, the \u003ca href=\"https://www.kqed.org/news/11749704/trial-to-shed-light-on-status-of-workers-hired-to-fight-california-wildfires\" target=\"_blank\" rel=\"noopener\">case\u003c/a> has come to a close.\u003c/p>\n\u003cp>In each of the next two years following Reagan’s death, heavy equipment operators employed by small firms who contract with Cal Fire died helping battle some of California’s worst fires.\u003c/p>\n\u003cp>In fact, the verdict comes two years to the day after Garrett Paiz, a private contractor helping firefighters battle the Nuns Fire, was \u003ca href=\"https://www.kqed.org/news/11636192/chp-blames-bad-brakes-for-crash-that-killed-water-tender-driver-in-north-bay-fires\" rel=\"noopener\" target=\"_blank\">killed after the water tanker he was driving crashed\u003c/a> in Napa County on Oct. 16 2017.\u003c/p>\n\u003cp>State regulators determined that his employer, Red Bluff-based Tehama Transport, did not have workers’ comp. The state Labor Commissioner’s Office \u003ca href=\"https://www.kqed.org/news/11702314/state-penalizes-firm-that-employed-dozer-operator-killed-in-carr-fire\" rel=\"noopener\" target=\"_blank\">fined the firm\u003c/a> and shut it down.\u003c/p>\n\u003cp>Two years to the day after Reagan died, bulldozer operator Donald Ray Smith, 81, of Pollock Pines in El Dorado County, was killed during the Carr Fire near Redding when the rapidly growing fire overtook him. The company he worked for, Robert Dominikus General Engineering, did not have workers’ comp either. State officials cited the company.\u003c/p>\n\u003cp>The verdict sends a message to heavy equipment contractors, according to Veena Dubal, an associate professor at UC Hastings College of the Law, who specializes in employment and has followed cases involving heavy equipment contractors in California’s wildfire gig economy.\u003c/p>\n\u003cp>“If they continue to misclassify their workers and fail to provide the required workers’ compensation insurance, as required by law, then they are taking a huge personal risk,” Dubal said in an email.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Monterey County’s successful prosecution could prompt district attorneys in other jurisdictions to prosecute similar cases, she said.\u003c/p>\n\u003cp>“Cal Fire should also be on notice. They need to do more than require that contractors say they carry workers’ compensation,” Dubal said, adding that the agency should do a better job of vetting their contractors documentation.\u003c/p>\n\u003cp>A Cal Fire spokesman has yet to comment on the ruling.\u003c/p>\n\u003cp>Kemple, Reagan’s widow, said prosecutors in Napa and Shasta counties should pursue similar cases.\u003c/p>\n\u003cp>“I hope this gives those counties motivation to file on those families’ behalf’s as well,” Reagan said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>At the crux of the prosecution’s argument was what’s become a familiar one in California’s wars over workers’ rights — that Czirban was Reagan’s employer.\u003c/p>\n\u003cp>“We are aware of the underground economy. That was a theme in this case,” said John Hubanks, Monterey County deputy district attorney, in a courthouse interview after the verdict was read.\u003c/p>\n\u003cp>“We felt pretty clearly that he was the employer. The law, under the facts in this case, was very clear,” Hubanks said, adding that Czirban owned the bulldozer that Reagan was driving when he died, he paid people to drive it and he signed a contract for his company to do business with Cal Fire.\u003c/p>\n\u003cp>In court arguments, Hubanks argued that Czirban filed a false workers’ comp insurance certificate, leading Cal Fire officials to believe they were hiring a firm abiding by the rules.\u003c/p>\n\u003cp>Hubanks said the fact that Czirban was convicted of not having workers comp means that he may have to pay restitution to Kemple and her two children.\u003c/p>\n\u003cp>“To me that was the crux of the case,” Hubanks said. “I’m hoping the court will do the right thing and grant restitution.”\u003c/p>\n\u003cp>The judge found Czirban not guilty of insurance fraud and filing a false workers’ compensation exemption.\u003c/p>\n\u003cp>Czirban is due to be sentenced Dec. 13. Along with restitution, he faces the possibility of time behind bars in the county jail and probation, according to Hubanks.\u003c/p>\n\u003cp>Czirban’s attorney argued that Reagan was not a traditional employee, but instead a contractor and that Czirban did not file false information or mislead anyone.\u003c/p>\n\u003cp>His attorney, Daniel Olmos, declined to comment after the hearing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Actress Felicity Huffman reported to a federal prison in the East Bay community of Dublin to serve a 14-day sentence for her role in the unfolding college admissions scandal that saw affluent parents use bribery and other illegal means to get their children into elite universities.\u003c/p>\n\u003cp>The 56-year-old “Desperate Housewives” star surrendered to authorities at the low-security Federal Correctional Institution in Dublin, about 35 miles east of San Francisco, on Wednesday. The prison has been described by media as “Club Fed,” making its way onto a Forbes list in 2009 of “America’s 10 Cushiest Prisons.” It has housed well-known inmates in the past, including “Hollywood Madam” Heidi Fleiss.\u003c/p>\n\u003cp>[aside tag='college-admissions-scam' label='Related Coverage']Once inside the prison, Huffman will share a room and open toilet with three other inmates, according to a publicist with the TASC Group, which is representing the actress. Huffman will be subjected to five bed checks a day while having access to a gym, library and TV room, the publicist said.\u003c/p>\n\u003cp>Huffman pleaded guilty to paying $15,000 to arrange for her daughter’s SAT score to be falsified. She was also fined $30,000, must perform 250 hours of community service and spend a year on probation. She is the first parent sentenced in the scandal.\u003c/p>\n\u003cp>At her sentencing, Huffman told the judge, “I was frightened. I was stupid, and I was so wrong.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Actress Lori Loughlin and her husband Mossimo Giannulli are among some 50 other parents who have been charged in the scandal. Unlike Huffman, they have not pleaded guilty.\u003c/p>\n\u003cp>Many of the parents are accused of paying William “Rick” Singer, an admissions consultant at the center of the scheme, to bribe exam administrators to allow someone else to take tests for their children or to correct their answers, authorities say. Others are accused of paying Singer to bribe coaches in exchange for helping their children get into schools as fake athletic recruits.\u003c/p>\n\u003cp>U.S. Attorney Andrew Lelling of the District of Massachusetts, the supervising prosecutor, said Loughlin should expect a tougher sentence than Huffman if she is convicted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting by the Associated Press.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Actress Felicity Huffman reported to a federal prison in the East Bay community of Dublin to serve a 14-day sentence for her role in the unfolding college admissions scandal that saw affluent parents use bribery and other illegal means to get their children into elite universities.\u003c/p>\n\u003cp>The 56-year-old “Desperate Housewives” star surrendered to authorities at the low-security Federal Correctional Institution in Dublin, about 35 miles east of San Francisco, on Wednesday. The prison has been described by media as “Club Fed,” making its way onto a Forbes list in 2009 of “America’s 10 Cushiest Prisons.” It has housed well-known inmates in the past, including “Hollywood Madam” Heidi Fleiss.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Once inside the prison, Huffman will share a room and open toilet with three other inmates, according to a publicist with the TASC Group, which is representing the actress. Huffman will be subjected to five bed checks a day while having access to a gym, library and TV room, the publicist said.\u003c/p>\n\u003cp>Huffman pleaded guilty to paying $15,000 to arrange for her daughter’s SAT score to be falsified. She was also fined $30,000, must perform 250 hours of community service and spend a year on probation. She is the first parent sentenced in the scandal.\u003c/p>\n\u003cp>At her sentencing, Huffman told the judge, “I was frightened. I was stupid, and I was so wrong.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "'We’re Being Robbed': Wage Theft in California Often Goes Unpunished by State",
