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"bio": "Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.",
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"disqusTitle": "Bay Area Reacts to the Same-Sex Marriage Supreme Court Decision",
"title": "Bay Area Reacts to the Same-Sex Marriage Supreme Court Decision",
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"content": "\u003cp>Starting at 7 a.m. thousands of people poured out into the streets to celebrate -- and some to protest -- the Supreme Court's decision to overturn same-sex marriage bans on Friday.\u003c/p>\n\u003cfigure id=\"attachment_10578909\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15858_7-qut1.jpg\">\u003cimg class=\"size-medium wp-image-10578909\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15858_7-qut1-800x533.jpg\" alt=\"The Trans March began in Dolores Park.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Trans March began in Dolores Park. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hundreds of people walked from Dolores Park at San Francisco's Trans March.\u003c/p>\n\u003cfigure id=\"attachment_10578910\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15857_8-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578910\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15857_8-qut-800x533.jpg\" alt=\"Three children march with their mother.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Three children march with their mother. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sabina, Amia and Nevavah shout during the Trans March. Their mom says that transgender equality is an important issue in their family.\u003c/p>\n\u003cfigure id=\"attachment_10578964\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15864_5-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578964\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15864_5-qut-800x533.jpg\" alt=\"The party continues after the Trans March.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The party continues after the Trans March. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A group takes a cable car downtown after the Trans March.\u003c/p>\n\u003cp>17th and Market was electric as the crowd began to swell for the night's festivities.\u003c/p>\n\u003cfigure id=\"attachment_10578845\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6865.jpg\">\u003cimg class=\"wp-image-10578845 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6865-800x533.jpg\" alt=\"Tourists joined locals in celebrating the Supreme Court's decision (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Tourists joined locals in celebrating the Supreme Court's decision. From left: Gina DeNoble, Jennifer Bunnell, Rachel Cortes, and Matthew Taylor (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"We're on a gay road trip through California. We just came out of Yosemite with no cell reception and were like woah, marriage equality! We were looking at bears yesterday. This is awesome!\" -- \u003cstrong>Matthew Taylor (far right), from Australia\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578851\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6944.jpg\">\u003cimg class=\"wp-image-10578851 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6944-800x533.jpg\" alt=\"Walter Gaylor had an ecstatic message for everyone within earshot (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Walter Gaylor had an ecstatic message for everyone within earshot (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"Love, peace, happiness, joy, multiple organisms, and equality! For all 50 states, and all of humanity!\" \u003cstrong>– Walter Gaylord\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578853\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6922.jpg\">\u003cimg class=\"wp-image-10578853 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6922-800x533.jpg\" alt=\"These two friends are visiting from San Diego (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">These two friends are visiting from San Diego (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"It's about damn time, America! But I'm afraid this will make hateful people worse. I'm worried you will see more protesters than usual at the pride parade. \u003cstrong>-- Maurice Egan (right) and Marco Bullock from San Diego\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578859\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6915.jpg\">\u003cimg class=\"wp-image-10578859 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6915-800x533.jpg\" alt=\"Lisa Cacari Stone and Roberta Duran are visiting from New Mexico (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Lisa Cacari Stone and Roberta Duran are visiting from New Mexico (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"We're part of the Sandoval 64 -- we were married in 2004 when our county clerk issued marriage licenses for a short time. We were in limbo until last winter. I can't believe we're seeing this in our lifetime. But it's a sweet sorrow today because with the funeral in Charleston -- we're still killing people if you're visibly gay or black.\" \u003cstrong>-- Lisa Cacari Stone (left) and partner of 20 years Roberta Duran, from New Mexico.\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Kate Kendell, who leads the National Center for Lesbian Rights, has been at the forefront of this political and legal movement. She spoke to KQED's Tara Siler, \"I want to harness this momentum. Economic inequality still festers, racism is still corrosive and in so many places in this country. LGBT people are in every community and we are impacted by inequality.\"\u003cbr>\n[soundcloud url=\"https://api.soundcloud.com/tracks/212158991\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cfigure id=\"attachment_10578855\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6888.jpg\">\u003cimg class=\"wp-image-10578855 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6888-800x1200.jpg\" alt=\"Some Castro dignitaries joined the celebration (Jeremy Raff/KQED).\" width=\"800\" height=\"1200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Some Castro dignitaries joined the celebration (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>I'm the creator of the rainbow flag-- Google it! \u003cstrong>-- Gilbert Baker\u003c/strong>\u003c/p>\n\u003cp>“I began the day by weeping,” Cleve Jones, AIDS activist and former adviser to Harvey Milk, \u003ca href=\"http://ww2.kqed.org/news/2015/06/26/cleve-jones-marriage-equality-is-an-extraordinary-victory-for-everybody\" target=\"_blank\">told KQED's Tara Siler\u003c/a>. \"I got up at 7:02 a.m. and turned on the computer and totally lost it. I’m 60 years old and I did not think I would live to see this day. I’m so very grateful to be alive, but I also remember all of my wonderful friends and comrades who didn’t live long enough to see this day. So they’re very much with me and my thoughts, and they’ll be with us tonight as we party and dance on Castro Street.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/212155511\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>-- Earlier --\u003c/p>\n\u003cp>Hundreds gathered outside San Francisco's City Hall Friday morning after \u003ca href=\"http://ww2.kqed.org/news/2015/06/26/supreme-court-same-sex-marriage\" target=\"_blank\">the U.S. Supreme Court struck down bans\u003c/a> on same-sex marriage nationally.\u003c/p>\n\u003cfigure id=\"attachment_10578256\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/presser-pan.jpg\">\u003cimg class=\"size-medium wp-image-10578256\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/presser-pan-800x293.jpg\" alt=\"Elected officials spoke at a press conference outside San Francisco City Hall.\" width=\"800\" height=\"293\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-800x293.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-400x146.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-1440x527.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-1180x432.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-960x351.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan.jpg 1640w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Elected officials spoke at a press conference outside San Francisco City Hall. \u003ccite>(Nicole Reinert/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"What a wonderful day,\" said San Francisco City Attorney Dennis Herrera. Reflecting on \"where we were 11 years ago, and the challenges we knew we were going to face,\" Herrera said, \"We've had a lot of ups, we've had some downs. But all of us collectively never ever wavered in doing what was right.\"\u003c/p>\n\u003cp>Herrera added that he believes there is more work to be done to end discriminatory practices against same-sex couples. \"This is another brick in the wall of equality,\" he said. \"But there is still discrimination we have to fight.\"\u003c/p>\n\u003cfigure id=\"attachment_10578379\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3432-e1435347100202.jpg\">\u003cimg class=\"wp-image-10578379 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3432-e1435347100202-800x1200.jpg\" alt=\"“Today, San Francisco’s values become America’s values,” said State Senator Mark Leno (Jeremy Raff/KQED).\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-1440x2160.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-960x1440.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">“Today, San Francisco’s values become America’s values,” said state Sen. Mark Leno. (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>State Sen. Mark Leno hailed the U.S. Supreme Court decision as a milestone, saying, \"Today, San Francisco's values become America's values.\"\u003c/p>\n\u003cp>Yet he echoed the sentiment that there is more to be done. \"How can you get married this morning and get fired this afternoon, because of the gender of your spouse?\" he asked.\u003c/p>\n\u003cp>\"Time and time again, this community has said, 'Hell no, we're not going anywhere,' \" said Supervisor Scott Wiener. \"Today we win again. It's a giant step forward, but our work isn't done.\"\u003c/p>\n\u003cp>Supervisor David Campos linked the battle for marriage equality to broader social justice issues. \"Forty percent of our homeless are queer,\" he said. \"It's not just legal equality, but socioeconomic equality for everyone in the community.\"\u003c/p>\n\u003cfigure id=\"attachment_10578382\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3494.jpg\">\u003cimg class=\"wp-image-10578382 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3494-800x533.jpg\" alt=\"Lt. Gov. Gavin Newsom, standing in front of City Hall Friday, was mayor in 2004 when he ordered the San Francisco county clerk to issue same-sex marriage licenses, which was against state law (Jeremy Raff/KQED).\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Lt. Gov. Gavin Newsom, standing in front of City Hall Friday, was mayor in 2004 when he ordered the San Francisco county clerk to issue same-sex marriage licenses, which was against state law (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"Today is the antidote to cynicism,\" said Lt. Gov. Gavin Newsom, former mayor of San Francisco.\u003c/p>\n\u003cp>\"Had it not been for all of you and millions and millions of conversations that were held and won, there would be no Supreme Court decision like the one held today.\"\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee praised the decision. “Never have we been more committed, and more united, as a city and a nation, behind marriage equality in our country,\" he said.\u003c/p>\n\u003cp>Meanwhile, same-sex couples were up early to celebrate.\u003c/p>\n\u003cfigure id=\"attachment_10578190\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15780_image1-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578190\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15780_image1-qut-800x600.jpg\" alt=\"San Francisco City Hall\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut.jpg 1632w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Hall \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"They're vintage shirts, from 2004. In 2000, at our first marriage, the minister refused to sign any marriage licenses, gay or straight, until we could all get married. (It was) at the Unitarian Church on Franklin where we first met. We've been together 35 years. Over time you become less of just one person and more of a couple. And the communication develops.\" \u003cstrong> -- Don Williams (left) and David Jones\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578321\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15785_IMG_1508.jpeg\">\u003cimg class=\"size-medium wp-image-10578321\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15785_IMG_1508-800x600.jpeg\" alt=\"Beatrice and Jennifer Deavers were spotted waiting outside Orphan Andy's restaurant, with their 1-year-old daughter. \" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508.jpeg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Beatrice and Jennifer Deavers were spotted waiting outside Orphan Andy's restaurant, with their 1-year-old daughter. \u003ccite>(Bryan Goebel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"\u003cspan class=\"s1\">It's eight years living in the closet, it's having to deliver in D.C. because I couldn't be in Virginia because we couldn't both be on the birth certificate of my daughter. A lot of shackles have been opened up and released today, you know? I now will never, ever doubt whether or not I should hold my wife's hand when I walk down the sidewalk in any street, across this nation. It's a big deal, it's a big deal. I don't think I've actually processed everything that's been happening just in the last few hours when this got released. I'm thankful to those little interns that were running back and forth across the marble steps of the Supreme Court to deliver this news. They have no idea what they've probably just did for all of us, so it was great. \" \u003cstrong>-- Jennifer Deavers with wife Beatrice\u003c/strong>\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_10578189\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15778_image1-e1435336525105.jpeg\">\u003cimg class=\"size-medium wp-image-10578189\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-800x1067.jpeg\" alt=\"San Francisco City Hall\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-400x533.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-1180x1573.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-960x1280.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105.jpeg 1224w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Hall \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I work a few blocks from here at at St. Anthony's. I mean, I knew this would happen, but once it becomes reality, I just have chills. I've been dating someone for five months. The conversation about the future changes. And he's my strongest relationship so far, so for this to happen in the country at large, it just feels really personal.\" --\u003cstrong> Karl Robillard\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578396\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Omotalade.jpg\">\u003cimg class=\"size-medium wp-image-10578396\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Omotalade-800x1200.jpg\" alt=\""It's amazing," said Jackie Omotalade, who lives in the Mission District (Jeremy Raff/KQED).\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-1440x2160.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-960x1440.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">\"It's amazing,\" said Jackie Omotalade, who lives in the Mission District. (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"I can go get married in Alabama now. It's just amazing to think about. I never thought I'd be able to do that in a true red state.\" \u003cstrong>- Jackie Omotalade\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578391\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Varella-big_2.jpg\">\u003cimg class=\"size-medium wp-image-10578391\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Varella-big_2-800x394.jpg\" alt=\"Gary Mendleson and David Varela have been together four years. When they heard the news this morning, they got engaged (Jeremy Raff/KQED).\" width=\"800\" height=\"394\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-800x394.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-400x197.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-1440x710.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-1180x582.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-960x473.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2.jpg 1826w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Gary Mendleson and David Varela have been together four years. When they heard the news this morning, they got engaged. (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"I'm Gary Mendleson, soon to be Mendleson-Varela. Or the other way around, we haven't decided. We just got engaged this morning after it was announced!\" \u003cstrong>- Gary Mendleson, right\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578462\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Alex-Morrison.jpeg\">\u003cimg class=\"size-medium wp-image-10578462\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Alex-Morrison-800x600.jpeg\" alt=\"Alex Morrison from Berkeley is thrilled, but says there is more work to be done (Jeremy Raff/KQED).\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison.jpeg 1632w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alex Morrison from Berkeley is thrilled, but says there is more work to be done (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"We've got to work on the racism and homophobia in this country. There are going to be hate crimes in other places in reaction to this. We're insulated in the Bay Area.\" -- \u003cstrong>Alex Morrison \u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578630\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SSMprotesters.JPG-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578630\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-800x531.jpg\" alt=\"Protesters in Berkeley wave a sign opposing same-sex marriage.\" width=\"800\" height=\"531\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-800x531.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-1440x956.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-960x638.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters in Berkeley wave a sign opposing same-sex marriage. \u003ccite>(Alan Toth/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But not everyone was excited about the decision. Protesters were spotted standing on the Berkeley pedestrian bridge over Interstate 80, waving signs opposing same-sex marriage.\u003c/p>\n\u003cp>KQED also caught up with Californians in Washington, D.C., who went to the Supreme Court after the ruling.\u003c/p>\n\u003cfigure id=\"attachment_10578455\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/15819_transform.jpg\">\u003cimg class=\"size-medium wp-image-10578455\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/15819_transform-800x903.jpg\" alt=\"Nick Neese attends UC Santa Cruz.\" width=\"800\" height=\"903\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-800x903.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-400x451.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-1440x1625.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-1180x1331.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-960x1083.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nick Neese attends UC Santa Cruz. \u003ccite>(Rachael Bale/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I was really nervous because if they kept the ban I wouldn't be able to get married, so it was really crucial that this was going to happen. My roommate actually sent me a text that said 'marriage is happening.' I got really excited and then I just stared at my screen to be sure it was true. And then I left work. I told everyone I was leaving and I rushed over here, and I still can't even believe it happened. I'm still in a little bit of a shock, I haven't gotten my full cry on, but I will later.\" \u003cstrong>-- Nick Neese from Santa Cruz\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578456\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664.jpg\">\u003cimg class=\"size-medium wp-image-10578456\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-800x1067.jpg\" alt=\"Ashelen Vicuña from Stockton at the U.S. Supreme Court.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-400x533.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-1180x1573.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-960x1280.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ashelen Vicuña from Stockton at the U.S. Supreme Court. \u003ccite>(Rachael Bale/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I'm here supporting a great ruling that should have been passed years and years ago and we still have a long way to go, especially with LGBTQ, but at least it's a good step forward. The 5-4 is a little discouraging, I wish it was more but we'll take what we can get and hope that we can continue fighting for even more equality broadening.\" -- \u003cstrong>Ashelen Vicuña from Stockton\u003c/strong>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Jeremy Raff, Deborah Svoboda, Bryan Goebel, Nicole Reinert and Rachael Bale contributed to this report. Felix Berzabal shot video.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Starting at 7 a.m. thousands of people poured out into the streets to celebrate -- and some to protest -- the Supreme Court's decision to overturn same-sex marriage bans on Friday.\u003c/p>\n\u003cfigure id=\"attachment_10578909\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15858_7-qut1.jpg\">\u003cimg class=\"size-medium wp-image-10578909\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15858_7-qut1-800x533.jpg\" alt=\"The Trans March began in Dolores Park.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15858_7-qut1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Trans March began in Dolores Park. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hundreds of people walked from Dolores Park at San Francisco's Trans March.\u003c/p>\n\u003cfigure id=\"attachment_10578910\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15857_8-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578910\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15857_8-qut-800x533.jpg\" alt=\"Three children march with their mother.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15857_8-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Three children march with their mother. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sabina, Amia and Nevavah shout during the Trans March. Their mom says that transgender equality is an important issue in their family.\u003c/p>\n\u003cfigure id=\"attachment_10578964\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15864_5-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578964\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15864_5-qut-800x533.jpg\" alt=\"The party continues after the Trans March.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15864_5-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The party continues after the Trans March. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A group takes a cable car downtown after the Trans March.\u003c/p>\n\u003cp>17th and Market was electric as the crowd began to swell for the night's festivities.\u003c/p>\n\u003cfigure id=\"attachment_10578845\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6865.jpg\">\u003cimg class=\"wp-image-10578845 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6865-800x533.jpg\" alt=\"Tourists joined locals in celebrating the Supreme Court's decision (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Tourists joined locals in celebrating the Supreme Court's decision. From left: Gina DeNoble, Jennifer Bunnell, Rachel Cortes, and Matthew Taylor (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"We're on a gay road trip through California. We just came out of Yosemite with no cell reception and were like woah, marriage equality! We were looking at bears yesterday. This is awesome!\" -- \u003cstrong>Matthew Taylor (far right), from Australia\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578851\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6944.jpg\">\u003cimg class=\"wp-image-10578851 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6944-800x533.jpg\" alt=\"Walter Gaylor had an ecstatic message for everyone within earshot (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Walter Gaylor had an ecstatic message for everyone within earshot (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"Love, peace, happiness, joy, multiple organisms, and equality! For all 50 states, and all of humanity!\" \u003cstrong>– Walter Gaylord\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578853\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6922.jpg\">\u003cimg class=\"wp-image-10578853 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6922-800x533.jpg\" alt=\"These two friends are visiting from San Diego (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">These two friends are visiting from San Diego (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"It's about damn time, America! But I'm afraid this will make hateful people worse. I'm worried you will see more protesters than usual at the pride parade. \u003cstrong>-- Maurice Egan (right) and Marco Bullock from San Diego\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578859\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6915.jpg\">\u003cimg class=\"wp-image-10578859 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6915-800x533.jpg\" alt=\"Lisa Cacari Stone and Roberta Duran are visiting from New Mexico (Jeremy Raff/KQED).\" width=\"800\" height=\"533\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Lisa Cacari Stone and Roberta Duran are visiting from New Mexico (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"We're part of the Sandoval 64 -- we were married in 2004 when our county clerk issued marriage licenses for a short time. We were in limbo until last winter. I can't believe we're seeing this in our lifetime. But it's a sweet sorrow today because with the funeral in Charleston -- we're still killing people if you're visibly gay or black.\" \u003cstrong>-- Lisa Cacari Stone (left) and partner of 20 years Roberta Duran, from New Mexico.\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Kate Kendell, who leads the National Center for Lesbian Rights, has been at the forefront of this political and legal movement. She spoke to KQED's Tara Siler, \"I want to harness this momentum. Economic inequality still festers, racism is still corrosive and in so many places in this country. LGBT people are in every community and we are impacted by inequality.\"\u003cbr>\n\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/212158991&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/212158991'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cfigure id=\"attachment_10578855\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6888.jpg\">\u003cimg class=\"wp-image-10578855 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_6888-800x1200.jpg\" alt=\"Some Castro dignitaries joined the celebration (Jeremy Raff/KQED).\" width=\"800\" height=\"1200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Some Castro dignitaries joined the celebration (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>I'm the creator of the rainbow flag-- Google it! \u003cstrong>-- Gilbert Baker\u003c/strong>\u003c/p>\n\u003cp>“I began the day by weeping,” Cleve Jones, AIDS activist and former adviser to Harvey Milk, \u003ca href=\"http://ww2.kqed.org/news/2015/06/26/cleve-jones-marriage-equality-is-an-extraordinary-victory-for-everybody\" target=\"_blank\">told KQED's Tara Siler\u003c/a>. \"I got up at 7:02 a.m. and turned on the computer and totally lost it. I’m 60 years old and I did not think I would live to see this day. I’m so very grateful to be alive, but I also remember all of my wonderful friends and comrades who didn’t live long enough to see this day. So they’re very much with me and my thoughts, and they’ll be with us tonight as we party and dance on Castro Street.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/212155511&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/212155511'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>-- Earlier --\u003c/p>\n\u003cp>Hundreds gathered outside San Francisco's City Hall Friday morning after \u003ca href=\"http://ww2.kqed.org/news/2015/06/26/supreme-court-same-sex-marriage\" target=\"_blank\">the U.S. Supreme Court struck down bans\u003c/a> on same-sex marriage nationally.\u003c/p>\n\u003cfigure id=\"attachment_10578256\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/presser-pan.jpg\">\u003cimg class=\"size-medium wp-image-10578256\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/presser-pan-800x293.jpg\" alt=\"Elected officials spoke at a press conference outside San Francisco City Hall.\" width=\"800\" height=\"293\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-800x293.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-400x146.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-1440x527.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-1180x432.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan-960x351.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/presser-pan.jpg 1640w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Elected officials spoke at a press conference outside San Francisco City Hall. \u003ccite>(Nicole Reinert/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"What a wonderful day,\" said San Francisco City Attorney Dennis Herrera. Reflecting on \"where we were 11 years ago, and the challenges we knew we were going to face,\" Herrera said, \"We've had a lot of ups, we've had some downs. But all of us collectively never ever wavered in doing what was right.\"\u003c/p>\n\u003cp>Herrera added that he believes there is more work to be done to end discriminatory practices against same-sex couples. \"This is another brick in the wall of equality,\" he said. \"But there is still discrimination we have to fight.\"\u003c/p>\n\u003cfigure id=\"attachment_10578379\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3432-e1435347100202.jpg\">\u003cimg class=\"wp-image-10578379 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3432-e1435347100202-800x1200.jpg\" alt=\"“Today, San Francisco’s values become America’s values,” said State Senator Mark Leno (Jeremy Raff/KQED).\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-1440x2160.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3432-e1435347100202-960x1440.