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"content": "\u003cp>SAN FRANCISCO — A federal government ban on the sale of guns to medical marijuana cardholders does not violate the Second Amendment, a federal appeals court said Wednesday.\u003c/p>\n\u003cp>The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under the court's jurisdiction, including California, Washington and Oregon.\u003c/p>\n\u003cp>It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who said she tried to buy a firearm for self-defense in 2011 after obtaining a medical marijuana card. The gun store refused, citing the federal rule banning the sale of firearms to illegal drug users.\u003c/p>\n\u003cp>Marijuana remains illegal under federal law, and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told gun sellers they can assume a person with a medical marijuana card uses the drug.\u003c/p>\n\u003cp>The 9th Circuit in its 3-0 decision said Congress reasonably concluded that marijuana and other drug use \"raises the risk of irrational or unpredictable behavior with which gun use should not be associated.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The court also concluded that it's reasonable for federal regulators to assume a medical marijuana cardholder was more likely to use the drug.\u003c/p>\n\u003cp>Wilson's attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal.\u003c/p>\n\u003cp>\"We live in a world where having a medical marijuana card is enough to say you don't get a gun, but if you're on the no-fly list your constitutional right is still protected,\" he said.\u003c/p>\n\u003cp>The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson, including her argument that her gun rights were being stripped without due process.\u003c/p>\n\u003cp>Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, said the idea that marijuana users were more prone to violence is a fallacy.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as other citizens,\" he said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SAN FRANCISCO — A federal government ban on the sale of guns to medical marijuana cardholders does not violate the Second Amendment, a federal appeals court said Wednesday.\u003c/p>\n\u003cp>The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under the court's jurisdiction, including California, Washington and Oregon.\u003c/p>\n\u003cp>It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who said she tried to buy a firearm for self-defense in 2011 after obtaining a medical marijuana card. The gun store refused, citing the federal rule banning the sale of firearms to illegal drug users.\u003c/p>\n\u003cp>Marijuana remains illegal under federal law, and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told gun sellers they can assume a person with a medical marijuana card uses the drug.\u003c/p>\n\u003cp>The 9th Circuit in its 3-0 decision said Congress reasonably concluded that marijuana and other drug use \"raises the risk of irrational or unpredictable behavior with which gun use should not be associated.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The court also concluded that it's reasonable for federal regulators to assume a medical marijuana cardholder was more likely to use the drug.\u003c/p>\n\u003cp>Wilson's attorney, Chaz Rainey, said there needs to be more consistency in the application of the Second Amendment. He planned to appeal.\u003c/p>\n\u003cp>\"We live in a world where having a medical marijuana card is enough to say you don't get a gun, but if you're on the no-fly list your constitutional right is still protected,\" he said.\u003c/p>\n\u003cp>The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson, including her argument that her gun rights were being stripped without due process.\u003c/p>\n\u003cp>Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws, said the idea that marijuana users were more prone to violence is a fallacy.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Responsible adults who use cannabis in a manner that is compliant with the laws of their states ought to receive the same legal rights and protections as other citizens,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Oakland Has 'Plum Job' for 'Reform-Minded Leader,' as OPD Seeks New Chief",
"title": "Oakland Has 'Plum Job' for 'Reform-Minded Leader,' as OPD Seeks New Chief",
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"content": "\u003cp>A couple of months after a \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\">rapid succession of police chiefs\u003c/a> amid allegations of \u003ca href=\"http://www.eastbayexpress.com/oakland/badge-of-dishonor-top-oakland-police-department-officials-looked-away-as-east-bay-cops-sexually-exploited-and-trafficked-a-teenagerdepartmen/Content?oid=4832543\" target=\"_blank\">sexual exploitation\u003c/a> involving several city police officers, Mayor Libby Schaaf officially announced the city's search for a new permanent chief Tuesday.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I remain very, very optimistic that this remains one of the plum jobs in law enforcement in the country.'\u003ccite>Sabrina Landreth,\u003cbr>\nOakland city administrator\u003c/cite>\u003c/aside>\n\u003cp>She made the announcement flanked by a group of Oakland youth, stressing that they will be heard throughout the search process.\u003c/p>\n\u003cp>\"I believe that the young people behind me are the future of this city,\" Schaaf said. \"This is the group that often feels most vulnerable and least connected to what our city currently has been doing around safety and justice.\"\u003c/p>\n\u003cp>Oakland has been without an official police chief since June 17, when the \u003ca href=\"https://ww2.kqed.org/news/2016/06/15/oakland-mayor-fires-new-interim-police-chief-after-four-days-on-job/\" target=\"_blank\">replacement's\u003c/a> acting replacement, Paul Figueroa, \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\">suddenly resigned\u003c/a> and asked to return to the department at the lower rank of captain. Schaaf placed City Administrator Sabrina Landreth in charge of police \"administrative and personnel decisions,\" while placing \"tactical and operational decisions\" in the hands of Acting Assistant Chief David Downing.\u003c/p>\n\u003cp>The city's last permanent police chief, Sean Whent, \u003ca href=\"http://ww2.kqed.org/news/2016/06/09/sean-whent-out-as-oakland-police-chief-reports-say/\" target=\"_blank\">suddenly resigned\u003c/a> via \u003ca href=\"https://www.scribd.com/doc/315374187/Resignation-letter-from-Chief-Whent-to-City-Administrator\" target=\"_blank\">late-night email\u003c/a> on June 9. His role is still unknown in directing an internal probe into officers' relationship with a now 19-year-old woman who appears to have been a sexually exploited minor, but a federal judge overseeing the Police Department pointed out \"irregularities\" related to the internal investigation in March. Judge Thelton Henderson took that investigation out of Whent's hands and put the \u003ca href=\"http://ww2.kqed.org/news/2016/07/15/federal-monitor-police-crisis-could-be-most-trying-time-in-opds-history/\" target=\"_blank\">court-appointed independent monitor\u003c/a> in charge.\u003c/p>\n\u003cfigure id=\"attachment_11065080\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11065080 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/IMG_2670-800x600.jpg\" alt=\"Oakland City Administrator Sabrina Landreth and Mayor Libby Schaaf formally announce a national search for a new police chief Monday, Aug. 29.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oakland City Administrator Sabrina Landreth and Mayor Libby Schaaf formally announce a national search for a new police chief Monday, Aug. 29. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Schaaf repeatedly \u003ca href=\"http://ww2.kqed.org/news/2016/06/24/oakland-mayor-libby-schaaf-defends-handling-of-police-scandals/\" target=\"_blank\">called allegations\u003c/a> emerging from the shadows of the OPD \"disturbing.\" On June 17, she committed the city to rooting out \"what is clearly a toxic, macho culture\" in the OPD.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It’s very important to understand the context in which we launch this search for Oakland’s permanent police chief,\" Schaaf said Tuesday, but she didn't address the ongoing criminal and administrative investigations into alleged OPD sexual misconduct and questions around the department's internal probe.\u003c/p>\n\u003cp>\"We know that there is a critical national conversation happening about policing, asking critical questions about both safety and justice. ... Oakland has been at the forefront of this discussion, both in terms of the police reforms we have made in recent years as well as the community-led demands to do even more,\" Schaaf said.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/2015/02/10/opds-fast-release-of-info-on-police-shooting-may-signal-broader-trend/\" target=\"_blank\">Under Whent\u003c/a>, Oakland was an early adopter of body cameras, and the city saw years of declining violent crime as well as police use of force and citizen complaints.\u003c/p>\n\u003cp>But the department has also struggled with accountability and an inability to rid its ranks of problem officers. The recent sexual-exploitation crisis notwithstanding, the department's \u003ca href=\"http://www.eastbayexpress.com/SevenDays/archives/2016/01/27/federal-judge-reinstates-court-appointed-investigator-to-examine-oaklands-police-officer-discipline-system\" target=\"_blank\">problems imposing discipline\u003c/a>, and the city's hit-or-miss ability to defend that discipline through arbitration, is a major reason OPD remains under federal oversight more than a decade after a lawsuit stemming from the \"Riders case\" exposed systemic constitutional violations by a group of officers.\u003c/p>\n\u003cp>\"Accountability is something that all American police chiefs are going to have to be prepared to address,\" Schaaf said, \"and enhanced citizen accountability is a trend that’s happening all over America.\"\u003c/p>\n\u003cp>Difficulties of running a chronically understaffed Police Department in a city with a relatively high rate of violent crime, a unique political landscape and federal oversight in the mix aren't detracting from likely applicants, according to city administrator Landreth.\u003c/p>\n\u003cp>\"I have been fielding inquiries from some of the top chiefs in the country,\" she said at Tuesday's press conference. \"I remain very, very optimistic that this remains one of the plum jobs in law enforcement in the country.\"\u003cbr>\n[contextly_sidebar id=\"Gdszy5XnFDJqILhCNSRtGPfD1KJsjgER\"]\u003cbr>\nIf so, it's not the only one. Oakland's going to be competing for applicants with its big sister across the bay. San Francisco is searching for its own replacement police chief following a \u003ca href=\"https://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department/\" target=\"_blank\">string of scandals\u003c/a> and the resignation of \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/suhr-resigns-after-series-of-fatal-officer-involved-shootings/\" target=\"_blank\">Greg Suhr in May\u003c/a>.\u003c/p>\n\u003cp>The same recruiting firm, Ralph Andersen & Associates, is conducting both national searches. The San Francisco \u003ca href=\"http://www.sfchronicle.com/politics/article/Despite-reform-pressure-at-least-25-want-to-be-9189662.php\" target=\"_blank\">Chronicle reports\u003c/a> that the city has attracted 25 applicants, including acting Chief Toney Chaplin.\u003c/p>\n\u003cp>Despite San Francisco's oft-repeated distinction of having the \u003ca href=\"http://www.sfexaminer.com/s-f-police-paid-a-pretty-penny/\" target=\"_blank\">highest-paid police chief\u003c/a> in the country, compensation for the two top-cop positions is comparable if you include benefits.\u003c/p>\n\u003cp>In 2015, former SFPD Chief Greg Suhr took home $308,901 in regular pay and $410,938 in total pay and benefits, according to public employee salary data from \u003ca href=\"http://transparentcalifornia.com/\" target=\"_blank\">Transparent California\u003c/a>. In 2015, former OPD Chief Whent took home $235,798 in regular pay -- more than $70,000 less than Suhr. But with almost $60,000 in \"other pay\" and $122,998 in benefits, Whent's total pay and benefits topped Suhr's by nearly $7,000.\u003c/p>\n\u003cp>\"The fact that San Francisco is recruiting at the same time could be a challenge and it could be a bonus,\" Schaaf said. \"Certainly, a lot of people are paying attention to the Bay Area right now, as a great place to live, and a place that is rife for opportunity for a reform-minded leader to really make their mark.\"\u003c/p>\n\u003cp>Oakland is hosting 10 community meetings through September to gather public input on who its next police chief should be. The city's \"Police Chief Recruitment\" \u003ca href=\"http://www2.oaklandnet.com/government/o/CityAdministration/OAK043196\" target=\"_blank\">website\u003c/a> lists the dates and links to an online survey in four languages. Landreth said the job should post in the next 10 days and the city will accept applications for a month and a half. She said the city aims \"to have a permanent chief in place at the beginning of the year.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A couple of months after a \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\">rapid succession of police chiefs\u003c/a> amid allegations of \u003ca href=\"http://www.eastbayexpress.com/oakland/badge-of-dishonor-top-oakland-police-department-officials-looked-away-as-east-bay-cops-sexually-exploited-and-trafficked-a-teenagerdepartmen/Content?oid=4832543\" target=\"_blank\">sexual exploitation\u003c/a> involving several city police officers, Mayor Libby Schaaf officially announced the city's search for a new permanent chief Tuesday.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I remain very, very optimistic that this remains one of the plum jobs in law enforcement in the country.'\u003ccite>Sabrina Landreth,\u003cbr>\nOakland city administrator\u003c/cite>\u003c/aside>\n\u003cp>She made the announcement flanked by a group of Oakland youth, stressing that they will be heard throughout the search process.\u003c/p>\n\u003cp>\"I believe that the young people behind me are the future of this city,\" Schaaf said. \"This is the group that often feels most vulnerable and least connected to what our city currently has been doing around safety and justice.\"\u003c/p>\n\u003cp>Oakland has been without an official police chief since June 17, when the \u003ca href=\"https://ww2.kqed.org/news/2016/06/15/oakland-mayor-fires-new-interim-police-chief-after-four-days-on-job/\" target=\"_blank\">replacement's\u003c/a> acting replacement, Paul Figueroa, \u003ca href=\"https://ww2.kqed.org/news/2016/06/17/a-department-in-crisis-yet-another-oakland-police-chief-removed/\" target=\"_blank\">suddenly resigned\u003c/a> and asked to return to the department at the lower rank of captain. Schaaf placed City Administrator Sabrina Landreth in charge of police \"administrative and personnel decisions,\" while placing \"tactical and operational decisions\" in the hands of Acting Assistant Chief David Downing.\u003c/p>\n\u003cp>The city's last permanent police chief, Sean Whent, \u003ca href=\"http://ww2.kqed.org/news/2016/06/09/sean-whent-out-as-oakland-police-chief-reports-say/\" target=\"_blank\">suddenly resigned\u003c/a> via \u003ca href=\"https://www.scribd.com/doc/315374187/Resignation-letter-from-Chief-Whent-to-City-Administrator\" target=\"_blank\">late-night email\u003c/a> on June 9. His role is still unknown in directing an internal probe into officers' relationship with a now 19-year-old woman who appears to have been a sexually exploited minor, but a federal judge overseeing the Police Department pointed out \"irregularities\" related to the internal investigation in March. Judge Thelton Henderson took that investigation out of Whent's hands and put the \u003ca href=\"http://ww2.kqed.org/news/2016/07/15/federal-monitor-police-crisis-could-be-most-trying-time-in-opds-history/\" target=\"_blank\">court-appointed independent monitor\u003c/a> in charge.\u003c/p>\n\u003cfigure id=\"attachment_11065080\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11065080 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/IMG_2670-800x600.jpg\" alt=\"Oakland City Administrator Sabrina Landreth and Mayor Libby Schaaf formally announce a national search for a new police chief Monday, Aug. 29.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/IMG_2670-960x720.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oakland City Administrator Sabrina Landreth and Mayor Libby Schaaf formally announce a national search for a new police chief Monday, Aug. 29. \u003ccite>(Sandhya Dirks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Schaaf repeatedly \u003ca href=\"http://ww2.kqed.org/news/2016/06/24/oakland-mayor-libby-schaaf-defends-handling-of-police-scandals/\" target=\"_blank\">called allegations\u003c/a> emerging from the shadows of the OPD \"disturbing.