"title": "'We’re Being Robbed': Wage Theft in California Often Goes Unpunished by State",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>In February, when California labor officials announced the biggest wage theft case against a private company in state history, they included a warning for all bosses:\u003c/p>\n\u003cp>“Stealing earned wages from workers’ pockets is illegal in California and this case shows that employers who steal from their workers will end up paying for it in the end,” Julie Su, head of the state’s Labor and Workforce Development Agency, said in a press release announcing \u003ca href=\"https://www.dir.ca.gov/DIRNews/2019/2019-16.pdf\" target=\"_blank\" rel=\"noopener\">nearly $12 million in citations\u003c/a> against RDV Construction, Inc.\u003c/p>\n\u003cp>RDV has appealed the penalties.\u003c/p>\n\u003cp>But her message didn’t include a timeline for when RDV will pay; nor do any of the other announcements from the Labor Commissioner's Office about wage theft citations. There’s good reason for this: In many cases, it takes years before workers receive even a portion of the money they’re owed. Sometimes they receive nothing at all.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Jose Herrera\"]'Once you get to a point where nothing is going your way and you have no money to pay [bills], that’s when it gets to you and you feel like, what am I going to do now?'[/pullquote]\u003c/p>\n\u003cp>Last week, Gov. Gavin Newsom signed a series of worker protection bills, including \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB51\" target=\"_blank\" rel=\"noopener\">Assembly Bill 51\u003c/a>, which bans forced arbitration, a business practice commonly used by employers to prevent workers from suing them for sexual harassment, discrimination or wage theft. Another new law extends the amount of time employees have to file civil rights complaints against their employers.\u003c/p>\n\u003cp>“We’re being robbed,” said Georgina Hernandez, a janitorial worker whose former employer was cited for multiple wage violations in 2014 and ordered to pay workers over $1.7 million. Five years later, Hernandez and dozens of other employees haven’t received a dime, according to labor organizers.\u003c/p>\n\u003cp>Wage theft — a term that covers various types of pay violations — occurs with alarming frequency in California. Many employers, large and small, shortchange their workers by not paying them the minimum wage or required overtime, making improper deductions or refusing to pay them altogether. According to the U.S. Department of Labor, minimum wage violations in California alone occur approximately \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">372,000 times each week\u003c/a>.\u003c/p>\n\u003cp>Low-income workers (those paid less than $14.35 per hour in 2017), who make up \u003ca href=\"http://laborcenter.berkeley.edu/low-wage-work-in-california/#the-numbers\" target=\"_blank\" rel=\"noopener\">about a third\u003c/a> of California’s workforce, are especially vulnerable, and can suffer severe hardship when shorted on their pay. Every year, tens of millions of dollars are siphoned from workers like Hernandez, who clean restaurants, pick fruit, wait tables, repair cars, stock warehouses, sew clothes and care for the sick and elderly.\u003c/p>\n\u003cp>Risking retaliation, many workers seek help from the government. In California, the U.S. Department of Labor’s Wage and Hour Division enforces federal pay rules. But to add muscle to its efforts, the state Labor Commissioner's Office runs a parallel enforcement program. It allows workers to pursue unpaid wages through hearings, where administrative officers award or reject their claims.\u003c/p>\n\u003cp>In the majority of cases — roughly 80% — employers pay at least a portion of the claim before any judgment can be issued, said Matthew Sirolly, an attorney with the Labor Commissioner’s Office.\u003c/p>\n\u003cp>But when workers don’t reach a settlement, they rarely get their money. A landmark study of California wage claims between 2008 and 2011 found that \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">just 17% of workers\u003c/a> who won a Labor Commission judgment received even some of their pay. To avoid paying up, many of these employers shuttered their companies or hid assets, leaving workers nothing.\u003c/p>\n\u003cp>“Some person of authority — a judge or an administrative hearing officer — says this particular employer has broken the law and owes you money for your wages. But all it means is you get a piece of paper that they don’t have to pay,” said Matthew DeCarolis, an attorney at Bet Tzedek, a nonprofit legal aid firm in Los Angeles.\u003c/p>\n\u003cp>The press releases suggesting victories for underpaid workers do not hint at the years-long struggles that may lie ahead. For this story, FairWarning conducted more than 20 interviews and reviewed hundreds of pages of documents obtained under the California Public Records Act and from court files, to determine the actual outcome of these cases. In some instances, workers ultimately got nothing or, years later, are still waiting.\u003c/p>\n\u003cfigure id=\"attachment_11780074\" class=\"wp-caption alignleft\" style=\"max-width: 354px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\">\u003cimg class=\" wp-image-11780074\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\" alt=\"\" width=\"354\" height=\"266\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-536x402.jpg 536w\" sizes=\"(max-width: 354px) 100vw, 354px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jose Herrera is owed over $200,000 by his former employer, the transportation firm XPO Logistics. Herrera, who is unemployed and fighting cancer, said he’s barely getting by on his social security income. \u003ccite>(Eli Wolfe/FairWarning)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Take the seemingly endless saga of American Airporter Shuttle Inc. In April 2012, a van driver named Bin Wu filed an administrative claim with the Labor Commissioner that accused the San Francisco-based shuttle business of \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/DLSE-v.-American-Airporter-Shuttle-Notice-of-Findings-and-Order-5.6.16.pdf\" target=\"_blank\" rel=\"noopener\">numerous violations\u003c/a>.\u003c/p>\n\u003cp>Wu testified that he usually worked 13-hour days, and that the company asked him to work through meal breaks. He also wasn’t allowed to refuse assignments, but the shuttle firm classified him as an independent contractor, which would exempt them from wage regulations.\u003c/p>\n\u003cp>According to his testimony, Wu didn’t understand his contractor agreement because he received a copy in English, even though he speaks only Mandarin Chinese. Five other drivers subsequently filed similar claims.\u003c/p>\n\u003cp>In 2013, following an investigation, the Labor Commissioner issued citations to American Airporter and its owner, Phillip Achilles, saying the they illegally misclassified its drivers as contractors. The company appealed, a new hearing was held, and in May 2016 an administrative officer \u003ca href=\"https://www.dir.ca.gov/DIRNews/2016/2016-53.pdf\" target=\"_blank\" rel=\"noopener\">affirmed the citations\u003c/a>.\u003c/p>\n\u003cp>What happened next highlights the lengths some employers will go to fight citations, and the difficulty of recovering stolen wages through the legal system.\u003c/p>\n\u003cp>On June 16, 2016, after the state Labor Commissioner affirmed American Airporter’s citations, the company \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Writ-of-Mandate.pdf\" target=\"_blank\" rel=\"noopener\">contested the findings\u003c/a> in San Francisco Superior Court. But for the next two years, Achilles did nothing to advance his plea. In court briefs, the Labor Commissioner asserted that he had instead worked secretly to hide his assets. FairWarning was unable to reach Achilles. An attorney who represents the drivers declined to speak on record.\u003c/p>\n\u003cp>In October 2017, the Labor Commissioner discovered that Achilles was \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Demand-Letter-Fraudulent-Transfer.pdf\" target=\"_blank\" rel=\"noopener\">trying to sell\u003c/a> a building he owned in downtown San Francisco. The state moved to put a lien on his commercial property, allegedly worth over $5 million, but Achilles transferred the building to a shell company, rendering himself insolvent, according to court records. The Labor Commissioner \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Phillip-Achilles-Complaint-CONFORMED.pdf\" target=\"_blank\" rel=\"noopener\">sued Achilles\u003c/a> to undo the allegedly fraudulent transfer.\u003c/p>\n\u003cp>In January 2019, nearly seven years after Bin Wu filed his wage claim, the Labor Commissioner and Achilles finally \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-mediation-discussion.pdf\" target=\"_blank\" rel=\"noopener\">agreed to sit down\u003c/a> for mediation and, according to court records, \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-case-management-statement.pdf\" target=\"_blank\" rel=\"noopener\">hammered out a settlement\u003c/a> in February.