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">“Today, San Francisco’s values become America’s values,” said state Sen. Mark Leno. (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>State Sen. Mark Leno hailed the U.S. Supreme Court decision as a milestone, saying, \"Today, San Francisco's values become America's values.\"\u003c/p>\n\u003cp>Yet he echoed the sentiment that there is more to be done. \"How can you get married this morning and get fired this afternoon, because of the gender of your spouse?\" he asked.\u003c/p>\n\u003cp>\"Time and time again, this community has said, 'Hell no, we're not going anywhere,' \" said Supervisor Scott Wiener. \"Today we win again. It's a giant step forward, but our work isn't done.\"\u003c/p>\n\u003cp>Supervisor David Campos linked the battle for marriage equality to broader social justice issues. \"Forty percent of our homeless are queer,\" he said. \"It's not just legal equality, but socioeconomic equality for everyone in the community.\"\u003c/p>\n\u003cfigure id=\"attachment_10578382\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3494.jpg\">\u003cimg class=\"wp-image-10578382 size-medium\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/IMG_3494-800x533.jpg\" alt=\"Lt. Gov. Gavin Newsom, standing in front of City Hall Friday, was mayor in 2004 when he ordered the San Francisco county clerk to issue same-sex marriage licenses, which was against state law (Jeremy Raff/KQED).\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-1440x960.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/IMG_3494-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Lt. Gov. Gavin Newsom, standing in front of City Hall Friday, was mayor in 2004 when he ordered the San Francisco county clerk to issue same-sex marriage licenses, which was against state law (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"Today is the antidote to cynicism,\" said Lt. Gov. Gavin Newsom, former mayor of San Francisco.\u003c/p>\n\u003cp>\"Had it not been for all of you and millions and millions of conversations that were held and won, there would be no Supreme Court decision like the one held today.\"\u003c/p>\n\u003cp>San Francisco Mayor Ed Lee praised the decision. “Never have we been more committed, and more united, as a city and a nation, behind marriage equality in our country,\" he said.\u003c/p>\n\u003cp>Meanwhile, same-sex couples were up early to celebrate.\u003c/p>\n\u003cfigure id=\"attachment_10578190\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15780_image1-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578190\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15780_image1-qut-800x600.jpg\" alt=\"San Francisco City Hall\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15780_image1-qut.jpg 1632w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Hall \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"They're vintage shirts, from 2004. In 2000, at our first marriage, the minister refused to sign any marriage licenses, gay or straight, until we could all get married. (It was) at the Unitarian Church on Franklin where we first met. We've been together 35 years. Over time you become less of just one person and more of a couple. And the communication develops.\" \u003cstrong> -- Don Williams (left) and David Jones\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578321\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15785_IMG_1508.jpeg\">\u003cimg class=\"size-medium wp-image-10578321\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15785_IMG_1508-800x600.jpeg\" alt=\"Beatrice and Jennifer Deavers were spotted waiting outside Orphan Andy's restaurant, with their 1-year-old daughter. \" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15785_IMG_1508.jpeg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Beatrice and Jennifer Deavers were spotted waiting outside Orphan Andy's restaurant, with their 1-year-old daughter. \u003ccite>(Bryan Goebel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"\u003cspan class=\"s1\">It's eight years living in the closet, it's having to deliver in D.C. because I couldn't be in Virginia because we couldn't both be on the birth certificate of my daughter. A lot of shackles have been opened up and released today, you know? I now will never, ever doubt whether or not I should hold my wife's hand when I walk down the sidewalk in any street, across this nation. It's a big deal, it's a big deal. I don't think I've actually processed everything that's been happening just in the last few hours when this got released. I'm thankful to those little interns that were running back and forth across the marble steps of the Supreme Court to deliver this news. They have no idea what they've probably just did for all of us, so it was great. \" \u003cstrong>-- Jennifer Deavers with wife Beatrice\u003c/strong>\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_10578189\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15778_image1-e1435336525105.jpeg\">\u003cimg class=\"size-medium wp-image-10578189\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-800x1067.jpeg\" alt=\"San Francisco City Hall\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-400x533.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-1180x1573.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105-960x1280.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15778_image1-e1435336525105.jpeg 1224w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco City Hall \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I work a few blocks from here at at St. Anthony's. I mean, I knew this would happen, but once it becomes reality, I just have chills. I've been dating someone for five months. The conversation about the future changes. And he's my strongest relationship so far, so for this to happen in the country at large, it just feels really personal.\" --\u003cstrong> Karl Robillard\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578396\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Omotalade.jpg\">\u003cimg class=\"size-medium wp-image-10578396\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Omotalade-800x1200.jpg\" alt=\""It's amazing," said Jackie Omotalade, who lives in the Mission District (Jeremy Raff/KQED).\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-1440x2160.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Omotalade-960x1440.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">\"It's amazing,\" said Jackie Omotalade, who lives in the Mission District. (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"I can go get married in Alabama now. It's just amazing to think about. I never thought I'd be able to do that in a true red state.\" \u003cstrong>- Jackie Omotalade\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578391\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Varella-big_2.jpg\">\u003cimg class=\"size-medium wp-image-10578391\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Varella-big_2-800x394.jpg\" alt=\"Gary Mendleson and David Varela have been together four years. When they heard the news this morning, they got engaged (Jeremy Raff/KQED).\" width=\"800\" height=\"394\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-800x394.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-400x197.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-1440x710.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-1180x582.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2-960x473.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Varella-big_2.jpg 1826w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Gary Mendleson and David Varela have been together four years. When they heard the news this morning, they got engaged. (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"I'm Gary Mendleson, soon to be Mendleson-Varela. Or the other way around, we haven't decided. We just got engaged this morning after it was announced!\" \u003cstrong>- Gary Mendleson, right\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578462\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Alex-Morrison.jpeg\">\u003cimg class=\"size-medium wp-image-10578462\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Alex-Morrison-800x600.jpeg\" alt=\"Alex Morrison from Berkeley is thrilled, but says there is more work to be done (Jeremy Raff/KQED).\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-400x300.jpeg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-1440x1080.jpeg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Alex-Morrison.jpeg 1632w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Alex Morrison from Berkeley is thrilled, but says there is more work to be done (Jeremy Raff/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>\"We've got to work on the racism and homophobia in this country. There are going to be hate crimes in other places in reaction to this. We're insulated in the Bay Area.\" -- \u003cstrong>Alex Morrison \u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578630\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SSMprotesters.JPG-qut.jpg\">\u003cimg class=\"size-medium wp-image-10578630\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-800x531.jpg\" alt=\"Protesters in Berkeley wave a sign opposing same-sex marriage.\" width=\"800\" height=\"531\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-800x531.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-1440x956.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-1180x784.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut-960x638.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SSMprotesters.JPG-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Protesters in Berkeley wave a sign opposing same-sex marriage. \u003ccite>(Alan Toth/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But not everyone was excited about the decision. Protesters were spotted standing on the Berkeley pedestrian bridge over Interstate 80, waving signs opposing same-sex marriage.\u003c/p>\n\u003cp>KQED also caught up with Californians in Washington, D.C., who went to the Supreme Court after the ruling.\u003c/p>\n\u003cfigure id=\"attachment_10578455\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/15819_transform.jpg\">\u003cimg class=\"size-medium wp-image-10578455\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/15819_transform-800x903.jpg\" alt=\"Nick Neese attends UC Santa Cruz.\" width=\"800\" height=\"903\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-800x903.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-400x451.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-1440x1625.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-1180x1331.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform-960x1083.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/15819_transform.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Nick Neese attends UC Santa Cruz. \u003ccite>(Rachael Bale/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I was really nervous because if they kept the ban I wouldn't be able to get married, so it was really crucial that this was going to happen. My roommate actually sent me a text that said 'marriage is happening.' I got really excited and then I just stared at my screen to be sure it was true. And then I left work. I told everyone I was leaving and I rushed over here, and I still can't even believe it happened. I'm still in a little bit of a shock, I haven't gotten my full cry on, but I will later.\" \u003cstrong>-- Nick Neese from Santa Cruz\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10578456\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664.jpg\">\u003cimg class=\"size-medium wp-image-10578456\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-800x1067.jpg\" alt=\"Ashelen Vicuña from Stockton at the U.S. Supreme Court.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-800x1067.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-400x533.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-1180x1573.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15817_IMG_81547-qut-e1435350356664-960x1280.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ashelen Vicuña from Stockton at the U.S. Supreme Court. \u003ccite>(Rachael Bale/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I'm here supporting a great ruling that should have been passed years and years ago and we still have a long way to go, especially with LGBTQ, but at least it's a good step forward. The 5-4 is a little discouraging, I wish it was more but we'll take what we can get and hope that we can continue fighting for even more equality broadening.\" -- \u003cstrong>Ashelen Vicuña from Stockton\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Jeremy Raff, Deborah Svoboda, Bryan Goebel, Nicole Reinert and Rachael Bale contributed to this report. Felix Berzabal shot video.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Decision and Dissent: The U.S. Supreme Court on Same-Sex Marriage",
"title": "Decision and Dissent: The U.S. Supreme Court on Same-Sex Marriage",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>The U.S. Supreme Court has declared that same-sex couples everywhere in the United States are entitled to the right to marry. Below are excerpts from:\u003c/p>\n\u003cul>\n\u003cli>The five-justice \u003ca href=\"#kennedy\">majority opinion\u003c/a> by Associate Justice Anthony Kennedy.\u003c/li>\n\u003cli>The \u003ca href=\"#roberts\">dissenting opinion\u003c/a> of Chief Justice John Roberts.\u003c/li>\n\u003cli>The \u003ca href=\"#scalia\">dissenting opinion\u003c/a> of Associate Justice Antonin Scalia.\u003c/li>\n\u003cli>The full opinion and dissenting opinions (including those of Associate Justices Clarence Thomas and Samuel Alito) are \u003ca href=\"#obergefell\">embedded below\u003c/a>).\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca id=\"kennedy\">\u003c/a>\u003cbr>\n\u003cstrong>The opinion of the court: \u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity. The petitioners in these cases seek to find that liberty by marrying someone of the same sex and having their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex ...\u003c/p>\n\u003cp>... The ancient origins of marriage confirm its centrality, but it has not stood in isolation from developments in law and society. The history of marriage is one of both continuity and change. That institution — even as confined to opposite-sex relations—has evolved over time. ... Indeed, changed understandings of marriage are characteristic of a Nation where new dimensions of freedom become apparent to new generations, often through perspectives that begin in pleas or protests and then are considered in the political sphere and the judicial process.\u003c/p>\n\u003caside class=\"pullquote alignright\">'As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.'\u003c/aside>\n\u003cp>This dynamic can be seen in the Nation’s experiences with the rights of gays and lesbians. Until the mid-20th century, same-sex intimacy long had been condemned as immoral by the state itself in most Western nations, a belief often embodied in the criminal law. For this reason, among others, many persons did not deem homosexuals to have dignity in their own distinct identity. A truthful declaration by same-sex couples of what was in their hearts had to remain unspoken. Even when a greater awareness of the humanity and integrity of homosexual persons came in the period after World War II, the argument that gays and lesbians had a just claim to dignity was in conflict with both law and widespread social conventions. Same-sex intimacy remained a crime in many States. Gays and lesbians were prohibited from most government employment, barred from military service, excluded under immigration laws, targeted by police, and burdened in their rights to associate. ... For much of the 20th century, moreover, homosexuality was treated as an illness. ...\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>his analysis compels the conclusion that same-sex couples may exercise the right to marry. The four principles and traditions to be discussed demonstrate that the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples.\u003c/p>\n\u003cp>A first premise of the Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy. ... A second principle in this Court’s jurisprudence is that the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals. ... A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education. ... Fourth and finally, this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of our social order.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">S\u003c/span>tates have contributed to the fundamental character of marriage by placing it at the center of many facets of the legal and social order. There is no difference between same- and opposite-sex couples with respect to this principle. Yet by virtue of their exclusion from that institution, same-sex couples are denied the constellation of benefits that the States have linked to marriage. This harm results in more than just material burdens. Same-sex couples are consigned to an instability many opposite-sex couples would deem intolerable in their own lives. As the State itself makes marriage all the more precious by the significance it attaches to it, exclusion from that status has the effect of teaching that gays and lesbians are unequal in important respects. It demeans gays and lesbians for the State to lock them out of a central institution of the Nation’s society. Same-sex couples, too, may aspire to the transcendent purposes of marriage and seek fulfillment in its highest meaning.\u003c/p>\n\u003cp>The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest. With that knowledge must come the recognition that laws excluding same-sex couples from the marriage right impose stigma and injury of the kind prohibited by our basic charter. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he right to marry is fundamental as a matter of history and tradition, but rights come not from ancient sources alone. They rise, too, from a better informed understanding of how constitutional imperatives define a liberty that remains urgent in our own era. Many who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises, and neither they nor their beliefs are disparaged here. But when that sincere, personal opposition becomes enacted law and public policy, the necessary consequence is to put the imprimatur of the State itself on an exclusion that soon demeans or stigmatizes those whose own liberty is then denied. Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them. Baker v. Nelson must be and now is overruled, and the State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. ... It is of no moment whether advocates of same-sex marriage now enjoy or lack momentum in the democratic process. The issue before the Court here is the legal question whether the Constitution protects the right of same- sex couples to marry. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>here may be an initial inclination in these cases to proceed with caution—to await further legislation, litigation, and debate. The respondents warn there has been insufficient democratic discourse before deciding an issue so basic as the definition of marriage. In its ruling on the cases now before this Court, the majority opinion for the [6th Circuit] Court of Appeals made a cogent argument that it would be appropriate for the respondents’ States to await further public discussion and political measures before licensing same-sex marriages. ... The dynamic of our constitutional system is that individuals need not await legislative action before asserting a fundamental right. The Nation’s courts are open to injured individuals who come to them to vindicate their own direct, personal stake in our basic charter. An individual can invoke a right to constitutional protection when he or she is harmed, even if the broader public disagrees and even if the legislature refuses to act. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">N\u003c/span>o union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. The judgment of the Court of Appeals for the Sixth Circuit is reversed. \u003cem>It is so ordered.\u003c/em>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cstrong>From the dissent of Chief Justice John Roberts:\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">P\u003c/span>etitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.\u003c/p>\n\u003cp>But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment.” ...\u003c/p>\n\u003caside class=\"pullquote alignleft\">This Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise 'neither force nor will but merely judgment.'\u003c/aside>\n\u003cp>Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not. The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.\u003c/p>\n\u003cp>Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens -- through the democratic process -- to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he majority’s driving themes are that marriage is desirable and petitioners desire it. The opinion describes the “transcendent importance” of marriage and repeatedly insists that petitioners do not seek to “demean,” “devalue,” “denigrate,” or “disrespect” the institution. Ante, at 3, 4, 6, 28. Nobody disputes those points. Indeed, the compelling personal accounts of petitioners and others like them are likely a primary reason why many Americans have changed their minds about whether same-sex couples should be allowed to marry. As a matter of constitutional law, however, the sincerity of petitioners’ wishes is not relevant....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>y deciding this question under the Constitution, the Court removes it from the realm of democratic decision. There will be consequences to shutting down the political process on an issue of such profound public significance. Closing debate tends to close minds. People denied a voice are less likely to accept the ruling of a court on an issue that does not seem to be the sort of thing courts usually decide. As a thoughtful commentator [ed. note: Ruth Bader Ginsburg] observed about another issue, “The political process was moving . . . , not swiftly enough for advocates of quick, complete change, but majoritarian institutions were listening and acting. Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict.” .... Indeed, however heartened the proponents of same-sex marriage might be on this day, it is worth acknowledging what they have lost, and lost forever: the opportunity to win the true acceptance that comes from persuading their fellow citizens of the justice of their cause. And they lose this just when the winds of change were freshening at their backs....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>f you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.\u003c/p>\n\u003cp>I respectfully dissent.\u003c/p>\n\u003cp>\u003ca id=\"scalia\">\u003c/a>\u003cbr>\n\u003cstrong>From the dissenting opinion by Associate Justice Antonin Scalia:\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span> join the chief justice’s opinion in full. I write separately to call attention to this Court’s threat to American democracy.\u003c/p>\n\u003cp>The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance. Those civil consequences -- and the public approval that conferring the name of marriage evidences -- can perhaps have adverse social effects, but no more adverse than the effects of many other controversial laws. So it is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact — and the furthest extension one can even imagine — of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hen the Fourteenth Amendment was ratified in 1868, every State limited marriage to one man and one woman, and no one doubted the constitutionality of doing so. That resolves these cases. When it comes to determining the meaning of a vague constitutional provision — such as “due process of law” or “equal protection of the laws” — it is unquestionable that the People who ratified that provision did not understand it to prohibit a practice that remained both universal and uncontroversial in the years after ratification. We have no basis for striking down a practice that is not expressly prohibited by the Fourteenth Amendment’s text, and that bears the endorsement of a long tradition of open, widespread, and unchallenged use dating back to the Amendment’s ratification. Since there is no doubt what- ever that the People never decided to prohibit the limitation of marriage to opposite-sex couples, the public debate over same-sex marriage must be allowed to continue.\u003c/p>\n\u003cp>But the Court ends this debate, in an opinion lacking even a thin veneer of law. Buried beneath the mummeries and straining-to-be-memorable passages of the opinion is a candid and startling assertion: No matter what it was the People ratified, the Fourteenth Amendment protects those rights that the Judiciary, in its “reasoned judgment,” thinks the Fourteenth Amendment ought to protect. That is so because “[t]he generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions . . . . ” One would think that sentence would continue: “. . . and therefore they provided for a means by which the People could amend the Constitution,” or perhaps “. . . and therefore they left the creation of additional liberties, such as the freedom to marry someone of the same sex, to the People, through the never-ending process of legislation.” But no. What logically follows, in the majority’s judge-empowering estimation, is: “and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.” The “we,” needless to say, is the nine of us. “History and tradition guide and discipline [our] inquiry but do not set its outer boundaries.” Thus, rather than focusing on the People’s understanding of “liberty”—at the time of ratification or even today—the majority focuses on four “principles and traditions” that, in the majority’s view, prohibit States from defining marriage as an institution consisting of one man and one woman.\u003c/p>\n\u003cp>This is a naked judicial claim to legislative — indeed, super-legislative — power; a claim fundamentally at odds with our system of government....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he opinion is couched in a style that is as pretentious as its content is egotistic. It is one thing for separate concurring or dissenting opinions to contain extravagances, even silly extravagances, of thought and expression; it is something else for the official opinion of the Court to do so. Of course the opinion’s showy profundities are often profoundly incoherent. “The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality.” (Really? Who ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie. Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say.)\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>f, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">H\u003c/span>ubris is sometimes defined as o’erweening pride; and pride, we know, goeth before a fall. The Judiciary is the “least dangerous” of the federal branches because it has “neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm” and the States, “even for the efficacy of its judgments.”26 With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.\u003c/p>\n\u003cp>\u003ca id=\"obergefell\">\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/269769826/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_69264\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court has declared that same-sex couples everywhere in the United States are entitled to the right to marry. Below are excerpts from:\u003c/p>\n\u003cul>\n\u003cli>The five-justice \u003ca href=\"#kennedy\">majority opinion\u003c/a> by Associate Justice Anthony Kennedy.\u003c/li>\n\u003cli>The \u003ca href=\"#roberts\">dissenting opinion\u003c/a> of Chief Justice John Roberts.\u003c/li>\n\u003cli>The \u003ca href=\"#scalia\">dissenting opinion\u003c/a> of Associate Justice Antonin Scalia.\u003c/li>\n\u003cli>The full opinion and dissenting opinions (including those of Associate Justices Clarence Thomas and Samuel Alito) are \u003ca href=\"#obergefell\">embedded below\u003c/a>).\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca id=\"kennedy\">\u003c/a>\u003cbr>\n\u003cstrong>The opinion of the court: \u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity. The petitioners in these cases seek to find that liberty by marrying someone of the same sex and having their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex ...\u003c/p>\n\u003cp>... The ancient origins of marriage confirm its centrality, but it has not stood in isolation from developments in law and society. The history of marriage is one of both continuity and change. That institution — even as confined to opposite-sex relations—has evolved over time. ... Indeed, changed understandings of marriage are characteristic of a Nation where new dimensions of freedom become apparent to new generations, often through perspectives that begin in pleas or protests and then are considered in the political sphere and the judicial process.\u003c/p>\n\u003caside class=\"pullquote alignright\">'As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.'\u003c/aside>\n\u003cp>This dynamic can be seen in the Nation’s experiences with the rights of gays and lesbians. Until the mid-20th century, same-sex intimacy long had been condemned as immoral by the state itself in most Western nations, a belief often embodied in the criminal law. For this reason, among others, many persons did not deem homosexuals to have dignity in their own distinct identity. A truthful declaration by same-sex couples of what was in their hearts had to remain unspoken. Even when a greater awareness of the humanity and integrity of homosexual persons came in the period after World War II, the argument that gays and lesbians had a just claim to dignity was in conflict with both law and widespread social conventions. Same-sex intimacy remained a crime in many States. Gays and lesbians were prohibited from most government employment, barred from military service, excluded under immigration laws, targeted by police, and burdened in their rights to associate. ... For much of the 20th century, moreover, homosexuality was treated as an illness. ...\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>his analysis compels the conclusion that same-sex couples may exercise the right to marry. The four principles and traditions to be discussed demonstrate that the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples.\u003c/p>\n\u003cp>A first premise of the Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy. ... A second principle in this Court’s jurisprudence is that the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals. ... A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education. ... Fourth and finally, this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of our social order.