\" On June 17, she committed the city to rooting out \"what is clearly a toxic, macho culture\" in the OPD.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It’s very important to understand the context in which we launch this search for Oakland’s permanent police chief,\" Schaaf said Tuesday, but she didn't address the ongoing criminal and administrative investigations into alleged OPD sexual misconduct and questions around the department's internal probe.\u003c/p>\n\u003cp>\"We know that there is a critical national conversation happening about policing, asking critical questions about both safety and justice. ... Oakland has been at the forefront of this discussion, both in terms of the police reforms we have made in recent years as well as the community-led demands to do even more,\" Schaaf said.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/2015/02/10/opds-fast-release-of-info-on-police-shooting-may-signal-broader-trend/\" target=\"_blank\">Under Whent\u003c/a>, Oakland was an early adopter of body cameras, and the city saw years of declining violent crime as well as police use of force and citizen complaints.\u003c/p>\n\u003cp>But the department has also struggled with accountability and an inability to rid its ranks of problem officers. The recent sexual-exploitation crisis notwithstanding, the department's \u003ca href=\"http://www.eastbayexpress.com/SevenDays/archives/2016/01/27/federal-judge-reinstates-court-appointed-investigator-to-examine-oaklands-police-officer-discipline-system\" target=\"_blank\">problems imposing discipline\u003c/a>, and the city's hit-or-miss ability to defend that discipline through arbitration, is a major reason OPD remains under federal oversight more than a decade after a lawsuit stemming from the \"Riders case\" exposed systemic constitutional violations by a group of officers.\u003c/p>\n\u003cp>\"Accountability is something that all American police chiefs are going to have to be prepared to address,\" Schaaf said, \"and enhanced citizen accountability is a trend that’s happening all over America.\"\u003c/p>\n\u003cp>Difficulties of running a chronically understaffed Police Department in a city with a relatively high rate of violent crime, a unique political landscape and federal oversight in the mix aren't detracting from likely applicants, according to city administrator Landreth.\u003c/p>\n\u003cp>\"I have been fielding inquiries from some of the top chiefs in the country,\" she said at Tuesday's press conference. \"I remain very, very optimistic that this remains one of the plum jobs in law enforcement in the country.\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nIf so, it's not the only one. Oakland's going to be competing for applicants with its big sister across the bay. San Francisco is searching for its own replacement police chief following a \u003ca href=\"https://ww2.kqed.org/news/2016/02/02/sfpd-chief-greg-suhr-responds-to-a-new-list-of-issues-facing-department/\" target=\"_blank\">string of scandals\u003c/a> and the resignation of \u003ca href=\"https://ww2.kqed.org/news/2016/05/19/suhr-resigns-after-series-of-fatal-officer-involved-shootings/\" target=\"_blank\">Greg Suhr in May\u003c/a>.\u003c/p>\n\u003cp>The same recruiting firm, Ralph Andersen & Associates, is conducting both national searches. The San Francisco \u003ca href=\"http://www.sfchronicle.com/politics/article/Despite-reform-pressure-at-least-25-want-to-be-9189662.php\" target=\"_blank\">Chronicle reports\u003c/a> that the city has attracted 25 applicants, including acting Chief Toney Chaplin.\u003c/p>\n\u003cp>Despite San Francisco's oft-repeated distinction of having the \u003ca href=\"http://www.sfexaminer.com/s-f-police-paid-a-pretty-penny/\" target=\"_blank\">highest-paid police chief\u003c/a> in the country, compensation for the two top-cop positions is comparable if you include benefits.\u003c/p>\n\u003cp>In 2015, former SFPD Chief Greg Suhr took home $308,901 in regular pay and $410,938 in total pay and benefits, according to public employee salary data from \u003ca href=\"http://transparentcalifornia.com/\" target=\"_blank\">Transparent California\u003c/a>. In 2015, former OPD Chief Whent took home $235,798 in regular pay -- more than $70,000 less than Suhr. But with almost $60,000 in \"other pay\" and $122,998 in benefits, Whent's total pay and benefits topped Suhr's by nearly $7,000.\u003c/p>\n\u003cp>\"The fact that San Francisco is recruiting at the same time could be a challenge and it could be a bonus,\" Schaaf said. \"Certainly, a lot of people are paying attention to the Bay Area right now, as a great place to live, and a place that is rife for opportunity for a reform-minded leader to really make their mark.\"\u003c/p>\n\u003cp>Oakland is hosting 10 community meetings through September to gather public input on who its next police chief should be. The city's \"Police Chief Recruitment\" \u003ca href=\"http://www2.oaklandnet.com/government/o/CityAdministration/OAK043196\" target=\"_blank\">website\u003c/a> lists the dates and links to an online survey in four languages. Landreth said the job should post in the next 10 days and the city will accept applications for a month and a half. She said the city aims \"to have a permanent chief in place at the beginning of the year.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Sandhya Dirks contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Kaepernick Will Sit During Anthem, 'Stand With the Oppressed'",
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"content": "\u003cp>\u003cstrong>Update, 3:15 p.m., Aug. 29:\u003c/strong>\u003cbr>\nFrom the White House to San Francisco police union headquarters and the Veterans of Foreign Wars, Colin Kaepernick's name came up Monday as the San Francisco 49ers' quarterback's decision to sit down during the national anthem reached far beyond football.\u003c/p>\n\u003cp>Kaepernick, who has sat through the anthem at all three 49ers preseason games so far, is prepared to keep fighting for what he believes in, even alone.\u003c/p>\n\u003cp>\"The fact that it has blown up like this, I think it's a good thing. It brings awareness,\" Kaepernick said Sunday. \"Now, I think people are really talking about it. Having conversations about how to make change. What's really going on in this country. And we can move forward. ...There is police brutality. People of color have been targeted by police. So that's a large part of it and they're government officials. They are put in place by the government. So that's something that this country has to change. There's things we can do to hold them more accountable. Make those standards higher.\"\u003c/p>\n\u003cp>Martin Halloran, the San Francisco Police Officers Association president, sent a letter Monday to NFL Commissioner Roger Goodell and 49ers CEO Jed York denouncing Kaepernick's \"ill-advised\" statements and a \"naiveté\" and \"total lack of sensitivity\" toward police, along with an \"incredible lack of knowledge\" about officer-involved shootings.\u003c/p>\n\u003cp>The police union invited Kaepernick or anyone else from the league to visit the San Francisco police academy to build communication and understanding about the profession.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>White House spokesman Josh Earnest said he was confident President Barack Obama is aware of Kaepernick's actions but hadn't spoken directly with the president about it.\u003c/p>\n\u003cp>https://twitter.com/cspan/status/770350639444398081\u003c/p>\n\u003cp>\"In general, what I can say is that I certainly don't share the views that Mr. Kaepernick expressed after the game in explaining his reasoning for his actions, but we surely would all acknowledge and even defend his right to express those views in the settings that he chooses,\" Earnest said. \"That's what he's done, and even as objectionable as we find his perspective, he certainly is entitled to express it.\"\u003c/p>\n\u003cp>\u003cstrong>Original Post:\u003c/strong>\u003cbr>\nSan Francisco 49ers quarterback Colin Kaepernick says he plans to sit through the national anthem for as long as he feels is appropriate and until he sees significant progress -- specifically when it comes to race relations in the United States.\u003c/p>\n\u003cp>\"I'm going to continue to stand with the people that are being oppressed,\" Kaepernick told reporters in Santa Clara on Sunday after a 49ers practice. \"To me this is something that has to change. When there's significant change and I feel like that flag represents what it's supposed to represent, this country is representing people the way that it's supposed to, I'll stand.\"\u003c/p>\n\u003cp>Two days after he refused to stand for the \"The Star-Spangled Banner\" before the 49ers' preseason loss to the Packers, Kaepernick insisted that whatever the consequences, he will know \"I did what's right.\" He said he hasn't heard from the NFL or anyone else about his actions -- and it won't matter if he does.\u003c/p>\n\u003cp>\"No one's tried to quiet me and, to be honest, it's not something I'm going to be quiet about,\" he said. \"I'm going to speak the truth when I'm asked about it. This isn't for look. This isn't for publicity or anything like that. This is for people that don't have the voice. And this is for people that are being oppressed and need to have equal opportunities to be successful. To provide for families and not live in poor circumstances.\"\u003c/p>\n\u003cp>Kaepernick took the practice field Sunday with the 49ers as his stance drew chatter across NFL camps.\u003c/p>\n\u003cp>He explained his viewpoints to teammates in the morning, some agreeing with his message but not necessarily his method. Some said they know he has offended his countrymen, while others didn't even know what he had done.\u003c/p>\n\u003cp>\"Every guy on this team is entitled to their opinion. We're all grown men,\" linebacker NaVorro Bowman said.\u003c/p>\n\u003cp>\"I agree with what he did, but not in the way he did it,\" wideout Torrey Smith said. \"That's not for me. He has that right. Soldiers have died for his right to do exactly what he did. ... I know he's taken a lot of heat for it. He understands that when you do something like that, it does offend a lot of people.\"\u003c/p>\n\u003cp>Bowman and Smith are African-American.\u003c/p>\n\u003cp>Kaepernick criticized presidential candidates Donald Trump (\"openly racist\") and Hillary Clinton (she \"called black teens or black kids super-predators\") and called out police brutality against minorities.\u003c/p>\n\u003cp>\"There's people being murdered unjustly and not being held accountable,\" Kaepernick told reporters. \"People are being given paid leave for killing people. That's not right. That's not right by anyone's standards.\u003c/p>\n\u003cp>\"You can become a cop in six months and don't have to have the same amount of training as a cosmetologist,\" Kaepernick said. \"That's insane. Someone that's holding a curling iron has more education and more training than people that have a gun and are going out on the street to protect us.\"\u003c/p>\n\u003cp>In college at the University of Nevada-Reno, Kaepernick said, police were called one day \"because we were the only black people in that neighborhood.\" Officers entered without knocking and drew guns on him and his teammates and roommates as they were moving their belongings, he said.\u003c/p>\n\u003cp>He said his stand is not against men and women in the military.\u003c/p>\n\u003cp>\"I have great respect for men and women that have fought for this country,\" Kaepernick said. \"I have family, I have friends that gone and fought for this country. They fight for freedom. They fight for the people. They fight for liberty and justice for everyone. And that's not happening. People are dying in vain because this country isn't holding their end of the bargain up as far as, you know, giving freedom and justice and liberty to everybody.\"\u003c/p>\n\u003cp>On Sunday, he stopped briefly on a side field to talk with UC Berkeley sociologist Harry Edwards and they shared a quick embrace before the quarterback grabbed his helmet and took the field. Edwards helped plan the \"Olympic Project for Human Rights\" before the 1968 Mexico City Olympics, where U.S. sprinters Tommie Smith and John Carlos took the medal podium barefoot and bowed their heads through the anthem, raising gloved fists in a black power protest.\u003c/p>\n\u003cp>Coach Chip Kelly did not speak to the media Sunday. He said Saturday he still hasn't decided on his starting quarterback in a competition between Kaepernick and Blaine Gabbert, who took over the job from Kaepernick last November.\u003c/p>\n\u003cp>\"That's his right as a citizen,\" Kelly said. \"We recognize his right as an individual to choose to participate or not participate in the national anthem.\"\u003c/p>\n\u003cp>Now, Kaepernick is prepared for whatever comes next.\u003c/p>\n\u003cp>\"I think there's a lot of consequences that come along with this. There's a lot of people that don't want to have this conversation,\" he said. \"They're scared they might lose their job. Or they might not get the endorsements. They might not to be treated the same way. Those are things I'm prepared to handle. ...\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"At this point, I've been blessed to be able to get this far and have the privilege of being able to be in the NFL, making the kind of money I make and enjoy luxuries like that. I can't look in the mirror and see people dying on the street that should have the same opportunities that I've had.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 3:15 p.m., Aug. 29:\u003c/strong>\u003cbr>\nFrom the White House to San Francisco police union headquarters and the Veterans of Foreign Wars, Colin Kaepernick's name came up Monday as the San Francisco 49ers' quarterback's decision to sit down during the national anthem reached far beyond football.\u003c/p>\n\u003cp>Kaepernick, who has sat through the anthem at all three 49ers preseason games so far, is prepared to keep fighting for what he believes in, even alone.\u003c/p>\n\u003cp>\"The fact that it has blown up like this, I think it's a good thing. It brings awareness,\" Kaepernick said Sunday. \"Now, I think people are really talking about it. Having conversations about how to make change. What's really going on in this country. And we can move forward. ...There is police brutality. People of color have been targeted by police. So that's a large part of it and they're government officials. They are put in place by the government. So that's something that this country has to change. There's things we can do to hold them more accountable. Make those standards higher.\"\u003c/p>\n\u003cp>Martin Halloran, the San Francisco Police Officers Association president, sent a letter Monday to NFL Commissioner Roger Goodell and 49ers CEO Jed York denouncing Kaepernick's \"ill-advised\" statements and a \"naiveté\" and \"total lack of sensitivity\" toward police, along with an \"incredible lack of knowledge\" about officer-involved shootings.\u003c/p>\n\u003cp>The police union invited Kaepernick or anyone else from the league to visit the San Francisco police academy to build communication and understanding about the profession.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>White House spokesman Josh Earnest said he was confident President Barack Obama is aware of Kaepernick's actions but hadn't spoken directly with the president about it.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\"In general, what I can say is that I certainly don't share the views that Mr. Kaepernick expressed after the game in explaining his reasoning for his actions, but we surely would all acknowledge and even defend his right to express those views in the settings that he chooses,\" Earnest said. \"That's what he's done, and even as objectionable as we find his perspective, he certainly is entitled to express it.\"\u003c/p>\n\u003cp>\u003cstrong>Original Post:\u003c/strong>\u003cbr>\nSan Francisco 49ers quarterback Colin Kaepernick says he plans to sit through the national anthem for as long as he feels is appropriate and until he sees significant progress -- specifically when it comes to race relations in the United States.\u003c/p>\n\u003cp>\"I'm going to continue to stand with the people that are being oppressed,\" Kaepernick told reporters in Santa Clara on Sunday after a 49ers practice. \"To me this is something that has to change. When there's significant change and I feel like that flag represents what it's supposed to represent, this country is representing people the way that it's supposed to, I'll stand.