\u003c/p>\n\u003cfigure id=\"attachment_11780075\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\">\u003cimg class=\"size-full wp-image-11780075\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\" alt=\"\" width=\"300\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg 300w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802-160x284.jpg 160w\" sizes=\"(max-width: 300px) 100vw, 300px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hilaria Corral’s former employer, Spirit Airport Services, was cited for wage violations in 2014. The company left California without paying her back wages. \u003ccite>(Photo courtesy of Corral)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But it was short-lived: In May, the Labor Commissioner accused Achilles of breaching their agreement. A \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Trial-Date.pdf\" target=\"_blank\" rel=\"noopener\">trial date\u003c/a> has been set for Dec. 16, but Matthew Sirolly, the Labor Commissioner attorney, said it’s unlikely the case will reach this stage because the agency has asked the court to enforce a sheriff’s sale of Achilles’ real estate.\u003c/p>\n\u003cp>But, he noted, the legal system can move at a “glacial” pace, which means an immediate sale of the property is unlikely. Sirolly said the hope is for a sale by early 2020.\u003c/p>\n\u003cp>Even in less extreme cases, hurdles for underpaid workers remain high. They need to identify their employer’s bank account or real property, which can be difficult if the information on their pay stubs is missing or incorrect. Some bosses close their companies and reopen under different names. In 50% of cases where the Labor Commissioner found that an employer owed wages, the employer \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">sold, transferred or abandoned their business\u003c/a> before the judgment was even delivered, according to a joint study by the UCLA Labor Center and National Employment Law Project.\u003c/p>\n\u003cp>“It really is a structural problem within these industries where it’s really difficult to be able to collect those wages,” said Jennifer Lin, of the employment law project.\u003c/p>\n\u003cp>In May 2014, the Labor Commissioner announced citations over $1.5 million against two janitorial companies in Southern California — NLP Janitorial and Coast to Coast West — for \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-42.pdf\" target=\"_blank\" rel=\"noopener\">failing to pay\u003c/a> their workers minimum wage or overtime.\u003c/p>\n\u003cp>Georgina Hernandez, one of the former employees, told FairWarning that she worked 12-hour days cleaning movie theaters and restaurants without overtime or breaks. She said she and her coworkers finally went to the Labor Commissioner after her boss laid them off without paying for their last month of work.\u003c/p>\n\u003cp>The loss of a month’s pay had life-altering consequences for Hernandez.\u003c/p>\n\u003cp>Speaking through a translator, she explained that she lost her apartment and spent two days sleeping on the street before finding a place to stay. For a while, she said, she couldn’t afford to feed her daughter. Others were in similar straits — at one point, Hernandez shared $10 with a former co-worker who couldn’t afford basic necessities like milk or tortillas.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"wage-theft\"]Following the citations, NLP and Coast to Coast negotiated with state labor officials and agreed to pay a settlement to their former workers. But before paying up, both companies shut down and the owners disappeared, according to an organizer with the Maintenance Cooperation Trust Fund, an advocacy group for janitorial employees, that assisted the workers with their wage claims.\u003c/p>\n\u003cp>The Labor Commissioner got a court order to stop both companies from operating in California as long as they had unpaid judgments, Sirolly said. But NLP and Coast to Coast escaped the state’s jurisdiction by moving to Texas.\u003c/p>\n\u003cp>Sirolly said the office reached out to its counterpart in Texas to enforce the judgments, only to learn that the Texas was struggling to collect its own wage claims against the companies. He added that it’s unlikely payments will ever be made to workers in either state.\u003c/p>\n\u003cp>A similar thing happened to Southern California custodial worker Hilaria Corral. In 2014, the Labor Commissioner \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-98.pdf\" target=\"_blank\" rel=\"noopener\">cited her employer\u003c/a>, Spirit Airport Services, for failing to pay overtime and minimum wage.\u003c/p>\n\u003cp>Corral said she had expected it would take time to get her back wages—perhaps as long as a year. But the company left California without paying anything to Corral, according to an organizer with the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“[I’ve] suffered greatly,” Corral said through a translator, adding that she’s worried something like this will happen to her again.\u003c/p>\n\u003cp>If enforcing wage claims against fly-by-night operators is difficult, it's equally hard against powerful companies with seemingly limitless resources to stall wage theft cases.\u003c/p>\n\u003cp>In April 2017, a Los Angeles County truck driver named Jose Herrera \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/XPO-Cartage-DLSE-ODAs-1.pdf\" target=\"_blank\" rel=\"noopener\">won an award\u003c/a> of nearly $280,000 from his employer XPO Logistics Inc., a multinational transportation and logistics company headquartered in Greenwich, Connecticut, that reported \u003ca href=\"https://news.xpo.com/en-us/news/1910/xpo-logistics-announces-fourth-quarter-and-full-year-2018-results/\" target=\"_blank\" rel=\"noopener\">more than $17 billion in revenue\u003c/a> last year.\u003c/p>\n\u003cp>Herrera had filed a claim in March 2016 with the Labor Commissioner that accused XPO of misclassifying him as an independent contractor. Today, Herrera’s judgment remains just a piece of paper. For the past two years, XPO has fought the judgment in an appeal that is still pending in Long Beach Superior Court.\u003c/p>\n\u003cp>XPO did not respond to requests for comment.\u003c/p>\n\u003cp>Julie Dickinson, an attorney who has represented XPO workers in a different wage case, said the transportation company’s active wage and hour liability, both from private litigation and state claims, is estimated at over $185 million. With a hefty litigation budget, she said, XPO can fight these battles for years.\u003c/p>\n\u003cp>“The delays are astronomical,” Dickinson said.\u003c/p>\n\u003cp>In Herrera’s case, the delay is potentially life threatening. In 2018, he was diagnosed with prostate cancer. In quick succession, he lost his job and his health insurance. Even though he’s owed more than $200,000, according to court records, Herrera said he has to live on a small social security income that leaves him with about $200 each month after he pays for his housing.\u003c/p>\n\u003cp>“It’s really bad,” Herrera said. “Now that I’m not working and don’t have any income coming in, it’s hard because I have to watch everything I spend, everything I eat.” In September, a Long Beach Superior Court affirmed the Labor Commissioner’s 2017 decision. XPO is expected to appeal the ruling.\u003c/p>\n\u003cp>Manuel Martinez, a driver who works for XPO, spent seven years fighting the company for unpaid wages. After winning a settlement for a confidential sum earlier this year, Martinez visited family in Guatemala, taking his first vacation in five years.\u003c/p>\n\u003cp>Martinez said he was stunned to find that while he was away, XPO deducted hundreds of dollars for insurance, gas and administrative costs as if he had been working.\u003c/p>\n\u003cp>“[I] felt absolutely frustrated because I had made so little on that paycheck,” Martinez said through a translator. Martinez added that he had to dip into his settlement money to pay for maintenance to his truck, and he fears that he’ll ultimately have to file for bankruptcy.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“[I] thought the company was going to make a change — [I] thought they were going to stop,” he said. “But at this point they’re doing it again, and it feels like XPO’s treatment is a laugh in the face of justice.”\u003c/p>\n\u003cp>There are some signs that post-judgment collections are improving in California. Last year, the Bureau of Field Enforcement recovered nearly $10.5 million in unpaid wage judgments — \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">more than double\u003c/a> the previous year. Tia Koonse, a staff attorney with the UCLA Labor Center, said Julie Su, who served as Labor Commissioner office from 2011 through 2018, improved enforcement by focusing on investigations of California’s underground economy and strengthening partnerships with community groups.\u003c/p>\n\u003cp>Su was tapped earlier this year by Gov. Gavin Newsom to head the California Labor and Workforce Development Agency. The Labor Commissioner’s Office refused FairWarning's request to interview Lilia Garcia-Brower, Su’s replacement.