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">S\u003c/span>tates have contributed to the fundamental character of marriage by placing it at the center of many facets of the legal and social order. There is no difference between same- and opposite-sex couples with respect to this principle. Yet by virtue of their exclusion from that institution, same-sex couples are denied the constellation of benefits that the States have linked to marriage. This harm results in more than just material burdens. Same-sex couples are consigned to an instability many opposite-sex couples would deem intolerable in their own lives. As the State itself makes marriage all the more precious by the significance it attaches to it, exclusion from that status has the effect of teaching that gays and lesbians are unequal in important respects. It demeans gays and lesbians for the State to lock them out of a central institution of the Nation’s society. Same-sex couples, too, may aspire to the transcendent purposes of marriage and seek fulfillment in its highest meaning.\u003c/p>\n\u003cp>The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest. With that knowledge must come the recognition that laws excluding same-sex couples from the marriage right impose stigma and injury of the kind prohibited by our basic charter. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he right to marry is fundamental as a matter of history and tradition, but rights come not from ancient sources alone. They rise, too, from a better informed understanding of how constitutional imperatives define a liberty that remains urgent in our own era. Many who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises, and neither they nor their beliefs are disparaged here. But when that sincere, personal opposition becomes enacted law and public policy, the necessary consequence is to put the imprimatur of the State itself on an exclusion that soon demeans or stigmatizes those whose own liberty is then denied. Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them. Baker v. Nelson must be and now is overruled, and the State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. ... It is of no moment whether advocates of same-sex marriage now enjoy or lack momentum in the democratic process. The issue before the Court here is the legal question whether the Constitution protects the right of same- sex couples to marry. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>here may be an initial inclination in these cases to proceed with caution—to await further legislation, litigation, and debate. The respondents warn there has been insufficient democratic discourse before deciding an issue so basic as the definition of marriage. In its ruling on the cases now before this Court, the majority opinion for the [6th Circuit] Court of Appeals made a cogent argument that it would be appropriate for the respondents’ States to await further public discussion and political measures before licensing same-sex marriages. ... The dynamic of our constitutional system is that individuals need not await legislative action before asserting a fundamental right. The Nation’s courts are open to injured individuals who come to them to vindicate their own direct, personal stake in our basic charter. An individual can invoke a right to constitutional protection when he or she is harmed, even if the broader public disagrees and even if the legislature refuses to act. ...\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">N\u003c/span>o union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. The judgment of the Court of Appeals for the Sixth Circuit is reversed. \u003cem>It is so ordered.\u003c/em>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cstrong>From the dissent of Chief Justice John Roberts:\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">P\u003c/span>etitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.\u003c/p>\n\u003cp>But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment.” ...\u003c/p>\n\u003caside class=\"pullquote alignleft\">This Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise 'neither force nor will but merely judgment.'\u003c/aside>\n\u003cp>Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not. The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.\u003c/p>\n\u003cp>Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens -- through the democratic process -- to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he majority’s driving themes are that marriage is desirable and petitioners desire it. The opinion describes the “transcendent importance” of marriage and repeatedly insists that petitioners do not seek to “demean,” “devalue,” “denigrate,” or “disrespect” the institution. Ante, at 3, 4, 6, 28. Nobody disputes those points. Indeed, the compelling personal accounts of petitioners and others like them are likely a primary reason why many Americans have changed their minds about whether same-sex couples should be allowed to marry. As a matter of constitutional law, however, the sincerity of petitioners’ wishes is not relevant....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>y deciding this question under the Constitution, the Court removes it from the realm of democratic decision. There will be consequences to shutting down the political process on an issue of such profound public significance. Closing debate tends to close minds. People denied a voice are less likely to accept the ruling of a court on an issue that does not seem to be the sort of thing courts usually decide. As a thoughtful commentator [ed. note: Ruth Bader Ginsburg] observed about another issue, “The political process was moving . . . , not swiftly enough for advocates of quick, complete change, but majoritarian institutions were listening and acting. Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict.” .... Indeed, however heartened the proponents of same-sex marriage might be on this day, it is worth acknowledging what they have lost, and lost forever: the opportunity to win the true acceptance that comes from persuading their fellow citizens of the justice of their cause. And they lose this just when the winds of change were freshening at their backs....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>f you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.\u003c/p>\n\u003cp>I respectfully dissent.\u003c/p>\n\u003cp>\u003ca id=\"scalia\">\u003c/a>\u003cbr>\n\u003cstrong>From the dissenting opinion by Associate Justice Antonin Scalia:\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span> join the chief justice’s opinion in full. I write separately to call attention to this Court’s threat to American democracy.\u003c/p>\n\u003cp>The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance. Those civil consequences -- and the public approval that conferring the name of marriage evidences -- can perhaps have adverse social effects, but no more adverse than the effects of many other controversial laws. So it is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact — and the furthest extension one can even imagine — of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hen the Fourteenth Amendment was ratified in 1868, every State limited marriage to one man and one woman, and no one doubted the constitutionality of doing so. That resolves these cases. When it comes to determining the meaning of a vague constitutional provision — such as “due process of law” or “equal protection of the laws” — it is unquestionable that the People who ratified that provision did not understand it to prohibit a practice that remained both universal and uncontroversial in the years after ratification. We have no basis for striking down a practice that is not expressly prohibited by the Fourteenth Amendment’s text, and that bears the endorsement of a long tradition of open, widespread, and unchallenged use dating back to the Amendment’s ratification. Since there is no doubt what- ever that the People never decided to prohibit the limitation of marriage to opposite-sex couples, the public debate over same-sex marriage must be allowed to continue.\u003c/p>\n\u003cp>But the Court ends this debate, in an opinion lacking even a thin veneer of law. Buried beneath the mummeries and straining-to-be-memorable passages of the opinion is a candid and startling assertion: No matter what it was the People ratified, the Fourteenth Amendment protects those rights that the Judiciary, in its “reasoned judgment,” thinks the Fourteenth Amendment ought to protect. That is so because “[t]he generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions . . . . ” One would think that sentence would continue: “. . . and therefore they provided for a means by which the People could amend the Constitution,” or perhaps “. . . and therefore they left the creation of additional liberties, such as the freedom to marry someone of the same sex, to the People, through the never-ending process of legislation.” But no. What logically follows, in the majority’s judge-empowering estimation, is: “and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.” The “we,” needless to say, is the nine of us. “History and tradition guide and discipline [our] inquiry but do not set its outer boundaries.” Thus, rather than focusing on the People’s understanding of “liberty”—at the time of ratification or even today—the majority focuses on four “principles and traditions” that, in the majority’s view, prohibit States from defining marriage as an institution consisting of one man and one woman.\u003c/p>\n\u003cp>This is a naked judicial claim to legislative — indeed, super-legislative — power; a claim fundamentally at odds with our system of government....\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>he opinion is couched in a style that is as pretentious as its content is egotistic. It is one thing for separate concurring or dissenting opinions to contain extravagances, even silly extravagances, of thought and expression; it is something else for the official opinion of the Court to do so. Of course the opinion’s showy profundities are often profoundly incoherent. “The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality.” (Really? Who ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie. Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say.)\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>f, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">H\u003c/span>ubris is sometimes defined as o’erweening pride; and pride, we know, goeth before a fall. The Judiciary is the “least dangerous” of the federal branches because it has “neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm” and the States, “even for the efficacy of its judgments.”26 With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.\u003c/p>\n\u003cp>\u003ca id=\"obergefell\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "U.S. Supreme Court Strikes Down Bans on Same-Sex Marriage",
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"content": "\u003cp>As a throng cheered outside, the U.S. Supreme Court declared Friday that same-sex couples across the United States are entitled to the right to marry.\u003c/p>\n\u003cp>The 5-4 decision struck down same-sex marriage bans imposed by Kentucky, Michigan, Ohio and Tennessee. The court found that those laws violate the 14th Amendment's guarantees of due process and equal protection under the law for all persons.\u003c/p>\n\u003cp>The 28-page majority opinion -- \u003ca href=\"#obergefell\">embedded below\u003c/a> -- by Associate Justice Anthony Kennedy says:\u003c/p>\n\u003cblockquote>\u003cp>\"It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality . . . Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry.\"\u003c/p>\u003c/blockquote>\n\u003cp>The five-justice majority consisted of Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts led the dissenters, including Antonin Scalia, Clarence Thomas and Samuel Alito. All four of the justices in the minority wrote dissenting opinions.\u003c/p>\n\u003cp>Roberts read his dissent from the bench. He argued that the democratic process should have been allowed to play out by allowing states to decide the question on their own. He says:\u003c/p>\n\u003cblockquote>\u003cp>\"If you are among the many Americans--of whatever sexual orientation--who favor expanding same-sex marriage, by all means celebrate today's decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not Celebrate the Constitution. It had nothing to do with it.\"\u003c/p>\u003c/blockquote>\n\u003cp>The decision takes effect immediately.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a.png\">\u003cimg class=\"aligncenter size-full wp-image-10578398\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a.png\" alt=\"Same-sex marriage decision map.\" width=\"742\" height=\"557\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a.png 742w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a-400x300.png 400w\" sizes=\"(max-width: 742px) 100vw, 742px\">\u003c/a>\u003c/p>\n\u003cp>The court faced \u003ca href=\"http://www.supremecourt.gov/qp/14-00556qp.pdf\" target=\"_blank\">two main questions\u003c/a> in Obergefell v. Hodges:\u003c/p>\n\u003cul>\n\u003cli>Do same-sex couples have a constitutional right to marry?\u003c/li>\n\u003cli>If states can ban same-sex marriages, can states not recognize same-sex marriages performed in other states where it is legal?\u003c/li>\n\u003c/ul>\n\u003cp>The decision is the culmination of a decades-long struggle in the courts, statehouses and at the ballot box.\u003c/p>\n\u003cp>Just \u003ca href=\"http://ww2.kqed.org/news/2013/06/25/proposition-8-supreme-court/\" target=\"_blank\">two years ago\u003c/a>, the Supreme Court struck down part of the federal law that denied a range of government benefits to legally married same-sex couples.\u003c/p>\n\u003cp>The decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.\u003c/p>\n\u003cp>The court's ruling on Proposition 8 was much more narrow, applying only to California.\u003c/p>\n\u003cp>UCLA's Williams Institute estimates that there are 390,000 married same-sex couples. The Supreme Court's landmark decision today could mean that another 70,000 couples living in the 13 states that do not currently permit them to wed would get married in the next three years, the Williams Institute estimates. There are roughly 1 million same-sex couples, married and unmarried, who live together in the United States, the institute says.\u003c/p>\n\u003cp>\u003cstrong>Stories of Love, Life Before the High Court\u003c/strong>\u003c/p>\n\u003cp>Many of the 19 men and women involved in Obergefell v. Hodges call themselves \"accidental activists\" because they filed lawsuits not to legalize same-sex marriage nationally, but because of how the bans impacted their lives.\u003c/p>\n\u003cp>Two of the plaintiffs in Friday's case married in California.\u003c/p>\n\u003cp>Matthew Mansell married his husband, John, in San Francisco in 2008, before voters passed Prop. 8. In 2012, they moved to Tennessee with their two children for work. Mansell says they quickly found that their marriage wasn't recognized.\u003c/p>\n\u003cp>\"We were always concerned about whether we would have issues with doctors or with any government agencies with regard to our children or even with regard to services for my husband or for myself,\" Mansell said.\u003c/p>\n\u003cp>They joined a lawsuit against Tennessee, arguing the state should recognize their marriage. They initially won, but a federal appeals court ruled against them.\u003c/p>\n\u003cp>Mansell and his family now live in Orange County. He says a victory at the highest court in the nation would teach their kids to stand up for what you believe in.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/212162805\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>April DeBoer and Jayne Rowse were not planning to challenge Michigan's ban on same-sex marriage when they went to court to win the right to jointly adopt each other's children. A federal judge transformed their case into one about the right to marry, and the nurses have become celebrities in their Detroit suburb of Hazel Park.\u003c/p>\n\u003cp>\"We've been stopped multiple times at our local shopping center with people just telling their story. These are people's lives that we've changed,\" DeBoer said.\u003c/p>\n\u003cp>They live with their four adopted children, ages 2 to 6, and a foster child. Each woman has adopted two kids, but Michigan ties joint adoption to marriage.\u003c/p>\n\u003cp>\"We decided that not doing anything would do more harm to our children than standing up and saying we're going to fight,\" DeBoer said.\u003c/p>\n\u003cp>A middle-of-the night trip to the emergency room, with her 9-month-old son coughing and laboring to breathe, gave Pam Yorksmith her latest reminder of why she took up the fight for same-sex marriage.\u003c/p>\n\u003cp>Before baby Orion could be treated for croup, the hospital had to call his birth mother — Yorksmith's wife, Nicole — \"to get permission to treat my child,\" Yorksmith said.\u003c/p>\n\u003cp>Although the Yorksmiths started their family together through artificial insemination, hospital records and Orion's birth certificate don't list Pam Yorksmith as a parent.\u003c/p>\n\u003cp>\u003cstrong>The Next Battles\u003c/strong>\u003c/p>\n\u003cp>Efforts to carve out religious exemptions for people and institutions that object to same-sex marriage are also under attack. It is clear that churches do not have to marry same-sex couples if doing so violates their religious tenets, but what about county clerks? Can photographers\u003cbr>\nrefuse to shoot same-sex weddings? Can bakers decline to bake a cake for two men?\u003c/p>\n\u003cp>Civil rights groups say they will continue pressing for other protections from discrimination against LGBT people in employment and housing, among other areas. Even if same-sex couples win the right to marry everywhere, people still can be fired because of their sexual orientation in more than half the states.\u003c/p>\n\u003cp>\u003cem>This post includes reporting by Scott Shafer of KQED News and Mark Sherman of the Associated Press.\u003c/em>\u003cbr>\n\u003ca id=\"obergefell\">\u003c/a>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/269769826/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_69264\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>As a throng cheered outside, the U.S. Supreme Court declared Friday that same-sex couples across the United States are entitled to the right to marry.\u003c/p>\n\u003cp>The 5-4 decision struck down same-sex marriage bans imposed by Kentucky, Michigan, Ohio and Tennessee. The court found that those laws violate the 14th Amendment's guarantees of due process and equal protection under the law for all persons.\u003c/p>\n\u003cp>The 28-page majority opinion -- \u003ca href=\"#obergefell\">embedded below\u003c/a> -- by Associate Justice Anthony Kennedy says:\u003c/p>\n\u003cblockquote>\u003cp>\"It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality . . . Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry.\"\u003c/p>\u003c/blockquote>\n\u003cp>The five-justice majority consisted of Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts led the dissenters, including Antonin Scalia, Clarence Thomas and Samuel Alito. All four of the justices in the minority wrote dissenting opinions.\u003c/p>\n\u003cp>Roberts read his dissent from the bench. He argued that the democratic process should have been allowed to play out by allowing states to decide the question on their own. He says:\u003c/p>\n\u003cblockquote>\u003cp>\"If you are among the many Americans--of whatever sexual orientation--who favor expanding same-sex marriage, by all means celebrate today's decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not Celebrate the Constitution. It had nothing to do with it.\"\u003c/p>\u003c/blockquote>\n\u003cp>The decision takes effect immediately.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a.png\">\u003cimg class=\"aligncenter size-full wp-image-10578398\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a.png\" alt=\"Same-sex marriage decision map.\" width=\"742\" height=\"557\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a.png 742w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/preview-decision-cf5ce5d67ecd3fa84f6b38883d4e0e39c1d2578a-400x300.png 400w\" sizes=\"(max-width: 742px) 100vw, 742px\">\u003c/a>\u003c/p>\n\u003cp>The court faced \u003ca href=\"http://www.supremecourt.gov/qp/14-00556qp.pdf\" target=\"_blank\">two main questions\u003c/a> in Obergefell v. Hodges:\u003c/p>\n\u003cul>\n\u003cli>Do same-sex couples have a constitutional right to marry?\u003c/li>\n\u003cli>If states can ban same-sex marriages, can states not recognize same-sex marriages performed in other states where it is legal?\u003c/li>\n\u003c/ul>\n\u003cp>The decision is the culmination of a decades-long struggle in the courts, statehouses and at the ballot box.\u003c/p>\n\u003cp>Just \u003ca href=\"http://ww2.kqed.org/news/2013/06/25/proposition-8-supreme-court/\" target=\"_blank\">two years ago\u003c/a>, the Supreme Court struck down part of the federal law that denied a range of government benefits to legally married same-sex couples.\u003c/p>\n\u003cp>The decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.\u003c/p>\n\u003cp>The court's ruling on Proposition 8 was much more narrow, applying only to California.\u003c/p>\n\u003cp>UCLA's Williams Institute estimates that there are 390,000 married same-sex couples. The Supreme Court's landmark decision today could mean that another 70,000 couples living in the 13 states that do not currently permit them to wed would get married in the next three years, the Williams Institute estimates. There are roughly 1 million same-sex couples, married and unmarried, who live together in the United States, the institute says.\u003c/p>\n\u003cp>\u003cstrong>Stories of Love, Life Before the High Court\u003c/strong>\u003c/p>\n\u003cp>Many of the 19 men and women involved in Obergefell v. Hodges call themselves \"accidental activists\" because they filed lawsuits not to legalize same-sex marriage nationally, but because of how the bans impacted their lives.\u003c/p>\n\u003cp>Two of the plaintiffs in Friday's case married in California.\u003c/p>\n\u003cp>Matthew Mansell married his husband, John, in San Francisco in 2008, before voters passed Prop. 8. In 2012, they moved to Tennessee with their two children for work. Mansell says they quickly found that their marriage wasn't recognized.\u003c/p>\n\u003cp>\"We were always concerned about whether we would have issues with doctors or with any government agencies with regard to our children or even with regard to services for my husband or for myself,\" Mansell said.\u003c/p>\n\u003cp>They joined a lawsuit against Tennessee, arguing the state should recognize their marriage. They initially won, but a federal appeals court ruled against them.\u003c/p>\n\u003cp>Mansell and his family now live in Orange County. He says a victory at the highest court in the nation would teach their kids to stand up for what you believe in.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/212162805&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/212162805'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>April DeBoer and Jayne Rowse were not planning to challenge Michigan's ban on same-sex marriage when they went to court to win the right to jointly adopt each other's children. A federal judge transformed their case into one about the right to marry, and the nurses have become celebrities in their Detroit suburb of Hazel Park.\u003c/p>\n\u003cp>\"We've been stopped multiple times at our local shopping center with people just telling their story. These are people's lives that we've changed,\" DeBoer said.\u003c/p>\n\u003cp>They live with their four adopted children, ages 2 to 6, and a foster child. Each woman has adopted two kids, but Michigan ties joint adoption to marriage.\u003c/p>\n\u003cp>\"We decided that not doing anything would do more harm to our children than standing up and saying we're going to fight,\" DeBoer said.\u003c/p>\n\u003cp>A middle-of-the night trip to the emergency room, with her 9-month-old son coughing and laboring to breathe, gave Pam Yorksmith her latest reminder of why she took up the fight for same-sex marriage.\u003c/p>\n\u003cp>Before baby Orion could be treated for croup, the hospital had to call his birth mother — Yorksmith's wife, Nicole — \"to get permission to treat my child,\" Yorksmith said.\u003c/p>\n\u003cp>Although the Yorksmiths started their family together through artificial insemination, hospital records and Orion's birth certificate don't list Pam Yorksmith as a parent.\u003c/p>\n\u003cp>\u003cstrong>The Next Battles\u003c/strong>\u003c/p>\n\u003cp>Efforts to carve out religious exemptions for people and institutions that object to same-sex marriage are also under attack. It is clear that churches do not have to marry same-sex couples if doing so violates their religious tenets, but what about county clerks? Can photographers\u003cbr>\nrefuse to shoot same-sex weddings? Can bakers decline to bake a cake for two men?\u003c/p>\n\u003cp>Civil rights groups say they will continue pressing for other protections from discrimination against LGBT people in employment and housing, among other areas. Even if same-sex couples win the right to marry everywhere, people still can be fired because of their sexual orientation in more than half the states.\u003c/p>\n\u003cp>\u003cem>This post includes reporting by Scott Shafer of KQED News and Mark Sherman of the Associated Press.\u003c/em>\u003cbr>\n\u003ca id=\"obergefell\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Big Win for Farmworkers in Sexual Harassment Case",
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"content": "\u003cp>Just as our series \u003ca href=\"http://ww2.kqed.org/news/tag/night-shift\">\"Rape on the Night Shift\"\u003c/a> launches this week, there's news related to our earlier project \u003ca href=\"http://www.pbs.org/wgbh/pages/frontline/rape-in-the-fields/\" target=\"_blank\">\"Rape in the Fields,\"\u003c/a> which broke ground in exposing sexual harassment and abuse of farmworkers. The federal Equal Employment Opportunity Commission has \u003ca href=\"http://www1.eeoc.gov//eeoc/newsroom/release/6-24-15c.cfm?renderforprint=1\" target=\"_blank\">announced a $330,000 settlement\u003c/a> in a sexual harassment case involving 10 Latino farmworkers at Zoria Farms, once one of the largest dried fruit processors in the country.\u003c/p>\n\u003cp>The EEOC case alleged that since 2007, at least two supervisors for the Madera-based company would make unwelcome sexual comments, hug and kiss Latina farmworkers, and pressure them for dates or sex. Court filings say that both female and male farmworkers reported the harassment, but the company failed to take immediate action. After Zoria Farms sold the company to Z Foods in 2008, many of the workers were denied jobs at the new operation, and the EEOC charge says that was because of retaliation for complaints.\u003c/p>\n\u003cp>[contextly_sidebar id=\"KqZcV1GeD3B83e9kaYIYmgiDz2Y3B6IE\"]\u003c/p>\n\u003cp>\"The agricultural industry in particular needs to recognize the susceptibility of its workforce to sexual harassment and make protecting workers a priority,\" says Anna Park, regional attorney for the EEOC in Los Angeles. She's also \u003ca href=\"http://ww2.kqed.org/news/2015/06/23/working-alone-at-night-janitors-risk-sexual-violence-rape-on-the-night-shift/\" target=\"_blank\">featured in this week's series \u003c/a> as the lead prosecutor in a class-action lawsuit involving janitors who were sexually harassed and raped in the Central Valley.\u003c/p>\n\u003cp>The \u003ca href=\"http://s3.documentcloud.org/documents/2110428/eeoc-v-zoria-farms-signed-consent-decree-2015.txt\" target=\"_blank\">five-year consent decree \u003c/a>signed this week not only provides monetary relief to the 10 farmworkers, but the company also agreed to change its policies and practices should it decide to re-open -- including a centralized tracking system for complaints of discrimination and retaliation. \u003ca href=\"http://www.eeoc.gov/eeoc/newsroom/release/9-2-10.cfm\" target=\"_blank\">Similar agreements\u003c/a> have been reached in EEOC settlements involving the janitorial industry.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The $330,000 settlement is significant, but not as large as other settlements that farmworkers have been paid for sexual harassment. As \u003ca href=\"http://www.npr.org/templates/story/story.php?storyId=5597646\" target=\"_blank\">we reported\u003c/a> back in 2006, a farmworker who said she was raped at Harris Farms was awarded $1 million in damages and lost wages.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The EEOC filed a case against both Zoria Farms and Z Foods in federal court in Fresno in September 2013. The case against Z Foods is still pending.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Just as our series \u003ca href=\"http://ww2.kqed.org/news/tag/night-shift\">\"Rape on the Night Shift\"\u003c/a> launches this week, there's news related to our earlier project \u003ca href=\"http://www.pbs.org/wgbh/pages/frontline/rape-in-the-fields/\" target=\"_blank\">\"Rape in the Fields,\"\u003c/a> which broke ground in exposing sexual harassment and abuse of farmworkers. The federal Equal Employment Opportunity Commission has \u003ca href=\"http://www1.eeoc.gov//eeoc/newsroom/release/6-24-15c.cfm?renderforprint=1\" target=\"_blank\">announced a $330,000 settlement\u003c/a> in a sexual harassment case involving 10 Latino farmworkers at Zoria Farms, once one of the largest dried fruit processors in the country.\u003c/p>\n\u003cp>The EEOC case alleged that since 2007, at least two supervisors for the Madera-based company would make unwelcome sexual comments, hug and kiss Latina farmworkers, and pressure them for dates or sex. Court filings say that both female and male farmworkers reported the harassment, but the company failed to take immediate action. After Zoria Farms sold the company to Z Foods in 2008, many of the workers were denied jobs at the new operation, and the EEOC charge says that was because of retaliation for complaints.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"The agricultural industry in particular needs to recognize the susceptibility of its workforce to sexual harassment and make protecting workers a priority,\" says Anna Park, regional attorney for the EEOC in Los Angeles. She's also \u003ca href=\"http://ww2.kqed.org/news/2015/06/23/working-alone-at-night-janitors-risk-sexual-violence-rape-on-the-night-shift/\" target=\"_blank\">featured in this week's series \u003c/a> as the lead prosecutor in a class-action lawsuit involving janitors who were sexually harassed and raped in the Central Valley.\u003c/p>\n\u003cp>The \u003ca href=\"http://s3.documentcloud.org/documents/2110428/eeoc-v-zoria-farms-signed-consent-decree-2015.txt\" target=\"_blank\">five-year consent decree \u003c/a>signed this week not only provides monetary relief to the 10 farmworkers, but the company also agreed to change its policies and practices should it decide to re-open -- including a centralized tracking system for complaints of discrimination and retaliation. \u003ca href=\"http://www.eeoc.gov/eeoc/newsroom/release/9-2-10.cfm\" target=\"_blank\">Similar agreements\u003c/a> have been reached in EEOC settlements involving the janitorial industry.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The $330,000 settlement is significant, but not as large as other settlements that farmworkers have been paid for sexual harassment. As \u003ca href=\"http://www.npr.org/templates/story/story.php?storyId=5597646\" target=\"_blank\">we reported\u003c/a> back in 2006, a farmworker who said she was raped at Harris Farms was awarded $1 million in damages and lost wages.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The EEOC filed a case against both Zoria Farms and Z Foods in federal court in Fresno in September 2013. The case against Z Foods is still pending.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "SCOTUS Watch: Two Opinions -- Neither One on Same-Sex Marriage",