\"\u003c/p>\n\u003cp>Two days after he refused to stand for the \"The Star-Spangled Banner\" before the 49ers' preseason loss to the Packers, Kaepernick insisted that whatever the consequences, he will know \"I did what's right.\" He said he hasn't heard from the NFL or anyone else about his actions -- and it won't matter if he does.\u003c/p>\n\u003cp>\"No one's tried to quiet me and, to be honest, it's not something I'm going to be quiet about,\" he said. \"I'm going to speak the truth when I'm asked about it. This isn't for look. This isn't for publicity or anything like that. This is for people that don't have the voice. And this is for people that are being oppressed and need to have equal opportunities to be successful. To provide for families and not live in poor circumstances.\"\u003c/p>\n\u003cp>Kaepernick took the practice field Sunday with the 49ers as his stance drew chatter across NFL camps.\u003c/p>\n\u003cp>He explained his viewpoints to teammates in the morning, some agreeing with his message but not necessarily his method. Some said they know he has offended his countrymen, while others didn't even know what he had done.\u003c/p>\n\u003cp>\"Every guy on this team is entitled to their opinion. We're all grown men,\" linebacker NaVorro Bowman said.\u003c/p>\n\u003cp>\"I agree with what he did, but not in the way he did it,\" wideout Torrey Smith said. \"That's not for me. He has that right. Soldiers have died for his right to do exactly what he did. ... I know he's taken a lot of heat for it. He understands that when you do something like that, it does offend a lot of people.\"\u003c/p>\n\u003cp>Bowman and Smith are African-American.\u003c/p>\n\u003cp>Kaepernick criticized presidential candidates Donald Trump (\"openly racist\") and Hillary Clinton (she \"called black teens or black kids super-predators\") and called out police brutality against minorities.\u003c/p>\n\u003cp>\"There's people being murdered unjustly and not being held accountable,\" Kaepernick told reporters. \"People are being given paid leave for killing people. That's not right. That's not right by anyone's standards.\u003c/p>\n\u003cp>\"You can become a cop in six months and don't have to have the same amount of training as a cosmetologist,\" Kaepernick said. \"That's insane. Someone that's holding a curling iron has more education and more training than people that have a gun and are going out on the street to protect us.\"\u003c/p>\n\u003cp>In college at the University of Nevada-Reno, Kaepernick said, police were called one day \"because we were the only black people in that neighborhood.\" Officers entered without knocking and drew guns on him and his teammates and roommates as they were moving their belongings, he said.\u003c/p>\n\u003cp>He said his stand is not against men and women in the military.\u003c/p>\n\u003cp>\"I have great respect for men and women that have fought for this country,\" Kaepernick said. \"I have family, I have friends that gone and fought for this country. They fight for freedom. They fight for the people. They fight for liberty and justice for everyone. And that's not happening. People are dying in vain because this country isn't holding their end of the bargain up as far as, you know, giving freedom and justice and liberty to everybody.\"\u003c/p>\n\u003cp>On Sunday, he stopped briefly on a side field to talk with UC Berkeley sociologist Harry Edwards and they shared a quick embrace before the quarterback grabbed his helmet and took the field. Edwards helped plan the \"Olympic Project for Human Rights\" before the 1968 Mexico City Olympics, where U.S. sprinters Tommie Smith and John Carlos took the medal podium barefoot and bowed their heads through the anthem, raising gloved fists in a black power protest.\u003c/p>\n\u003cp>Coach Chip Kelly did not speak to the media Sunday. He said Saturday he still hasn't decided on his starting quarterback in a competition between Kaepernick and Blaine Gabbert, who took over the job from Kaepernick last November.\u003c/p>\n\u003cp>\"That's his right as a citizen,\" Kelly said. \"We recognize his right as an individual to choose to participate or not participate in the national anthem.\"\u003c/p>\n\u003cp>Now, Kaepernick is prepared for whatever comes next.\u003c/p>\n\u003cp>\"I think there's a lot of consequences that come along with this. There's a lot of people that don't want to have this conversation,\" he said. \"They're scared they might lose their job. Or they might not get the endorsements. They might not to be treated the same way. Those are things I'm prepared to handle. ...\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cstrong>San Jose Police Shortage\u003c/strong>\u003cbr>\nThe city of San Jose could declare a public safety emergency as early as next week over a shortage of police officers. Some city officials say the move is necessary to ensure that street patrols are adequately staffed, but critics say it's a politically motivated tactic.\u003c/p>\n\u003cp>Guests:\u003cbr>\n• Beth Willon, KQED\u003cbr>\n• Paul Kelly, San Jose Police Officers' Association president\u003cbr>\n• Rose Herrera, San Jose vice mayor\u003c/p>\n\u003cp>\u003cstrong>California Jail Suicides\u003c/strong>\u003cbr>\nCalifornia's county jails have become the de facto treatment provider for people struggling with mental illness and addiction. At least a third of inmates suffer from some kind of mental disorder, while one alarming indication of the problem is an increase in inmate suicides. With the support of the California Data Fellowship, Center for Health Journalism, at USC, KQED's Lisa Pickoff-White and Julie Small have been looking into where the problem is most acute.\u003c/p>\n\u003cp>\u003cstrong>Bay Area Arts Preview \u003c/strong>\u003cbr>\nBay Area cultural life is set to go into overdrive this fall with a wide array of unique performances and exhibitions. From a conceptual artwork featuring a diamond ring to a collaboration between the Mark Morris Dance Group and Yo-Yo Ma's Silk Road Project, KQED Senior Arts Editor Chloe Veltman shares her picks.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>A U.S. court has the authority to hear \u003ca href=\"http://ww2.kqed.org/bayareabites/2013/08/30/bag-it-trader-joes-tells-pirate-grocer-in-canada/\">a trademark lawsuit\u003c/a> by grocery chain Trader Joe's against a man who purchased the company's products and resold them in Canada at \"Pirate Joe's,\" a store designed to mimic a real Trader Joe's, a federal appeals court ruled Friday.\u003c/p>\n\u003cp>The 9th U.S. Circuit Court of Appeals in San Francisco overturned a district court's decision to dismiss California-based Trader Joe's federal trademark claims.\u003c/p>\n\u003cp>The district court in Washington state said it lacked authority to hear those claims because the defendant's alleged trademark violations occurred in Canada and Trader Joe's had failed to clearly explain how they affected U.S. commerce.\u003c/p>\n\u003cp>The 9th Circuit said defendant Michael Hallatt's conduct could harm Trader Joe's reputation, decreasing the value of its American-held trademarks.\u003c/p>\n\u003cp>Circuit Judge Morgan Christen also pointed out that Hallatt bought the Trader Joe's goods he resold in Washington state.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A call to Hallatt's attorney, Nathan Alexander, was not immediately returned.\u003c/p>\n\u003cp>Trader Joe's does not have stores in Canada. The \u003ca href=\"http://www.sfgate.com/news/article/Trader-Joe-s-drags-a-pirate-to-court-4736782.php\">company sued Hallatt in 2013, \u003c/a>alleging he drove across the border to a Trader Joe's store in Washington state, bought the company's products and resold them at higher prices at his Vancouver, British Columbia, store.\u003c/p>\n\u003cp>A Trader Joe's store refused to sell to Hallatt, but he put on disguises to avoid detection, shopped at other stores as far away as California and hired others to shop for him, the company said in its lawsuit. It estimated Hallatt had spent more than $350,000 on its products.\u003c/p>\n\u003cp>Hallatt said his business was lawful. He provided a service to Canadians who wanted Trader Joe's products but didn't want to go through the trouble of traveling to the U.S. to get them. In court documents responding to the lawsuit, Hallatt said he never represented himself as an authorized reseller of Trader Joe's products or as an affiliate of Trader Joe's.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The 9th Circuit sent the case back to the district court for further proceedings.\u003c/p>\n\n",
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"disqusTitle": "Stanford Sex-Assault Case Judge Transferred Off Criminal Cases",
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"content": "\u003cp>The Santa Clara County judge who issued a six-month sentence in the sexual assault conviction of a former Stanford swimmer has removed himself from handling criminal matters -- as efforts to recall him continue.\u003c/p>\n\u003cp>Superior Court Judge Aaron Persky requested that he be assigned to civil court and that request was approved, the county's Presiding Judge Rise Pinchon said in a statement Thursday.\u003c/p>\n\u003cp>\"While I firmly believe in Judge Persky's ability to serve in his current assignment, he has requested to be assigned to the civil division, in which he previously served,\" Pichon said. \"Judge Persky believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge the duties of his current criminal assignment.\"\u003c/p>\n\u003cp>The move is not necessarily permanent. The assignment is subject to an annual review and takes effect Sept. 6.\u003c/p>\n\u003cp>Pichon said that another judge's desire to transfer to Palo Alto has made a quick swap with Persky possible. Normally such changes don't happen until a new year.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Persky ordered the six-month sentence for Brock Turner, a Dayton, Ohio, resident who had been attending Stanford on a swimming scholarship. The judge cited a probation department recommendation and the effect the conviction will have on Turner's life.\u003c/p>\n\u003cp>A jury convicted Turner of sexually assaulting the young woman he met at a campus fraternity party in January 2015 after she passed out behind a trash bin.\u003c/p>\n\u003cp>The sentence, along with the long and much-shared statement the victim read in court, made the case a national rallying cry for a reconsideration of how rape is handled by the law.\u003c/p>\n\u003cp>Michelle Dauber, the Stanford law professor behind the recall effort, said that while the move from Persky is welcome, the recall attempt will continue, in part because Persky \"can still transfer back to hearing criminal cases any time he chooses.\"\u003c/p>\n\u003cp>\"The issue of his judicial bias in favor of privileged defendants in sex crimes and domestic violence still needs to be addressed by the voters of Santa Clara County,\" Dauber said in an email. \"In our opinion, Judge Persky is biased and should not be on the bench.\"\u003c/p>\n\u003cp>Dauber and other organizers have said they will begin collecting signatures in April to qualify the issue for the November 2017 ballot.\u003c/p>\n\u003cp>Persky had already departed from two sex-crimes cases since his June sentencing of the 20-year-old Turner exploded in national media.\u003c/p>\n\u003cp>On Monday he formally recused himself from deciding whether to reduce a San Jose plumber's felony child pornography charges to misdemeanors.\u003c/p>\n\u003cp>That came two months after the district attorney's office removed Persky from a different sexual assault case, saying \"we lack confidence\" in the judge's ability to decide it impartially.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In addition to his supervising judge, attorneys who have argued in front of Persky cite his abilities. Santa Clara County Deputy Public Defender Gary Goodman in June called him a \"solid and respected judge,\" while defense attorney Barbara Muller said he's \"one of the fairest judges\" in the county.\u003c/p>\n\n",
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"nprByline": "\u003cstrong>Paul Elias and Andrew Dalton\u003cbr />Associated Press\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Santa Clara County judge who issued a six-month sentence in the sexual assault conviction of a former Stanford swimmer has removed himself from handling criminal matters -- as efforts to recall him continue.\u003c/p>\n\u003cp>Superior Court Judge Aaron Persky requested that he be assigned to civil court and that request was approved, the county's Presiding Judge Rise Pinchon said in a statement Thursday.\u003c/p>\n\u003cp>\"While I firmly believe in Judge Persky's ability to serve in his current assignment, he has requested to be assigned to the civil division, in which he previously served,\" Pichon said. \"Judge Persky believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge the duties of his current criminal assignment.\"\u003c/p>\n\u003cp>The move is not necessarily permanent. The assignment is subject to an annual review and takes effect Sept. 6.\u003c/p>\n\u003cp>Pichon said that another judge's desire to transfer to Palo Alto has made a quick swap with Persky possible. Normally such changes don't happen until a new year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Persky ordered the six-month sentence for Brock Turner, a Dayton, Ohio, resident who had been attending Stanford on a swimming scholarship. The judge cited a probation department recommendation and the effect the conviction will have on Turner's life.\u003c/p>\n\u003cp>A jury convicted Turner of sexually assaulting the young woman he met at a campus fraternity party in January 2015 after she passed out behind a trash bin.\u003c/p>\n\u003cp>The sentence, along with the long and much-shared statement the victim read in court, made the case a national rallying cry for a reconsideration of how rape is handled by the law.\u003c/p>\n\u003cp>Michelle Dauber, the Stanford law professor behind the recall effort, said that while the move from Persky is welcome, the recall attempt will continue, in part because Persky \"can still transfer back to hearing criminal cases any time he chooses.\"\u003c/p>\n\u003cp>\"The issue of his judicial bias in favor of privileged defendants in sex crimes and domestic violence still needs to be addressed by the voters of Santa Clara County,\" Dauber said in an email. \"In our opinion, Judge Persky is biased and should not be on the bench.\"\u003c/p>\n\u003cp>Dauber and other organizers have said they will begin collecting signatures in April to qualify the issue for the November 2017 ballot.\u003c/p>\n\u003cp>Persky had already departed from two sex-crimes cases since his June sentencing of the 20-year-old Turner exploded in national media.\u003c/p>\n\u003cp>On Monday he formally recused himself from deciding whether to reduce a San Jose plumber's felony child pornography charges to misdemeanors.\u003c/p>\n\u003cp>That came two months after the district attorney's office removed Persky from a different sexual assault case, saying \"we lack confidence\" in the judge's ability to decide it impartially.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In addition to his supervising judge, attorneys who have argued in front of Persky cite his abilities. Santa Clara County Deputy Public Defender Gary Goodman in June called him a \"solid and respected judge,\" while defense attorney Barbara Muller said he's \"one of the fairest judges\" in the county.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Judge Ices One Starbucks Lawsuit; Three Others Still at the Bar",