\u003c/p>\n\u003cp>A recent law, SB 588, gives the agency new powers to collect post-judgment money. According to Sirolly, the agency has also started to sue companies to prevent fraudulent transfers and bankruptcies designed to hide their assets. In Los Angeles, a pilot program to help day laborers file a measure known as a mechanics' lien boasts a nearly 100% collection rate, he added.\u003c/p>\n\u003cp>Meanwhile, the parade of news releases from the Labor Commissioner’s Office continues to announce its citations and the big dollars attached: $631,000 against a Daly City residential care facility in July; over$2.36 million against a Culver City car wash in April.\u003c/p>\n\u003cp>Sirolly said the office has done a lot of work to hold these sorts of employers accountable. But this isn’t much comfort to a worker like Jose Herrera, who says he sometimes wakes up in the night wondering if he’ll ever see a nickel of his wages.\u003c/p>\n\u003cp>“Once you get to a point where nothing is going your way and you have no money to pay [bills], that’s when it gets to you and you feel like ‘what am I going to do now?’ ”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.fairwarning.org/2019/10/clawing-back-stolen-wages/\" target=\"_blank\" rel=\"noopener\">This story\u003c/a> was produced by \u003ca href=\"http://www.fairwarning.org\" target=\"_blank\" rel=\"noopener\">FairWarning\u003c/a>, a nonprofit news organization based in Southern California that focuses on public health, consumer, workplace and environmental issues.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In February, when California labor officials announced the biggest wage theft case against a private company in state history, they included a warning for all bosses:\u003c/p>\n\u003cp>“Stealing earned wages from workers’ pockets is illegal in California and this case shows that employers who steal from their workers will end up paying for it in the end,” Julie Su, head of the state’s Labor and Workforce Development Agency, said in a press release announcing \u003ca href=\"https://www.dir.ca.gov/DIRNews/2019/2019-16.pdf\" target=\"_blank\" rel=\"noopener\">nearly $12 million in citations\u003c/a> against RDV Construction, Inc.\u003c/p>\n\u003cp>RDV has appealed the penalties.\u003c/p>\n\u003cp>But her message didn’t include a timeline for when RDV will pay; nor do any of the other announcements from the Labor Commissioner's Office about wage theft citations. There’s good reason for this: In many cases, it takes years before workers receive even a portion of the money they’re owed. Sometimes they receive nothing at all.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last week, Gov. Gavin Newsom signed a series of worker protection bills, including \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB51\" target=\"_blank\" rel=\"noopener\">Assembly Bill 51\u003c/a>, which bans forced arbitration, a business practice commonly used by employers to prevent workers from suing them for sexual harassment, discrimination or wage theft. Another new law extends the amount of time employees have to file civil rights complaints against their employers.\u003c/p>\n\u003cp>“We’re being robbed,” said Georgina Hernandez, a janitorial worker whose former employer was cited for multiple wage violations in 2014 and ordered to pay workers over $1.7 million. Five years later, Hernandez and dozens of other employees haven’t received a dime, according to labor organizers.\u003c/p>\n\u003cp>Wage theft — a term that covers various types of pay violations — occurs with alarming frequency in California. Many employers, large and small, shortchange their workers by not paying them the minimum wage or required overtime, making improper deductions or refusing to pay them altogether. According to the U.S. Department of Labor, minimum wage violations in California alone occur approximately \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">372,000 times each week\u003c/a>.\u003c/p>\n\u003cp>Low-income workers (those paid less than $14.35 per hour in 2017), who make up \u003ca href=\"http://laborcenter.berkeley.edu/low-wage-work-in-california/#the-numbers\" target=\"_blank\" rel=\"noopener\">about a third\u003c/a> of California’s workforce, are especially vulnerable, and can suffer severe hardship when shorted on their pay. Every year, tens of millions of dollars are siphoned from workers like Hernandez, who clean restaurants, pick fruit, wait tables, repair cars, stock warehouses, sew clothes and care for the sick and elderly.\u003c/p>\n\u003cp>Risking retaliation, many workers seek help from the government. In California, the U.S. Department of Labor’s Wage and Hour Division enforces federal pay rules. But to add muscle to its efforts, the state Labor Commissioner's Office runs a parallel enforcement program. It allows workers to pursue unpaid wages through hearings, where administrative officers award or reject their claims.\u003c/p>\n\u003cp>In the majority of cases — roughly 80% — employers pay at least a portion of the claim before any judgment can be issued, said Matthew Sirolly, an attorney with the Labor Commissioner’s Office.\u003c/p>\n\u003cp>But when workers don’t reach a settlement, they rarely get their money. A landmark study of California wage claims between 2008 and 2011 found that \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">just 17% of workers\u003c/a> who won a Labor Commission judgment received even some of their pay. To avoid paying up, many of these employers shuttered their companies or hid assets, leaving workers nothing.\u003c/p>\n\u003cp>“Some person of authority — a judge or an administrative hearing officer — says this particular employer has broken the law and owes you money for your wages. But all it means is you get a piece of paper that they don’t have to pay,” said Matthew DeCarolis, an attorney at Bet Tzedek, a nonprofit legal aid firm in Los Angeles.\u003c/p>\n\u003cp>The press releases suggesting victories for underpaid workers do not hint at the years-long struggles that may lie ahead. For this story, FairWarning conducted more than 20 interviews and reviewed hundreds of pages of documents obtained under the California Public Records Act and from court files, to determine the actual outcome of these cases. In some instances, workers ultimately got nothing or, years later, are still waiting.\u003c/p>\n\u003cfigure id=\"attachment_11780074\" class=\"wp-caption alignleft\" style=\"max-width: 354px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\">\u003cimg class=\" wp-image-11780074\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\" alt=\"\" width=\"354\" height=\"266\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-536x402.jpg 536w\" sizes=\"(max-width: 354px) 100vw, 354px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jose Herrera is owed over $200,000 by his former employer, the transportation firm XPO Logistics. Herrera, who is unemployed and fighting cancer, said he’s barely getting by on his social security income. \u003ccite>(Eli Wolfe/FairWarning)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Take the seemingly endless saga of American Airporter Shuttle Inc. In April 2012, a van driver named Bin Wu filed an administrative claim with the Labor Commissioner that accused the San Francisco-based shuttle business of \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/DLSE-v.-American-Airporter-Shuttle-Notice-of-Findings-and-Order-5.6.16.pdf\" target=\"_blank\" rel=\"noopener\">numerous violations\u003c/a>.\u003c/p>\n\u003cp>Wu testified that he usually worked 13-hour days, and that the company asked him to work through meal breaks. He also wasn’t allowed to refuse assignments, but the shuttle firm classified him as an independent contractor, which would exempt them from wage regulations.\u003c/p>\n\u003cp>According to his testimony, Wu didn’t understand his contractor agreement because he received a copy in English, even though he speaks only Mandarin Chinese. Five other drivers subsequently filed similar claims.\u003c/p>\n\u003cp>In 2013, following an investigation, the Labor Commissioner issued citations to American Airporter and its owner, Phillip Achilles, saying the they illegally misclassified its drivers as contractors. The company appealed, a new hearing was held, and in May 2016 an administrative officer \u003ca href=\"https://www.dir.ca.gov/DIRNews/2016/2016-53.pdf\" target=\"_blank\" rel=\"noopener\">affirmed the citations\u003c/a>.\u003c/p>\n\u003cp>What happened next highlights the lengths some employers will go to fight citations, and the difficulty of recovering stolen wages through the legal system.\u003c/p>\n\u003cp>On June 16, 2016, after the state Labor Commissioner affirmed American Airporter’s citations, the company \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Writ-of-Mandate.pdf\" target=\"_blank\" rel=\"noopener\">contested the findings\u003c/a> in San Francisco Superior Court. But for the next two years, Achilles did nothing to advance his plea. In court briefs, the Labor Commissioner asserted that he had instead worked secretly to hide his assets. FairWarning was unable to reach Achilles. An attorney who represents the drivers declined to speak on record.