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"content": "\u003cp>A large crowd gathered outside the U.S. Supreme Court on Thursday morning in anticipation of an announcement on two cases concerning same-sex marriage. Reporters and editors everywhere huddled over Twitter, Periscope and the SCOTUSblog \u003ca href=\"http://www.scotusblog.com/2015/06/live-blog-of-opinions-june-25-2015/\" target=\"_blank\">live account of the day's proceedings\u003c/a>, waiting for whatever news was about to be released.\u003c/p>\n\u003cp>Alas, the court has nothing new to say, yet, on the marriage issue. But the august tribunal did announce a decision in \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/14-114_qol1.pdf\" target=\"_blank\">King v. Burwell\u003c/a> that upholds the federal Affordable Care Act -- aka Obamacare -- by a 6-3 vote.\u003c/p>\n\u003cp>Many in the festive gathering broke into cheers, chanting, \"The ACA is here to stay!\" Also: \"Young, old, rich, poor -- that's what ACA is for!\"\u003c/p>\n\u003cp>Here's the news from KQED's State of Health blog: \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/25/supreme-court-obamacare/\" target=\"_blank\">U.S. Supreme Court Upholds Subsidies in Obamacare Case\u003c/a>.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.washingtonpost.com/politics/courts_law/obamacare-survives-supreme-court-challenge/2015/06/25/af87608e-188a-11e5-93b7-5eddc056ad8a_story.html\" target=\"_blank\">Washington Post summarizes\u003c/a> the court's ruling:\u003c/p>\n\u003cblockquote>\u003cp>The Supreme Court on Thursday upheld a key provision of the Affordable Care Act and agreed with the Obama administration that government subsidies that make health insurance affordable for millions of Americans should be available to all.\u003c/p>\u003c/blockquote>\n\u003cp>The dissent, by Associate Justice Antonin Scalia, contained one memorable barb reflecting his frustration that the court has allowed the health care law to stand not once but twice: \"We should start calling this law SCOTUScare.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a second decision -- \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/13-1371_m64o.pdf\" target=\"_blank\">Texas Department of Housing and Community Affairs v. Inclusive Communities Project\u003c/a> -- the court ruled that housing discrimination claims can be pursued under the terms of the federal Fair Housing Act.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Thursday's action means the justices still have five decisions to release. Court observers are guessing that rulings will be issued both Friday and Monday -- the last scheduled days of this Supreme Court term.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A large crowd gathered outside the U.S. Supreme Court on Thursday morning in anticipation of an announcement on two cases concerning same-sex marriage. Reporters and editors everywhere huddled over Twitter, Periscope and the SCOTUSblog \u003ca href=\"http://www.scotusblog.com/2015/06/live-blog-of-opinions-june-25-2015/\" target=\"_blank\">live account of the day's proceedings\u003c/a>, waiting for whatever news was about to be released.\u003c/p>\n\u003cp>Alas, the court has nothing new to say, yet, on the marriage issue. But the august tribunal did announce a decision in \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/14-114_qol1.pdf\" target=\"_blank\">King v. Burwell\u003c/a> that upholds the federal Affordable Care Act -- aka Obamacare -- by a 6-3 vote.\u003c/p>\n\u003cp>Many in the festive gathering broke into cheers, chanting, \"The ACA is here to stay!\" Also: \"Young, old, rich, poor -- that's what ACA is for!\"\u003c/p>\n\u003cp>Here's the news from KQED's State of Health blog: \u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/06/25/supreme-court-obamacare/\" target=\"_blank\">U.S. Supreme Court Upholds Subsidies in Obamacare Case\u003c/a>.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.washingtonpost.com/politics/courts_law/obamacare-survives-supreme-court-challenge/2015/06/25/af87608e-188a-11e5-93b7-5eddc056ad8a_story.html\" target=\"_blank\">Washington Post summarizes\u003c/a> the court's ruling:\u003c/p>\n\u003cblockquote>\u003cp>The Supreme Court on Thursday upheld a key provision of the Affordable Care Act and agreed with the Obama administration that government subsidies that make health insurance affordable for millions of Americans should be available to all.\u003c/p>\u003c/blockquote>\n\u003cp>The dissent, by Associate Justice Antonin Scalia, contained one memorable barb reflecting his frustration that the court has allowed the health care law to stand not once but twice: \"We should start calling this law SCOTUScare.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a second decision -- \u003ca href=\"http://www.supremecourt.gov/opinions/14pdf/13-1371_m64o.pdf\" target=\"_blank\">Texas Department of Housing and Community Affairs v. Inclusive Communities Project\u003c/a> -- the court ruled that housing discrimination claims can be pursued under the terms of the federal Fair Housing Act.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Thursday's action means the justices still have five decisions to release. Court observers are guessing that rulings will be issued both Friday and Monday -- the last scheduled days of this Supreme Court term.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Report: African-American Adults 7 Times as Likely as Whites to Be Arrested in San Francisco",
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"content": "\u003cp>Although African-Americans represent just 6 percent of San Francisco’s adult population, they are seven times as likely as whites to be arrested, according to a report slated for release Tuesday.\u003c/p>\n\u003cp>The report, produced for a city and county advisory council, revealed wide disparities in arrest, booking and conviction rates. It also found that black adults in San Francisco were 11 times as likely to be booked into county jail and over 10 times as likely to be convicted of a crime.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/211705883″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]\u003c/p>\n\u003cp>Speaking at a June 23 news conference, San Francisco Public Defender Jeff Adachi described it as “a damning report” and called for the disparities to be addressed.\u003c/p>\n\u003cp>“You would think that in San Francisco, where we have a very progressive reputation, that our treatment, particularly of people of color, would be much better but … it’s actually much worse than other parts of the state,” Adachi said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco Reentry Council, which coordinates local efforts to help adults released from the county jail, commissioned the report in November 2014. It was produced by the W. Haywood Burns Institute, a nonprofit organization working to reduce racial and ethnic disparities in the criminal justice system.\u003c/p>\n\u003cp>The institute’s analysis, based on 2013 data, indicated that even as the city’s demographics shifted and overall arrest rates declined, the gap in arrest rates grew between African-American and white adults in San Francisco.\u003c/p>\n\u003cp>According to the report, 40 percent of people arrested, 44 percent of people booked into county jail and 40 percent of people convicted are African-American adults.\u003c/p>\n\u003cp>San Francisco Supervisor Jane Kim, who also spoke at the news conference, has been working with Adachi’s office on initiatives aimed at addressing systematic inequality.\u003c/p>\n\u003cp>Across the board, Kim said, “Arrests rates are going down. Violent crime is going down. … But reports like the one that’s being released today by the Burns Institute demonstrate that San Francisco has far more to do.”\u003c/p>\n\u003cp>Deputy Public Defender Chris Hite also called for improving racial diversity within the criminal justice system. “It is not unusual for me to go to trial, and see in the jury pool when I’m representing an African-American male or female, not a single black person in the voir dire [jury pool]. Sometimes, there’ll be one or two, and they may not even get called as an opportunity to serve on the jury.”\u003c/p>\n\u003cp>The analysis, which is included in full at the bottom of this post, also found:\u003c/p>\n\u003cul>\n\u003cli>“Rates of arrest are higher for black adults than white adults for every category of criminal offense.”\u003c/li>\n\u003cli>“Booking rates for black and Latino adults have increased over the past three years, while booking rates for white adults have decreased.”\u003c/li>\n\u003cli>“The top three residence Zip codes of black adults booked into County Jail were: 94102 (includes the Tenderloin), 94124 (Bayview-Hunters Point), and 94103 (South of Market).”\u003c/li>\n\u003cli>“Black adults in San Francisco (in the general population) are 10 times as likely as white adults in San Francisco (in the general population) to have a conviction in court.”\u003c/li>\n\u003c/ul>\n\u003cp>Calls to the Reentry Council and the Burns Institute were not immediately returned.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/269412258/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_22763\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Although African-Americans represent just 6 percent of San Francisco’s adult population, they are seven times as likely as whites to be arrested, according to a report slated for release Tuesday.\u003c/p>\n\u003cp>The report, produced for a city and county advisory council, revealed wide disparities in arrest, booking and conviction rates. It also found that black adults in San Francisco were 11 times as likely to be booked into county jail and over 10 times as likely to be convicted of a crime.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='”100%”' height='”166″'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/211705883″&visual=true&”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false”'\n title='”https://api.soundcloud.com/tracks/211705883″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Speaking at a June 23 news conference, San Francisco Public Defender Jeff Adachi described it as “a damning report” and called for the disparities to be addressed.\u003c/p>\n\u003cp>“You would think that in San Francisco, where we have a very progressive reputation, that our treatment, particularly of people of color, would be much better but … it’s actually much worse than other parts of the state,” Adachi said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco Reentry Council, which coordinates local efforts to help adults released from the county jail, commissioned the report in November 2014. It was produced by the W. Haywood Burns Institute, a nonprofit organization working to reduce racial and ethnic disparities in the criminal justice system.\u003c/p>\n\u003cp>The institute’s analysis, based on 2013 data, indicated that even as the city’s demographics shifted and overall arrest rates declined, the gap in arrest rates grew between African-American and white adults in San Francisco.\u003c/p>\n\u003cp>According to the report, 40 percent of people arrested, 44 percent of people booked into county jail and 40 percent of people convicted are African-American adults.\u003c/p>\n\u003cp>San Francisco Supervisor Jane Kim, who also spoke at the news conference, has been working with Adachi’s office on initiatives aimed at addressing systematic inequality.\u003c/p>\n\u003cp>Across the board, Kim said, “Arrests rates are going down. Violent crime is going down. … But reports like the one that’s being released today by the Burns Institute demonstrate that San Francisco has far more to do.”\u003c/p>\n\u003cp>Deputy Public Defender Chris Hite also called for improving racial diversity within the criminal justice system. “It is not unusual for me to go to trial, and see in the jury pool when I’m representing an African-American male or female, not a single black person in the voir dire [jury pool]. Sometimes, there’ll be one or two, and they may not even get called as an opportunity to serve on the jury.”\u003c/p>\n\u003cp>The analysis, which is included in full at the bottom of this post, also found:\u003c/p>\n\u003cul>\n\u003cli>“Rates of arrest are higher for black adults than white adults for every category of criminal offense.”\u003c/li>\n\u003cli>“Booking rates for black and Latino adults have increased over the past three years, while booking rates for white adults have decreased.”\u003c/li>\n\u003cli>“The top three residence Zip codes of black adults booked into County Jail were: 94102 (includes the Tenderloin), 94124 (Bayview-Hunters Point), and 94103 (South of Market).”\u003c/li>\n\u003cli>“Black adults in San Francisco (in the general population) are 10 times as likely as white adults in San Francisco (in the general population) to have a conviction in court.”\u003c/li>\n\u003c/ul>\n\u003cp>Calls to the Reentry Council and the Burns Institute were not immediately returned.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/269412258/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_22763\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Court to Hear SFPD Racist Texting Case, Officers Back on Paid Leave",
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"content": "\u003cp>Nine San Francisco police officers facing various levels of discipline for their involvement in a bigoted \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">text messages\u003c/a> scandal will remain on paid leave while their petition to halt the city's action against them makes its way through San Francisco Superior Court, a judge ordered Monday.\u003c/p>\n\u003cp>The San Francisco Police Commission had started preliminary hearings to determine whether the city would be violating a 1-year statute of limitations by punishing the officers, several of whom \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">faced being fired\u003c/a>, according to one of their attorneys.\u003c/p>\n\u003cp>But Officer Rain Daugherty and eight others \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">petitioned the court\u003c/a> May 12 to halt the Police Commission proceedings. Their petition argues that the Police Department was in possession of the text messages since late 2012, but did not investigate them until early 2015.\u003c/p>\n\u003cp>Deputy City Attorney Kenneth Walczak said the court was \"reaching down to a commission and usurping jurisdiction.\" He said the court should have waited until the Police Commission imposed any discipline before hearing the case.\u003c/p>\n\u003cp>\"It's the wrong time,\" he argued before Judge Ernest Goldsmith, \"too late to have avoided the Commission's exercise of jurisdiction and too early for the Commission to have imposed discipline.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco Examiner \u003ca href=\"http://www.sfexaminer.com/case-of-sfpd-officers-in-racist-text-message-scandal-on-hold/\" target=\"_blank\">reported\u003c/a> last week that officers who were suspended had been back on paid leave since May 18, when Goldsmith granted a temporary stay of Police Commission proceedings. He extended that stay Monday until the statute of limitations issue is settled.\u003c/p>\n\u003cp>The court won't be deciding anything about who sent which text or whether the content of any message betrayed character unfit for that of a police officer. Instead, this case centers on whether the officers can even be disciplined in 2015 for conduct discovered in 2012.\u003c/p>\n\u003cp>The city argues the 1-year time limit for police discipline under state law \"tolled,\" or paused, while a federal investigation that uncovered the texts was underway. But the city has yet to produce evidence that police officials were barred from acting.\u003c/p>\n\u003cp>Attorney Alison Berry Wilkinson, who represents Daugherty, said the Superior Court will give her tools unavailable before the Police Commission.\u003c/p>\n\u003cp>\"We are dependent upon the Police Department for the information it gathered and is willing to share with us in the Police Commission forum,\" she told reporters outside the courtroom. \"In the Superior Court, we have the access to subpoenas, depositions and other mechanisms that will give us a greater picture of what actually happened than the narrow one the Police Department wants us to see.\"\u003c/p>\n\u003cp>Wilkinson said she will seek documentation from the Northern California U.S. Attorney's Office and others in an effort to \"establish the specific date on which the city obtained the text messages at issue, as well as who knew what when and why did they not start the investigation sooner.\"\u003c/p>\n\u003cp>Judge Ernest Goldsmith also ordered that any filing in the case that could disclose the officers' disciplinary records or other protected personnel information be filed under seal. The judge denied without prejudice -- meaning the issue could be revisited -- the officers' request that court proceedings be closed to the public.\u003c/p>\n\u003cp>Walczak said the secrecy of the court filings could be an inappropriate restriction on freedom of the press.\u003c/p>\n\u003cp>Coming from the city, that argument held little sway with Goldsmith, who asked, \"This is all about freedom of information? Is that it?\"\u003c/p>\n\u003cp>\"One could invoke -- I'm not sure if it's a legal principle, but -- what's sauce for the goose is sauce for the gander,\" he said from the bench. \"Usually it's the city that's invoking this, that everything is confidential regarding peace officers.\"\u003c/p>\n\u003cp>In a written statement, the City Attorney's Office expressed disappointment at \"the unprecedented step of staying and assuming control over a Police Commission disciplinary proceeding, which was already underway.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A hearing date is tentatively scheduled for Sept. 3.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nine San Francisco police officers facing various levels of discipline for their involvement in a bigoted \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">text messages\u003c/a> scandal will remain on paid leave while their petition to halt the city's action against them makes its way through San Francisco Superior Court, a judge ordered Monday.\u003c/p>\n\u003cp>The San Francisco Police Commission had started preliminary hearings to determine whether the city would be violating a 1-year statute of limitations by punishing the officers, several of whom \u003ca href=\"http://ww2.kqed.org/news/2015/04/03/sfpd-suspends-eight-officers-in-text-messaging-scandal\" target=\"_blank\">faced being fired\u003c/a>, according to one of their attorneys.\u003c/p>\n\u003cp>But Officer Rain Daugherty and eight others \u003ca href=\"http://ww2.kqed.org/news/2015/05/12/s-f-officers-accused-in-text-messaging-scandal-ask-judge-to-stop-firings\" target=\"_blank\">petitioned the court\u003c/a> May 12 to halt the Police Commission proceedings. Their petition argues that the Police Department was in possession of the text messages since late 2012, but did not investigate them until early 2015.\u003c/p>\n\u003cp>Deputy City Attorney Kenneth Walczak said the court was \"reaching down to a commission and usurping jurisdiction.\" He said the court should have waited until the Police Commission imposed any discipline before hearing the case.\u003c/p>\n\u003cp>\"It's the wrong time,\" he argued before Judge Ernest Goldsmith, \"too late to have avoided the Commission's exercise of jurisdiction and too early for the Commission to have imposed discipline.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco Examiner \u003ca href=\"http://www.sfexaminer.com/case-of-sfpd-officers-in-racist-text-message-scandal-on-hold/\" target=\"_blank\">reported\u003c/a> last week that officers who were suspended had been back on paid leave since May 18, when Goldsmith granted a temporary stay of Police Commission proceedings. He extended that stay Monday until the statute of limitations issue is settled.\u003c/p>\n\u003cp>The court won't be deciding anything about who sent which text or whether the content of any message betrayed character unfit for that of a police officer. Instead, this case centers on whether the officers can even be disciplined in 2015 for conduct discovered in 2012.\u003c/p>\n\u003cp>The city argues the 1-year time limit for police discipline under state law \"tolled,\" or paused, while a federal investigation that uncovered the texts was underway. But the city has yet to produce evidence that police officials were barred from acting.\u003c/p>\n\u003cp>Attorney Alison Berry Wilkinson, who represents Daugherty, said the Superior Court will give her tools unavailable before the Police Commission.\u003c/p>\n\u003cp>\"We are dependent upon the Police Department for the information it gathered and is willing to share with us in the Police Commission forum,\" she told reporters outside the courtroom. \"In the Superior Court, we have the access to subpoenas, depositions and other mechanisms that will give us a greater picture of what actually happened than the narrow one the Police Department wants us to see.\"\u003c/p>\n\u003cp>Wilkinson said she will seek documentation from the Northern California U.S. Attorney's Office and others in an effort to \"establish the specific date on which the city obtained the text messages at issue, as well as who knew what when and why did they not start the investigation sooner.\"\u003c/p>\n\u003cp>Judge Ernest Goldsmith also ordered that any filing in the case that could disclose the officers' disciplinary records or other protected personnel information be filed under seal. The judge denied without prejudice -- meaning the issue could be revisited -- the officers' request that court proceedings be closed to the public.\u003c/p>\n\u003cp>Walczak said the secrecy of the court filings could be an inappropriate restriction on freedom of the press.\u003c/p>\n\u003cp>Coming from the city, that argument held little sway with Goldsmith, who asked, \"This is all about freedom of information? Is that it?\"\u003c/p>\n\u003cp>\"One could invoke -- I'm not sure if it's a legal principle, but -- what's sauce for the goose is sauce for the gander,\" he said from the bench. \"Usually it's the city that's invoking this, that everything is confidential regarding peace officers.\"\u003c/p>\n\u003cp>In a written statement, the City Attorney's Office expressed disappointment at \"the unprecedented step of staying and assuming control over a Police Commission disciplinary proceeding, which was already underway.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A hearing date is tentatively scheduled for Sept. 3.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "10 Emails That Detail PG&E’s Cozy Relationship With Regulators",
"title": "10 Emails That Detail PG&E’s Cozy Relationship With Regulators",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>n the years since the September 2010 natural gas pipeline explosion that killed eight people in San Bruno, the relationship between pipeline operator Pacific Gas and Electric Co. and high-ranking officials at the California Public Utilities Commission has come under intense scrutiny, undermining public trust in the state agency tasked with ensuring safe pipeline operations.\u003c/p>\n\u003cp>State prosecutors and a federal grand jury are currently zeroing in on alleged improper ties between PG&E and top state regulators. \u003ca href=\"http://ww2.kqed.org/news/2015/01/29/report-former-cpuc-chief-targeted-in-state-probe\" target=\"_blank\">State investigators\u003c/a> acting on a search warrant earlier this year seized iPhones, a laptop and bank statements from the residence of former CPUC President Michael Peevey and took similar items from the home of PG&E's former Vice President of Regulatory Affairs, Brian Cherry, all on suspicion of felony activity relating to a judge-shopping scandal brought to light by email records.\u003c/p>\n\u003cp>Those exchanges were made public in the wake of civil litigation brought on behalf of San Bruno, when a judge ordered PG&E to release records consisting of some 65,000 emails and 123,000 documents.\u003c/p>\n\u003caside class=\"alignright pullquote\">A PG&E executive and CPUC official were on 2,369 of the same email threads using their official email addresses — that’s an average of 11 times a week.\u003c/aside>\n\u003cp>KQED has taken a detailed look into this correspondence, which reveals in granular detail the familiar relationships between key decision-makers and PG&E executives that lasted well beyond the San Bruno incident. There are multiple instances of Peevey arranging to meet with Cherry for holiday visits that involved sipping wine — a keyword search of the email records for the words “pinot” or “cabernet,” for example, yielded 16 separate items.\u003c/p>\n\u003cp>But two of the closest confidants were Cherry and then-CPUC Executive Director Paul Clanon. The collection of documents provided by PG&E shows that between 2010 and 2014, Cherry and Clanon were on 2,369 of the same email threads using their official email addresses -- that's an average of 11 times a week.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Although some of these emails were sent years ago, an attempt to force a cultural change at the CPUC is only now making its way through the California Legislature. In an attempt to reform CPUC operations, the Senate recently approved \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=ccfbe52d6f35026fdd9d2a7e2414?bill_id=201520160SB660\" target=\"_blank\">SB 660\u003c/a>, a bill that would overhaul decision-making processes and restrict private exchanges.\u003c/p>\n\u003cp>In an interview with KQED, CPUC President Michael Picker said that the agency read every email released, conducted legal reviews and went through the state personnel process when breaches occurred.\u003c/p>\n\u003cp>The agency focused on correspondence from about 80 people below the level of commissioner. Some individuals left the CPUC prior to or during the review. The agency determined that action was not warranted against 54 of the people who remained on staff. CPUC spokeswoman Constance Gordon said \"individuals whose emails raised more serious issues\" -- the agency won't say how many -- received \"counseling memos\" or \"letters of correction.\" The agency also held a staff training in appropriate email decorum in April.\u003c/p>\n\u003cp>\"The challenge is that we are built for a different era, we were built in a time before emails,\" Picker said. \"Emails tend toward much more casual relationships. That’s a problem because when you start to get at a certain level of casualness, then you can slide into other kinds of ethical breaches.\"\u003c/p>\n\u003cp>Picker said that communications between PG&E staff and CPUC employees are currently banned for procedural cases. However, he said, the two staffs must be able to talk to each other.\u003c/p>\n\u003cp>\"We can’t do our jobs. We can’t guarantee that the electric system, the gas system work properly, we can’t make sure that people are being protected against unsafe infrastructure unless we are always in communication with the utilities. So if we’re not in contact with PG&E that’s as big of a problem and maybe a larger problem then some of the improper comportment,\" he said.\u003c/p>\n\u003cp>PG&E fired Cherry, as well as Senior Vice President of Regulatory Affairs Tom Bottorff and Vice President of Regulatory Proceedings Trina Horner, following the company's internal investigation into the emails.\u003c/p>\n\u003cp>PG&E spokesman Nick Stimmel \u003ca href=\"https://www.scribd.com/doc/269092248/CPUC-and-PG-E-Emails-PG-E-Statement-to-KQED\" target=\"_blank\">wrote in a statement\u003c/a>: \"With respect to the email issue, we have produced tens of thousands of emails voluntarily and in response to regulatory and legal requirements and we continue to cooperate with all investigations. In the meantime, we will let the content of the emails speak for themselves; we are not going to speculate about motivations or the actions of people who are no longer in roles with the CPUC or the company or about events that may or may not have occurred.\"\u003c/p>\n\u003cp>Below we highlight 10 email exchanges that demonstrate just how cozy ties between regulators and the regulated have been in day-to-day CPUC operations.\u003c/p>\n\u003cp>Read the emails\u003c/p>\n\u003ctable>\n\u003ctbody>\n\u003ctr>\n\u003ctd>1) \u003cstrong>\u003ca href=\"#controlRoom\">“The Control Room Audit”\u003c/a>\u003c/strong> Sept. 14, 2011\u003cbr>\n2) \u003cstrong>\u003ca href=\"#angels\">“Charlie’s Angels”\u003c/a>\u003c/strong> Oct. 18, 2011\u003cbr>\n3) \u003cstrong>\u003ca href=\"#seaRanch\">“Sea Ranch over Thanksgiving”\u003c/a>\u003c/strong> Nov. 24, 2010\u003cbr>\n4) \u003cstrong>\u003ca href=\"#Jellystone\">“How was Jellystone?”\u003c/a>\u003c/strong> Sept. 12, 2010\u003cbr>\n5) \u003cstrong>\u003ca href=\"#anyThoughts\">“Any thoughts – non-attributed of course?”\u003c/a>\u003c/strong> Oct. 20, 2010\u003c/td>\n\u003ctd>6) \u003cstrong>\u003ca href=\"#parallelUniverses\">“We live in parallel universes…”\u003c/a>\u003c/strong> January 10, 2011\u003cbr>\n7) \u003cstrong>\u003ca href=\"#investorRelations\">“Investor relations”\u003c/a>\u003c/strong> Sept. 26, 2011\u003cbr>\n8)\u003cstrong>\u003ca href=\"#happyBirthday\"> “Happy Birthday!”\u003c/a>\u003c/strong> Sept. 16, 2010\u003cbr>\n9) \u003cstrong>\u003ca href=\"#jerryBrown\">“Get this info to [Jerry] Brown”\u003c/a>\u003c/strong> January 11, 2011\u003cbr>\n10) \u003cstrong>\u003ca href=\"#prozac\">“Prozac might be a solution!”\u003c/a>\u003c/strong> June 4, 2010\u003cbr>\n\u003cstrong>\u003ca href=\"#whatHappened\">Where Are They Now?\u003c/a>\u003c/strong>\u003c/td>\n\u003c/tr>\n\u003c/tbody>\n\u003c/table>\n\u003cp>\u003cstrong>1) \u003ca name=\"controlRoom\">\u003c/a>“The Control Room Audit” -- Sept. 14, 2011\u003c/strong>\u003c/p>\n\u003cp>In the aftermath of the pipeline rupture that caused the San Bruno explosion, PG&E’s control room management became a focal point for safety improvement.