"title": "Judge Ices One Starbucks Lawsuit; Three Others Still at the Bar",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Here's a grande-sized legal treat -- as we're all aware, that's Starbucks for \"medium,\" so don't get your hopes up -- for both fans of plain-spoken reasoning from the bench and those who enjoy arcane jurisprudence.\u003c/p>\n\u003cp>First, the plain speaking. A Southern California federal judge, citing the acumen of soda-guzzling children, has \u003ca href=\"http://blogs.wsj.com/law/2016/08/23/incredulous-judge-tosses-lawsuit-accusing-starbucks-of-putting-too-much-ice-in-cold-drinks/?mod=yahoo_hs&yptr=yahoo\" target=\"_blank\">thrown out\u003c/a> a consumer fraud lawsuit from a Starbucks customer who alleged that baristas are cheating customers by overloading its cold drinks with ice.\u003c/p>\n\u003cp>The complaint, filed by Los Angeles resident Alexander Forouzesh, is not entirely loony. It rests on the observation that when you order a cold Starbucks beverage -- a $4.45 venti Teavana® Shaken Berry Sangria Herbal Tea, for instance, which is advertised as a 24-ounce drink -- you get a lot less than 24 ounces of tea.\u003c/p>\n\u003cp>\"When a Starbucks employee fills a venti cold drink cup to the top black line [indicating a full pour],\" the lawsuit said, \"they are only pouring about 14 fluid ounces of cold drink into the cup, not 24 fluid ounces.\"\u003c/p>\n\u003cfigure id=\"attachment_11060723\" class=\"wp-caption alignright\" style=\"max-width: 353px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-25-09.13.27.png\">\u003cimg class=\"size-full wp-image-11060723\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-25-09.13.27.png\" alt=\"A picture included in a lawsuit alleging Starbucks has defrauded customers by overfilling its cold drinks with ice. \" width=\"353\" height=\"500\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A picture included in a lawsuit alleging Starbucks has defrauded customers by overfilling its cold drinks with ice.\u003c/figcaption>\u003c/figure>\n\u003cp>It isn't just all the ice added to his 14 ounces of whatever that upset Forouzesh. He also objected to the size of the Starbucks ice chunks.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The smaller the pieces of ice, the more 'accurate' the conversion of ounces — from frozen liquid — will be,\" his complaint said. \"However, large pieces of ice — like those used by Starbucks in its cold drinks -- take up more space and thus when melted, will yield fewer measured 'fluid' ounces of coffee or tea.\"\u003c/p>\n\u003cp>All those icy shenanigans allegedly amounted to fraud, false advertising, negligent misrepresentation and a host of other infractions that Forouzesh wanted to see punished.\u003c/p>\n\u003cp>U.S. District Court Judge Percy Anderson agreed with Starbucks' argument that \"reasonable consumers\" know what the deal is with the ice in their drinks and aren't confused about how many ounces of delicious beverage they're receiving.\u003c/p>\n\u003cp>\"As young children learn, they can increase the amount of beverage they receive if they order 'no ice,'\" Anderson wrote in an order released last Friday. \"If children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive, the court has no difficulty concluding that a reasonable consumer would not be deceived into thinking that when they order an iced tea, that the drink they receive will include both ice and tea and that for a given size cup, some portion of the drink will be ice rather than whatever liquid beverage the consumer ordered.\"\u003c/p>\n\u003cp>Anderson dismissed Forouzesh's complaint \"with prejudice\" -- legalese for \"don't bring this garbage into my courtroom again.\"\u003c/p>\n\u003cp>But Starbucks is still facing three lawsuits that accuse it of underfilling customers' drinks. A suit filed in Chicago focuses, like Forouzesh, on ice in cold drinks. Complaints filed in San Francisco and New York City target \u003ca href=\"https://ww2.kqed.org/news/2016/03/18/the-people-v-starbucks-java-chain-accused-of-skimping-on-lattes/#starbuckssuit\" target=\"_blank\">alleged skimping\u003c/a> on hot beverages.\u003c/p>\n\u003cp>Here, we enter the realm of legal arcana.\u003c/p>\n\u003cp>The java giant recently tried to have the cases consolidated to the federal district court in Seattle, its corporate hometown. The request went before a review board, the \u003ca href=\"http://www.jpml.uscourts.gov/\" target=\"_blank\">Judicial Panel on Multidistrict Litigation\u003c/a>, made up of federal judges from around the country.\u003c/p>\n\u003cp>The panel earlier this month rejected Starbucks' motion to move the suits to Washington. For one thing, the panel's ruling said, the litigation isn't all that complex or far-flung. For another, the subjects of the suits -- some challenging the integrity of Starbucks' hot drinks, some alleging cold-drink fraud -- are different enough to warrant trying them separately.\u003c/p>\n\u003cp>The various lawsuits \"involve different factual theories of liability,\" the panel wrote, adding:\u003c/p>\n\u003cblockquote>\u003cp>\"Two actions allege that latte and mocha beverages are underfilled based on recipes and equipment unique to beverages made with steamed milk, and two actions allege that cold drinks are underfilled based on practices unique to beverages made with ice. These factual dissimilarities likely will result in discovery, pretrial motions, and class certification issues that are not shared across the beverage categories. \"\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The two hot drink suits and the remaining cold drink suit, with their diverse theories of liability and factual dissimilarities, are all scheduled for further proceedings this fall.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Here's a grande-sized legal treat -- as we're all aware, that's Starbucks for \"medium,\" so don't get your hopes up -- for both fans of plain-spoken reasoning from the bench and those who enjoy arcane jurisprudence.\u003c/p>\n\u003cp>First, the plain speaking. A Southern California federal judge, citing the acumen of soda-guzzling children, has \u003ca href=\"http://blogs.wsj.com/law/2016/08/23/incredulous-judge-tosses-lawsuit-accusing-starbucks-of-putting-too-much-ice-in-cold-drinks/?mod=yahoo_hs&yptr=yahoo\" target=\"_blank\">thrown out\u003c/a> a consumer fraud lawsuit from a Starbucks customer who alleged that baristas are cheating customers by overloading its cold drinks with ice.\u003c/p>\n\u003cp>The complaint, filed by Los Angeles resident Alexander Forouzesh, is not entirely loony. It rests on the observation that when you order a cold Starbucks beverage -- a $4.45 venti Teavana® Shaken Berry Sangria Herbal Tea, for instance, which is advertised as a 24-ounce drink -- you get a lot less than 24 ounces of tea.\u003c/p>\n\u003cp>\"When a Starbucks employee fills a venti cold drink cup to the top black line [indicating a full pour],\" the lawsuit said, \"they are only pouring about 14 fluid ounces of cold drink into the cup, not 24 fluid ounces.\"\u003c/p>\n\u003cfigure id=\"attachment_11060723\" class=\"wp-caption alignright\" style=\"max-width: 353px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-25-09.13.27.png\">\u003cimg class=\"size-full wp-image-11060723\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Screenshot-2016-08-25-09.13.27.png\" alt=\"A picture included in a lawsuit alleging Starbucks has defrauded customers by overfilling its cold drinks with ice. \" width=\"353\" height=\"500\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A picture included in a lawsuit alleging Starbucks has defrauded customers by overfilling its cold drinks with ice.\u003c/figcaption>\u003c/figure>\n\u003cp>It isn't just all the ice added to his 14 ounces of whatever that upset Forouzesh. He also objected to the size of the Starbucks ice chunks.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The smaller the pieces of ice, the more 'accurate' the conversion of ounces — from frozen liquid — will be,\" his complaint said. \"However, large pieces of ice — like those used by Starbucks in its cold drinks -- take up more space and thus when melted, will yield fewer measured 'fluid' ounces of coffee or tea.\"\u003c/p>\n\u003cp>All those icy shenanigans allegedly amounted to fraud, false advertising, negligent misrepresentation and a host of other infractions that Forouzesh wanted to see punished.\u003c/p>\n\u003cp>U.S. District Court Judge Percy Anderson agreed with Starbucks' argument that \"reasonable consumers\" know what the deal is with the ice in their drinks and aren't confused about how many ounces of delicious beverage they're receiving.\u003c/p>\n\u003cp>\"As young children learn, they can increase the amount of beverage they receive if they order 'no ice,'\" Anderson wrote in an order released last Friday. \"If children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive, the court has no difficulty concluding that a reasonable consumer would not be deceived into thinking that when they order an iced tea, that the drink they receive will include both ice and tea and that for a given size cup, some portion of the drink will be ice rather than whatever liquid beverage the consumer ordered.\"\u003c/p>\n\u003cp>Anderson dismissed Forouzesh's complaint \"with prejudice\" -- legalese for \"don't bring this garbage into my courtroom again.\"\u003c/p>\n\u003cp>But Starbucks is still facing three lawsuits that accuse it of underfilling customers' drinks. A suit filed in Chicago focuses, like Forouzesh, on ice in cold drinks. Complaints filed in San Francisco and New York City target \u003ca href=\"https://ww2.kqed.org/news/2016/03/18/the-people-v-starbucks-java-chain-accused-of-skimping-on-lattes/#starbuckssuit\" target=\"_blank\">alleged skimping\u003c/a> on hot beverages.\u003c/p>\n\u003cp>Here, we enter the realm of legal arcana.\u003c/p>\n\u003cp>The java giant recently tried to have the cases consolidated to the federal district court in Seattle, its corporate hometown. The request went before a review board, the \u003ca href=\"http://www.jpml.uscourts.gov/\" target=\"_blank\">Judicial Panel on Multidistrict Litigation\u003c/a>, made up of federal judges from around the country.\u003c/p>\n\u003cp>The panel earlier this month rejected Starbucks' motion to move the suits to Washington. For one thing, the panel's ruling said, the litigation isn't all that complex or far-flung. For another, the subjects of the suits -- some challenging the integrity of Starbucks' hot drinks, some alleging cold-drink fraud -- are different enough to warrant trying them separately.\u003c/p>\n\u003cp>The various lawsuits \"involve different factual theories of liability,\" the panel wrote, adding:\u003c/p>\n\u003cblockquote>\u003cp>\"Two actions allege that latte and mocha beverages are underfilled based on recipes and equipment unique to beverages made with steamed milk, and two actions allege that cold drinks are underfilled based on practices unique to beverages made with ice. These factual dissimilarities likely will result in discovery, pretrial motions, and class certification issues that are not shared across the beverage categories. \"\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\n\u003cp>The two hot drink suits and the remaining cold drink suit, with their diverse theories of liability and factual dissimilarities, are all scheduled for further proceedings this fall.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Judging the Judges: Recalls May Become Easier, But Is That Better for California?",
"title": "Judging the Judges: Recalls May Become Easier, But Is That Better for California?",
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"content": "\u003cp>The reaction has been swift, viral and unrelenting. Shortly after Santa Clara County Judge Aaron Persky sentenced an ex-Stanford University swimmer to only six months in jail for sexually assaulting an unconscious woman, the victim’s emotional 12-page court \u003ca href=\"https://www.buzzfeed.com/katiejmbaker/heres-the-powerful-letter-the-stanford-victim-read-to-her-ra?utm_term=.ktk1JzabGr#.lm1P6OdGb1\">statement\u003c/a> drew 13 million readers online, and a \u003ca href=\"https://www.change.org/p/california-state-house-recall-judge-aaron-persky?source_location=movement\">cyber-petition\u003c/a> demanding the judge’s removal garnered well over a million signatures. \u003c/p>\n\u003cp>By Thursday night, the judge himself had been, at his own request, \u003ca href=\"https://ww2.kqed.org/news/2016/08/26/judge-aaron-persky-brock-turner-case/\" target=\"_blank\">removed from hearing criminal cases altogether\u003c/a>.\u003c/p>\n\u003cp>Despite the judge’s reassignment to civil court, announced in a statement by the county’s presiding judge, a \u003ca href=\"http://www.recallaaronpersky.com/\">recall\u003c/a> movement is moving forward.\u003c/p>\n\u003cp>“He can still transfer back to hearing criminal cases any time he chooses,” said Stanford law professor Michele Dauber, a friend of the victim’s family who is organizing the recall. “Furthermore, judicial bias is just as serious regardless of whether a case is civil or criminal. Many issues affecting women are heard in civil court every day.”\u003c/p>\n\u003cp>Such a recall is rare nationwide, and by design, California’s \u003ca href=\"http://www.sos.ca.gov/elections/recalls/procedure-recalling-state-and-local-officials/\">system\u003c/a> makes it difficult. But amid a constellation of factors, some legal experts believe we could be plunging into a new era in which judges increasingly fear losing their jobs over unpopular decisions -- and that, in turn, may influence how they behave on the bench.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Evidence suggests that judges tend to hand down stiffer sentences shortly before they have to face the voters in retention elections. And although there is little research on the effects of judicial recalls because there have been so few of them, growing mistrust in the justice system and the rise of social media could change that.\u003c/p>\n\u003cp>\"People are less inclined to be deferential to their public institutions than was once the case,\" said Kevin Cole, a professor at University of San Diego School of Law. \"And it’s easier for criticism to spread. Now all you need is an internet connection.\"\u003c/p>\n\u003cp>When California voters initially gave themselves the ability to oust judges by recall in 1911, it was seen as a tool to protect the judiciary from corporate influence. Progressives at the time argued that in a true democracy, judges -- and all elected officials -- should be held accountable to the will of the people. Interestingly, over the past century notable recalls have targeted male judges who were viewed as dismissive of the concerns of women.\u003c/p>\n\u003cp>[Judges2]\u003c/p>\n\u003cp>Today, many legal scholars are warning of dangers inherent in politicizing the courts: 46 California law professors have signed a \u003ca href=\"http://www.therecorder.com/id=1202763810644/46-California-Law-Professors-Letter-Opposes-Persky-Ouster?slreturn=20160716202015\">letter\u003c/a> that, while criticizing Brock Turner’s sentence, warns that a recall poses \"grave collateral damage\" to justice in California.\u003c/p>\n\u003cp>\"Naked political pressure of this kind risks undermining the very foundation of dispassionate, independent judgment upon which all criminal convictions and sentences depend for their legitimacy,\" they wrote. “If disappointed litigants can influence the outcomes of future cases by unseating judges who rule against their interests, the administration of justice quickly falls into the hands of the wealthy, special interest groups, and anyone who wants to launch a political action committee on the heels of media coverage of a controversial case.\"\u003c/p>\n\u003cp>UC Irvine law school dean Erwin Chemerinsky, who joined other law professors in signing the anti-recall letter, \u003ca href=\"http://www.ocregister.com/articles/judge-719460-sentence-judges.html\">wrote\u003c/a> that recall efforts mostly target judges seen as rendering lenient sentences. He has represented defendants given a life sentence for stealing $153 of videotapes and 25 years to life for stealing an umbrella and two bottles of liquor worth $49, but can’t remember a recall ever mounted against a judge for imposing \"an outrageously long sentence.\"\u003c/p>\n\u003cp>Another online \u003ca href=\"https://www.change.org/p/california-commission-on-judicial-performance-a-letter-in-support-of-judge-aaron-persky-and-judicial-discretion\">petition\u003c/a>, this one started by public defenders in support of Persky, cautions that his removal would \"deter other judges from extending mercy. ... We fear that this shift will disproportionately impact the underprivileged and minorities in our communities and perpetuate mass incarceration.\"\u003c/p>\n\u003cp>Both Persky’s sentencing of Turner and the impassioned reaction to it are extraordinary. The Committee to Recall Judge Persky, which aims to raise $1 million for a political action committee, was founded by Stanford law professor Michele Dauber, a friend of the victim's family, and is getting help from a co-founder of Electing Women Silicon Valley and experienced social media consultants. The committee and the invitation-only women’s group \u003ca href=\"https://www.facebook.com/events/1740782152831754/\">Grlcvlt\u003c/a> already have hosted a star-studded benefit in Brooklyn.\u003c/p>\n\u003cp>Dauber has said that Persky needs to be removed not merely for the sentence he handed down to Turner, but because he \"exhibits a clear pattern of bias against sexual violence and violence against women.\"\u003c/p>\n\u003cp>“We think,” she said, “voters will agree.”\u003c/p>\n\u003cfigure id=\"attachment_11059993\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11059993\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Persky-800x545.jpg\" alt=\"Santa Clara County Judge Aaron Persky faces a recall movement after he sentenced an ex-Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman.\" width=\"800\" height=\"545\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-800x545.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-400x273.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-1180x804.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-960x655.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Santa Clara County Judge Aaron Persky faces a recall movement after he sentenced an ex-Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman. \u003ccite>(Jason Doiy/The Recorder)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California, of course, has a body ready-made to respond to the voters: the Legislature. Before wrapping up their 2016 session this month, for example, lawmakers will decide the fate of a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201520160AB2888\">bill\u003c/a> designed to establish mandatory prison time for sex crimes against victims incapable of giving consent.\u003c/p>\n\u003cp>Nor is the judicial branch immune to political blowback. One indication may be that Persky just \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_30277943/brock-turner-judge-kicks-himself-off-first-sex\">recused\u003c/a> himself from a case in which he had previously indicated his willingness to reduce a plumber’s felony conviction for child pornography possession down to a misdemeanor.\u003c/p>\n\u003cp>And other judges feel a chill as well -- which at least one Santa Clara County public defender suggests is already happening.\u003c/p>\n\u003cp>\"I am really fearful that the recall effort will impact the clients I represent,\" said public defender Sajid Khan. He has not gone before Persky, but says he has already encountered a case in which another county judge offered to remove a strike for a defendant in exchange for a guilty plea -- but rescinded the offer after the Turner case. \"It seemed more than a coincidence,\" he said. “I was left to wonder if his change in course was due to fear of backlash or a subconscious concern about what Judge Persky has to go through.\"\u003c/p>\n\u003cp>In the absence of research on recalls, studies on retention votes -- where judges face a vote to keep their seats -- do show \u003ca href=\"https://www.brennancenter.org/publication/rethinking-judicial-selection-state-courts\">evidence\u003c/a> that judges are more likely to sentence defendants to more prison time and uphold death penalty sentences in election years. One 2012 \u003ca href=\"http://faculty.haas.berkeley.edu/yuchtman/Noam_Yuchtman_files/Berdejo_Yuchtman_April_2012.pd\">study\u003c/a> by researchers at Loyola Law School and UC Berkeley’s Haas School of Business found that judges in Washington state handed down longer sentences for serious crimes at the end of their election cycle.\u003c/p>\n\u003cp>\"The question is, might this be harkening a new emphasis on judicial recall and what does this mean for judges who are hearing cases that are controversial?” said Alicia Bannon, a senior counsel at the Brennan Center for Justice at New York University School of Law, and author of a \u003ca href=\"https://www.brennancenter.org/publication/rethinking-judicial-selection-state-courts\">report\u003c/a> warning of politicized courtrooms. “In the end, judges are often going to make decisions that aren’t popular... The facts are troubling in this particular case, but raise broader questions about the integrity of our court system.\"\u003c/p>\n\u003cp>And judges do feel the pressure. The late California Supreme Court Justice Otto Kaus once likened deciding controversial cases before elections to “finding a crocodile in your bathtub when you go in to shave in the morning. You know it’s there, and you try not to think about it, but it’s hard to think of much else while you’re shaving.\"\u003c/p>\n\u003cp>“We’re only human,” former Iowa Supreme Court Judge Michael Streit told a forum at Drake University a year after he and two other judges were blocked from retention following a decision to legalize same-sex marriage. But regardless of pressure, he said, judges must consciously avoid making decisions based on politics.\u003c/p>\n\u003cp>Still, says Cathal Conneely, a public information officer for the Judicial Council of California, judges are aware of the balancing act they face every day on every case. “It’s assumed that comes with the judicial temperament,” he said, adding that judges -- who come to the bench with at least 10 years of legal experience -- have “robust” guidance, education, supervision and support when needed.\u003c/p>\n\u003cp>[contextly_sidebar id=\"SJo4pZ8HgVpcFIe2ZhULEPQ7BvGsjtkj\"]\u003c/p>\n\u003cp>California is one of only \u003ca href=\"http://www.ncsl.org/research/elections-and-campaigns/recall-of-state-officials.aspx#List_of_States_with_Process\">eight states\u003c/a> to allow voters to remove a judge, and one of even fewer where a judge can be tossed out without having clearly broken the law. The independent California Commission on Judicial Performance investigates complaints of misconduct where judges may have broken the law, which can result in removal or sanctions.\u003c/p>\n\u003cp>The state’s 1,535 Superior Court judges appear on the ballot in a nonpartisan election every six years, facing potential ouster only if an opponent challenges them. Only two recall efforts have worked, in 1913 and 1932.\u003c/p>\n\u003cp>As for appointed California Supreme Court justices, there have been 27 attempts to remove those. Former Chief Justice Rose Bird and Justices Joseph Grodin and Cruz Reynoso were rejected in 1986 by voters angered over their resistance to capital punishment. Supreme Court judges face simple retention votes -- where voters are asked to mark yes or no on their ballots.\u003c/p>\n\u003cp>“California has two things that are relatively unique,” said William Raftery, a senior analyst for the National Center for State Courts. “You have more judges there than just about anywhere in the United States and you do have recall. Just looking broadly in the United States, recall very, very, very rarely happens, whether it’s a governor or a judge.”\u003c/p>\n\u003cp>The last recalled judge was County Judge Arnie Simonson, ousted by Wisconsin voters in 1977 -- after he had commented during a juvenile sex assault hearing that “given the way women dress, rape is a normal reaction.” He sentenced a teen convicted of attacking a 15-year-old girl in a school stairway to a year of home supervision.\u003c/p>\n\u003cp>Recalls are rare primarily because they are expensive and time-consuming. Proponents of recalling Judge Persky must wait until April to begin gathering 80,000 signatures of Santa Clara County voters to guarantee the measure will make the ballot. That means keeping the public engaged until an off-year election in November 2017, and raising money for what will be a long campaign.\u003c/p>\n\u003cp>Often recalls simply sputter out. One case in point was an \u003ca href=\"https://ballotpedia.org/M._Marc_Kelly_recall,_Orange_County_Superior_Court,_California_(2015)\">effort to recall\u003c/a> Orange County Superior Court Judge M. Marc Kelly last year. The judge faced outrage after he sentenced a man convicted of sodomizing a 3-year-old girl to 10 years in prison, the mandatory minimum. Tens of thousands signed a Change.org petition but not enough people added their names to an official petition that would put the recall on the ballot.\u003c/p>\n\u003cp>While supporters of the Persky recall have to work to keep momentum going, they have a responsive public. A Gallup \u003ca href=\"http://www.gallup.com/poll/183593/confidence-institutions-below-historical-norms.aspx\">Poll\u003c/a> last year found a historically low level of confidence in government, with fewer than a third professing faith in the criminal justice system. A recent \u003ca href=\"http://politicaldata.com/wp-content/uploads/2010/06/Sextant-Santa-Clara-Judicial-Recall-Tabs-for-CA120.pdf\">survey\u003c/a> found that two-thirds of voters in Santa Clara County support recalling Persky -- and among younger women, that support was by a 4-to-1 margin.\u003c/p>\n\u003cp>[Judges1]\u003c/p>\n\u003cp>Perhaps the backlash is unsurprising, given that the sentence came amid widespread concern about a reported epidemic of sexual assaults on campuses nationwide. Turner was a student at an elite university, a swimmer with Olympic aspirations caught with an unresponsive woman near a dumpster outside a frat party. The woman, who didn’t remember the assault, suffered vaginal injuries from a foreign object. Turner was prosecuted and convicted of three felonies.\u003c/p>\n\u003cp>The judge handed down the minimum sentence after considering the “severe impact” of a long sentence, the mitigating factor of alcohol, and the fact that Turner will have to register as a sex offender. Statements from Turner’s father, describing his son’s loss of appetite and how his life had been ruined over “20 minutes of action”—which Dauber tweeted out—further inflamed public reaction.\u003c/p>\n\u003cp>The coverage was ubiquitous: Cosmopolitan, the New Yorker and everything in between. The petition on Change.org calling for impeachment — not related to a recall — is still racking up signatures. The recall effort’s website has posted endorsements and stories about sentences Persky has handed down in other sex assault cases, including one where he sentenced a man to less than a week in jail for possession of child abuse images and another for “weekend jail” after being convicted of felony battery in a domestic violence case.\u003c/p>\n\u003cp>Cole, from the University of San Diego, hopes voters understand what’s at stake. The issues—involving mandated minimum sentencing and the need to evaluate each defendant individually—go to the heart of how a judge deliberates and are complex.\u003c/p>\n\u003cp>“These arguments are too cerebral for Facebook,” he said.\u003c/p>\n\u003cp>But there was no Facebook in the few cases where voters decided to recall judges. Why did those succeed?\u003c/p>\n\u003cp>What they shared, according to Stanford history professor Estelle Freedman, was outrage that sparked the attention of women’s groups. The earlier recalls — and the effort building against Persky — occurred amid a backdrop of “perceived lenience toward rape at a time of political mobilization by feminists,” she noted in a New York Times \u003ca href=\"http://www.nytimes.com/2016/06/10/opinion/when-feminists-take-on-judges-over-rape.html?_r=0\">op-ed\u003c/a> headlined “Why Feminists Take on Judges Over Rape”. And in the case against Judge Simonson in Wisconsin, the National Organization for Women organized meetings and “feminist networks in the area led the response.”\u003c/p>\n\u003cp>In 1913, when San Francisco Police Court Judge Charles Weller reduced bail for a man charged with felony assault of a 16-year old girl, women’s clubs took action, as \u003ca href=\"http://cdnc.ucr.edu/cgi-bin/cdnc?a=d&d=SFC19130124.2.78\">reported\u003c/a> at the time by the San Francisco Call. The vice president of the Oceanside Women’s Club, who instigated the recall, said that “no power on earth could prevent the good women of San Francisco from exercising their rights of franchise in so noble a cause,” the paper reported.\u003c/p>\n\u003cp>The Oceanside Women’s Club official and her allies went door to door and collected signatures. “The men have failed to force good government,” she told the Call. “The women will.”\u003c/p>\n\u003cp>\u003cem>CALmatters is a nonprofit journalism venture dedicated to exploring state policy and politics. For more stories, go to calmatters.org\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The reaction has been swift, viral and unrelenting. Shortly after Santa Clara County Judge Aaron Persky sentenced an ex-Stanford University swimmer to only six months in jail for sexually assaulting an unconscious woman, the victim’s emotional 12-page court \u003ca href=\"https://www.buzzfeed.com/katiejmbaker/heres-the-powerful-letter-the-stanford-victim-read-to-her-ra?utm_term=.ktk1JzabGr#.lm1P6OdGb1\">statement\u003c/a> drew 13 million readers online, and a \u003ca href=\"https://www.change.org/p/california-state-house-recall-judge-aaron-persky?source_location=movement\">cyber-petition\u003c/a> demanding the judge’s removal garnered well over a million signatures. \u003c/p>\n\u003cp>By Thursday night, the judge himself had been, at his own request, \u003ca href=\"https://ww2.kqed.org/news/2016/08/26/judge-aaron-persky-brock-turner-case/\" target=\"_blank\">removed from hearing criminal cases altogether\u003c/a>.\u003c/p>\n\u003cp>Despite the judge’s reassignment to civil court, announced in a statement by the county’s presiding judge, a \u003ca href=\"http://www.recallaaronpersky.com/\">recall\u003c/a> movement is moving forward.\u003c/p>\n\u003cp>“He can still transfer back to hearing criminal cases any time he chooses,” said Stanford law professor Michele Dauber, a friend of the victim’s family who is organizing the recall. “Furthermore, judicial bias is just as serious regardless of whether a case is civil or criminal. Many issues affecting women are heard in civil court every day.”\u003c/p>\n\u003cp>Such a recall is rare nationwide, and by design, California’s \u003ca href=\"http://www.sos.ca.gov/elections/recalls/procedure-recalling-state-and-local-officials/\">system\u003c/a> makes it difficult. But amid a constellation of factors, some legal experts believe we could be plunging into a new era in which judges increasingly fear losing their jobs over unpopular decisions -- and that, in turn, may influence how they behave on the bench.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Evidence suggests that judges tend to hand down stiffer sentences shortly before they have to face the voters in retention elections. And although there is little research on the effects of judicial recalls because there have been so few of them, growing mistrust in the justice system and the rise of social media could change that.\u003c/p>\n\u003cp>\"People are less inclined to be deferential to their public institutions than was once the case,\" said Kevin Cole, a professor at University of San Diego School of Law. \"And it’s easier for criticism to spread. Now all you need is an internet connection.\"\u003c/p>\n\u003cp>When California voters initially gave themselves the ability to oust judges by recall in 1911, it was seen as a tool to protect the judiciary from corporate influence. Progressives at the time argued that in a true democracy, judges -- and all elected officials -- should be held accountable to the will of the people. Interestingly, over the past century notable recalls have targeted male judges who were viewed as dismissive of the concerns of women.\u003c/p>\n\u003cp>[Judges2]\u003c/p>\n\u003cp>Today, many legal scholars are warning of dangers inherent in politicizing the courts: 46 California law professors have signed a \u003ca href=\"http://www.therecorder.com/id=1202763810644/46-California-Law-Professors-Letter-Opposes-Persky-Ouster?slreturn=20160716202015\">letter\u003c/a> that, while criticizing Brock Turner’s sentence, warns that a recall poses \"grave collateral damage\" to justice in California.\u003c/p>\n\u003cp>\"Naked political pressure of this kind risks undermining the very foundation of dispassionate, independent judgment upon which all criminal convictions and sentences depend for their legitimacy,\" they wrote. “If disappointed litigants can influence the outcomes of future cases by unseating judges who rule against their interests, the administration of justice quickly falls into the hands of the wealthy, special interest groups, and anyone who wants to launch a political action committee on the heels of media coverage of a controversial case.\"\u003c/p>\n\u003cp>UC Irvine law school dean Erwin Chemerinsky, who joined other law professors in signing the anti-recall letter, \u003ca href=\"http://www.ocregister.com/articles/judge-719460-sentence-judges.html\">wrote\u003c/a> that recall efforts mostly target judges seen as rendering lenient sentences. He has represented defendants given a life sentence for stealing $153 of videotapes and 25 years to life for stealing an umbrella and two bottles of liquor worth $49, but can’t remember a recall ever mounted against a judge for imposing \"an outrageously long sentence.\"\u003c/p>\n\u003cp>Another online \u003ca href=\"https://www.change.org/p/california-commission-on-judicial-performance-a-letter-in-support-of-judge-aaron-persky-and-judicial-discretion\">petition\u003c/a>, this one started by public defenders in support of Persky, cautions that his removal would \"deter other judges from extending mercy. ... We fear that this shift will disproportionately impact the underprivileged and minorities in our communities and perpetuate mass incarceration.