\u003c/p>\n\u003cp>In October 2017, the Labor Commissioner discovered that Achilles was \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Demand-Letter-Fraudulent-Transfer.pdf\" target=\"_blank\" rel=\"noopener\">trying to sell\u003c/a> a building he owned in downtown San Francisco. The state moved to put a lien on his commercial property, allegedly worth over $5 million, but Achilles transferred the building to a shell company, rendering himself insolvent, according to court records. The Labor Commissioner \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Phillip-Achilles-Complaint-CONFORMED.pdf\" target=\"_blank\" rel=\"noopener\">sued Achilles\u003c/a> to undo the allegedly fraudulent transfer.\u003c/p>\n\u003cp>In January 2019, nearly seven years after Bin Wu filed his wage claim, the Labor Commissioner and Achilles finally \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-mediation-discussion.pdf\" target=\"_blank\" rel=\"noopener\">agreed to sit down\u003c/a> for mediation and, according to court records, \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-case-management-statement.pdf\" target=\"_blank\" rel=\"noopener\">hammered out a settlement\u003c/a> in February.\u003c/p>\n\u003cfigure id=\"attachment_11780075\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\">\u003cimg class=\"size-full wp-image-11780075\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\" alt=\"\" width=\"300\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg 300w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802-160x284.jpg 160w\" sizes=\"(max-width: 300px) 100vw, 300px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hilaria Corral’s former employer, Spirit Airport Services, was cited for wage violations in 2014. The company left California without paying her back wages. \u003ccite>(Photo courtesy of Corral)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But it was short-lived: In May, the Labor Commissioner accused Achilles of breaching their agreement. A \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Trial-Date.pdf\" target=\"_blank\" rel=\"noopener\">trial date\u003c/a> has been set for Dec. 16, but Matthew Sirolly, the Labor Commissioner attorney, said it’s unlikely the case will reach this stage because the agency has asked the court to enforce a sheriff’s sale of Achilles’ real estate.\u003c/p>\n\u003cp>But, he noted, the legal system can move at a “glacial” pace, which means an immediate sale of the property is unlikely. Sirolly said the hope is for a sale by early 2020.\u003c/p>\n\u003cp>Even in less extreme cases, hurdles for underpaid workers remain high. They need to identify their employer’s bank account or real property, which can be difficult if the information on their pay stubs is missing or incorrect. Some bosses close their companies and reopen under different names. In 50% of cases where the Labor Commissioner found that an employer owed wages, the employer \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">sold, transferred or abandoned their business\u003c/a> before the judgment was even delivered, according to a joint study by the UCLA Labor Center and National Employment Law Project.\u003c/p>\n\u003cp>“It really is a structural problem within these industries where it’s really difficult to be able to collect those wages,” said Jennifer Lin, of the employment law project.\u003c/p>\n\u003cp>In May 2014, the Labor Commissioner announced citations over $1.5 million against two janitorial companies in Southern California — NLP Janitorial and Coast to Coast West — for \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-42.pdf\" target=\"_blank\" rel=\"noopener\">failing to pay\u003c/a> their workers minimum wage or overtime.\u003c/p>\n\u003cp>Georgina Hernandez, one of the former employees, told FairWarning that she worked 12-hour days cleaning movie theaters and restaurants without overtime or breaks. She said she and her coworkers finally went to the Labor Commissioner after her boss laid them off without paying for their last month of work.\u003c/p>\n\u003cp>The loss of a month’s pay had life-altering consequences for Hernandez.\u003c/p>\n\u003cp>Speaking through a translator, she explained that she lost her apartment and spent two days sleeping on the street before finding a place to stay. For a while, she said, she couldn’t afford to feed her daughter. Others were in similar straits — at one point, Hernandez shared $10 with a former co-worker who couldn’t afford basic necessities like milk or tortillas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Following the citations, NLP and Coast to Coast negotiated with state labor officials and agreed to pay a settlement to their former workers. But before paying up, both companies shut down and the owners disappeared, according to an organizer with the Maintenance Cooperation Trust Fund, an advocacy group for janitorial employees, that assisted the workers with their wage claims.\u003c/p>\n\u003cp>The Labor Commissioner got a court order to stop both companies from operating in California as long as they had unpaid judgments, Sirolly said. But NLP and Coast to Coast escaped the state’s jurisdiction by moving to Texas.\u003c/p>\n\u003cp>Sirolly said the office reached out to its counterpart in Texas to enforce the judgments, only to learn that the Texas was struggling to collect its own wage claims against the companies. He added that it’s unlikely payments will ever be made to workers in either state.\u003c/p>\n\u003cp>A similar thing happened to Southern California custodial worker Hilaria Corral. In 2014, the Labor Commissioner \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-98.pdf\" target=\"_blank\" rel=\"noopener\">cited her employer\u003c/a>, Spirit Airport Services, for failing to pay overtime and minimum wage.\u003c/p>\n\u003cp>Corral said she had expected it would take time to get her back wages—perhaps as long as a year. But the company left California without paying anything to Corral, according to an organizer with the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“[I’ve] suffered greatly,” Corral said through a translator, adding that she’s worried something like this will happen to her again.\u003c/p>\n\u003cp>If enforcing wage claims against fly-by-night operators is difficult, it's equally hard against powerful companies with seemingly limitless resources to stall wage theft cases.\u003c/p>\n\u003cp>In April 2017, a Los Angeles County truck driver named Jose Herrera \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/XPO-Cartage-DLSE-ODAs-1.pdf\" target=\"_blank\" rel=\"noopener\">won an award\u003c/a> of nearly $280,000 from his employer XPO Logistics Inc., a multinational transportation and logistics company headquartered in Greenwich, Connecticut, that reported \u003ca href=\"https://news.xpo.com/en-us/news/1910/xpo-logistics-announces-fourth-quarter-and-full-year-2018-results/\" target=\"_blank\" rel=\"noopener\">more than $17 billion in revenue\u003c/a> last year.\u003c/p>\n\u003cp>Herrera had filed a claim in March 2016 with the Labor Commissioner that accused XPO of misclassifying him as an independent contractor. Today, Herrera’s judgment remains just a piece of paper. For the past two years, XPO has fought the judgment in an appeal that is still pending in Long Beach Superior Court.\u003c/p>\n\u003cp>XPO did not respond to requests for comment.\u003c/p>\n\u003cp>Julie Dickinson, an attorney who has represented XPO workers in a different wage case, said the transportation company’s active wage and hour liability, both from private litigation and state claims, is estimated at over $185 million. With a hefty litigation budget, she said, XPO can fight these battles for years.\u003c/p>\n\u003cp>“The delays are astronomical,” Dickinson said.\u003c/p>\n\u003cp>In Herrera’s case, the delay is potentially life threatening. In 2018, he was diagnosed with prostate cancer. In quick succession, he lost his job and his health insurance. Even though he’s owed more than $200,000, according to court records, Herrera said he has to live on a small social security income that leaves him with about $200 each month after he pays for his housing.\u003c/p>\n\u003cp>“It’s really bad,” Herrera said. “Now that I’m not working and don’t have any income coming in, it’s hard because I have to watch everything I spend, everything I eat.” In September, a Long Beach Superior Court affirmed the Labor Commissioner’s 2017 decision. XPO is expected to appeal the ruling.\u003c/p>\n\u003cp>Manuel Martinez, a driver who works for XPO, spent seven years fighting the company for unpaid wages. After winning a settlement for a confidential sum earlier this year, Martinez visited family in Guatemala, taking his first vacation in five years.\u003c/p>\n\u003cp>Martinez said he was stunned to find that while he was away, XPO deducted hundreds of dollars for insurance, gas and administrative costs as if he had been working.