\u003c/p>\n\u003cp>Natural gas pipelines may traverse thousands of miles. In a control room, pressure and flow across the underground network are monitored remotely. The federal Pipeline and Hazardous Materials Safety Administration moved to amend federal pipeline safety regulations in the months after San Bruno, imposing tougher regulations on control room operations.\u003c/p>\n\u003cp>But according to an email from PG&E’s Brian Cherry to CPUC’s then-Executive Director Paul Clanon, dated Sept. 14, 2011, the company encountered “some pressing problems” relating to a “control room audit.” Accordingly, Cherry wondered whether Clanon would be willing to “focus elsewhere.”\u003c/p>\n\u003cfigure id=\"attachment_10568616\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-e1434683321797.jpg\">\u003cimg class=\"size-medium wp-image-10568616\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-800x619.jpg\" alt=\"In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier.\" width=\"800\" height=\"619\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Paul – hope you are enjoying yourself in Jellystone but stay away from the wayward bison,” Cherry wrote. “I received a request from Nick [Stavropoulos, PG&E’s executive vice president of gas operations] and Chris [Johns, president of PG&E] … to seek your advice and counsel on the control room audit.\u003c/p>\n\u003cp>“Nick and Chris know we have problems in this area and would like you to focus elsewhere for the moment so that we can address some pressing problems. … Nick stated that you once offered to help out in any way you could if the Commission was becoming an obstacle to us getting the work done.”\u003c/p>\n\u003cp>A formal letter sent to Clanon about two weeks later on PG&E stationary shows the company was preparing for a visit from an independent consultant hired by the CPUC to inspect control-room operations. This audit was conducted to ensure compliance with federal rules. So was PG&E granted a delay? CPUC spokeswoman Constance Gordon said she could not comment on Clanon’s email directly, since he no longer works at the CPUC.\u003c/p>\n\u003cp>Commission President Michael Picker, who replaced Peevey after he stepped down last year, said that he could not comment directly on the contents of the email, either, since he was unfamiliar with the audit. However, he said, \"No one’s ever asked me to focus elsewhere. Chances are that would make me want to focus more.\"\u003c/p>\n\u003cp>Reached by phone, Clanon declined to comment.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089045/content?start_page=1&view_mode=scroll&access_key=key-LCWXLFaD7vmtymd0YBHr&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_25733\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>2) \u003ca name=\"angels\">\u003c/a>“Charlie’s Angels” -- Oct. 18, 2011\u003c/strong>\u003c/p>\n\u003cp>On Oct. 18, 2011, PG&E’s Brian Cherry forwarded CPUC President Mike Peevey an email attachment with the note “FYI.” It was a letter from Rep. Jackie Speier to U.S. Department of Transportation Secretary Ray LaHood, urging LaHood to require natural gas operators to remove from their networks a kind of plastic pipe, Aldyl-A, which is prone to cracking. PG&E has 1,231 miles of the pipe in its system.\u003c/p>\n\u003cp>Roughly six weeks earlier, \u003ca href=\"http://www.sfgate.com/news/article/Plastic-natural-gas-pipe-failure-data-kept-secret-2308629.php\" target=\"_blank\">a Cupertino condominium had been destroyed\u003c/a>, in an explosion and fire caused by a gas leak due to a cracked fitting in a plastic Aldyl-A pipe. When it investigated the cause of the blast, PG&E found six other plastic pipe failures near the blast site, records show.\u003c/p>\n\u003cfigure id=\"attachment_10568615\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg\">\u003cimg class=\"size-medium wp-image-10568615\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg\" alt=\"Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-960x639.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg 1100w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011. \u003ccite>(Courtesy Bernardus Lodge & Spa)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In response to Cherry's email, Peevey thanked Cherry for the update. Then the CPUC president moved onto another topic.\u003c/p>\n\u003cp>“See you for dinner Sunday night,” he wrote. “Where and when? Are you bringing Charlie's Angels too?”\u003c/p>\n\u003cp>Cherry responded: “7:30 at Marinus in the Bernardus Lodge in the Carmel Valley. About 20 minutes or so from Monterey but well worth the drive. We can make it earlier if you wish.”\u003c/p>\n\u003cp>He added, “Some angels may attend.”\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\">\u003cimg class=\"aligncenter size-full wp-image-10568675\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\" alt=\"angelstext\" width=\"796\" height=\"357\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext-400x179.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003c/p>\n\u003cp>\"Sunday night\" would have marked the start of the annual meeting of the The Conference of California Public Utility Counsel (CCPUC) at the Monterey Plaza Hotel. The nonprofit organization, which describes itself on the web as a “non-profit mutual benefit corporation,” has representatives from PG&E and other utilities on its board of directors. According to the \u003ca href=\"http://www.ccpuc.org/Past_Events?action=setup_form&formID=57\" target=\"_blank\">conference agenda\u003c/a>, Peevey was scheduled to speak at the conference on Monday, Oct. 24, 2011.\u003c/p>\n\u003cp>The conference itinerary shows that the evening activity on Sunday, Oct. 23 was a group activity –- attendees would be treated to a “reception and strolling dinner” at the Monterey Bay Aquarium from 7 to 9:30 p.m. But this email thread suggests Peevey and Cherry had other plans. The Bernardus Lodge & Spa is a luxury facility often booked for off-site corporate retreats, according to its website.\u003c/p>\n\u003cp>While it’s unclear who, or what, the men were referring to when they discussed whether “Charlie’s Angels” would attend, at the very least the detail illustrates close enough ties for them to share a mutual understanding about a coded phrase. Attempts to reach Cherry and Peevey by phone were unsuccessful.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090620/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_59557\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>3) \u003ca name=\"seaRanch\">\u003c/a>“Sea Ranch over Thanksgiving” -- Nov. 24, 2010\u003c/strong>\u003c/p>\n\u003cp>On Nov. 24, 2010, about six weeks after the San Bruno pipeline explosion, PG&E’s Brian Cherry emailed CPUC President Mike Peevey with some good news -- plus an invitation.\u003c/p>\n\u003cfigure id=\"attachment_10568674\" class=\"wp-caption aligncenter\" style=\"max-width: 796px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\">\u003cimg class=\"size-full wp-image-10568674\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\" alt=\"“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\" width=\"796\" height=\"260\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext-400x131.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\u003c/figcaption>\u003c/figure>\n\u003cp>Less than an hour later, Peevey responded. “Thanks for the offer but all tied up with family. Next time.”\u003c/p>\n\u003cp>Records show that while Peevey at that time declined Cherry’s invitation to the Sonoma County vacation spot, he took him up on similar offers on other occasions. The men shared “\u003ca href=\"http://www.latimes.com/business/la-fi-puc-scandal-20141009-story.html\" target=\"_blank\">two bottles of good pinot\u003c/a>” over Memorial Day weekend in 2010, for example, while they discussed renewable energy, gas rate increases and a ballot measure campaign.\u003c/p>\n\u003cp>Meanwhile, “Manzana” refers to PG&E’s proposed \u003ca href=\"http://www.pge.com/about/newsroom/newsreleases/20091203/pge_agrees_to_purchase_and_operate_major_california_wind_energy_project.shtml\" target=\"_blank\">Manzana Wind Project\u003c/a> in Kern County’s Tehachapi region, a $911 million, 246-megawatt renewable energy project that PG&E proposed in late 2009 and was then before the commission for approval. The California Department of Fish and Wildlife had reviewed the project’s environmental impacts out of concern that the wind turbines \u003ca href=\"http://www.forbes.com/sites/toddwoody/2012/01/04/revival-of-iconic-california-condor-threatens-states-wind-farm-boom/\" target=\"_blank\">could kill endangered California condors\u003c/a>.\u003c/p>\n\u003cp>Earlier that year, Cherry had emailed Peevey with information from PG&E’s investor relations division, citing a report from a Deutsche Bank financial analyst about the Manzana project. “Analysts are tracking Manzana … closely,” that email noted, with bankers considering it one of “the largest upcoming cases for the rest of the year.”\u003c/p>\n\u003cp>However, the Manzana project never came to fruition. An independent review by the CPUC’s Division of Ratepayer Advocates ultimately found that the wind project would have left customers bearing “significant risk and an unreasonable price tag.” The commission ultimately denied PG&E’s application.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091741/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_58078\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>4) \u003ca name=\"Jellystone\">\u003c/a>“Can you guys help me with this?” -- Sept. 12, 2010\u003c/strong>\u003c/p>\n\u003cp>Only three days had passed since the fatal San Bruno pipeline explosion. With images of the blaze still fresh in the media, the CPUC issued a press release to outline its planned response.\u003c/p>\n\u003cp>State and federal investigations were already underway. In an open memo, then-CPUC President Michael Peevey directed then-Executive Director Paul Clanon to compel PG&E to survey its lines for gas leaks. He demanded an inquiry into PG&E’s spending on pipeline safety and promised, “We are taking immediate action.”\u003c/p>\n\u003cp>But that same afternoon, Peevey emailed Clanon with a different request entirely.\u003c/p>\n\u003cp>“First thing tomorrow,” he wrote, “See if you can schedule Darbee and Johns in my office at 2 PM Thursday.”\u003c/p>\n\u003cp>He was referring to PG&E's then-CEO Peter Darbee and then-President Chris Johns. Clanon immediately forwarded the request to two PG&E executives, including Vice President of Regulatory Affairs Brian Cherry, asking, “Can you guys help me with this?”\u003c/p>\n\u003cfigure id=\"attachment_10568681\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion.jpg\">\u003cimg class=\"size-medium wp-image-10568681\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion-800x534.jpg\" alt=\"Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno. \u003ccite>(Max Whittaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Under many circumstances, a meeting between Peevey, a key decision-maker, and PG&E’s top brass about a matter under investigation would be a violation of state regulations designed to ensure fair dealing.\u003c/p>\n\u003cp>Under state law, contact between decision-makers and interested parties held outside the formal public process are known as ex parte communications. Whether they take the form of face-to-face meetings, texts or emails, these communications are subject to detailed regulations. And when a formal investigation is involved -- designated as an “adjudicatory proceeding” since commissioners act in the capacity of a judge -- no ex parte contact is allowed.\u003c/p>\n\u003cp>Nevertheless, CPUC spokesperson Constance Gordon told KQED that this particular meeting did not violate ex parte rules.\u003c/p>\n\u003cp>“The investigation that began immediately following PG&E’s pipeline rupture was a staff investigation,” Gordon said, “not a formal investigation opened by a vote of the Commissioners,” which came later. “As such, ex parte rules would not apply.”\u003c/p>\n\u003cp>After the meeting arrangements were made, Clanon switched to a lighter topic: “How was Jellystone?” he asked Cherry, a possible reference to Yellowstone National Park.\u003c/p>\n\u003cp>“Amazing,” Cherry responded. “Saw so much wildlife. But it snowed the other day and I brought shorts!”\u003c/p>\n\u003cp>Cherry urged Clanon to plan his own vacation there. Meanwhile not 72 hours had passed since the fatal San Bruno pipeline explosion.\u003c/p>\n\u003cp>“Things keep coming up at my work,” Clanon responded.\u003c/p>\n\u003cp>“Uh. Yes,” Cherry shot back. “You have a challenging job. Guess that’s why they pay you the big bucks.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090271/content?start_page=1&view_mode=scroll&access_key=key-GgrivqLXfuWWWUDiHNXu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_42402\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>5) \u003ca name=\"anyThoughts\">\u003c/a>“Any thoughts – non-attributed of course?” — Oct. 20, 2010\u003c/strong>\u003c/p>\n\u003cp>Four years worth of emails show that former PG&E executive\u003cbr>\nBrian Cherry and former CPUC Executive Director Paul Clanon consulted with each other hundreds of times. While the below emails are not illegal, they are good examples of how Cherry and Clanon often bounced ideas off of each other or problem-solved together. On Oct. 20, 2010, Clanon wrote to Cherry:\u003c/p>\n\u003cp>“What are we going to do about the San Bruno demand that the pipeline be moved? I can certainly understand on the human level why they'd want that, even though it might not make a lot of operational or design sense.”\u003c/p>\n\u003cp>Cherry responded, “We are struggling with that. There are a couple different re-routes ... Between you and me, I think we should repair 132 temporarily while offering up a longer-term solution involving re-routing. … Any thoughts - non-attributed of course ?”\u003c/p>\n\u003cp>Clanon did have an idea on how PG&E could “frame” moving the pipeline.\u003c/p>\n\u003cp>“I think the way to frame the pipe-replacement issue is not to think of it as Line 132, but to think of it as, what, two or three miles?”\u003c/p>\n\u003cp>The next week, then-PG&E President Chris Johns \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/339C7284-F731-46B1-BB51-8A1D86B3BE0A/0/20101027134941.pdf\" target=\"_blank\">released a statement\u003c/a> pledging to move the pipeline.\u003c/p>\n\u003cp>The section of Line 132 that exploded was not repaired in the end. PG&E \u003ca href=\"http://www.rebuildcrestmoor.org/files/managed/Document/221/Line%20132_109%20Alignment.pdf\" target=\"_blank\">rerouted\u003c/a> the transmission line so that the gas now flows through Line 109 at San Andreas Station and returns to Line 132 at Healy Station, both in San Bruno.\u003c/p>\n\u003caside class=\"alignright pullquote\">'Any thoughts — non-attributed of course?'\u003cbr>\n\u003ccite>Former PG&E executive Brian Cherry\u003c/cite>\u003c/aside>\n\u003cp>The CPUC had ordered PG&E to examine shutoff valves. In the same email, Cherry said that the agency had identified more than 200 valves that needed to be replaced. However, he was concerned that there would be a public outcry if he released that number.\u003c/p>\n\u003cp>“If we tell you the number of valves that have been identified and don't have these kinds of estimates, everyone will demand immediate replacement - which just can't be done for a variety of reasons.”\u003c/p>\n\u003cp>Clanon responded to Cherry: “Yeah, cost and time estimates for the valves are crucial.”\u003c/p>\n\u003cp>PG&E's lack of automatic shutoff valves had come under scrutiny by federal officials at the time. National Transportation Safety Board officials found that it took the utility almost 95 minutes to shut off the gas rushing from the ruptured San Bruno pipeline.\u003c/p>\n\u003cp>Keith Slibasager, PG&E’s gas system operations manager, testified during the NTSB’s public hearing on the San Bruno explosion that the company could have cut the gas within 20 minutes if the utility had installed automatic valves.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.ntsb.gov/investigations/AccidentReports/Reports/PAR1101.pdf\" target=\"_blank\">2006 PG&E memo\u003c/a> shows that PG&E considered installing automatic safety valves, but did not. A PG&E senior gas-consulting engineer, Chi-hung Lee Sr., wrote in the memo that he found most of the damage from a pipeline explosion occurs within 30 seconds.\u003c/p>\n\u003cp>The engineer later testified at the NTSB hearing that his research was limited. The Pipeline and Hazardous Materials Safety Administration and other safety groups had reached different conclusions about shutoff valves. Federal safety officials have suggested, but not required, the use of automatic shutoff valves since 1999. PG&E officials acknowledged at the hearing that after Lee's memo they made no effort to further install the valves.\u003c/p>\n\u003cp>Since the San Bruno explosion, PG&E has installed 208 automated valves that the utility can shut off remotely from a control room and 14 automatic shutoff valves that can shut themselves off in areas where transmission pipelines cross major fault lines.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090994/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_43929\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>6) \u003ca name=\"paralellUniverses\">\u003c/a>“We live in parallel universes…” — Jan. 10, 2011\u003c/strong>\u003c/p>\n\u003cp>In 2008, PG&E purposely boosted pressure on the San Bruno natural gas line to 400 pounds per square inch, the maximum legal limit. Normally, the line ran at 375 psi.\u003c/p>\n\u003cp>The next time the pressure on that gas line exceeded 375 psi was on Sept. 9, 2010, when a malfunction spiked the pressure to 386 psi, coinciding with the deadly explosion in San Bruno killing eight people and destroying 28 homes.\u003c/p>\n\u003cp>PG&E later said they increased the pressure in 2008 under a mistaken understanding of federal law. The utility believed that to maintain the ability to run gas at 400 psi, the legal limit, they needed to do so once every five years.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-surge-may-have-stressed-San-Bruno-line-in-08-2478734.php\" target=\"_blank\">San Francisco Chronicle investigation\u003c/a> published on Jan. 9, 2011, revealed that the earlier pressure surge could have weakened the pipeline.\u003c/p>\n\u003cp>PG&E and CPUC officials referenced the story the next day, Jan. 10. At 9:35 a.m. Paul Clanon, then-executive director of the California Public Utilities Commission, wrote to senior CPUC staff asking about the spike:\u003c/p>\n\u003cp>“The Chronicle's story on the 2008 temporary rise in pressure on Line 132 to 400 psi doesn't match what I've heard. What are the facts? Is it standard practice or not to raise pressure up to MAOP [maximum allowable operating pressure] to preserve the maximum? Is 2008 really the only time PG&E has raised pressure on that line above 375 until the explosion?”\u003c/p>\n\u003cp>About 30 minutes later he contacted former PG&E executive Brian Cherry: “What are your guys saying about the facts in the Chron story yesterday? Contradicted my understanding of the rules, anyway.”\u003c/p>\n\u003cfigure id=\"attachment_10568621\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-e1434683647732.jpg\">\u003cimg class=\"size-medium wp-image-10568621\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-800x602.jpg\" alt=\"Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \" width=\"800\" height=\"602\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Two minutes later Cherry shared his confusion: “Not sure. Let me follow up. I was under the same understanding.”\u003c/p>\n\u003cp>Clanon wrote back at 10:48: “Our guys are doing the same thing, and you and I can triangulate.”\u003c/p>\n\u003cp>It is not standard practice for utilities to raise pressure on transmission lines, and federal law requires utilities to conduct a costly inspection on any pipeline when the pressure exceeds the maximum limit. PG&E had not conducted such an inspection, nor did Clanon ask if they had in the emails released.\u003c/p>\n\u003cp>By 4:53 p.m. Cherry and Clanon began to be concerned that neither PG&E nor CPUC staff could come up with an answer about whether such pressure spiking on a gas line was a normal practice. The two sympathized with each other.\u003c/p>\n\u003cp>Clanon wrote Cherry: “Nothing back yet?” Cherry responded “Nothing yet…” and later “We live in parallel universes.”\u003c/p>\n\u003cp>About an hour later, Clanon had received research from CPUC staff and wanted to run it by Cherry:\u003c/p>\n\u003cp>“Here's what I get from my people. You agree? Follows: PG&E raises the pressure in transmission lines to MAOP once every five years based on its conservative interpretation of 192.917(e)(4)…”\u003c/p>\n\u003cp>The next day, \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-halts-intentional-gas-line-pressure-spikes-2478613.php\" target=\"_blank\">a Chronicle story\u003c/a> included a statement from a PG&E spokesperson that was very similar to what Clanon had written. “PG&E initially said it had conducted the pressure test on the San Bruno line to ‘preserve’ the pipe's legal capacity, saying federal law required it. A spokesman later backtracked and conceded there was no such requirement.”\u003c/p>\n\u003cp>CPUC spokesperson Constance Gordon says that Clanon and Cherry were discussing each other's understanding of the rules, so \"if PG&E had a different understanding than that of CPUC staff the issue could be further discussed.\"\u003c/p>\n\u003cp>The Utility Reform Network is one of PG&E’s sharpest critics. TURN spokesperson Mindy Spatt said such conversations are concerning.\u003c/p>\n\u003cp>\"Well, it’s a question of whether the commission should be a watchdog or a lapdog. A watchdog would say, wait a minute PG&E what’s going on here? And a lapdog would say, let’s coordinate our message.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089050/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_86669\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>7) \u003ca name=\"investorRelations\">\u003c/a>“Investor relations” — Sept. 26, 2011\u003c/strong>\u003c/p>\n\u003cp>An email exchange between Commissioner Mark Ferron and PG&E’s Brian Cherry shows Ferron sought advice from PG&E on which Wall Street analysts he should meet with privately on a trip to New York.\u003c/p>\n\u003cp>“Mark,” Cherry wrote to Ferron in a Sept. 26, 2011 email, “Commissioner Florio was over at PG&E the other day and mentioned that you might need some help meeting with the buy and sell side analysts in New York. If you are interested, Gabe Togneri, our VP of Investor Relations, would be happy to reach out to some of them and have them sponsor a meeting. Our only role would be to make the contact. The analysts would sponsor the meetings themselves and you would meet with them privately.”\u003c/p>\n\u003cp>Ferron responded: “[PG&E CEO] Tony Earley … highlighted Dan Ford at Barclays Capital as a thought leader worthwhile meeting if I can find the time. Who else might Gabe recommend?”\u003c/p>\n\u003cp>While there’s no record here of Ferron discussing the proposed San Bruno penalty with Ford, the Barclays analyst was clearly focused on that question.\u003c/p>\n\u003cp>In September 2012, Ford authored a report noting that PG&E would have difficulty raising $2.2 billion in equity to cover the expected San Bruno fine amount. (The actual penalty amount, finally determined on April 9 this year, was set at $1.6 billion.)\u003c/p>\n\u003cp>And in \u003ca href=\"http://www.ocregister.com/articles/california-530091-puc-state.html\" target=\"_blank\">a report authored by Ferron\u003c/a>, made public in October 2013, the commissioner related investors’ concerns that levying too large a fine against PG&E would cause them to view California as a “capital-unfriendly, ‘banana republic.’” That could lead to an increase in the cost of financing capital for utilities, warned Ferron, who had worked at Deutsche Bank prior to being appointed as a commissioner in March 2011.\u003c/p>\n\u003cp>Ferron stepped down as a commissioner in 2014, citing health problems. CPUC spokesperson Constance Gordon said she was unable to offer comment on emails sent by individuals who no longer worked at the commission. Attempts to reach Ferron were unsuccessful.\u003c/p>\n\u003cp>The question as to whether commissioners had inappropriate ex parte communications with Wall Street analysts was raised in a brief filed by the CPUC’s Division of Ratepayer Advocates. (Since renamed Office of Ratepayer Advocates).\u003c/p>\n\u003cp>“Some, if not all, of the financial industry representatives who reported discussing the San Bruno investigations with Commission offices represent firms or clients with a financial interest in PG&E Corporation,” the CPUC’s consumer advocacy branch pointed out. “The size of the fine and other penalties the Commission may impose in the San Bruno Investigations is a substantive issue in all three [CPUC] investigations.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089048/content?start_page=1&view_mode=scroll&access_key=key-Mn9jh61Mxr2k4WEJWObu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_86425\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>8) \u003ca name=\"happyBirthday\">\u003c/a>“Happy Birthday!” — Sept. 16, 2010\u003c/strong>\u003c/p>\n\u003cp>It was 7 a.m. on Sept. 16, 2010, one week after the San Bruno pipeline explosion. CPUC executive director Paul Clanon emailed PG&E’s Brian Cherry with a simple message in the subject line: “Happy Birthday!”\u003c/p>\n\u003cp>“Thanks,” Cherry replied. He shared his birthday wish. “I’d love a nice muzzle for Mark Toney.”\u003c/p>\n\u003cp>Mark Toney is executive director of The Utility Reform Network (TURN), a leading critic of PG&E.\u003c/p>\n\u003cfigure id=\"attachment_10568624\" class=\"wp-caption alignleft\" style=\"max-width: 600px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\">\u003cimg class=\"size-full wp-image-10568624\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\" alt=\"Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director.\" width=\"600\" height=\"420\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney.jpg 600w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney-400x280.jpg 400w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director. \u003ccite>(Courtesy The Utility Reform Network)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As for why Cherry would have wanted a “muzzle” for Toney, TURN spokesperson Mindy Spatt told KQED that Toney had issued a public statement about customer safety just before this exchange took place.\u003c/p>\n\u003cp>“He was saying: Demand that PG&E put customer safety first – that is the message that PG&E wanted muzzled, a message that said ‘no more San Brunos,’” Spatt said.\u003c/p>\n\u003cp>On Sept. 15, Cherry had emailed Clanon to tell him then-PG&E CEO Peter Darbee believed “TURN’s behavior \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-targeted-critics-after-San-Bruno-blast-6054156.php\" target=\"_blank\">has bordered on the irresponsible\u003c/a>.” He wondered whether the CPUC would be willing to make a statement publicly discounting TURN’s claims. While it’s not clear from the emails how Clanon reacted to this request, his email reply to Cherry was: “Call me when you can.”\u003c/p>\n\u003cp>“It was actually six days after the fatal San Bruno explosion that Brian Cherry referred to TURN’s behavior as irresponsible,” Spatt said when asked about this. “His company has just killed eight people and incinerated an entire neighborhood.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090899/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_38056\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>9) \u003ca href=\"jerryBrown\">“Get this info to Brown”\u003c/a> -- Jan. 11, 2011\u003c/strong>\u003c/p>\n\u003cp>While it’s obvious why a major utility company would be concerned that its stock had been downgraded, it’s not as clear why a commissioner would care. Upon learning about a financial downgrade, then-CPUC president Michael Peevey recommended that PG&E find a way to indirectly alert Gov. Jerry Brown, who was then in the process of determining new commission appointments.\u003c/p>\n\u003cp>The email thread begins Jan. 11, 2011, when PG&E’s Brian Cherry forwarded Peevey a message from PG&E’s investor relations division about a financial analyst’s report.\u003c/p>\n\u003cp>“Citigroup downgraded … PG&E,” the email explained. The note showed that analysts feared “uncertainty and potential shifting dynamics in the regulatory arena.”\u003c/p>\n\u003cp>In response, Peevey wrote in an email to Cherry: “You should find a way to get this info to Brown as he makes his decisions on Commissioners ASAP. Probably best coming from a non-utility source, such as investment banker(s).”\u003c/p>\n\u003cp>When asked why Peevey would provide this advice, CPUC spokesperson Constance Gordon responded, “The questions you’ve asked involve individuals who are no longer with the CPUC, so we cannot ask them your questions.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091157/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_69098\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>10. \u003ca href=\"prozac\">“Prozac might be a solution!”\u003c/a> -- June 4, 2010\u003c/strong>\u003c/p>\n\u003cp>PG&E officials had no idea what they were getting into when the utility began installing smart meters in California in 2006. Smart meters are a critical component of the \"smart grid” -- the devices track energy usage and transmit data back to customers and utilities, with the goal of reducing electricity consumption and distributing power more efficiently across the electric grid.\u003c/p>\n\u003cp>Smart meters faced an almost \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/03/10/the-backlash-against-smartmeters/\" target=\"_blank\">immediate backlash\u003c/a>. Users first complained that the devices gave artificially high readings. Later the \u003ca href=\"https://www.scribd.com/doc/269092309/Smart-Meter-Investigation-Findings-by-CPUC\" target=\"_blank\">CPUC found\u003c/a> that about 1,480 meters inaccurately recorded electricity consumption in ambient temperatures ranging from 100– 115 degrees Fahrenheit due to a defective chip. Nevertheless, \u003ca href=\"http://docs.cpuc.ca.gov/EFILE/RULINGS/122935.PDF\" target=\"_blank\">a study\u003c/a> conducted by an independent consultant, The Structure Group, determined that the meters generally functioned as intended.\u003c/p>\n\u003cp>Next, consumer advocacy groups, including TURN, \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/06/13/dumbfounded-by-smartmeters/\" target=\"_blank\">raised concerns\u003c/a> that the meters would harm people like seniors who sometimes have no choice but to run their air conditioners in the sweltering Central Valley. TURN also noted that with smart meters, PG&E could simply turn off people’s power if they couldn’t keep up with the bills. Privacy advocates expressed concern about utilities gaining access to information about their use of personal home appliances.