\"\u003c/p>\n\u003cp>Both Persky’s sentencing of Turner and the impassioned reaction to it are extraordinary. The Committee to Recall Judge Persky, which aims to raise $1 million for a political action committee, was founded by Stanford law professor Michele Dauber, a friend of the victim's family, and is getting help from a co-founder of Electing Women Silicon Valley and experienced social media consultants. The committee and the invitation-only women’s group \u003ca href=\"https://www.facebook.com/events/1740782152831754/\">Grlcvlt\u003c/a> already have hosted a star-studded benefit in Brooklyn.\u003c/p>\n\u003cp>Dauber has said that Persky needs to be removed not merely for the sentence he handed down to Turner, but because he \"exhibits a clear pattern of bias against sexual violence and violence against women.\"\u003c/p>\n\u003cp>“We think,” she said, “voters will agree.”\u003c/p>\n\u003cfigure id=\"attachment_11059993\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11059993\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/Persky-800x545.jpg\" alt=\"Santa Clara County Judge Aaron Persky faces a recall movement after he sentenced an ex-Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman.\" width=\"800\" height=\"545\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-800x545.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-400x273.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-1180x804.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/Persky-960x655.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Santa Clara County Judge Aaron Persky faces a recall movement after he sentenced an ex-Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman. \u003ccite>(Jason Doiy/The Recorder)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California, of course, has a body ready-made to respond to the voters: the Legislature. Before wrapping up their 2016 session this month, for example, lawmakers will decide the fate of a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201520160AB2888\">bill\u003c/a> designed to establish mandatory prison time for sex crimes against victims incapable of giving consent.\u003c/p>\n\u003cp>Nor is the judicial branch immune to political blowback. One indication may be that Persky just \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_30277943/brock-turner-judge-kicks-himself-off-first-sex\">recused\u003c/a> himself from a case in which he had previously indicated his willingness to reduce a plumber’s felony conviction for child pornography possession down to a misdemeanor.\u003c/p>\n\u003cp>And other judges feel a chill as well -- which at least one Santa Clara County public defender suggests is already happening.\u003c/p>\n\u003cp>\"I am really fearful that the recall effort will impact the clients I represent,\" said public defender Sajid Khan. He has not gone before Persky, but says he has already encountered a case in which another county judge offered to remove a strike for a defendant in exchange for a guilty plea -- but rescinded the offer after the Turner case. \"It seemed more than a coincidence,\" he said. “I was left to wonder if his change in course was due to fear of backlash or a subconscious concern about what Judge Persky has to go through.\"\u003c/p>\n\u003cp>In the absence of research on recalls, studies on retention votes -- where judges face a vote to keep their seats -- do show \u003ca href=\"https://www.brennancenter.org/publication/rethinking-judicial-selection-state-courts\">evidence\u003c/a> that judges are more likely to sentence defendants to more prison time and uphold death penalty sentences in election years. One 2012 \u003ca href=\"http://faculty.haas.berkeley.edu/yuchtman/Noam_Yuchtman_files/Berdejo_Yuchtman_April_2012.pd\">study\u003c/a> by researchers at Loyola Law School and UC Berkeley’s Haas School of Business found that judges in Washington state handed down longer sentences for serious crimes at the end of their election cycle.\u003c/p>\n\u003cp>\"The question is, might this be harkening a new emphasis on judicial recall and what does this mean for judges who are hearing cases that are controversial?” said Alicia Bannon, a senior counsel at the Brennan Center for Justice at New York University School of Law, and author of a \u003ca href=\"https://www.brennancenter.org/publication/rethinking-judicial-selection-state-courts\">report\u003c/a> warning of politicized courtrooms. “In the end, judges are often going to make decisions that aren’t popular... The facts are troubling in this particular case, but raise broader questions about the integrity of our court system.\"\u003c/p>\n\u003cp>And judges do feel the pressure. The late California Supreme Court Justice Otto Kaus once likened deciding controversial cases before elections to “finding a crocodile in your bathtub when you go in to shave in the morning. You know it’s there, and you try not to think about it, but it’s hard to think of much else while you’re shaving.\"\u003c/p>\n\u003cp>“We’re only human,” former Iowa Supreme Court Judge Michael Streit told a forum at Drake University a year after he and two other judges were blocked from retention following a decision to legalize same-sex marriage. But regardless of pressure, he said, judges must consciously avoid making decisions based on politics.\u003c/p>\n\u003cp>Still, says Cathal Conneely, a public information officer for the Judicial Council of California, judges are aware of the balancing act they face every day on every case. “It’s assumed that comes with the judicial temperament,” he said, adding that judges -- who come to the bench with at least 10 years of legal experience -- have “robust” guidance, education, supervision and support when needed.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>California is one of only \u003ca href=\"http://www.ncsl.org/research/elections-and-campaigns/recall-of-state-officials.aspx#List_of_States_with_Process\">eight states\u003c/a> to allow voters to remove a judge, and one of even fewer where a judge can be tossed out without having clearly broken the law. The independent California Commission on Judicial Performance investigates complaints of misconduct where judges may have broken the law, which can result in removal or sanctions.\u003c/p>\n\u003cp>The state’s 1,535 Superior Court judges appear on the ballot in a nonpartisan election every six years, facing potential ouster only if an opponent challenges them. Only two recall efforts have worked, in 1913 and 1932.\u003c/p>\n\u003cp>As for appointed California Supreme Court justices, there have been 27 attempts to remove those. Former Chief Justice Rose Bird and Justices Joseph Grodin and Cruz Reynoso were rejected in 1986 by voters angered over their resistance to capital punishment. Supreme Court judges face simple retention votes -- where voters are asked to mark yes or no on their ballots.\u003c/p>\n\u003cp>“California has two things that are relatively unique,” said William Raftery, a senior analyst for the National Center for State Courts. “You have more judges there than just about anywhere in the United States and you do have recall. Just looking broadly in the United States, recall very, very, very rarely happens, whether it’s a governor or a judge.”\u003c/p>\n\u003cp>The last recalled judge was County Judge Arnie Simonson, ousted by Wisconsin voters in 1977 -- after he had commented during a juvenile sex assault hearing that “given the way women dress, rape is a normal reaction.” He sentenced a teen convicted of attacking a 15-year-old girl in a school stairway to a year of home supervision.\u003c/p>\n\u003cp>Recalls are rare primarily because they are expensive and time-consuming. Proponents of recalling Judge Persky must wait until April to begin gathering 80,000 signatures of Santa Clara County voters to guarantee the measure will make the ballot. That means keeping the public engaged until an off-year election in November 2017, and raising money for what will be a long campaign.\u003c/p>\n\u003cp>Often recalls simply sputter out. One case in point was an \u003ca href=\"https://ballotpedia.org/M._Marc_Kelly_recall,_Orange_County_Superior_Court,_California_(2015)\">effort to recall\u003c/a> Orange County Superior Court Judge M. Marc Kelly last year. The judge faced outrage after he sentenced a man convicted of sodomizing a 3-year-old girl to 10 years in prison, the mandatory minimum. Tens of thousands signed a Change.org petition but not enough people added their names to an official petition that would put the recall on the ballot.\u003c/p>\n\u003cp>While supporters of the Persky recall have to work to keep momentum going, they have a responsive public. A Gallup \u003ca href=\"http://www.gallup.com/poll/183593/confidence-institutions-below-historical-norms.aspx\">Poll\u003c/a> last year found a historically low level of confidence in government, with fewer than a third professing faith in the criminal justice system. A recent \u003ca href=\"http://politicaldata.com/wp-content/uploads/2010/06/Sextant-Santa-Clara-Judicial-Recall-Tabs-for-CA120.pdf\">survey\u003c/a> found that two-thirds of voters in Santa Clara County support recalling Persky -- and among younger women, that support was by a 4-to-1 margin.\u003c/p>\n\u003cp>[Judges1]\u003c/p>\n\u003cp>Perhaps the backlash is unsurprising, given that the sentence came amid widespread concern about a reported epidemic of sexual assaults on campuses nationwide. Turner was a student at an elite university, a swimmer with Olympic aspirations caught with an unresponsive woman near a dumpster outside a frat party. The woman, who didn’t remember the assault, suffered vaginal injuries from a foreign object. Turner was prosecuted and convicted of three felonies.\u003c/p>\n\u003cp>The judge handed down the minimum sentence after considering the “severe impact” of a long sentence, the mitigating factor of alcohol, and the fact that Turner will have to register as a sex offender. Statements from Turner’s father, describing his son’s loss of appetite and how his life had been ruined over “20 minutes of action”—which Dauber tweeted out—further inflamed public reaction.\u003c/p>\n\u003cp>The coverage was ubiquitous: Cosmopolitan, the New Yorker and everything in between. The petition on Change.org calling for impeachment — not related to a recall — is still racking up signatures. The recall effort’s website has posted endorsements and stories about sentences Persky has handed down in other sex assault cases, including one where he sentenced a man to less than a week in jail for possession of child abuse images and another for “weekend jail” after being convicted of felony battery in a domestic violence case.\u003c/p>\n\u003cp>Cole, from the University of San Diego, hopes voters understand what’s at stake. The issues—involving mandated minimum sentencing and the need to evaluate each defendant individually—go to the heart of how a judge deliberates and are complex.\u003c/p>\n\u003cp>“These arguments are too cerebral for Facebook,” he said.\u003c/p>\n\u003cp>But there was no Facebook in the few cases where voters decided to recall judges. Why did those succeed?\u003c/p>\n\u003cp>What they shared, according to Stanford history professor Estelle Freedman, was outrage that sparked the attention of women’s groups. The earlier recalls — and the effort building against Persky — occurred amid a backdrop of “perceived lenience toward rape at a time of political mobilization by feminists,” she noted in a New York Times \u003ca href=\"http://www.nytimes.com/2016/06/10/opinion/when-feminists-take-on-judges-over-rape.html?_r=0\">op-ed\u003c/a> headlined “Why Feminists Take on Judges Over Rape”. And in the case against Judge Simonson in Wisconsin, the National Organization for Women organized meetings and “feminist networks in the area led the response.”\u003c/p>\n\u003cp>In 1913, when San Francisco Police Court Judge Charles Weller reduced bail for a man charged with felony assault of a 16-year old girl, women’s clubs took action, as \u003ca href=\"http://cdnc.ucr.edu/cgi-bin/cdnc?a=d&d=SFC19130124.2.78\">reported\u003c/a> at the time by the San Francisco Call. The vice president of the Oceanside Women’s Club, who instigated the recall, said that “no power on earth could prevent the good women of San Francisco from exercising their rights of franchise in so noble a cause,” the paper reported.\u003c/p>\n\u003cp>The Oceanside Women’s Club official and her allies went door to door and collected signatures. “The men have failed to force good government,” she told the Call. “The women will.”\u003c/p>\n\u003cp>\u003cem>CALmatters is a nonprofit journalism venture dedicated to exploring state policy and politics. For more stories, go to calmatters.org\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cstrong>Proposition 61 – State Prescription Drug Pricing\u003c/strong>\u003cbr>\u003cbr>\nEvery year, the state of California pays billions of dollars for prescription drugs for retired public employees, low-income residents on Medi-Cal and prisoners, among others. Proposition 61 on the November ballot aims to lower spending on those drugs by barring state agencies from paying more than the price negotiated by the U.S. Department of Veterans Affairs. Roger Salazar, spokesman for Yes on Proposition 61, and Kathy Fairbanks, spokeswoman for No on Prop. 61 discuss the measure with Scott Shafer. \u003cbr>\u003cbr> \u003c/p>\n\u003cp>\u003cstrong>California Wildfires\u003c/strong>\u003cbr>\u003c/p>\n\u003cp>Earlier this week, Gov. Jerry Brown declared a state of emergency after a blaze in Southern California prompted evacuation orders for more than 80,000 people and burned at least 100 homes. That blaze ignited while firefighters were still working to contain a wildfire that raced into the town of Lower Lake, 80 miles north of San Francisco, and destroyed nearly 200 homes. Scott Stephens, a professor of fire science at UC Berkeley, explains why wildfires in California may be getting more frequent and destructive. \u003cbr>\u003cbr> \u003c/p>\n\u003cp>\u003cstrong>Josh Levs Interview\u003c/strong>\u003cbr>\u003cbr>\nIn this presidential election year, paid family leave has emerged as a top workplace issue, with proposals ranging from 12 weeks of paid family and medical leave to new tax credits for employers. But the discussion of such policies usually focuses on maternity leave. Josh Levs, author of \u003ci>All In\u003c/i>, makes the case for why paternity leave is essential to helping families and businesses thrive.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Proposition 61 – State Prescription Drug Pricing\u003c/strong>\u003cbr>\u003cbr>\nEvery year, the state of California pays billions of dollars for prescription drugs for retired public employees, low-income residents on Medi-Cal and prisoners, among others. Proposition 61 on the November ballot aims to lower spending on those drugs by barring state agencies from paying more than the price negotiated by the U.S. Department of Veterans Affairs. Roger Salazar, spokesman for Yes on Proposition 61, and Kathy Fairbanks, spokeswoman for No on Prop. 61 discuss the measure with Scott Shafer. \u003cbr>\u003cbr> \u003c/p>\n\u003cp>\u003cstrong>California Wildfires\u003c/strong>\u003cbr>\u003c/p>\n\u003cp>Earlier this week, Gov. Jerry Brown declared a state of emergency after a blaze in Southern California prompted evacuation orders for more than 80,000 people and burned at least 100 homes. That blaze ignited while firefighters were still working to contain a wildfire that raced into the town of Lower Lake, 80 miles north of San Francisco, and destroyed nearly 200 homes. Scott Stephens, a professor of fire science at UC Berkeley, explains why wildfires in California may be getting more frequent and destructive. \u003cbr>\u003cbr> \u003c/p>\n\u003cp>\u003cstrong>Josh Levs Interview\u003c/strong>\u003cbr>\u003cbr>\nIn this presidential election year, paid family leave has emerged as a top workplace issue, with proposals ranging from 12 weeks of paid family and medical leave to new tax credits for employers. But the discussion of such policies usually focuses on maternity leave. Josh Levs, author of \u003ci>All In\u003c/i>, makes the case for why paternity leave is essential to helping families and businesses thrive.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Surveillance Stills From Border Patrol Facilities Show Crowded, Trash-Filled Cells",
"title": "Surveillance Stills From Border Patrol Facilities Show Crowded, Trash-Filled Cells",