\u003c/p>\n\u003cp>“[I] felt absolutely frustrated because I had made so little on that paycheck,” Martinez said through a translator. Martinez added that he had to dip into his settlement money to pay for maintenance to his truck, and he fears that he’ll ultimately have to file for bankruptcy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“[I] thought the company was going to make a change — [I] thought they were going to stop,” he said. “But at this point they’re doing it again, and it feels like XPO’s treatment is a laugh in the face of justice.”\u003c/p>\n\u003cp>There are some signs that post-judgment collections are improving in California. Last year, the Bureau of Field Enforcement recovered nearly $10.5 million in unpaid wage judgments — \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">more than double\u003c/a> the previous year. Tia Koonse, a staff attorney with the UCLA Labor Center, said Julie Su, who served as Labor Commissioner office from 2011 through 2018, improved enforcement by focusing on investigations of California’s underground economy and strengthening partnerships with community groups.\u003c/p>\n\u003cp>Su was tapped earlier this year by Gov. Gavin Newsom to head the California Labor and Workforce Development Agency. The Labor Commissioner’s Office refused FairWarning's request to interview Lilia Garcia-Brower, Su’s replacement.\u003c/p>\n\u003cp>A recent law, SB 588, gives the agency new powers to collect post-judgment money. According to Sirolly, the agency has also started to sue companies to prevent fraudulent transfers and bankruptcies designed to hide their assets. In Los Angeles, a pilot program to help day laborers file a measure known as a mechanics' lien boasts a nearly 100% collection rate, he added.\u003c/p>\n\u003cp>Meanwhile, the parade of news releases from the Labor Commissioner’s Office continues to announce its citations and the big dollars attached: $631,000 against a Daly City residential care facility in July; over$2.36 million against a Culver City car wash in April.\u003c/p>\n\u003cp>Sirolly said the office has done a lot of work to hold these sorts of employers accountable. But this isn’t much comfort to a worker like Jose Herrera, who says he sometimes wakes up in the night wondering if he’ll ever see a nickel of his wages.\u003c/p>\n\u003cp>“Once you get to a point where nothing is going your way and you have no money to pay [bills], that’s when it gets to you and you feel like ‘what am I going to do now?’ ”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.fairwarning.org/2019/10/clawing-back-stolen-wages/\" target=\"_blank\" rel=\"noopener\">This story\u003c/a> was produced by \u003ca href=\"http://www.fairwarning.org\" target=\"_blank\" rel=\"noopener\">FairWarning\u003c/a>, a nonprofit news organization based in Southern California that focuses on public health, consumer, workplace and environmental issues.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A bill that allows drivers to \u003ca href=\"http://bit.ly/fiorenewsomsigns\" target=\"_blank\" rel=\"noopener\">legally eat roadkill\u003c/a> was just one of many bills Gov. Gavin Newsom signed on Sunday.\u003c/p>\n\u003cp>To be more specific, you can’t eat just any old roadkill, only animals that you accidentally kill while driving your car are covered by \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB395\" target=\"_blank\" rel=\"noopener\">SB 395\u003c/a>, also known as the “Wildlife Traffic Safety Act.”\u003c/p>\n\u003cp>But roadkill eaters beware.\u003c/p>\n\u003cp>The law points out that the state is “not liable for any harm, injury, loss or damage arising out of the recovery, possession, use, transport or consumption of any wild game animal legally salvaged pursuant to this section.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill that allows drivers to \u003ca href=\"http://bit.ly/fiorenewsomsigns\" target=\"_blank\" rel=\"noopener\">legally eat roadkill\u003c/a> was just one of many bills Gov. Gavin Newsom signed on Sunday.\u003c/p>\n\u003cp>To be more specific, you can’t eat just any old roadkill, only animals that you accidentally kill while driving your car are covered by \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB395\" target=\"_blank\" rel=\"noopener\">SB 395\u003c/a>, also known as the “Wildlife Traffic Safety Act.”\u003c/p>\n\u003cp>But roadkill eaters beware.\u003c/p>\n\u003cp>The law points out that the state is “not liable for any harm, injury, loss or damage arising out of the recovery, possession, use, transport or consumption of any wild game animal legally salvaged pursuant to this section.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Sunday night was the final deadline for Gov. Gavin Newsom’s to sign or veto bills from the current legislative session — and he kept some legislators waiting until the last moments to find out if their bills were going to live or die.\u003c/p>\n\u003cp>On the last day before the deadline, Newsom announced he had signed 870 bills into law. But Sunday’s flurry of action included more vetoes than signings, mostly for things Newsom said the state could not afford to implement.\u003c/p>\n\u003cp>That included blocking a bill that would have required all schools to provide at least six weeks of pregnancy leave at full pay for staff. He also vetoed a bill requiring all elementary schools to have at least one full-day kindergarten program by 2022. Newsom did, though, sign into law a bill banning public high schools from starting class before 8:30 a.m. and middle schools from starting before 8 a.m. The governor’s office has \u003ca href=\"https://www.gov.ca.gov/2019/10/13/governor-newsom-takes-final-action-of-2019-legislative-season/\" target=\"_blank\" rel=\"noopener\">a full list of all the bills signed and vetoed on the last day\u003c/a>.\u003c/p>\n\u003cp>Over the last week, Newsom signed landmark legislation that ran the gamut from a ban on selling fur to a mandate that state university health centers stock abortion medication.\u003c/p>\n\u003cp>Below is a roundup of some of the standout bills signed in the lead up to the legislative deadline.\u003c/p>\n\u003ch3>Health and Aging\u003c/h3>\n\u003cp>\u003cstrong>SB 24:\u003c/strong> This bill, which is the first of it kind in the U.S., requires student health centers at all 34 UC and CSU campuses to provide medication abortions. The California Commission on the Status of Women and Girls will administer a Reproductive Health Fund to pay for the upfront costs of providing this option across campuses. But eventually universities may need to dip into tax dollars or student fees for ongoing costs — a funding avenue abortion opponents are against.\u003c/p>\n\u003cp>\u003cstrong>AB 824:\u003c/strong> By Assemblyman Jim Wood, D-Santa Rosa, and sponsored by Attorney General Xavier Becerra, this is another first-in-the-nation bill. It addresses pay-for-delay agreements, which saddle prescription drug users with debt. The new law tamps down on the practice of pharmaceutical drug companies paying their generic counterparts to delay the release of cheaper versions of drugs.\u003c/p>\n\u003cp>\u003cstrong>SB 464:\u003c/strong> The California Dignity in Pregnancy and Childbirth Act requires implicit bias training for all perinatal health care providers and better tracking of maternal deaths by the coroner’s office. \u003ca href=\"https://www.kqed.org/news/11760903/a-black-mother-told-not-to-scream-in-labor-asks-can-california-fix-racism-in-maternity-care\" target=\"_blank\" rel=\"noopener\">Mortality rates among black infants\u003c/a> in California are triple those of white infants, and black women are substantially more likely to suffer life-threatening complications during pregnancy.\u003c/p>\n\u003cp>\u003cstrong>SB 159:\u003c/strong> This bill by Sen. Scott Wiener, D-San Francisco, provides the HIV-prevention drugs, pre- and post-exposure prophylaxis (PrEP and PEP), \u003ca href=\"https://www.npr.org/2019/10/08/768313666/california-to-make-hiv-prevention-drugs-available-without-a-prescription\" target=\"_blank\" rel=\"noopener\">without a prescription\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>Education\u003c/h3>\n\u003cp>\u003cstrong>SB 265:\u003c/strong> This amends a previous bill, the Child Hunger Prevention and Fair Treatment Act of 2017, to ensure students who receive free or reduced school lunches are offered the same meal as their peers. Previously, low-income students received an alternative lunch, which student advocates said singled them out.\u003c/p>\n\u003cp>“No more lunch shaming in CA,” \u003ca href=\"https://twitter.com/GavinNewsom/status/1183468717939683328\" target=\"_blank\" rel=\"noopener\"> Newsom\u003c/a> tweeted on Sunday. In August, Newsom met with Ryan Kyote, a 9-year-old from Napa, who used his lunch card to cover meals for other students.\u003c/p>\n\u003cp>https://twitter.com/CAgovernor/status/1159841764833988611\u003c/p>\n\u003cp>\u003cstrong>AB 493:\u003c/strong> This directs the California Department of Education to train teachers on how to best support LGBTQ students in middle and high school.