\u003c/p>\n\u003cfigure id=\"attachment_10568672\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\">\u003cimg class=\"size-full wp-image-10568672\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\" alt=\"A sign from a smart meter protest in 2010.\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A sign from a smart meter protest in 2010. \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The biggest battle over smart meters, though, centered on electromagnetic fields (EMFs) emitted by smart meters. The possible health effects of EMFs have been a subject of debate since the \u003ca href=\"http://content.time.com/time/magazine/article/0,9171,918076,00.html\" target=\"_blank\">Cold War\u003c/a>, and fear has intensified in the wireless age with the introduction of countless devices that emit EMFs, such as cellphones, laptops and Wi-Fi routers.\u003c/p>\n\u003cp>\u003ca href=\"http://www.cancer.gov/about-cancer/causes-prevention/risk/radiation/magnetic-fields-fact-sheet\" target=\"_blank\">The National Institutes of Health’s National Cancer Institute\u003c/a> says that “several early epidemiologic studies raised the possibility of an association between certain cancers, especially childhood cancers, and ELF-EMFs. Most subsequent studies have not shown such an association.”\u003c/p>\n\u003cp>Unlike high-energy radiation emitted from devices like X-rays, low-energy emissions from devices like smart meters cannot damage DNA or cells directly, the NIH writes. \u003ca href=\"http://www.who.int/peh-emf/research/en/\" target=\"_blank\">The World Health Organization concluded\u003c/a> that low-energy emissions cause “no substantive health issues.” Smart-meter emissions are 60 times lower than the federal health guidelines.\u003c/p>\n\u003cp>EMF activists remain concerned, however, about the accumulated exposure people face from being surrounded by so many low-emission devices. And they’ve flooded the CPUC and PG&E with complaints.\u003c/p>\n\u003cp>By June 4, 2010, Carol Brown, then-CPUC President Michael Peevey’s chief-of-staff, wanted an answer for the people contacting her about EMFs. She wrote to then-PG&E executive Brian Cherry: “So far I have done OK just listening to the sad tales of EMF poisoning - and telling them thank you for bringing it to our attention - but then not offering them any solution!!! I just wanted to have a resource in case! Have a nice weekend.”\u003c/p>\n\u003cp>Cherry responded: “Prozac might be a solution!”\u003c/p>\n\u003cp>In the meantime, cities, including San Francisco, began petitioning the CPUC to make smart meters optional.\u003c/p>\n\u003cp>Peevey recommended to Cherry in an email in September 2010 that PG&E consider making the meters optional:\u003c/p>\n\u003cp>“One thought for the company: If it were my decision I would let anyone who wants to keep their old meter keep it, if they claim they suffer from EMF and/or related electronic-related illnesses and they can produce a doctor's letter saying so (or expressing concern about the likelihood of suffering same). I would institute such a policy quietly and solely on an individual basis. There really are people who feel pain, etc., related to EMF, etc., and rather than have them becoming hysterical, etc., I would quietly leave them alone. Kick it around. And, it sounds like the company may already have taken this step, based on a couple of the comments at yesterday's public hearing.”\u003c/p>\n\u003cp>Cherry said that he would consider it: “I do worry that this policy, no matter how discrete (sic) we try to make it, will surface and town councils and cities in our territory will ask for similar treatment. That said, we will take the matter up and get back to you with our feedback.”\u003c/p>\n\u003cp>In March 2011, PG&E proposed allowing smart meter users to opt out. The CPUC approved that plan in February 2012. Customers who opt out of the program must pay an initial fee and monthly charge.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089051/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_26891\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca name=\"whatHappened\">\u003c/a>Where Are They Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Brian Cherry\u003c/strong>, PG&E’s vice president of regulatory affairs, was fired from PG&E in September of 2014, after inappropriate email exchanges came to light.\u003c/p>\n\u003cp>\u003cstrong>Thomas Bottorff\u003c/strong>, PG&E’s senior vice president of regulatory affairs and Cherry’s boss, was fired along with Cherry. According to a San Jose Mercury News article he was to receive a severance payment totaling more than $1 million.\u003c/p>\n\u003cp>\u003cstrong>Chris Johns\u003c/strong>, president of PG&E, \u003ca href=\"http://ww2.kqed.org/news/2015/05/27/pge-president-to-retire-as-utility-faces-mounting-scrutiny\" target=\"_blank\">announced several weeks\u003c/a> ago that he would retire by the end of the year.\u003c/p>\n\u003cp>\u003cstrong>Michael Peevey\u003c/strong>, president of the California Public Utilities Commission, stepped down from his role after his term came to an end in December of 2014. Peevey came under fire for inappropriate email exchanges.\u003c/p>\n\u003cp>\u003cstrong>Paul Clanon\u003c/strong>, executive director of the California Public Utilities Commission, announced at the end of December that he would retire to study music.\u003c/p>\n\u003cp>\u003cstrong>Mark Ferron\u003c/strong>, former commissioner at the California Public Utilities Commission, resigned in December of 2014 due to health problems.\u003c/p>\n\u003cp>\u003cstrong>Carol Brown\u003c/strong>, former commission president Peevey’s chief of staff, stepped down in the wake of revelations that she had agreed to intervene on a judge appointment for a case involving PG&E. Despite news reports that she might return to the agency as an administrative law judge, a CPUC spokesperson confirmed to KQED that Brown has retired.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Michael Florio\u003c/strong>, who was also entangled in the judge-shopping scandal, remains as a commissioner at the California Public Utilities Commission.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>n the years since the September 2010 natural gas pipeline explosion that killed eight people in San Bruno, the relationship between pipeline operator Pacific Gas and Electric Co. and high-ranking officials at the California Public Utilities Commission has come under intense scrutiny, undermining public trust in the state agency tasked with ensuring safe pipeline operations.\u003c/p>\n\u003cp>State prosecutors and a federal grand jury are currently zeroing in on alleged improper ties between PG&E and top state regulators. \u003ca href=\"http://ww2.kqed.org/news/2015/01/29/report-former-cpuc-chief-targeted-in-state-probe\" target=\"_blank\">State investigators\u003c/a> acting on a search warrant earlier this year seized iPhones, a laptop and bank statements from the residence of former CPUC President Michael Peevey and took similar items from the home of PG&E's former Vice President of Regulatory Affairs, Brian Cherry, all on suspicion of felony activity relating to a judge-shopping scandal brought to light by email records.\u003c/p>\n\u003cp>Those exchanges were made public in the wake of civil litigation brought on behalf of San Bruno, when a judge ordered PG&E to release records consisting of some 65,000 emails and 123,000 documents.\u003c/p>\n\u003caside class=\"alignright pullquote\">A PG&E executive and CPUC official were on 2,369 of the same email threads using their official email addresses — that’s an average of 11 times a week.\u003c/aside>\n\u003cp>KQED has taken a detailed look into this correspondence, which reveals in granular detail the familiar relationships between key decision-makers and PG&E executives that lasted well beyond the San Bruno incident. There are multiple instances of Peevey arranging to meet with Cherry for holiday visits that involved sipping wine — a keyword search of the email records for the words “pinot” or “cabernet,” for example, yielded 16 separate items.\u003c/p>\n\u003cp>But two of the closest confidants were Cherry and then-CPUC Executive Director Paul Clanon. The collection of documents provided by PG&E shows that between 2010 and 2014, Cherry and Clanon were on 2,369 of the same email threads using their official email addresses -- that's an average of 11 times a week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although some of these emails were sent years ago, an attempt to force a cultural change at the CPUC is only now making its way through the California Legislature. In an attempt to reform CPUC operations, the Senate recently approved \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=ccfbe52d6f35026fdd9d2a7e2414?bill_id=201520160SB660\" target=\"_blank\">SB 660\u003c/a>, a bill that would overhaul decision-making processes and restrict private exchanges.\u003c/p>\n\u003cp>In an interview with KQED, CPUC President Michael Picker said that the agency read every email released, conducted legal reviews and went through the state personnel process when breaches occurred.\u003c/p>\n\u003cp>The agency focused on correspondence from about 80 people below the level of commissioner. Some individuals left the CPUC prior to or during the review. The agency determined that action was not warranted against 54 of the people who remained on staff. CPUC spokeswoman Constance Gordon said \"individuals whose emails raised more serious issues\" -- the agency won't say how many -- received \"counseling memos\" or \"letters of correction.\" The agency also held a staff training in appropriate email decorum in April.\u003c/p>\n\u003cp>\"The challenge is that we are built for a different era, we were built in a time before emails,\" Picker said. \"Emails tend toward much more casual relationships. That’s a problem because when you start to get at a certain level of casualness, then you can slide into other kinds of ethical breaches.\"\u003c/p>\n\u003cp>Picker said that communications between PG&E staff and CPUC employees are currently banned for procedural cases. However, he said, the two staffs must be able to talk to each other.\u003c/p>\n\u003cp>\"We can’t do our jobs. We can’t guarantee that the electric system, the gas system work properly, we can’t make sure that people are being protected against unsafe infrastructure unless we are always in communication with the utilities. So if we’re not in contact with PG&E that’s as big of a problem and maybe a larger problem then some of the improper comportment,\" he said.\u003c/p>\n\u003cp>PG&E fired Cherry, as well as Senior Vice President of Regulatory Affairs Tom Bottorff and Vice President of Regulatory Proceedings Trina Horner, following the company's internal investigation into the emails.\u003c/p>\n\u003cp>PG&E spokesman Nick Stimmel \u003ca href=\"https://www.scribd.com/doc/269092248/CPUC-and-PG-E-Emails-PG-E-Statement-to-KQED\" target=\"_blank\">wrote in a statement\u003c/a>: \"With respect to the email issue, we have produced tens of thousands of emails voluntarily and in response to regulatory and legal requirements and we continue to cooperate with all investigations. In the meantime, we will let the content of the emails speak for themselves; we are not going to speculate about motivations or the actions of people who are no longer in roles with the CPUC or the company or about events that may or may not have occurred.\"\u003c/p>\n\u003cp>Below we highlight 10 email exchanges that demonstrate just how cozy ties between regulators and the regulated have been in day-to-day CPUC operations.\u003c/p>\n\u003cp>Read the emails\u003c/p>\n\u003ctable>\n\u003ctbody>\n\u003ctr>\n\u003ctd>1) \u003cstrong>\u003ca href=\"#controlRoom\">“The Control Room Audit”\u003c/a>\u003c/strong> Sept. 14, 2011\u003cbr>\n2) \u003cstrong>\u003ca href=\"#angels\">“Charlie’s Angels”\u003c/a>\u003c/strong> Oct. 18, 2011\u003cbr>\n3) \u003cstrong>\u003ca href=\"#seaRanch\">“Sea Ranch over Thanksgiving”\u003c/a>\u003c/strong> Nov. 24, 2010\u003cbr>\n4) \u003cstrong>\u003ca href=\"#Jellystone\">“How was Jellystone?”\u003c/a>\u003c/strong> Sept. 12, 2010\u003cbr>\n5) \u003cstrong>\u003ca href=\"#anyThoughts\">“Any thoughts – non-attributed of course?”\u003c/a>\u003c/strong> Oct. 20, 2010\u003c/td>\n\u003ctd>6) \u003cstrong>\u003ca href=\"#parallelUniverses\">“We live in parallel universes…”\u003c/a>\u003c/strong> January 10, 2011\u003cbr>\n7) \u003cstrong>\u003ca href=\"#investorRelations\">“Investor relations”\u003c/a>\u003c/strong> Sept. 26, 2011\u003cbr>\n8)\u003cstrong>\u003ca href=\"#happyBirthday\"> “Happy Birthday!”\u003c/a>\u003c/strong> Sept. 16, 2010\u003cbr>\n9) \u003cstrong>\u003ca href=\"#jerryBrown\">“Get this info to [Jerry] Brown”\u003c/a>\u003c/strong> January 11, 2011\u003cbr>\n10) \u003cstrong>\u003ca href=\"#prozac\">“Prozac might be a solution!”\u003c/a>\u003c/strong> June 4, 2010\u003cbr>\n\u003cstrong>\u003ca href=\"#whatHappened\">Where Are They Now?\u003c/a>\u003c/strong>\u003c/td>\n\u003c/tr>\n\u003c/tbody>\n\u003c/table>\n\u003cp>\u003cstrong>1) \u003ca name=\"controlRoom\">\u003c/a>“The Control Room Audit” -- Sept. 14, 2011\u003c/strong>\u003c/p>\n\u003cp>In the aftermath of the pipeline rupture that caused the San Bruno explosion, PG&E’s control room management became a focal point for safety improvement.\u003c/p>\n\u003cp>Natural gas pipelines may traverse thousands of miles. In a control room, pressure and flow across the underground network are monitored remotely. The federal Pipeline and Hazardous Materials Safety Administration moved to amend federal pipeline safety regulations in the months after San Bruno, imposing tougher regulations on control room operations.\u003c/p>\n\u003cp>But according to an email from PG&E’s Brian Cherry to CPUC’s then-Executive Director Paul Clanon, dated Sept. 14, 2011, the company encountered “some pressing problems” relating to a “control room audit.” Accordingly, Cherry wondered whether Clanon would be willing to “focus elsewhere.”\u003c/p>\n\u003cfigure id=\"attachment_10568616\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-e1434683321797.jpg\">\u003cimg class=\"size-medium wp-image-10568616\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-800x619.jpg\" alt=\"In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier.\" width=\"800\" height=\"619\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Paul – hope you are enjoying yourself in Jellystone but stay away from the wayward bison,” Cherry wrote. “I received a request from Nick [Stavropoulos, PG&E’s executive vice president of gas operations] and Chris [Johns, president of PG&E] … to seek your advice and counsel on the control room audit.\u003c/p>\n\u003cp>“Nick and Chris know we have problems in this area and would like you to focus elsewhere for the moment so that we can address some pressing problems. … Nick stated that you once offered to help out in any way you could if the Commission was becoming an obstacle to us getting the work done.”\u003c/p>\n\u003cp>A formal letter sent to Clanon about two weeks later on PG&E stationary shows the company was preparing for a visit from an independent consultant hired by the CPUC to inspect control-room operations. This audit was conducted to ensure compliance with federal rules. So was PG&E granted a delay? CPUC spokeswoman Constance Gordon said she could not comment on Clanon’s email directly, since he no longer works at the CPUC.\u003c/p>\n\u003cp>Commission President Michael Picker, who replaced Peevey after he stepped down last year, said that he could not comment directly on the contents of the email, either, since he was unfamiliar with the audit. However, he said, \"No one’s ever asked me to focus elsewhere. Chances are that would make me want to focus more.\"\u003c/p>\n\u003cp>Reached by phone, Clanon declined to comment.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089045/content?start_page=1&view_mode=scroll&access_key=key-LCWXLFaD7vmtymd0YBHr&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_25733\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>2) \u003ca name=\"angels\">\u003c/a>“Charlie’s Angels” -- Oct. 18, 2011\u003c/strong>\u003c/p>\n\u003cp>On Oct. 18, 2011, PG&E’s Brian Cherry forwarded CPUC President Mike Peevey an email attachment with the note “FYI.” It was a letter from Rep. Jackie Speier to U.S. Department of Transportation Secretary Ray LaHood, urging LaHood to require natural gas operators to remove from their networks a kind of plastic pipe, Aldyl-A, which is prone to cracking. PG&E has 1,231 miles of the pipe in its system.\u003c/p>\n\u003cp>Roughly six weeks earlier, \u003ca href=\"http://www.sfgate.com/news/article/Plastic-natural-gas-pipe-failure-data-kept-secret-2308629.php\" target=\"_blank\">a Cupertino condominium had been destroyed\u003c/a>, in an explosion and fire caused by a gas leak due to a cracked fitting in a plastic Aldyl-A pipe. When it investigated the cause of the blast, PG&E found six other plastic pipe failures near the blast site, records show.\u003c/p>\n\u003cfigure id=\"attachment_10568615\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg\">\u003cimg class=\"size-medium wp-image-10568615\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg\" alt=\"Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-960x639.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg 1100w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011. \u003ccite>(Courtesy Bernardus Lodge & Spa)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In response to Cherry's email, Peevey thanked Cherry for the update. Then the CPUC president moved onto another topic.\u003c/p>\n\u003cp>“See you for dinner Sunday night,” he wrote. “Where and when? Are you bringing Charlie's Angels too?”\u003c/p>\n\u003cp>Cherry responded: “7:30 at Marinus in the Bernardus Lodge in the Carmel Valley. About 20 minutes or so from Monterey but well worth the drive. We can make it earlier if you wish.”\u003c/p>\n\u003cp>He added, “Some angels may attend.”\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\">\u003cimg class=\"aligncenter size-full wp-image-10568675\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\" alt=\"angelstext\" width=\"796\" height=\"357\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext-400x179.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003c/p>\n\u003cp>\"Sunday night\" would have marked the start of the annual meeting of the The Conference of California Public Utility Counsel (CCPUC) at the Monterey Plaza Hotel. The nonprofit organization, which describes itself on the web as a “non-profit mutual benefit corporation,” has representatives from PG&E and other utilities on its board of directors. According to the \u003ca href=\"http://www.ccpuc.org/Past_Events?action=setup_form&formID=57\" target=\"_blank\">conference agenda\u003c/a>, Peevey was scheduled to speak at the conference on Monday, Oct. 24, 2011.\u003c/p>\n\u003cp>The conference itinerary shows that the evening activity on Sunday, Oct. 23 was a group activity –- attendees would be treated to a “reception and strolling dinner” at the Monterey Bay Aquarium from 7 to 9:30 p.m. But this email thread suggests Peevey and Cherry had other plans. The Bernardus Lodge & Spa is a luxury facility often booked for off-site corporate retreats, according to its website.\u003c/p>\n\u003cp>While it’s unclear who, or what, the men were referring to when they discussed whether “Charlie’s Angels” would attend, at the very least the detail illustrates close enough ties for them to share a mutual understanding about a coded phrase. Attempts to reach Cherry and Peevey by phone were unsuccessful.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090620/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_59557\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>3) \u003ca name=\"seaRanch\">\u003c/a>“Sea Ranch over Thanksgiving” -- Nov. 24, 2010\u003c/strong>\u003c/p>\n\u003cp>On Nov. 24, 2010, about six weeks after the San Bruno pipeline explosion, PG&E’s Brian Cherry emailed CPUC President Mike Peevey with some good news -- plus an invitation.\u003c/p>\n\u003cfigure id=\"attachment_10568674\" class=\"wp-caption aligncenter\" style=\"max-width: 796px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\">\u003cimg class=\"size-full wp-image-10568674\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\" alt=\"“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\" width=\"796\" height=\"260\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext-400x131.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\u003c/figcaption>\u003c/figure>\n\u003cp>Less than an hour later, Peevey responded. “Thanks for the offer but all tied up with family. Next time.”\u003c/p>\n\u003cp>Records show that while Peevey at that time declined Cherry’s invitation to the Sonoma County vacation spot, he took him up on similar offers on other occasions. The men shared “\u003ca href=\"http://www.latimes.com/business/la-fi-puc-scandal-20141009-story.html\" target=\"_blank\">two bottles of good pinot\u003c/a>” over Memorial Day weekend in 2010, for example, while they discussed renewable energy, gas rate increases and a ballot measure campaign.\u003c/p>\n\u003cp>Meanwhile, “Manzana” refers to PG&E’s proposed \u003ca href=\"http://www.pge.com/about/newsroom/newsreleases/20091203/pge_agrees_to_purchase_and_operate_major_california_wind_energy_project.shtml\" target=\"_blank\">Manzana Wind Project\u003c/a> in Kern County’s Tehachapi region, a $911 million, 246-megawatt renewable energy project that PG&E proposed in late 2009 and was then before the commission for approval. The California Department of Fish and Wildlife had reviewed the project’s environmental impacts out of concern that the wind turbines \u003ca href=\"http://www.forbes.com/sites/toddwoody/2012/01/04/revival-of-iconic-california-condor-threatens-states-wind-farm-boom/\" target=\"_blank\">could kill endangered California condors\u003c/a>.\u003c/p>\n\u003cp>Earlier that year, Cherry had emailed Peevey with information from PG&E’s investor relations division, citing a report from a Deutsche Bank financial analyst about the Manzana project. “Analysts are tracking Manzana … closely,” that email noted, with bankers considering it one of “the largest upcoming cases for the rest of the year.”\u003c/p>\n\u003cp>However, the Manzana project never came to fruition. An independent review by the CPUC’s Division of Ratepayer Advocates ultimately found that the wind project would have left customers bearing “significant risk and an unreasonable price tag.” The commission ultimately denied PG&E’s application.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091741/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_58078\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>4) \u003ca name=\"Jellystone\">\u003c/a>“Can you guys help me with this?” -- Sept. 12, 2010\u003c/strong>\u003c/p>\n\u003cp>Only three days had passed since the fatal San Bruno pipeline explosion. With images of the blaze still fresh in the media, the CPUC issued a press release to outline its planned response.\u003c/p>\n\u003cp>State and federal investigations were already underway. In an open memo, then-CPUC President Michael Peevey directed then-Executive Director Paul Clanon to compel PG&E to survey its lines for gas leaks. He demanded an inquiry into PG&E’s spending on pipeline safety and promised, “We are taking immediate action.”\u003c/p>\n\u003cp>But that same afternoon, Peevey emailed Clanon with a different request entirely.\u003c/p>\n\u003cp>“First thing tomorrow,” he wrote, “See if you can schedule Darbee and Johns in my office at 2 PM Thursday.”\u003c/p>\n\u003cp>He was referring to PG&E's then-CEO Peter Darbee and then-President Chris Johns. Clanon immediately forwarded the request to two PG&E executives, including Vice President of Regulatory Affairs Brian Cherry, asking, “Can you guys help me with this?”\u003c/p>\n\u003cfigure id=\"attachment_10568681\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion.jpg\">\u003cimg class=\"size-medium wp-image-10568681\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion-800x534.jpg\" alt=\"Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno. \u003ccite>(Max Whittaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Under many circumstances, a meeting between Peevey, a key decision-maker, and PG&E’s top brass about a matter under investigation would be a violation of state regulations designed to ensure fair dealing.\u003c/p>\n\u003cp>Under state law, contact between decision-makers and interested parties held outside the formal public process are known as ex parte communications. Whether they take the form of face-to-face meetings, texts or emails, these communications are subject to detailed regulations. And when a formal investigation is involved -- designated as an “adjudicatory proceeding” since commissioners act in the capacity of a judge -- no ex parte contact is allowed.\u003c/p>\n\u003cp>Nevertheless, CPUC spokesperson Constance Gordon told KQED that this particular meeting did not violate ex parte rules.\u003c/p>\n\u003cp>“The investigation that began immediately following PG&E’s pipeline rupture was a staff investigation,” Gordon said, “not a formal investigation opened by a vote of the Commissioners,” which came later. “As such, ex parte rules would not apply.”\u003c/p>\n\u003cp>After the meeting arrangements were made, Clanon switched to a lighter topic: “How was Jellystone?” he asked Cherry, a possible reference to Yellowstone National Park.\u003c/p>\n\u003cp>“Amazing,” Cherry responded. “Saw so much wildlife. But it snowed the other day and I brought shorts!”\u003c/p>\n\u003cp>Cherry urged Clanon to plan his own vacation there. Meanwhile not 72 hours had passed since the fatal San Bruno pipeline explosion.\u003c/p>\n\u003cp>“Things keep coming up at my work,” Clanon responded.\u003c/p>\n\u003cp>“Uh. Yes,” Cherry shot back. “You have a challenging job. Guess that’s why they pay you the big bucks.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090271/content?start_page=1&view_mode=scroll&access_key=key-GgrivqLXfuWWWUDiHNXu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_42402\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>5) \u003ca name=\"anyThoughts\">\u003c/a>“Any thoughts – non-attributed of course?” — Oct. 20, 2010\u003c/strong>\u003c/p>\n\u003cp>Four years worth of emails show that former PG&E executive\u003cbr>\nBrian Cherry and former CPUC Executive Director Paul Clanon consulted with each other hundreds of times. While the below emails are not illegal, they are good examples of how Cherry and Clanon often bounced ideas off of each other or problem-solved together. On Oct. 20, 2010, Clanon wrote to Cherry:\u003c/p>\n\u003cp>“What are we going to do about the San Bruno demand that the pipeline be moved? I can certainly understand on the human level why they'd want that, even though it might not make a lot of operational or design sense.”\u003c/p>\n\u003cp>Cherry responded, “We are struggling with that. There are a couple different re-routes ... Between you and me, I think we should repair 132 temporarily while offering up a longer-term solution involving re-routing. … Any thoughts - non-attributed of course ?”\u003c/p>\n\u003cp>Clanon did have an idea on how PG&E could “frame” moving the pipeline.\u003c/p>\n\u003cp>“I think the way to frame the pipe-replacement issue is not to think of it as Line 132, but to think of it as, what, two or three miles?”\u003c/p>\n\u003cp>The next week, then-PG&E President Chris Johns \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/339C7284-F731-46B1-BB51-8A1D86B3BE0A/0/20101027134941.pdf\" target=\"_blank\">released a statement\u003c/a> pledging to move the pipeline.\u003c/p>\n\u003cp>The section of Line 132 that exploded was not repaired in the end. PG&E \u003ca href=\"http://www.rebuildcrestmoor.org/files/managed/Document/221/Line%20132_109%20Alignment.pdf\" target=\"_blank\">rerouted\u003c/a> the transmission line so that the gas now flows through Line 109 at San Andreas Station and returns to Line 132 at Healy Station, both in San Bruno.\u003c/p>\n\u003caside class=\"alignright pullquote\">'Any thoughts — non-attributed of course?'\u003cbr>\n\u003ccite>Former PG&E executive Brian Cherry\u003c/cite>\u003c/aside>\n\u003cp>The CPUC had ordered PG&E to examine shutoff valves. In the same email, Cherry said that the agency had identified more than 200 valves that needed to be replaced. However, he was concerned that there would be a public outcry if he released that number.\u003c/p>\n\u003cp>“If we tell you the number of valves that have been identified and don't have these kinds of estimates, everyone will demand immediate replacement - which just can't be done for a variety of reasons.”\u003c/p>\n\u003cp>Clanon responded to Cherry: “Yeah, cost and time estimates for the valves are crucial.”\u003c/p>\n\u003cp>PG&E's lack of automatic shutoff valves had come under scrutiny by federal officials at the time. National Transportation Safety Board officials found that it took the utility almost 95 minutes to shut off the gas rushing from the ruptured San Bruno pipeline.\u003c/p>\n\u003cp>Keith Slibasager, PG&E’s gas system operations manager, testified during the NTSB’s public hearing on the San Bruno explosion that the company could have cut the gas within 20 minutes if the utility had installed automatic valves.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.ntsb.gov/investigations/AccidentReports/Reports/PAR1101.pdf\" target=\"_blank\">2006 PG&E memo\u003c/a> shows that PG&E considered installing automatic safety valves, but did not. A PG&E senior gas-consulting engineer, Chi-hung Lee Sr., wrote in the memo that he found most of the damage from a pipeline explosion occurs within 30 seconds.\u003c/p>\n\u003cp>The engineer later testified at the NTSB hearing that his research was limited. The Pipeline and Hazardous Materials Safety Administration and other safety groups had reached different conclusions about shutoff valves. Federal safety officials have suggested, but not required, the use of automatic shutoff valves since 1999. PG&E officials acknowledged at the hearing that after Lee's memo they made no effort to further install the valves.\u003c/p>\n\u003cp>Since the San Bruno explosion, PG&E has installed 208 automated valves that the utility can shut off remotely from a control room and 14 automatic shutoff valves that can shut themselves off in areas where transmission pipelines cross major fault lines.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090994/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_43929\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>6) \u003ca name=\"paralellUniverses\">\u003c/a>“We live in parallel universes…” — Jan. 10, 2011\u003c/strong>\u003c/p>\n\u003cp>In 2008, PG&E purposely boosted pressure on the San Bruno natural gas line to 400 pounds per square inch, the maximum legal limit. Normally, the line ran at 375 psi.\u003c/p>\n\u003cp>The next time the pressure on that gas line exceeded 375 psi was on Sept. 9, 2010, when a malfunction spiked the pressure to 386 psi, coinciding with the deadly explosion in San Bruno killing eight people and destroying 28 homes.