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"content": "\u003cp>As part of \u003ca href=\"http://www.americanimmigrationcouncil.org/litigation/challenging-unconstitutional-conditions-cbp-detention-facilities\" target=\"_blank\">a lawsuit\u003c/a> against U.S. Customs and Border Protection, new images from surveillance video have been released to the public that show detained immigrants crowded into cramped concrete holding cells in Arizona.\u003c/p>\n\u003cp>Lawyers arguing on behalf of detained immigrants said the images help prove allegations that the use of the holding cells is unconstitutional, and the Arizona Republic newspaper stepped in to request that the images be released to the public.\u003c/p>\n\u003caside class=\"pullquote alignright\">The Border Patrol did not directly address the photos, but said in a statement that it is 'committed to the safety, security and welfare of those in our custody, especially those who are most vulnerable.'\u003c/aside>\n\u003cp>The U.S. had argued that releasing the images \"would violate privacy rights of migrants and Border Patrol and could raise security concerns,\" the Associated Press writes.\u003c/p>\n\u003cp>The images were \u003ca href=\"http://www.azcentral.com/story/news/politics/border-issues/2016/08/18/first-look-inside-border-patrols-crowded-dirty-holding-cells/88926270/\" target=\"_blank\">released Thursday\u003c/a> on the order of a federal judge. All faces in the stills have been blacked out.\u003c/p>\n\u003cp>The holding cells were designed to be used for temporary holding -- a period of hours. The American Immigration Council \u003ca href=\"https://www.americanimmigrationcouncil.org/sites/default/files/research/detained_beyond_the_limit.pdf\" target=\"_blank\">analyzed Border Patrol data\u003c/a> and concluded that from September 2014 to August 2015, two-thirds of immigrants detained in Border Patrol facilities in the Southwest were held for more than 24 hours, and tens of thousands of people were held for more than three days.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Photos of the cells show people crowded together in concrete cells.\u003c/p>\n\u003cp>Several images show prisoners sitting or sleeping on bare floors with no mats available to them -- even when there are unused mats in empty cells.\u003c/p>\n\u003cfigure id=\"attachment_11055383\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cbp2_custom-27702c72580a493f3c8dde1f61340928ce750235-s800-c85-800x645.jpg\" alt=\"Various surveillance images from August 2015 at a Border Patrol holding facility in Tucson show men crowded into a few cells and lying on concrete with no mats, while other cells are empty and contain unused mats. Plaintiffs in a lawsuit over the use of such holding centers point out water being stored in toilet areas.\" width=\"800\" height=\"645\" class=\"size-medium wp-image-11055383\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp2_custom-27702c72580a493f3c8dde1f61340928ce750235-s800-c85.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp2_custom-27702c72580a493f3c8dde1f61340928ce750235-s800-c85-400x323.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Various surveillance images from August 2015 at a Border Patrol holding facility in Tucson show men crowded into a few cells and lying on concrete with no mats, while other cells are empty and contain unused mats. Plaintiffs in a lawsuit over the use of such holding centers point out water being stored in toilet areas. \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One image shows a woman changing a baby on a concrete floor strewn with trash.\u003c/p>\n\u003cfigure id=\"attachment_11055385\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cpb3_custom-b1e8de64a9ee56d0bbed8e4e946c7215ef7bc607-s800-c85-800x642.jpg\" alt=\"In September 2015, a woman changes a child's diaper on a Mylar sheet in a dirty concrete cell.\" width=\"800\" height=\"642\" class=\"size-medium wp-image-11055385\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb3_custom-b1e8de64a9ee56d0bbed8e4e946c7215ef7bc607-s800-c85.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb3_custom-b1e8de64a9ee56d0bbed8e4e946c7215ef7bc607-s800-c85-400x321.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In September 2015, a woman changes a child's diaper on a Mylar sheet in a dirty concrete cell. \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Many of the pictures show detained immigrants wrapping themselves in shiny Mylar sheets for warmth.\u003c/p>\n\u003cp>As NPR's John Burnett has reported, immigrants call the group holding cells \"la hieleras\" -- the freezers.\u003c/p>\n\u003cp>\"The concrete cells are used by the Border Patrol to house adult and underage immigrants for days or weeks while they're being processed into U.S. immigration courts,\" Burnett explained in 2014. At the time, he was reporting on claims of abusive and inhumane treatment by the Border Patrol in Texas.\u003c/p>\n\u003cfigure id=\"attachment_11055387\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cpb6_custom-ce6886c11202bfdde1a5d4e34a2dec36bb226b1b-s800-c85-800x640.jpg\" alt=\"Men at a Border Patrol facility in Douglas, Arizona, sleep on concrete floors and benches, with several men crowded under one Mylar sheet.\" width=\"800\" height=\"640\" class=\"size-medium wp-image-11055387\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb6_custom-ce6886c11202bfdde1a5d4e34a2dec36bb226b1b-s800-c85.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb6_custom-ce6886c11202bfdde1a5d4e34a2dec36bb226b1b-s800-c85-400x320.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Men at a Border Patrol facility in Douglas, Arizona, sleep on concrete floors and benches, with several men crowded under one Mylar sheet.\u003cbr> \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After being kept in the holding cells, immigrants \"are usually deported or transferred to the custody of U.S. Immigration and Customs Enforcement, which has long-term detention centers,\" the Associated Press reports.\u003c/p>\n\u003cp>Eldon Vail, a former corrections administrator serving as an expert for the plaintiffs, \u003ca href=\"http://www.acluaz.org/sites/default/files/documents/206-2_Vail%20dec.pdf\" target=\"_blank\">said in court documents\u003c/a> that in his opinion the use of the holding cells, as shown in the images, causes unnecessary harm and poses a risk to the people detained.\u003c/p>\n\u003cp>He noted that some of the surveillance stills show people \"crammed so tightly, they look like sardines in a can.\"\u003c/p>\n\u003cfigure id=\"attachment_11055376\" class=\"wp-caption alignnone\" style=\"max-width: 709px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cpb5_custom-be0cf912db8bef593e5f28c00524c6c950479704.jpg\" alt=\"Detained immigrants, wrapped in Mylar sheets, lie crowded together on concrete floors and benches in a cell in Tucson in August 2015.\" width=\"709\" height=\"474\" class=\"size-full wp-image-11055376\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb5_custom-be0cf912db8bef593e5f28c00524c6c950479704.jpg 709w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb5_custom-be0cf912db8bef593e5f28c00524c6c950479704-400x267.jpg 400w\" sizes=\"(max-width: 709px) 100vw, 709px\">\u003cfigcaption class=\"wp-caption-text\">Detained immigrants, wrapped in Mylar sheets, lie crowded together on concrete floors and benches in a cell in Tucson in August 2015. \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Vail also noted the absence of \"even a modicum of privacy\" for detainees using the toilet, located in clear view of the rest of the room.\u003c/p>\n\u003cp>The detainees were being housed in \"conditions that are unnecessarily harsh, dangerous and contrary to accepted industry practices and standards,\" he concluded.\u003c/p>\n\u003cp>The AP reports that the Border Patrol did not directly address the photos, but said in a statement that it is \"committed to the safety, security and welfare of those in our custody, especially those who are most vulnerable.\"\u003c/p>\n\u003cfigure id=\"attachment_11055377\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9-800x597.jpg\" alt=\"At the Border Patrol's Naco detention facility, adults and children sit in a cell with Mylar sheets and no mats\" width=\"800\" height=\"597\" class=\"size-medium wp-image-11055377\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9-800x597.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9-400x298.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9.jpg 914w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At the Border Patrol's Naco detention facility, adults and children sit in a cell with Mylar sheets and no mats \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>As part of \u003ca href=\"http://www.americanimmigrationcouncil.org/litigation/challenging-unconstitutional-conditions-cbp-detention-facilities\" target=\"_blank\">a lawsuit\u003c/a> against U.S. Customs and Border Protection, new images from surveillance video have been released to the public that show detained immigrants crowded into cramped concrete holding cells in Arizona.\u003c/p>\n\u003cp>Lawyers arguing on behalf of detained immigrants said the images help prove allegations that the use of the holding cells is unconstitutional, and the Arizona Republic newspaper stepped in to request that the images be released to the public.\u003c/p>\n\u003caside class=\"pullquote alignright\">The Border Patrol did not directly address the photos, but said in a statement that it is 'committed to the safety, security and welfare of those in our custody, especially those who are most vulnerable.'\u003c/aside>\n\u003cp>The U.S. had argued that releasing the images \"would violate privacy rights of migrants and Border Patrol and could raise security concerns,\" the Associated Press writes.\u003c/p>\n\u003cp>The images were \u003ca href=\"http://www.azcentral.com/story/news/politics/border-issues/2016/08/18/first-look-inside-border-patrols-crowded-dirty-holding-cells/88926270/\" target=\"_blank\">released Thursday\u003c/a> on the order of a federal judge. All faces in the stills have been blacked out.\u003c/p>\n\u003cp>The holding cells were designed to be used for temporary holding -- a period of hours. The American Immigration Council \u003ca href=\"https://www.americanimmigrationcouncil.org/sites/default/files/research/detained_beyond_the_limit.pdf\" target=\"_blank\">analyzed Border Patrol data\u003c/a> and concluded that from September 2014 to August 2015, two-thirds of immigrants detained in Border Patrol facilities in the Southwest were held for more than 24 hours, and tens of thousands of people were held for more than three days.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Photos of the cells show people crowded together in concrete cells.\u003c/p>\n\u003cp>Several images show prisoners sitting or sleeping on bare floors with no mats available to them -- even when there are unused mats in empty cells.\u003c/p>\n\u003cfigure id=\"attachment_11055383\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cbp2_custom-27702c72580a493f3c8dde1f61340928ce750235-s800-c85-800x645.jpg\" alt=\"Various surveillance images from August 2015 at a Border Patrol holding facility in Tucson show men crowded into a few cells and lying on concrete with no mats, while other cells are empty and contain unused mats. Plaintiffs in a lawsuit over the use of such holding centers point out water being stored in toilet areas.\" width=\"800\" height=\"645\" class=\"size-medium wp-image-11055383\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp2_custom-27702c72580a493f3c8dde1f61340928ce750235-s800-c85.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp2_custom-27702c72580a493f3c8dde1f61340928ce750235-s800-c85-400x323.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Various surveillance images from August 2015 at a Border Patrol holding facility in Tucson show men crowded into a few cells and lying on concrete with no mats, while other cells are empty and contain unused mats. Plaintiffs in a lawsuit over the use of such holding centers point out water being stored in toilet areas. \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One image shows a woman changing a baby on a concrete floor strewn with trash.\u003c/p>\n\u003cfigure id=\"attachment_11055385\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cpb3_custom-b1e8de64a9ee56d0bbed8e4e946c7215ef7bc607-s800-c85-800x642.jpg\" alt=\"In September 2015, a woman changes a child's diaper on a Mylar sheet in a dirty concrete cell.\" width=\"800\" height=\"642\" class=\"size-medium wp-image-11055385\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb3_custom-b1e8de64a9ee56d0bbed8e4e946c7215ef7bc607-s800-c85.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb3_custom-b1e8de64a9ee56d0bbed8e4e946c7215ef7bc607-s800-c85-400x321.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In September 2015, a woman changes a child's diaper on a Mylar sheet in a dirty concrete cell. \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Many of the pictures show detained immigrants wrapping themselves in shiny Mylar sheets for warmth.\u003c/p>\n\u003cp>As NPR's John Burnett has reported, immigrants call the group holding cells \"la hieleras\" -- the freezers.\u003c/p>\n\u003cp>\"The concrete cells are used by the Border Patrol to house adult and underage immigrants for days or weeks while they're being processed into U.S. immigration courts,\" Burnett explained in 2014. At the time, he was reporting on claims of abusive and inhumane treatment by the Border Patrol in Texas.\u003c/p>\n\u003cfigure id=\"attachment_11055387\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cpb6_custom-ce6886c11202bfdde1a5d4e34a2dec36bb226b1b-s800-c85-800x640.jpg\" alt=\"Men at a Border Patrol facility in Douglas, Arizona, sleep on concrete floors and benches, with several men crowded under one Mylar sheet.\" width=\"800\" height=\"640\" class=\"size-medium wp-image-11055387\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb6_custom-ce6886c11202bfdde1a5d4e34a2dec36bb226b1b-s800-c85.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb6_custom-ce6886c11202bfdde1a5d4e34a2dec36bb226b1b-s800-c85-400x320.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Men at a Border Patrol facility in Douglas, Arizona, sleep on concrete floors and benches, with several men crowded under one Mylar sheet.\u003cbr> \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After being kept in the holding cells, immigrants \"are usually deported or transferred to the custody of U.S. Immigration and Customs Enforcement, which has long-term detention centers,\" the Associated Press reports.\u003c/p>\n\u003cp>Eldon Vail, a former corrections administrator serving as an expert for the plaintiffs, \u003ca href=\"http://www.acluaz.org/sites/default/files/documents/206-2_Vail%20dec.pdf\" target=\"_blank\">said in court documents\u003c/a> that in his opinion the use of the holding cells, as shown in the images, causes unnecessary harm and poses a risk to the people detained.\u003c/p>\n\u003cp>He noted that some of the surveillance stills show people \"crammed so tightly, they look like sardines in a can.\"\u003c/p>\n\u003cfigure id=\"attachment_11055376\" class=\"wp-caption alignnone\" style=\"max-width: 709px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cpb5_custom-be0cf912db8bef593e5f28c00524c6c950479704.jpg\" alt=\"Detained immigrants, wrapped in Mylar sheets, lie crowded together on concrete floors and benches in a cell in Tucson in August 2015.\" width=\"709\" height=\"474\" class=\"size-full wp-image-11055376\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb5_custom-be0cf912db8bef593e5f28c00524c6c950479704.jpg 709w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cpb5_custom-be0cf912db8bef593e5f28c00524c6c950479704-400x267.jpg 400w\" sizes=\"(max-width: 709px) 100vw, 709px\">\u003cfigcaption class=\"wp-caption-text\">Detained immigrants, wrapped in Mylar sheets, lie crowded together on concrete floors and benches in a cell in Tucson in August 2015. \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Vail also noted the absence of \"even a modicum of privacy\" for detainees using the toilet, located in clear view of the rest of the room.\u003c/p>\n\u003cp>The detainees were being housed in \"conditions that are unnecessarily harsh, dangerous and contrary to accepted industry practices and standards,\" he concluded.\u003c/p>\n\u003cp>The AP reports that the Border Patrol did not directly address the photos, but said in a statement that it is \"committed to the safety, security and welfare of those in our custody, especially those who are most vulnerable.\"\u003c/p>\n\u003cfigure id=\"attachment_11055377\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9-800x597.jpg\" alt=\"At the Border Patrol's Naco detention facility, adults and children sit in a cell with Mylar sheets and no mats\" width=\"800\" height=\"597\" class=\"size-medium wp-image-11055377\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9-800x597.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9-400x298.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/08/cbp7_custom-19b2aafc03163339989b24cb8a842de862b81ca9.jpg 914w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At the Border Patrol's Naco detention facility, adults and children sit in a cell with Mylar sheets and no mats \u003ccite>(CBP/American Immigration Council)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Assembly Acts to End Criminal Charges Against Minors Trafficked in Sex Trade",