\u003c/p>\n\u003cp>\u003cstrong>AB 982:\u003c/strong> The goal of this bill is to help students during periods of suspension stay on track with their schoolwork. The law mandates that schools provide homework assignments upon request to students suspended for two or more school days.\u003c/p>\n\u003cp>\u003cstrong>SB 328:\u003c/strong> California becomes the first state in the country to mandate later start times for public schools, with the hope of improving educational success with more sleep. The law will take effect over a phased-in period, ultimately requiring middle schools to start at or after 8 a.m. and high schools to start no earlier than 8:30 a.m. The law does not apply to optional early classes or to schools in some rural areas.\u003c/p>\n\u003cp>Here’s \u003ca href=\"https://www.gov.ca.gov/2019/10/12/governor-newsom-signs-legislation-to-create-more-inclusive-schools-and-expand-k-12-student-protections/\" target=\"_blank\" rel=\"noopener\">a list of most of the education bills\u003c/a> signed by the governor.\u003c/p>\n\u003ch3>Housing\u003c/h3>\n\u003cp>\u003cstrong>AB 1482: \u003c/strong>Considered the biggest victory for California renter protections in decades, this bill creates a statewide limit on rent increases of 5% plus inflation. It also requires that landlords provide a “just cause” when evicting tenants who have been renting for a year or more. The limits on rent hikes don’t go nearly as far as local rent control laws in places like San Francisco and Oakland, but it would cover millions of Californians whose units didn’t already have such protections. The bill will sunset after 10 years.\u003c/p>\n\u003cp>\u003cstrong>SB 330\u003c/strong>: From Sen. Nancy Skinner, D-Berkeley, this law aims to cut down on red tape and to speed up construction projects by making it harder for local governments to kill affordable housing developments and homeless shelters. The provision sunsets after five years.\u003c/p>\n\u003cp>\u003cstrong>AB 1738:\u003c/strong> On Sunday, Newsom also signed a streamlined process for creating more agricultural farmworker housing.\u003c/p>\n\u003ch3>The Environment\u003c/h3>\n\u003cp>\u003cstrong>AB 54:\u003c/strong> By Assemblyman Phil Ting, D-San Francisco, AB 54 brings temporary relief in the wake of the mass closures of recycling centers that came with the folding of RePlanet, the state’s largest recycling business. The bill provides $10 million for recycling centers and gives grocers a reprieve from paying some recycling fees.\u003c/p>\n\u003cp>\u003cstrong>AB 342:\u003c/strong> AB 342 rejects the Trump administration’s plans to use protected public lands for oil and gas production. It bars any state entity from entering into an agreement to authorize pipelines or other oil- or gas-related infrastructure built on state-owned land.\u003c/p>\n\u003cp>\u003cstrong>AB 1057:\u003c/strong> This renames the Division of Oil, Gas, and Geothermal Resources with the intent to also change the mission of the newly christened Geologic Energy Management Division. New leadership at the Department of Conservation, which oversees this division, and a new division supervisor underscore efforts to reroute the agency. The bill establishes protecting public health, safety and environmental quality as the agency’s new top priorities.\u003c/p>\n\u003cp>Here’s \u003ca href=\"https://www.gov.ca.gov/2019/10/12/governor-gavin-newsom-signs-six-bills-to-move-california-away-from-fossil-fuels/\" target=\"_blank\" rel=\"noopener\">the full list of bills\u003c/a> aimed at limiting and regulating fossil fuels, including requiring a process for cleaning up non-floating oil and conducting testing on abandoned wells.\u003c/p>\n\u003ch3>Animal Welfare\u003c/h3>\n\u003cp>\u003cstrong>AB 44:\u003c/strong> Anti-fur advocates have long sought to end the use of animals for their fur, and California is the first state in the nation to ban the creation of new fur products. Republican critics said the law was disrespectful to Native Americans, but there are exceptions in the bill for fur used by Native American tribes for traditional purposes.\u003c/p>\n\u003cp>\u003cstrong>SB 313:\u003c/strong> This bill would ban the use of wild animals in circus acts, including bears, elephants, tigers and monkeys. California is only the third state, after New Jersey and Hawaii to enact a ban like this.\u003c/p>\n\u003cp>\u003cstrong>AB 128\u003c/strong> protects California’s wild and domestic horses from slaughter and \u003cstrong>AB 1254\u003c/strong> bans bobcat hunting, trapping or killing until 2025. Notably, \u003cstrong>SB 395\u003c/strong>, signed Sunday night, would allow drivers to eat animals that they accidentally hit and kill with their car.\u003c/p>\n\u003ch3>Other Bills Worth Noting\u003c/h3>\n\u003cp>In criminal justice reform, \u003cstrong>AB 1076\u003c/strong> will make it easier for people to clear their records of old criminal offenses, \u003cstrong>AB 484\u003c/strong> give judges more leeway when sentencing offenders for certain drug crimes and \u003cstrong>SB 22\u003c/strong> requires new rape kits be submitted for testing within 20 days and actually be tested within 120 days.\u003c/p>\n\u003cp>\u003cstrong>AB 32\u003c/strong> bans any new contracts or contract renewals with private prisons. By 2028, the bill will also require California to stop holding inmates in for-profit prison facilities.\u003c/p>\n\u003cp>With an election year just a few months away, \u003cstrong>SB 72\u003c/strong> mandates same-day voter registration starting in 2020, though voters who wait until Election Day to register won’t be counted until their registration is cleared by county officials\u003c/p>\n\u003cp>Finally, Newsom signed a number of \u003ca href=\"https://www.gov.ca.gov/2019/10/10/governor-newsom-signs-worker-protection-bills-addressing-sexual-harassment-wages-and-health-protections/\" target=\"_blank\" rel=\"noopener\">sexual harassment protection-oriented bills\u003c/a> spurred by the #MeToo movement.\u003c/p>\n\u003cp>\u003cem>reporting from the Associated Press was used in this post.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sunday night was the final deadline for Gov. Gavin Newsom’s to sign or veto bills from the current legislative session — and he kept some legislators waiting until the last moments to find out if their bills were going to live or die.\u003c/p>\n\u003cp>On the last day before the deadline, Newsom announced he had signed 870 bills into law. But Sunday’s flurry of action included more vetoes than signings, mostly for things Newsom said the state could not afford to implement.\u003c/p>\n\u003cp>That included blocking a bill that would have required all schools to provide at least six weeks of pregnancy leave at full pay for staff. He also vetoed a bill requiring all elementary schools to have at least one full-day kindergarten program by 2022. Newsom did, though, sign into law a bill banning public high schools from starting class before 8:30 a.m. and middle schools from starting before 8 a.m. The governor’s office has \u003ca href=\"https://www.gov.ca.gov/2019/10/13/governor-newsom-takes-final-action-of-2019-legislative-season/\" target=\"_blank\" rel=\"noopener\">a full list of all the bills signed and vetoed on the last day\u003c/a>.\u003c/p>\n\u003cp>Over the last week, Newsom signed landmark legislation that ran the gamut from a ban on selling fur to a mandate that state university health centers stock abortion medication.\u003c/p>\n\u003cp>Below is a roundup of some of the standout bills signed in the lead up to the legislative deadline.\u003c/p>\n\u003ch3>Health and Aging\u003c/h3>\n\u003cp>\u003cstrong>SB 24:\u003c/strong> This bill, which is the first of it kind in the U.S., requires student health centers at all 34 UC and CSU campuses to provide medication abortions. The California Commission on the Status of Women and Girls will administer a Reproductive Health Fund to pay for the upfront costs of providing this option across campuses. But eventually universities may need to dip into tax dollars or student fees for ongoing costs — a funding avenue abortion opponents are against.\u003c/p>\n\u003cp>\u003cstrong>AB 824:\u003c/strong> By Assemblyman Jim Wood, D-Santa Rosa, and sponsored by Attorney General Xavier Becerra, this is another first-in-the-nation bill. It addresses pay-for-delay agreements, which saddle prescription drug users with debt. The new law tamps down on the practice of pharmaceutical drug companies paying their generic counterparts to delay the release of cheaper versions of drugs.\u003c/p>\n\u003cp>\u003cstrong>SB 464:\u003c/strong> The California Dignity in Pregnancy and Childbirth Act requires implicit bias training for all perinatal health care providers and better tracking of maternal deaths by the coroner’s office. \u003ca href=\"https://www.kqed.org/news/11760903/a-black-mother-told-not-to-scream-in-labor-asks-can-california-fix-racism-in-maternity-care\" target=\"_blank\" rel=\"noopener\">Mortality rates among black infants\u003c/a> in California are triple those of white infants, and black women are substantially more likely to suffer life-threatening complications during pregnancy.