\u003c/p>\n\u003cp>PG&E later said they increased the pressure in 2008 under a mistaken understanding of federal law. The utility believed that to maintain the ability to run gas at 400 psi, the legal limit, they needed to do so once every five years.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-surge-may-have-stressed-San-Bruno-line-in-08-2478734.php\" target=\"_blank\">San Francisco Chronicle investigation\u003c/a> published on Jan. 9, 2011, revealed that the earlier pressure surge could have weakened the pipeline.\u003c/p>\n\u003cp>PG&E and CPUC officials referenced the story the next day, Jan. 10. At 9:35 a.m. Paul Clanon, then-executive director of the California Public Utilities Commission, wrote to senior CPUC staff asking about the spike:\u003c/p>\n\u003cp>“The Chronicle's story on the 2008 temporary rise in pressure on Line 132 to 400 psi doesn't match what I've heard. What are the facts? Is it standard practice or not to raise pressure up to MAOP [maximum allowable operating pressure] to preserve the maximum? Is 2008 really the only time PG&E has raised pressure on that line above 375 until the explosion?”\u003c/p>\n\u003cp>About 30 minutes later he contacted former PG&E executive Brian Cherry: “What are your guys saying about the facts in the Chron story yesterday? Contradicted my understanding of the rules, anyway.”\u003c/p>\n\u003cfigure id=\"attachment_10568621\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-e1434683647732.jpg\">\u003cimg class=\"size-medium wp-image-10568621\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-800x602.jpg\" alt=\"Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \" width=\"800\" height=\"602\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Two minutes later Cherry shared his confusion: “Not sure. Let me follow up. I was under the same understanding.”\u003c/p>\n\u003cp>Clanon wrote back at 10:48: “Our guys are doing the same thing, and you and I can triangulate.”\u003c/p>\n\u003cp>It is not standard practice for utilities to raise pressure on transmission lines, and federal law requires utilities to conduct a costly inspection on any pipeline when the pressure exceeds the maximum limit. PG&E had not conducted such an inspection, nor did Clanon ask if they had in the emails released.\u003c/p>\n\u003cp>By 4:53 p.m. Cherry and Clanon began to be concerned that neither PG&E nor CPUC staff could come up with an answer about whether such pressure spiking on a gas line was a normal practice. The two sympathized with each other.\u003c/p>\n\u003cp>Clanon wrote Cherry: “Nothing back yet?” Cherry responded “Nothing yet…” and later “We live in parallel universes.”\u003c/p>\n\u003cp>About an hour later, Clanon had received research from CPUC staff and wanted to run it by Cherry:\u003c/p>\n\u003cp>“Here's what I get from my people. You agree? Follows: PG&E raises the pressure in transmission lines to MAOP once every five years based on its conservative interpretation of 192.917(e)(4)…”\u003c/p>\n\u003cp>The next day, \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-halts-intentional-gas-line-pressure-spikes-2478613.php\" target=\"_blank\">a Chronicle story\u003c/a> included a statement from a PG&E spokesperson that was very similar to what Clanon had written. “PG&E initially said it had conducted the pressure test on the San Bruno line to ‘preserve’ the pipe's legal capacity, saying federal law required it. A spokesman later backtracked and conceded there was no such requirement.”\u003c/p>\n\u003cp>CPUC spokesperson Constance Gordon says that Clanon and Cherry were discussing each other's understanding of the rules, so \"if PG&E had a different understanding than that of CPUC staff the issue could be further discussed.\"\u003c/p>\n\u003cp>The Utility Reform Network is one of PG&E’s sharpest critics. TURN spokesperson Mindy Spatt said such conversations are concerning.\u003c/p>\n\u003cp>\"Well, it’s a question of whether the commission should be a watchdog or a lapdog. A watchdog would say, wait a minute PG&E what’s going on here? And a lapdog would say, let’s coordinate our message.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089050/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_86669\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>7) \u003ca name=\"investorRelations\">\u003c/a>“Investor relations” — Sept. 26, 2011\u003c/strong>\u003c/p>\n\u003cp>An email exchange between Commissioner Mark Ferron and PG&E’s Brian Cherry shows Ferron sought advice from PG&E on which Wall Street analysts he should meet with privately on a trip to New York.\u003c/p>\n\u003cp>“Mark,” Cherry wrote to Ferron in a Sept. 26, 2011 email, “Commissioner Florio was over at PG&E the other day and mentioned that you might need some help meeting with the buy and sell side analysts in New York. If you are interested, Gabe Togneri, our VP of Investor Relations, would be happy to reach out to some of them and have them sponsor a meeting. Our only role would be to make the contact. The analysts would sponsor the meetings themselves and you would meet with them privately.”\u003c/p>\n\u003cp>Ferron responded: “[PG&E CEO] Tony Earley … highlighted Dan Ford at Barclays Capital as a thought leader worthwhile meeting if I can find the time. Who else might Gabe recommend?”\u003c/p>\n\u003cp>While there’s no record here of Ferron discussing the proposed San Bruno penalty with Ford, the Barclays analyst was clearly focused on that question.\u003c/p>\n\u003cp>In September 2012, Ford authored a report noting that PG&E would have difficulty raising $2.2 billion in equity to cover the expected San Bruno fine amount. (The actual penalty amount, finally determined on April 9 this year, was set at $1.6 billion.)\u003c/p>\n\u003cp>And in \u003ca href=\"http://www.ocregister.com/articles/california-530091-puc-state.html\" target=\"_blank\">a report authored by Ferron\u003c/a>, made public in October 2013, the commissioner related investors’ concerns that levying too large a fine against PG&E would cause them to view California as a “capital-unfriendly, ‘banana republic.’” That could lead to an increase in the cost of financing capital for utilities, warned Ferron, who had worked at Deutsche Bank prior to being appointed as a commissioner in March 2011.\u003c/p>\n\u003cp>Ferron stepped down as a commissioner in 2014, citing health problems. CPUC spokesperson Constance Gordon said she was unable to offer comment on emails sent by individuals who no longer worked at the commission. Attempts to reach Ferron were unsuccessful.\u003c/p>\n\u003cp>The question as to whether commissioners had inappropriate ex parte communications with Wall Street analysts was raised in a brief filed by the CPUC’s Division of Ratepayer Advocates. (Since renamed Office of Ratepayer Advocates).\u003c/p>\n\u003cp>“Some, if not all, of the financial industry representatives who reported discussing the San Bruno investigations with Commission offices represent firms or clients with a financial interest in PG&E Corporation,” the CPUC’s consumer advocacy branch pointed out. “The size of the fine and other penalties the Commission may impose in the San Bruno Investigations is a substantive issue in all three [CPUC] investigations.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089048/content?start_page=1&view_mode=scroll&access_key=key-Mn9jh61Mxr2k4WEJWObu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_86425\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>8) \u003ca name=\"happyBirthday\">\u003c/a>“Happy Birthday!” — Sept. 16, 2010\u003c/strong>\u003c/p>\n\u003cp>It was 7 a.m. on Sept. 16, 2010, one week after the San Bruno pipeline explosion. CPUC executive director Paul Clanon emailed PG&E’s Brian Cherry with a simple message in the subject line: “Happy Birthday!”\u003c/p>\n\u003cp>“Thanks,” Cherry replied. He shared his birthday wish. “I’d love a nice muzzle for Mark Toney.”\u003c/p>\n\u003cp>Mark Toney is executive director of The Utility Reform Network (TURN), a leading critic of PG&E.\u003c/p>\n\u003cfigure id=\"attachment_10568624\" class=\"wp-caption alignleft\" style=\"max-width: 600px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\">\u003cimg class=\"size-full wp-image-10568624\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\" alt=\"Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director.\" width=\"600\" height=\"420\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney.jpg 600w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney-400x280.jpg 400w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director. \u003ccite>(Courtesy The Utility Reform Network)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As for why Cherry would have wanted a “muzzle” for Toney, TURN spokesperson Mindy Spatt told KQED that Toney had issued a public statement about customer safety just before this exchange took place.\u003c/p>\n\u003cp>“He was saying: Demand that PG&E put customer safety first – that is the message that PG&E wanted muzzled, a message that said ‘no more San Brunos,’” Spatt said.\u003c/p>\n\u003cp>On Sept. 15, Cherry had emailed Clanon to tell him then-PG&E CEO Peter Darbee believed “TURN’s behavior \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-targeted-critics-after-San-Bruno-blast-6054156.php\" target=\"_blank\">has bordered on the irresponsible\u003c/a>.” He wondered whether the CPUC would be willing to make a statement publicly discounting TURN’s claims. While it’s not clear from the emails how Clanon reacted to this request, his email reply to Cherry was: “Call me when you can.”\u003c/p>\n\u003cp>“It was actually six days after the fatal San Bruno explosion that Brian Cherry referred to TURN’s behavior as irresponsible,” Spatt said when asked about this. “His company has just killed eight people and incinerated an entire neighborhood.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090899/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_38056\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>9) \u003ca href=\"jerryBrown\">“Get this info to Brown”\u003c/a> -- Jan. 11, 2011\u003c/strong>\u003c/p>\n\u003cp>While it’s obvious why a major utility company would be concerned that its stock had been downgraded, it’s not as clear why a commissioner would care. Upon learning about a financial downgrade, then-CPUC president Michael Peevey recommended that PG&E find a way to indirectly alert Gov. Jerry Brown, who was then in the process of determining new commission appointments.\u003c/p>\n\u003cp>The email thread begins Jan. 11, 2011, when PG&E’s Brian Cherry forwarded Peevey a message from PG&E’s investor relations division about a financial analyst’s report.\u003c/p>\n\u003cp>“Citigroup downgraded … PG&E,” the email explained. The note showed that analysts feared “uncertainty and potential shifting dynamics in the regulatory arena.”\u003c/p>\n\u003cp>In response, Peevey wrote in an email to Cherry: “You should find a way to get this info to Brown as he makes his decisions on Commissioners ASAP. Probably best coming from a non-utility source, such as investment banker(s).”\u003c/p>\n\u003cp>When asked why Peevey would provide this advice, CPUC spokesperson Constance Gordon responded, “The questions you’ve asked involve individuals who are no longer with the CPUC, so we cannot ask them your questions.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091157/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_69098\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>10. \u003ca href=\"prozac\">“Prozac might be a solution!”\u003c/a> -- June 4, 2010\u003c/strong>\u003c/p>\n\u003cp>PG&E officials had no idea what they were getting into when the utility began installing smart meters in California in 2006. Smart meters are a critical component of the \"smart grid” -- the devices track energy usage and transmit data back to customers and utilities, with the goal of reducing electricity consumption and distributing power more efficiently across the electric grid.\u003c/p>\n\u003cp>Smart meters faced an almost \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/03/10/the-backlash-against-smartmeters/\" target=\"_blank\">immediate backlash\u003c/a>. Users first complained that the devices gave artificially high readings. Later the \u003ca href=\"https://www.scribd.com/doc/269092309/Smart-Meter-Investigation-Findings-by-CPUC\" target=\"_blank\">CPUC found\u003c/a> that about 1,480 meters inaccurately recorded electricity consumption in ambient temperatures ranging from 100– 115 degrees Fahrenheit due to a defective chip. Nevertheless, \u003ca href=\"http://docs.cpuc.ca.gov/EFILE/RULINGS/122935.PDF\" target=\"_blank\">a study\u003c/a> conducted by an independent consultant, The Structure Group, determined that the meters generally functioned as intended.\u003c/p>\n\u003cp>Next, consumer advocacy groups, including TURN, \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/06/13/dumbfounded-by-smartmeters/\" target=\"_blank\">raised concerns\u003c/a> that the meters would harm people like seniors who sometimes have no choice but to run their air conditioners in the sweltering Central Valley. TURN also noted that with smart meters, PG&E could simply turn off people’s power if they couldn’t keep up with the bills. Privacy advocates expressed concern about utilities gaining access to information about their use of personal home appliances.\u003c/p>\n\u003cfigure id=\"attachment_10568672\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\">\u003cimg class=\"size-full wp-image-10568672\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\" alt=\"A sign from a smart meter protest in 2010.\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A sign from a smart meter protest in 2010. \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The biggest battle over smart meters, though, centered on electromagnetic fields (EMFs) emitted by smart meters. The possible health effects of EMFs have been a subject of debate since the \u003ca href=\"http://content.time.com/time/magazine/article/0,9171,918076,00.html\" target=\"_blank\">Cold War\u003c/a>, and fear has intensified in the wireless age with the introduction of countless devices that emit EMFs, such as cellphones, laptops and Wi-Fi routers.\u003c/p>\n\u003cp>\u003ca href=\"http://www.cancer.gov/about-cancer/causes-prevention/risk/radiation/magnetic-fields-fact-sheet\" target=\"_blank\">The National Institutes of Health’s National Cancer Institute\u003c/a> says that “several early epidemiologic studies raised the possibility of an association between certain cancers, especially childhood cancers, and ELF-EMFs. Most subsequent studies have not shown such an association.”\u003c/p>\n\u003cp>Unlike high-energy radiation emitted from devices like X-rays, low-energy emissions from devices like smart meters cannot damage DNA or cells directly, the NIH writes. \u003ca href=\"http://www.who.int/peh-emf/research/en/\" target=\"_blank\">The World Health Organization concluded\u003c/a> that low-energy emissions cause “no substantive health issues.” Smart-meter emissions are 60 times lower than the federal health guidelines.\u003c/p>\n\u003cp>EMF activists remain concerned, however, about the accumulated exposure people face from being surrounded by so many low-emission devices. And they’ve flooded the CPUC and PG&E with complaints.\u003c/p>\n\u003cp>By June 4, 2010, Carol Brown, then-CPUC President Michael Peevey’s chief-of-staff, wanted an answer for the people contacting her about EMFs. She wrote to then-PG&E executive Brian Cherry: “So far I have done OK just listening to the sad tales of EMF poisoning - and telling them thank you for bringing it to our attention - but then not offering them any solution!!! I just wanted to have a resource in case! Have a nice weekend.”\u003c/p>\n\u003cp>Cherry responded: “Prozac might be a solution!”\u003c/p>\n\u003cp>In the meantime, cities, including San Francisco, began petitioning the CPUC to make smart meters optional.\u003c/p>\n\u003cp>Peevey recommended to Cherry in an email in September 2010 that PG&E consider making the meters optional:\u003c/p>\n\u003cp>“One thought for the company: If it were my decision I would let anyone who wants to keep their old meter keep it, if they claim they suffer from EMF and/or related electronic-related illnesses and they can produce a doctor's letter saying so (or expressing concern about the likelihood of suffering same). I would institute such a policy quietly and solely on an individual basis. There really are people who feel pain, etc., related to EMF, etc., and rather than have them becoming hysterical, etc., I would quietly leave them alone. Kick it around. And, it sounds like the company may already have taken this step, based on a couple of the comments at yesterday's public hearing.”\u003c/p>\n\u003cp>Cherry said that he would consider it: “I do worry that this policy, no matter how discrete (sic) we try to make it, will surface and town councils and cities in our territory will ask for similar treatment. That said, we will take the matter up and get back to you with our feedback.”\u003c/p>\n\u003cp>In March 2011, PG&E proposed allowing smart meter users to opt out. The CPUC approved that plan in February 2012. Customers who opt out of the program must pay an initial fee and monthly charge.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089051/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_26891\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca name=\"whatHappened\">\u003c/a>Where Are They Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Brian Cherry\u003c/strong>, PG&E’s vice president of regulatory affairs, was fired from PG&E in September of 2014, after inappropriate email exchanges came to light.\u003c/p>\n\u003cp>\u003cstrong>Thomas Bottorff\u003c/strong>, PG&E’s senior vice president of regulatory affairs and Cherry’s boss, was fired along with Cherry. According to a San Jose Mercury News article he was to receive a severance payment totaling more than $1 million.\u003c/p>\n\u003cp>\u003cstrong>Chris Johns\u003c/strong>, president of PG&E, \u003ca href=\"http://ww2.kqed.org/news/2015/05/27/pge-president-to-retire-as-utility-faces-mounting-scrutiny\" target=\"_blank\">announced several weeks\u003c/a> ago that he would retire by the end of the year.\u003c/p>\n\u003cp>\u003cstrong>Michael Peevey\u003c/strong>, president of the California Public Utilities Commission, stepped down from his role after his term came to an end in December of 2014. Peevey came under fire for inappropriate email exchanges.\u003c/p>\n\u003cp>\u003cstrong>Paul Clanon\u003c/strong>, executive director of the California Public Utilities Commission, announced at the end of December that he would retire to study music.\u003c/p>\n\u003cp>\u003cstrong>Mark Ferron\u003c/strong>, former commissioner at the California Public Utilities Commission, resigned in December of 2014 due to health problems.\u003c/p>\n\u003cp>\u003cstrong>Carol Brown\u003c/strong>, former commission president Peevey’s chief of staff, stepped down in the wake of revelations that she had agreed to intervene on a judge appointment for a case involving PG&E. Despite news reports that she might return to the agency as an administrative law judge, a CPUC spokesperson confirmed to KQED that Brown has retired.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Michael Florio\u003c/strong>, who was also entangled in the judge-shopping scandal, remains as a commissioner at the California Public Utilities Commission.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "What's The Story Behind the SFPD Body Cam Program's Many Delays?",
"title": "What's The Story Behind the SFPD Body Cam Program's Many Delays?",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cstrong>Updated Friday, 5:15 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hen Greg Suhr took command of the San Francisco Police Department in April 2011, he had a scandal on his hands.\u003c/p>\n\u003cp>The city's public defender, Jeff Adachi, had \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/\" target=\"_blank\">released surveillance video\u003c/a> that, among other things, caught plainclothes San Francisco police officers in the act of illegally searching a room in a single-resident-occupancy hotel on a gritty part of Sixth Street, just south of Market. That video and others led to the indictment of half a dozen officers on a variety of corruption charges; four were convicted.\u003c/p>\n\u003cp>\"We have no room in the department for dishonest cops,\" Suhr said when \u003ca href=\"http://www.sfgate.com/bayarea/article/Greg-Suhr-top-cop-who-rose-through-ranks-sworn-2373512.php\" target=\"_blank\">he was sworn in\u003c/a>, referring to the case.\u003c/p>\n\u003cp>But Adachi kept releasing incriminating video footage, prompting Suhr to \u003ca href=\"https://web.archive.org/web/20110616122930/http://www.sfexaminer.com/local/2011/05/san-francisco-police-officers-may-carry-cameras-during-arrests\" target=\"_blank\">announce\u003c/a> he wanted to equip officers with body cameras to record searches. That statement -- on May 17, 2011 -- was Suhr's first mention of a plan that eventually became a body camera pilot program.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210983530\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Over the four years since then, Suhr has repeatedly promised that the department was very close to outfitting 50 plainclothes officers with the devices.\u003c/p>\n\u003cp>But the department didn't actually buy any cameras until December 2014. And the pilot program never launched.\u003c/p>\n\u003cp>Instead, on April 30, Mayor Ed Lee, with Suhr at his side, announced that the city would spend more than $6 million to buy body cameras for the entire police department.\u003c/p>\n\u003caside>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//cdn.knightlab.com/libs/timeline/latest/embed/index.html?source=1ELJT7UV5Z1bjwFB2tCkqDOXWrAGHD80kejShxa2F02s&font=Bevan-PotanoSans&maptype=toner&lang=en&height=650\" width=\"150%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/aside>\n\u003caside>\u003c/aside>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hile other police departments around the country have extensively tested and deployed body cameras since Suhr first announced his plan, the San Francisco Police Department remains several months away from equipping its officers with the devices.\u003c/p>\n\u003cp>A KQED investigation found the department spent nine months obtaining a sole-source waiver allowing it to purchase cameras from Taser International, without considering other bids. Documents and interviews with top police officials reveal that the department requested a no-bid contract after field-testing only Taser cameras.\u003c/p>\n\u003cp>After receiving the waiver, another 14 months passed before the department signed a deal with the company.\u003c/p>\n\u003cp>And although Suhr and other department leaders made reference to it on multiple occasions, the department never provided a policy governing the use of the cameras to the city's Police Commission. SFPD has cited multiple exemptions in open records law in an effort to keep its draft policy from the public -- including that the document would reveal secret investigative techniques or procedures, and that as a draft, the policy need not be released.\u003c/p>\n\u003cp>\"SFPD recently chose to forego the pilot program and instead proceed with implementing body-worn cameras department-wide,\" the City Attorney's Office wrote in a response to KQED's petition to force the policy's release. \"The documents do not contain factual information, but are policy and planning recommendations that the department never carried out.\"\u003c/p>\n\u003cfigure id=\"attachment_10567237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg\">\u003cimg class=\"wp-image-10567237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg\" alt=\"A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March.\" width=\"400\" height=\"310\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-800x621.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1440x1118.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1180x916.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-960x745.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg 1920w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March. \u003ccite>(George Frey/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city attorney determined documents related to the \"abandoned proposed pilot program\" are of limited public interest and exempt from disclosure.\u003c/p>\n\u003cp>But the department’s handling of the pilot program has raised questions about its commitment to deploying cameras and its relationship with Taser as it prepares to spend millions on new cameras.\u003c/p>\n\u003cp>Police Commissioner Petra DeJesus said she has been contacted by other camera manufacturers asking whether the city would request bids for its next purchase. She said she didn't know about the no-bid contract with Taser until KQED showed her the sole-source waiver. She asked about the department's deal with Taser at last week's Police Commission meeting.\u003c/p>\n\u003cp>“The cameras did go out to bid,” Suhr said at that meeting. “Taser won that bid.”\u003c/p>\n\u003cp>When DeJesus pressed Suhr on whether the department had received “an exception to go with one vendor” for the pilot program, the police chief said he would “look into that,” but it was his recollection that Taser International “came in low bid.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">D\u003c/span>ocuments obtained by KQED show that Suhr himself requested and received a waiver from the U.S. Department of Justice, which funded the program, in April 2013. He also signed a similar request to the city’s Office of Contract Administration, allowing the department to purchase cameras from Taser without considering other bids. The OCA granted that request in September 2013.\u003c/p>\n\u003cp>Supervisor John Avalos says he is concerned the purchase could pave the way for a much larger no-bid contract with Taser. Suhr told the Board of Supervisors Budget and Finance Committee Wednesday that the next purchase would go out to bid.\u003c/p>\n\u003cp>The department's deal with Taser included three years of a free subscription to its cloud-based data storage system, Evidence.com. But department leaders continued to raise concerns about the cost of storage for the pilot program after the deal was signed and the cameras were purchased.\u003c/p>\n\u003cp>As NPR \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2015/05/29/410572605/as-police-body-cameras-increase-what-about-all-that-video\" target=\"_blank\">recently reported\u003c/a>, that’s in line with Taser’s shift to a focus on recurring subscription payments rather than one-off equipment sales.\u003c/p>\n\u003cp>\"I think it will look more like your cable bill,\" equity analyst Glenn Mattson told NPR. \"A lot of times you get a pretty nice deal to get a cable subscription, you know, and then that introductory rate gets raised over time.\"\u003c/p>\n\u003cp>SFPD’s pilot purchase from Taser is just the most recent chapter in a long effort to secure the department’s business, with a succession of police chiefs in the company’s corner.\u003c/p>\n\u003caside class=\"pullquote alignright\">'How do we make certain that we have the most secure, economically feasible way of storing this data? Axon had it. No one else had it at the time.'\u003ccite>Mikail Ali\u003cbr>\nSFPD Deputy Chief\u003c/cite>\u003c/aside>\n\u003cp>Taser, best known as the maker of electronic \"stun guns,\" had been angling to get the city's business for more than a decade.\u003c/p>\n\u003cp>San Francisco's last four chiefs of police -- Heather Fong, George Gascón, interim Chief Jeff Godown and Suhr -- all tried to win approval from the city's Police Commission to equip officers with the Taser weapons. But public opposition killed the proposal each time.\u003c/p>\n\u003cp>“They’ve marketed very aggressively to the SFPD,\" former police commissioner Angela Chan said. “At one point, Taser International was even presenting to the Police Commission. Their presentation was clearly a commercial presentation.”\u003c/p>\n\u003cp>Taser's executive vice president of global sales said San Francisco is one of only three major U.S. cities that doesn't equip police with the company's stun guns. Josh Isner said winning the pilot body camera contract is a point of pride for the Taser.\u003c/p>\n\u003cp>\"In San Francisco, we weren’t an incumbent vendor,\" Isner said, \"and we still were awarded the contract there. We really haven’t had any type of relationship with the City of San Francisco, any type of procurement relationship, before interest in the body cams came out.\"\u003c/p>\n\u003cp>Suhr announced he was \u003ca href=\"http://www.sfgate.com/crime/article/Police-Chief-Greg-Suhr-drops-stun-gun-plan-4425780.php\" target=\"_blank\">dropping his attempt\u003c/a> to deploy the stun guns in early April 2013. But at the same time, documents obtained through a Public Records Act request show, the chief was pursuing a no-bid contract with Taser to obtain the company’s Axon Flex body cameras and Evidence.com subscription.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>n April 4, 2013, Suhr wrote a letter to the Justice Department requesting a waiver that would allow the Police Department to use $250,000 from a federal law-enforcement technology grant to buy wearable cameras from Taser without requesting bids from other manufacturers.\u003c/p>\n\u003cp>Suhr wrote that the department had begun researching wearable cameras in May 2012 -- a full year after he first publicly suggested SFPD would use them. After reviewing a study by the Modesto Police Department and field testing cameras from Taser and one competitor, Vievu, he wrote:\u003c/p>\n\u003cp>“We believe that it is in the best interest of the San Francisco Police Department to purchase both the Axon camera systems and Evidence.com evidence managers from Taser International as sole source procurements.”\u003c/p>\n\u003cfigure id=\"attachment_10567253\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg\">\u003cimg class=\"wp-image-10567253 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg\" alt=\"San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the "low bid" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase.\" width=\"400\" height=\"455\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-800x910.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1440x1638.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1180x1342.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-960x1092.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg 1450w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the \"low bid\" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>An SFPD official said the field testing Suhr referred to consisted of using two camera systems from Taser for about six weeks. Deputy Chief Mikail Ali said the Vievu assessment consisted of little more than looking at the camera since the department lacked the needed computer software and hardware to fully test it.