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"content": "\u003cp>A bill that would eliminate criminal charges for minors who have been sexually trafficked in California survived a tight vote in the Assembly Thursday.\u003c/p>\n\u003cp>It took three tries before \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1322\" target=\"_blank\" rel=\"noopener\">Senate Bill 1322\u003c/a> gained the 41 votes it needed to advance. The measure prevents children under 18 from being charged with prostitution. But opponents like Sacramento-area Democrat Jim Cooper argued preventing law enforcement from arresting children for the crime could backfire.\u003c/p>\n\u003cp>“Under the current law, law enforcement can arrest, detain, interview these children,” Cooper said. “This process leads to getting them the help they need and protection, and also separates the victims from the human traffickers. SB 1322 will undo all this.”\u003c/p>\n\u003cp>But supporters say these kids are victims, and under the new law would still get services without being classified as criminals. San Diego Democrat Shirley Weber says arresting them isn’t working.\u003c/p>\n\u003cp>“To put them into that environment where they are seen as criminals obviously isn’t the solution either because we’re still faced with it,” she says. “At least give us an opportunity to basically do something different.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The bill now heads back to the Senate for a final vote.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A bill that would eliminate criminal charges for minors who have been sexually trafficked in California survived a tight vote in the Assembly Thursday.\u003c/p>\n\u003cp>It took three tries before \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1322\" target=\"_blank\" rel=\"noopener\">Senate Bill 1322\u003c/a> gained the 41 votes it needed to advance. The measure prevents children under 18 from being charged with prostitution. But opponents like Sacramento-area Democrat Jim Cooper argued preventing law enforcement from arresting children for the crime could backfire.\u003c/p>\n\u003cp>“Under the current law, law enforcement can arrest, detain, interview these children,” Cooper said. “This process leads to getting them the help they need and protection, and also separates the victims from the human traffickers. SB 1322 will undo all this.”\u003c/p>\n\u003cp>But supporters say these kids are victims, and under the new law would still get services without being classified as criminals. San Diego Democrat Shirley Weber says arresting them isn’t working.\u003c/p>\n\u003cp>“To put them into that environment where they are seen as criminals obviously isn’t the solution either because we’re still faced with it,” she says. “At least give us an opportunity to basically do something different.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Federal Judge Denies Proposed Settlement in Uber Class-Action Suit",
"title": "Federal Judge Denies Proposed Settlement in Uber Class-Action Suit",
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"content": "\u003cp>An up-to $100 million proposed settlement to a lawsuit over whether Uber drivers are employees or contractors is not \"fair, adequate, and reasonable,\" the federal judge presiding over the combined, sprawling class-action litigation ordered Thursday.\u003c/p>\n\u003cp>U.S. District Court Judge Edward Chen denied the settlement agreement \u003ca href=\"https://ww2.kqed.org/news/2016/06/02/s-f-judge-to-decide-labor-settlement-for-uber-drivers/\" target=\"_blank\">proposed\u003c/a> by attorneys for the approximately 380,000 drivers represented in the lawsuit. Uber \u003ca href=\"https://newsroom.uber.com/growing-and-growing-up/\" target=\"_blank\">had agreed\u003c/a> to the settlement.\u003c/p>\n\u003cp>\"We’re disappointed in this decision and are taking a look at our options,\" an Uber spokeswoman wrote in an emailed response. \"The settlement, mutually agreed by both sides, was fair and reasonable.\" \u003c/p>\n\u003cp>Chen disagreed, for multiple reasons. He noted that under the settlement's payment scheme, and even after plaintiffs' attorneys agreed to reduce their fee to $10 million, \"the vast majority of class members are slated to receive less than $100 each.\"\u003c/p>\n\u003cp>Boston-based labor attorney Shannon Liss-Riordan \u003ca href=\"http://ww2.kqed.org/news/2016/04/21/uber-growing-up-agrees-to-settle-class-action-lawsuit-with-california-massachusetts-drivers/\" target=\"_blank\">called the proposed settlement\u003c/a> \"historic\" when she announced it in April, and many Uber drivers appeared to agree to support it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I am disappointed the judge did not approve the settlement, but I understand and I have heard him,\" Liss-Riordan wrote in an emailed response. \"We will have to see what happens next.\"\u003c/p>\n\u003cp>Liss-Riordan said Chen agreed with plaintiffs on the majority of objections raised by Uber. Chen noted that numerous Uber drivers continue to criticize the proposed settlement, in and outside his court, and it could potentially impact more than a dozen other lawsuits pending against Uber. The judge noted that just because plaintiffs' attorney agreed with the proposed settlement, that doesn't make it fair.\u003c/p>\n\u003cp>\"[D]eference to the views of counsel must be tempered here where the Settlement Agreement at the eleventh hour folds in new claims and class members at the expense of litigation pending in other courts, while attributing almost no value to those claims, in order to induce Uber to settle,\" Chen wrote.\u003c/p>\n\u003cp>The California lawsuit, filed three years ago and later combined with a similar case in Massachusetts, alleged that Uber drivers act as employees and are thus entitled to protections under state labor law. Those include reimbursing employees for expenses, such as gas and wear on their personal vehicle. Drivers may also be entitled to a larger share of tips than they were paid for after Uber advertised that gratuity was included in fares.\u003c/p>\n\u003cp>The proposed settlement included non-monetary concessions from Uber, including a clarification of its tipping policy, but Chen appears unconvinced that the change would result in more money for drivers.\u003c/p>\n\u003cp>\"While Uber has agreed to 'clarify' its tipping policy to make clear that tips are not included in the fare, it has also actively discouraged tipping, arguing that it is inconsistent with its business model, drivers' interests, and a positive rider experience,\" Chen wrote. \"In other words, Uber may be permitting tipping, but it is also telling riders not to tip, further decreasing the amount of tips that riders are likely to give.\"\u003c/p>\n\u003cp>That alleged unfairness aside, Chen noted substantial risks to both drivers and the company in pursuing the case to trial, and wrote that \"while at the low end of reasonable recovery, the Court would be inclined ... to find the consideration afforded by the settlement to be adequate,\" were it not for a release of claims filed under California's Private Attorneys General Act.\u003c/p>\n\u003cp>The law allows civil actions, like the class-action suit against Uber, to help enforce laws on behalf of the state. Plaintiffs and the state Labor and Workforce Development Agency both estimated the value of claims brought under that law at over $1 billion. Just $1 million of the proposed settlement was slated to address claims brought under the law.\u003c/p>\n\u003cp>\"This $1 billion amount makes up more than half of the total verdict value of the case. Plaintiffs propose settling the PAGA claim for 0.1% of its estimated full worth,\" Chen wrote. \"Given the sweeping consequences of the proposed PAGA waiver, viewed in the context of a relatively modest settlement of the non-PAGA claims, the Settlement Agreement is not as a whole is fair, adequate and reasonable.\"\u003c/p>\n\u003cp>Liss-Riordan said that it's routine in California for claims under the Private Attorneys General Act \"to be settled for a small fraction of their theoretical value, but here the court decided not to approve the settlement largely because of that reduction.\"\u003c/p>\n\u003cp>\"It is possible the parties could reach a revised agreement that satisfies the court’s concerns regarding the PAGA claims,\" she wrote. \"But if not, as I’ve said before, I will take the case to trial.\"\u003c/p>\n\u003cp>She said if a new settlement can't be reached, it's likely that the class would be reduced from about 380,000 to about 8,000 drivers, and the remaining ones would need to levy individual claims.\u003c/p>\n\u003cp>\"We are prepared to start bringing these claims individually, and more than 1,000 drivers in California have already signed up with us to bring individual claims in arbitration if that becomes necessary,\" Liss-Riordan wrote. \"So other drivers who want to be included would need to contact us.\"\u003c/p>\n\u003cp>Read Chen's order below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[scribd id=321629085 key=key-04Ak0pBVlIMgIHC2EKEc mode=scroll]\u003c/p>\n\n",
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"excerpt": "Northern California U.S. District Judge Edward Chen rules proposed $100 million settlement is 'not fair, adequate, reasonable.'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>An up-to $100 million proposed settlement to a lawsuit over whether Uber drivers are employees or contractors is not \"fair, adequate, and reasonable,\" the federal judge presiding over the combined, sprawling class-action litigation ordered Thursday.\u003c/p>\n\u003cp>U.S. District Court Judge Edward Chen denied the settlement agreement \u003ca href=\"https://ww2.kqed.org/news/2016/06/02/s-f-judge-to-decide-labor-settlement-for-uber-drivers/\" target=\"_blank\">proposed\u003c/a> by attorneys for the approximately 380,000 drivers represented in the lawsuit. Uber \u003ca href=\"https://newsroom.uber.com/growing-and-growing-up/\" target=\"_blank\">had agreed\u003c/a> to the settlement.\u003c/p>\n\u003cp>\"We’re disappointed in this decision and are taking a look at our options,\" an Uber spokeswoman wrote in an emailed response. \"The settlement, mutually agreed by both sides, was fair and reasonable.\" \u003c/p>\n\u003cp>Chen disagreed, for multiple reasons. He noted that under the settlement's payment scheme, and even after plaintiffs' attorneys agreed to reduce their fee to $10 million, \"the vast majority of class members are slated to receive less than $100 each.\"\u003c/p>\n\u003cp>Boston-based labor attorney Shannon Liss-Riordan \u003ca href=\"http://ww2.kqed.org/news/2016/04/21/uber-growing-up-agrees-to-settle-class-action-lawsuit-with-california-massachusetts-drivers/\" target=\"_blank\">called the proposed settlement\u003c/a> \"historic\" when she announced it in April, and many Uber drivers appeared to agree to support it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I am disappointed the judge did not approve the settlement, but I understand and I have heard him,\" Liss-Riordan wrote in an emailed response. \"We will have to see what happens next.\"\u003c/p>\n\u003cp>Liss-Riordan said Chen agreed with plaintiffs on the majority of objections raised by Uber. Chen noted that numerous Uber drivers continue to criticize the proposed settlement, in and outside his court, and it could potentially impact more than a dozen other lawsuits pending against Uber. The judge noted that just because plaintiffs' attorney agreed with the proposed settlement, that doesn't make it fair.\u003c/p>\n\u003cp>\"[D]eference to the views of counsel must be tempered here where the Settlement Agreement at the eleventh hour folds in new claims and class members at the expense of litigation pending in other courts, while attributing almost no value to those claims, in order to induce Uber to settle,\" Chen wrote.\u003c/p>\n\u003cp>The California lawsuit, filed three years ago and later combined with a similar case in Massachusetts, alleged that Uber drivers act as employees and are thus entitled to protections under state labor law. Those include reimbursing employees for expenses, such as gas and wear on their personal vehicle. Drivers may also be entitled to a larger share of tips than they were paid for after Uber advertised that gratuity was included in fares.\u003c/p>\n\u003cp>The proposed settlement included non-monetary concessions from Uber, including a clarification of its tipping policy, but Chen appears unconvinced that the change would result in more money for drivers.\u003c/p>\n\u003cp>\"While Uber has agreed to 'clarify' its tipping policy to make clear that tips are not included in the fare, it has also actively discouraged tipping, arguing that it is inconsistent with its business model, drivers' interests, and a positive rider experience,\" Chen wrote. \"In other words, Uber may be permitting tipping, but it is also telling riders not to tip, further decreasing the amount of tips that riders are likely to give.\"\u003c/p>\n\u003cp>That alleged unfairness aside, Chen noted substantial risks to both drivers and the company in pursuing the case to trial, and wrote that \"while at the low end of reasonable recovery, the Court would be inclined ... to find the consideration afforded by the settlement to be adequate,\" were it not for a release of claims filed under California's Private Attorneys General Act.\u003c/p>\n\u003cp>The law allows civil actions, like the class-action suit against Uber, to help enforce laws on behalf of the state. Plaintiffs and the state Labor and Workforce Development Agency both estimated the value of claims brought under that law at over $1 billion. Just $1 million of the proposed settlement was slated to address claims brought under the law.\u003c/p>\n\u003cp>\"This $1 billion amount makes up more than half of the total verdict value of the case. Plaintiffs propose settling the PAGA claim for 0.1% of its estimated full worth,\" Chen wrote. \"Given the sweeping consequences of the proposed PAGA waiver, viewed in the context of a relatively modest settlement of the non-PAGA claims, the Settlement Agreement is not as a whole is fair, adequate and reasonable.\"\u003c/p>\n\u003cp>Liss-Riordan said that it's routine in California for claims under the Private Attorneys General Act \"to be settled for a small fraction of their theoretical value, but here the court decided not to approve the settlement largely because of that reduction.\"\u003c/p>\n\u003cp>\"It is possible the parties could reach a revised agreement that satisfies the court’s concerns regarding the PAGA claims,\" she wrote. \"But if not, as I’ve said before, I will take the case to trial.\"\u003c/p>\n\u003cp>She said if a new settlement can't be reached, it's likely that the class would be reduced from about 380,000 to about 8,000 drivers, and the remaining ones would need to levy individual claims.\u003c/p>\n\u003cp>\"We are prepared to start bringing these claims individually, and more than 1,000 drivers in California have already signed up with us to bring individual claims in arbitration if that becomes necessary,\" Liss-Riordan wrote. \"So other drivers who want to be included would need to contact us.\"\u003c/p>\n\u003cp>Read Chen's order below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/321629085/content?start_page=1&view_mode=&access_key=key-04Ak0pBVlIMgIHC2EKEc\"\n title=\"http://www.scribd.com/doc/321629085\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_321629085\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/321629085\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"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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"marketplace": {
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"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.",
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"mindshift": {
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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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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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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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},
"perspectives": {
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"order": 14
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"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",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"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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},
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