\u003c/p>\n\u003cp>\u003cstrong>SB 159:\u003c/strong> This bill by Sen. Scott Wiener, D-San Francisco, provides the HIV-prevention drugs, pre- and post-exposure prophylaxis (PrEP and PEP), \u003ca href=\"https://www.npr.org/2019/10/08/768313666/california-to-make-hiv-prevention-drugs-available-without-a-prescription\" target=\"_blank\" rel=\"noopener\">without a prescription\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>Education\u003c/h3>\n\u003cp>\u003cstrong>SB 265:\u003c/strong> This amends a previous bill, the Child Hunger Prevention and Fair Treatment Act of 2017, to ensure students who receive free or reduced school lunches are offered the same meal as their peers. Previously, low-income students received an alternative lunch, which student advocates said singled them out.\u003c/p>\n\u003cp>“No more lunch shaming in CA,” \u003ca href=\"https://twitter.com/GavinNewsom/status/1183468717939683328\" target=\"_blank\" rel=\"noopener\"> Newsom\u003c/a> tweeted on Sunday. In August, Newsom met with Ryan Kyote, a 9-year-old from Napa, who used his lunch card to cover meals for other students.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\u003cstrong>AB 493:\u003c/strong> This directs the California Department of Education to train teachers on how to best support LGBTQ students in middle and high school.\u003c/p>\n\u003cp>\u003cstrong>AB 982:\u003c/strong> The goal of this bill is to help students during periods of suspension stay on track with their schoolwork. The law mandates that schools provide homework assignments upon request to students suspended for two or more school days.\u003c/p>\n\u003cp>\u003cstrong>SB 328:\u003c/strong> California becomes the first state in the country to mandate later start times for public schools, with the hope of improving educational success with more sleep. The law will take effect over a phased-in period, ultimately requiring middle schools to start at or after 8 a.m. and high schools to start no earlier than 8:30 a.m. The law does not apply to optional early classes or to schools in some rural areas.\u003c/p>\n\u003cp>Here’s \u003ca href=\"https://www.gov.ca.gov/2019/10/12/governor-newsom-signs-legislation-to-create-more-inclusive-schools-and-expand-k-12-student-protections/\" target=\"_blank\" rel=\"noopener\">a list of most of the education bills\u003c/a> signed by the governor.\u003c/p>\n\u003ch3>Housing\u003c/h3>\n\u003cp>\u003cstrong>AB 1482: \u003c/strong>Considered the biggest victory for California renter protections in decades, this bill creates a statewide limit on rent increases of 5% plus inflation. It also requires that landlords provide a “just cause” when evicting tenants who have been renting for a year or more. The limits on rent hikes don’t go nearly as far as local rent control laws in places like San Francisco and Oakland, but it would cover millions of Californians whose units didn’t already have such protections. The bill will sunset after 10 years.\u003c/p>\n\u003cp>\u003cstrong>SB 330\u003c/strong>: From Sen. Nancy Skinner, D-Berkeley, this law aims to cut down on red tape and to speed up construction projects by making it harder for local governments to kill affordable housing developments and homeless shelters. The provision sunsets after five years.\u003c/p>\n\u003cp>\u003cstrong>AB 1738:\u003c/strong> On Sunday, Newsom also signed a streamlined process for creating more agricultural farmworker housing.\u003c/p>\n\u003ch3>The Environment\u003c/h3>\n\u003cp>\u003cstrong>AB 54:\u003c/strong> By Assemblyman Phil Ting, D-San Francisco, AB 54 brings temporary relief in the wake of the mass closures of recycling centers that came with the folding of RePlanet, the state’s largest recycling business. The bill provides $10 million for recycling centers and gives grocers a reprieve from paying some recycling fees.\u003c/p>\n\u003cp>\u003cstrong>AB 342:\u003c/strong> AB 342 rejects the Trump administration’s plans to use protected public lands for oil and gas production. It bars any state entity from entering into an agreement to authorize pipelines or other oil- or gas-related infrastructure built on state-owned land.\u003c/p>\n\u003cp>\u003cstrong>AB 1057:\u003c/strong> This renames the Division of Oil, Gas, and Geothermal Resources with the intent to also change the mission of the newly christened Geologic Energy Management Division. New leadership at the Department of Conservation, which oversees this division, and a new division supervisor underscore efforts to reroute the agency. The bill establishes protecting public health, safety and environmental quality as the agency’s new top priorities.\u003c/p>\n\u003cp>Here’s \u003ca href=\"https://www.gov.ca.gov/2019/10/12/governor-gavin-newsom-signs-six-bills-to-move-california-away-from-fossil-fuels/\" target=\"_blank\" rel=\"noopener\">the full list of bills\u003c/a> aimed at limiting and regulating fossil fuels, including requiring a process for cleaning up non-floating oil and conducting testing on abandoned wells.\u003c/p>\n\u003ch3>Animal Welfare\u003c/h3>\n\u003cp>\u003cstrong>AB 44:\u003c/strong> Anti-fur advocates have long sought to end the use of animals for their fur, and California is the first state in the nation to ban the creation of new fur products. Republican critics said the law was disrespectful to Native Americans, but there are exceptions in the bill for fur used by Native American tribes for traditional purposes.\u003c/p>\n\u003cp>\u003cstrong>SB 313:\u003c/strong> This bill would ban the use of wild animals in circus acts, including bears, elephants, tigers and monkeys. California is only the third state, after New Jersey and Hawaii to enact a ban like this.\u003c/p>\n\u003cp>\u003cstrong>AB 128\u003c/strong> protects California’s wild and domestic horses from slaughter and \u003cstrong>AB 1254\u003c/strong> bans bobcat hunting, trapping or killing until 2025. Notably, \u003cstrong>SB 395\u003c/strong>, signed Sunday night, would allow drivers to eat animals that they accidentally hit and kill with their car.\u003c/p>\n\u003ch3>Other Bills Worth Noting\u003c/h3>\n\u003cp>In criminal justice reform, \u003cstrong>AB 1076\u003c/strong> will make it easier for people to clear their records of old criminal offenses, \u003cstrong>AB 484\u003c/strong> give judges more leeway when sentencing offenders for certain drug crimes and \u003cstrong>SB 22\u003c/strong> requires new rape kits be submitted for testing within 20 days and actually be tested within 120 days.\u003c/p>\n\u003cp>\u003cstrong>AB 32\u003c/strong> bans any new contracts or contract renewals with private prisons. By 2028, the bill will also require California to stop holding inmates in for-profit prison facilities.\u003c/p>\n\u003cp>With an election year just a few months away, \u003cstrong>SB 72\u003c/strong> mandates same-day voter registration starting in 2020, though voters who wait until Election Day to register won’t be counted until their registration is cleared by county officials\u003c/p>\n\u003cp>Finally, Newsom signed a number of \u003ca href=\"https://www.gov.ca.gov/2019/10/10/governor-newsom-signs-worker-protection-bills-addressing-sexual-harassment-wages-and-health-protections/\" target=\"_blank\" rel=\"noopener\">sexual harassment protection-oriented bills\u003c/a> spurred by the #MeToo movement.\u003c/p>\n\u003cp>\u003cem>reporting from the Associated Press was used in this post.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"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. ",
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"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. ",
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"marketplace": {
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"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",
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"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>",
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"order": 12
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"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?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"planet-money": {
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"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
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},
"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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"rss": "http://feeds.revealradio.org/revealpodcast"
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"order": 16
},
"link": "/podcasts/rightnowish",
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},
"science-friday": {
"id": "science-friday",
"title": "Science Friday",
"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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},
"snap-judgment": {
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