\u003c/p>\n\u003cp>The research by the Modesto Police Department, also mentioned by Suhr, appears to have been much more thorough than what the SFPD undertook. In requesting its own waiver for a no-bid contract for 158 Axon Flex cameras in 2012, the Modesto police explained the force had tested cameras from four different makers over a period of 13 months.\u003c/p>\n\u003cp>The department concluded that Taser's Axon Flex system and its customer service were superior to offerings from competitors, though \u003ca href=\"http://file.lacounty.gov/bc/q4_2012/cms1_186278.pdf\" target=\"_blank\">a report\u003c/a> provided to the Los Angeles County Sheriff's Department also noted problems with the Taser system. Officers experienced sporadic problems with the system's functioning and lost some evidence, the document says, and some complained that the wires the device uses were too fragile.\u003c/p>\n\u003cp>The Justice Department's Office of Community Oriented Policing Services approved Suhr's request to spend federal grant money on a no-bid purchase from Taser -- with the caveat that the SFPD should also follow local contract and purchasing laws. The San Francisco Office of Contract Administration granted the department’s sole-source waiver in September 2013, citing the federal government’s approval.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>y that time, the department was already negotiating with Taser to buy cameras, and Suhr was promising that a pilot body camera program was imminent.\u003c/p>\n\u003cp>Documents show that the company submitted a quote to the Police Department in June 2013. The heavily discounted total for a camera system and data storage totaled just under $350,000 -- but substantially more than the $250,000 the department was talking about spending.\u003c/p>\n\u003cp>In August 2013, Suhr said the department \u003ca href=\"http://www.sfgate.com/crime/article/S-F-cops-will-wear-cameras-to-record-searches-4762701.php\" target=\"_blank\">would begin\u003c/a> equipping 50 plainclothes officers with wearable video cameras “within the next six weeks.”\u003c/p>\n\u003cp>In January 2014, responding to an incident in which plainclothes officers were accused of beating a teenager who had been stopped for riding his bike on the sidewalk in the Valencia Gardens housing project, Suhr said \u003ca href=\"http://www.sfgate.com/bayarea/nevius/article/S-F-police-seek-cameras-to-capture-whole-picture-4997404.php\" target=\"_blank\">the pilot program\u003c/a> was just two weeks away.\u003c/p>\n\u003cp>But despite Suhr's pledges, documents show the city was nowhere near buying the cameras the chief said it was about to deploy.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>hrough the early months of 2014, staffers in the Police Department and the city's Office of Contract Administration exchanged emails about the status of the project.\u003c/p>\n\u003cp>“Taser International has expressed a willingness to address any concerns we may have with cost, terms and conditions,” SFPD Commander Mikail Ali wrote in a March 17, 2014 email. “They have a [sic] implementation team on standby waiting to come to our city upon execution of an agreement.”\u003c/p>\n\u003cp>Ali, whom Suhr had called his \"gadget guy\" and who has since been promoted to deputy chief, oversaw planning for the pilot program through late 2014. His replacement, Commander Bob Moser, declined multiple interview requests from KQED. The Police Department provided email correspondence addressed to Moser, but no responses or any other documents written by him.\u003c/p>\n\u003cp>After no apparent movement on the purchase, Taser last September came up with a new quote -- for 165 Axon Flex cameras, support equipment, software and three years of free data storage -- that fell within the Police Department's $250,000 budget, though the department would still have to pay out of pocket for staff to administer the program.\u003c/p>\n\u003cp>SFPD agreed to that deal, and in December the city paid Taser $249,623.69. The cameras have yet to be deployed, however, as the department and Police Commission continue work on a policy to govern how the devices are to be used.\u003c/p>\n\u003cp>That policy will be crucial as the department weighs the purchase of 1,600 to 1,800 cameras to equip all of its officers. The initial price tag for a camera system is just the beginning of what the city will pay. At a Board of Supervisors hearing last October, Deputy Police Chief Sharon Ferrigno estimated the five-year cost of equipping all officers would be more than $21 million.\u003c/p>\n\u003cp>The major costs of the program include the cost of storing the massive amount of video the cameras record as well as the new personnel the department will need to handle the video.\u003c/p>\n\u003cp>The $6 million budget item Mayor Lee announced in April would cover just the first two years of the department-wide body camera program.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">A\u003c/span>t the mayor's announcement, Suhr declined to say who would supply the cameras the department needs.\u003c/p>\n\u003cp>“We are San Francisco, so we’re going to figure out whether or not we have to go out to bid for cameras or if we can go with the cameras that we were going to use already,” Suhr said. “But we’ll do it right so there’s no question that it wasn’t done right.”\u003c/p>\n\u003cp>Avalos, who called the board hearing on the cameras last fall, says whether the department will request bids for the expected camera purchase \"shouldn't even be a question.\"\u003c/p>\n\u003cp>\"The bidding process provides the opportunity for competition,\" Avalos said, adding that issuing a request for proposals would invite any company that was interested to present their products' capabilities -- and give the city price quotes.\u003c/p>\n\u003cfigure id=\"attachment_10567258\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg\">\u003cimg class=\"size-thumbnail wp-image-10567258\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg\" alt='Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\"' width=\"400\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg 667w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\" \u003ccite>(Sara Bloomberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He said issuing a bid request is \"standard practice\" and that should be the process followed for this multimillion dollar purchase.\u003c/p>\n\u003cp>\"That’s a huge contract that I would not feel comfortable ever supporting without there being a competitive bid,\" Avalos said. \"But if Taser has created its own relationship and got its foot in the door ... I would be alarmed and definitely would not want to move forward with anything that appears to be a sole-source contract.\"\u003c/p>\n\u003cp>If the SFPD won't pursue another sole-source contract with Taser, as Suhr indicated Wednesday, that's a decision that was made recently.\u003c/p>\n\u003cp>Deputy Chief Ali said June 5 that it was yet to be determined whether the city would open up the bidding process, a decision that would ultimately be up to the city's Office of Contract Administration.\u003c/p>\n\u003cp>\"I won’t put the cart before the horse,\" he said. \"Those discussions are underway, and we’ll just have to see where they go.\"\u003c/p>\n\u003cp>The Office of Contract Administration did not respond to repeated requests for an interview, nor did that office respond to KQED's Public Records Act request. A representative said the office had given responsive documents to the Police Department.\u003c/p>\n\u003cp>Taser Executive Vice President Josh Isner said the decision to sole source or request bids is up to the police department and the city, and Taser is \"happy to compete in either way.\"\u003c/p>\n\u003cp>\"As a public company, we can’t say too much about ongoing negotiations and forward facing information regarding deals,\" Isner said. \"It’d be a safe assumption to say -- the fact that they already have our product -- we’re certainly hoping to win the business for more of that same product.\"\u003c/p>\n\u003cp>Suhr and other senior commanders have said that Taser's offerings can't be matched by the growing number of competing -- and often cheaper -- systems on the market.\u003c/p>\n\u003cp>Among the features the SFPD has cited are cloud storage of the massive amounts of data (which is available from other vendors) and the Taser Evidence.com system's ability to obscure portions of video images to protect the identity of witnesses.\u003c/p>\n\u003cp>Ali said that given the department's limited information technology capabilities, Taser's cloud-based digital storage system made its product the only feasible choice for the city when it was shopping for cameras.\u003c/p>\n\u003cp>\"How do we make certain that we have the most secure, economically feasible way of storing this data?\" he said. \"Axon had it. No one else had it at the time.\"\u003c/p>\n\u003cp>Ali said the department had intended to field test Vievu cameras, but lacked the technology Vievu's product required.\u003c/p>\n\u003cp>\"We did not have that capacity to even test them beyond just looking at them physically,\" he said. \"We just didn’t have the physical capacity to do it because we had no means of storing it on a server in- house.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>aser is one of a few leading suppliers of body-worn cameras, but its sales tactics have recently come under scrutiny.\u003c/p>\n\u003cp>An Associated Press investigation earlier this year \u003ca href=\"http://www.seattletimes.com/nation-world/body-camera-maker-has-financial-ties-to-police-chiefs-2/\" target=\"_blank\">found\u003c/a> the company has aggressively courted local police chiefs in an effort to win the same kind of deal the company pursued with San Francisco -- a no-bid contract where the competition never gets a chance to demonstrate its products or quote prices.\u003c/p>\n\u003cp>The AP's disclosures recently \u003ca href=\"http://www.seattletimes.com/nation-world/cities-review-ethics-rules-amid-ties-between-chiefs-taser/\" target=\"_blank\">prompted ethics reviews\u003c/a> in Salt Lake City and Fort Worth, Texas.\u003c/p>\n\u003cp>Taser has also come under fire for hiring recently retired police chiefs with whom it has done business. The company announced in April it \u003ca href=\"http://www.nytimes.com/aponline/2015/05/01/us/ap-us-body-cameras-police-chiefs.html?_r=0\" target=\"_blank\">would change\u003c/a> the practice after a New Mexico state audit blasted the hiring of the former police chief of Albuquerque while he was still on the city's payroll. From now on, Taser said, it will wait a year before hiring retired police officials.\u003c/p>\n\u003cp>Isner confirmed that policy, and said the company has never had any similar relationship with anyone who works or has worked for the SFPD. He said Taser does focus on major cities like San Francisco.\u003c/p>\n\u003cp>\"They represent a large portion of the policing market both in numbers and in thought leadership,\" he said, \"and San Francisco does fall into that category.\"\u003c/p>\n\u003cp>Taser has become a dominant player despite the presence of competitors who say their body camera systems match Taser's in quality while selling for a fraction of Taser's price.\u003c/p>\n\u003cp>Peter Onruang, founder of Los Angeles-based Wolfcom Enterprises, says his firm is constantly outmaneuvered by Taser, often before getting a chance to bid. He said he's hopeful San Francisco will allow Wolfcom to demonstrate its cameras, cloud-based storage system, and quote a price.\u003c/p>\n\u003cp>“You don’t know how frustrating it is to be the David versus Taser’s Goliath,” he said.\u003c/p>\n\u003cp>\u003cem>KQED's Mia Zuckerkandel and Dan Brekke contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This report was updated Friday, June 19, to include responses from Taser International.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated Friday, 5:15 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hen Greg Suhr took command of the San Francisco Police Department in April 2011, he had a scandal on his hands.\u003c/p>\n\u003cp>The city's public defender, Jeff Adachi, had \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/\" target=\"_blank\">released surveillance video\u003c/a> that, among other things, caught plainclothes San Francisco police officers in the act of illegally searching a room in a single-resident-occupancy hotel on a gritty part of Sixth Street, just south of Market. That video and others led to the indictment of half a dozen officers on a variety of corruption charges; four were convicted.\u003c/p>\n\u003cp>\"We have no room in the department for dishonest cops,\" Suhr said when \u003ca href=\"http://www.sfgate.com/bayarea/article/Greg-Suhr-top-cop-who-rose-through-ranks-sworn-2373512.php\" target=\"_blank\">he was sworn in\u003c/a>, referring to the case.\u003c/p>\n\u003cp>But Adachi kept releasing incriminating video footage, prompting Suhr to \u003ca href=\"https://web.archive.org/web/20110616122930/http://www.sfexaminer.com/local/2011/05/san-francisco-police-officers-may-carry-cameras-during-arrests\" target=\"_blank\">announce\u003c/a> he wanted to equip officers with body cameras to record searches. That statement -- on May 17, 2011 -- was Suhr's first mention of a plan that eventually became a body camera pilot program.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210983530&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210983530'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Over the four years since then, Suhr has repeatedly promised that the department was very close to outfitting 50 plainclothes officers with the devices.\u003c/p>\n\u003cp>But the department didn't actually buy any cameras until December 2014. And the pilot program never launched.\u003c/p>\n\u003cp>Instead, on April 30, Mayor Ed Lee, with Suhr at his side, announced that the city would spend more than $6 million to buy body cameras for the entire police department.\u003c/p>\n\u003caside>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//cdn.knightlab.com/libs/timeline/latest/embed/index.html?source=1ELJT7UV5Z1bjwFB2tCkqDOXWrAGHD80kejShxa2F02s&font=Bevan-PotanoSans&maptype=toner&lang=en&height=650\" width=\"150%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/aside>\n\u003caside>\u003c/aside>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hile other police departments around the country have extensively tested and deployed body cameras since Suhr first announced his plan, the San Francisco Police Department remains several months away from equipping its officers with the devices.\u003c/p>\n\u003cp>A KQED investigation found the department spent nine months obtaining a sole-source waiver allowing it to purchase cameras from Taser International, without considering other bids. Documents and interviews with top police officials reveal that the department requested a no-bid contract after field-testing only Taser cameras.\u003c/p>\n\u003cp>After receiving the waiver, another 14 months passed before the department signed a deal with the company.\u003c/p>\n\u003cp>And although Suhr and other department leaders made reference to it on multiple occasions, the department never provided a policy governing the use of the cameras to the city's Police Commission. SFPD has cited multiple exemptions in open records law in an effort to keep its draft policy from the public -- including that the document would reveal secret investigative techniques or procedures, and that as a draft, the policy need not be released.\u003c/p>\n\u003cp>\"SFPD recently chose to forego the pilot program and instead proceed with implementing body-worn cameras department-wide,\" the City Attorney's Office wrote in a response to KQED's petition to force the policy's release. \"The documents do not contain factual information, but are policy and planning recommendations that the department never carried out.\"\u003c/p>\n\u003cfigure id=\"attachment_10567237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg\">\u003cimg class=\"wp-image-10567237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg\" alt=\"A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March.\" width=\"400\" height=\"310\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-800x621.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1440x1118.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1180x916.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-960x745.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg 1920w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March. \u003ccite>(George Frey/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city attorney determined documents related to the \"abandoned proposed pilot program\" are of limited public interest and exempt from disclosure.\u003c/p>\n\u003cp>But the department’s handling of the pilot program has raised questions about its commitment to deploying cameras and its relationship with Taser as it prepares to spend millions on new cameras.\u003c/p>\n\u003cp>Police Commissioner Petra DeJesus said she has been contacted by other camera manufacturers asking whether the city would request bids for its next purchase. She said she didn't know about the no-bid contract with Taser until KQED showed her the sole-source waiver. She asked about the department's deal with Taser at last week's Police Commission meeting.\u003c/p>\n\u003cp>“The cameras did go out to bid,” Suhr said at that meeting. “Taser won that bid.”\u003c/p>\n\u003cp>When DeJesus pressed Suhr on whether the department had received “an exception to go with one vendor” for the pilot program, the police chief said he would “look into that,” but it was his recollection that Taser International “came in low bid.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">D\u003c/span>ocuments obtained by KQED show that Suhr himself requested and received a waiver from the U.S. Department of Justice, which funded the program, in April 2013. He also signed a similar request to the city’s Office of Contract Administration, allowing the department to purchase cameras from Taser without considering other bids. The OCA granted that request in September 2013.\u003c/p>\n\u003cp>Supervisor John Avalos says he is concerned the purchase could pave the way for a much larger no-bid contract with Taser. Suhr told the Board of Supervisors Budget and Finance Committee Wednesday that the next purchase would go out to bid.\u003c/p>\n\u003cp>The department's deal with Taser included three years of a free subscription to its cloud-based data storage system, Evidence.com. But department leaders continued to raise concerns about the cost of storage for the pilot program after the deal was signed and the cameras were purchased.\u003c/p>\n\u003cp>As NPR \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2015/05/29/410572605/as-police-body-cameras-increase-what-about-all-that-video\" target=\"_blank\">recently reported\u003c/a>, that’s in line with Taser’s shift to a focus on recurring subscription payments rather than one-off equipment sales.\u003c/p>\n\u003cp>\"I think it will look more like your cable bill,\" equity analyst Glenn Mattson told NPR. \"A lot of times you get a pretty nice deal to get a cable subscription, you know, and then that introductory rate gets raised over time.\"\u003c/p>\n\u003cp>SFPD’s pilot purchase from Taser is just the most recent chapter in a long effort to secure the department’s business, with a succession of police chiefs in the company’s corner.\u003c/p>\n\u003caside class=\"pullquote alignright\">'How do we make certain that we have the most secure, economically feasible way of storing this data? Axon had it. No one else had it at the time.'\u003ccite>Mikail Ali\u003cbr>\nSFPD Deputy Chief\u003c/cite>\u003c/aside>\n\u003cp>Taser, best known as the maker of electronic \"stun guns,\" had been angling to get the city's business for more than a decade.\u003c/p>\n\u003cp>San Francisco's last four chiefs of police -- Heather Fong, George Gascón, interim Chief Jeff Godown and Suhr -- all tried to win approval from the city's Police Commission to equip officers with the Taser weapons. But public opposition killed the proposal each time.\u003c/p>\n\u003cp>“They’ve marketed very aggressively to the SFPD,\" former police commissioner Angela Chan said. “At one point, Taser International was even presenting to the Police Commission. Their presentation was clearly a commercial presentation.”\u003c/p>\n\u003cp>Taser's executive vice president of global sales said San Francisco is one of only three major U.S. cities that doesn't equip police with the company's stun guns. Josh Isner said winning the pilot body camera contract is a point of pride for the Taser.\u003c/p>\n\u003cp>\"In San Francisco, we weren’t an incumbent vendor,\" Isner said, \"and we still were awarded the contract there. We really haven’t had any type of relationship with the City of San Francisco, any type of procurement relationship, before interest in the body cams came out.\"\u003c/p>\n\u003cp>Suhr announced he was \u003ca href=\"http://www.sfgate.com/crime/article/Police-Chief-Greg-Suhr-drops-stun-gun-plan-4425780.php\" target=\"_blank\">dropping his attempt\u003c/a> to deploy the stun guns in early April 2013. But at the same time, documents obtained through a Public Records Act request show, the chief was pursuing a no-bid contract with Taser to obtain the company’s Axon Flex body cameras and Evidence.com subscription.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>n April 4, 2013, Suhr wrote a letter to the Justice Department requesting a waiver that would allow the Police Department to use $250,000 from a federal law-enforcement technology grant to buy wearable cameras from Taser without requesting bids from other manufacturers.\u003c/p>\n\u003cp>Suhr wrote that the department had begun researching wearable cameras in May 2012 -- a full year after he first publicly suggested SFPD would use them. After reviewing a study by the Modesto Police Department and field testing cameras from Taser and one competitor, Vievu, he wrote:\u003c/p>\n\u003cp>“We believe that it is in the best interest of the San Francisco Police Department to purchase both the Axon camera systems and Evidence.com evidence managers from Taser International as sole source procurements.”\u003c/p>\n\u003cfigure id=\"attachment_10567253\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg\">\u003cimg class=\"wp-image-10567253 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg\" alt=\"San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the "low bid" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase.\" width=\"400\" height=\"455\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-800x910.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1440x1638.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1180x1342.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-960x1092.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg 1450w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the \"low bid\" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>An SFPD official said the field testing Suhr referred to consisted of using two camera systems from Taser for about six weeks. Deputy Chief Mikail Ali said the Vievu assessment consisted of little more than looking at the camera since the department lacked the needed computer software and hardware to fully test it.\u003c/p>\n\u003cp>The research by the Modesto Police Department, also mentioned by Suhr, appears to have been much more thorough than what the SFPD undertook. In requesting its own waiver for a no-bid contract for 158 Axon Flex cameras in 2012, the Modesto police explained the force had tested cameras from four different makers over a period of 13 months.\u003c/p>\n\u003cp>The department concluded that Taser's Axon Flex system and its customer service were superior to offerings from competitors, though \u003ca href=\"http://file.lacounty.gov/bc/q4_2012/cms1_186278.pdf\" target=\"_blank\">a report\u003c/a> provided to the Los Angeles County Sheriff's Department also noted problems with the Taser system. Officers experienced sporadic problems with the system's functioning and lost some evidence, the document says, and some complained that the wires the device uses were too fragile.\u003c/p>\n\u003cp>The Justice Department's Office of Community Oriented Policing Services approved Suhr's request to spend federal grant money on a no-bid purchase from Taser -- with the caveat that the SFPD should also follow local contract and purchasing laws. The San Francisco Office of Contract Administration granted the department’s sole-source waiver in September 2013, citing the federal government’s approval.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>y that time, the department was already negotiating with Taser to buy cameras, and Suhr was promising that a pilot body camera program was imminent.\u003c/p>\n\u003cp>Documents show that the company submitted a quote to the Police Department in June 2013. The heavily discounted total for a camera system and data storage totaled just under $350,000 -- but substantially more than the $250,000 the department was talking about spending.\u003c/p>\n\u003cp>In August 2013, Suhr said the department \u003ca href=\"http://www.sfgate.com/crime/article/S-F-cops-will-wear-cameras-to-record-searches-4762701.php\" target=\"_blank\">would begin\u003c/a> equipping 50 plainclothes officers with wearable video cameras “within the next six weeks.”\u003c/p>\n\u003cp>In January 2014, responding to an incident in which plainclothes officers were accused of beating a teenager who had been stopped for riding his bike on the sidewalk in the Valencia Gardens housing project, Suhr said \u003ca href=\"http://www.sfgate.com/bayarea/nevius/article/S-F-police-seek-cameras-to-capture-whole-picture-4997404.php\" target=\"_blank\">the pilot program\u003c/a> was just two weeks away.\u003c/p>\n\u003cp>But despite Suhr's pledges, documents show the city was nowhere near buying the cameras the chief said it was about to deploy.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>hrough the early months of 2014, staffers in the Police Department and the city's Office of Contract Administration exchanged emails about the status of the project.\u003c/p>\n\u003cp>“Taser International has expressed a willingness to address any concerns we may have with cost, terms and conditions,” SFPD Commander Mikail Ali wrote in a March 17, 2014 email. “They have a [sic] implementation team on standby waiting to come to our city upon execution of an agreement.”\u003c/p>\n\u003cp>Ali, whom Suhr had called his \"gadget guy\" and who has since been promoted to deputy chief, oversaw planning for the pilot program through late 2014. His replacement, Commander Bob Moser, declined multiple interview requests from KQED. The Police Department provided email correspondence addressed to Moser, but no responses or any other documents written by him.\u003c/p>\n\u003cp>After no apparent movement on the purchase, Taser last September came up with a new quote -- for 165 Axon Flex cameras, support equipment, software and three years of free data storage -- that fell within the Police Department's $250,000 budget, though the department would still have to pay out of pocket for staff to administer the program.\u003c/p>\n\u003cp>SFPD agreed to that deal, and in December the city paid Taser $249,623.69. The cameras have yet to be deployed, however, as the department and Police Commission continue work on a policy to govern how the devices are to be used.\u003c/p>\n\u003cp>That policy will be crucial as the department weighs the purchase of 1,600 to 1,800 cameras to equip all of its officers. The initial price tag for a camera system is just the beginning of what the city will pay. At a Board of Supervisors hearing last October, Deputy Police Chief Sharon Ferrigno estimated the five-year cost of equipping all officers would be more than $21 million.\u003c/p>\n\u003cp>The major costs of the program include the cost of storing the massive amount of video the cameras record as well as the new personnel the department will need to handle the video.\u003c/p>\n\u003cp>The $6 million budget item Mayor Lee announced in April would cover just the first two years of the department-wide body camera program.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">A\u003c/span>t the mayor's announcement, Suhr declined to say who would supply the cameras the department needs.\u003c/p>\n\u003cp>“We are San Francisco, so we’re going to figure out whether or not we have to go out to bid for cameras or if we can go with the cameras that we were going to use already,” Suhr said. “But we’ll do it right so there’s no question that it wasn’t done right.”\u003c/p>\n\u003cp>Avalos, who called the board hearing on the cameras last fall, says whether the department will request bids for the expected camera purchase \"shouldn't even be a question.\"\u003c/p>\n\u003cp>\"The bidding process provides the opportunity for competition,\" Avalos said, adding that issuing a request for proposals would invite any company that was interested to present their products' capabilities -- and give the city price quotes.\u003c/p>\n\u003cfigure id=\"attachment_10567258\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg\">\u003cimg class=\"size-thumbnail wp-image-10567258\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg\" alt='Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\"' width=\"400\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg 667w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\" \u003ccite>(Sara Bloomberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He said issuing a bid request is \"standard practice\" and that should be the process followed for this multimillion dollar purchase.\u003c/p>\n\u003cp>\"That’s a huge contract that I would not feel comfortable ever supporting without there being a competitive bid,\" Avalos said. \"But if Taser has created its own relationship and got its foot in the door ... I would be alarmed and definitely would not want to move forward with anything that appears to be a sole-source contract.\"\u003c/p>\n\u003cp>If the SFPD won't pursue another sole-source contract with Taser, as Suhr indicated Wednesday, that's a decision that was made recently.\u003c/p>\n\u003cp>Deputy Chief Ali said June 5 that it was yet to be determined whether the city would open up the bidding process, a decision that would ultimately be up to the city's Office of Contract Administration.\u003c/p>\n\u003cp>\"I won’t put the cart before the horse,\" he said. \"Those discussions are underway, and we’ll just have to see where they go.\"\u003c/p>\n\u003cp>The Office of Contract Administration did not respond to repeated requests for an interview, nor did that office respond to KQED's Public Records Act request. A representative said the office had given responsive documents to the Police Department.\u003c/p>\n\u003cp>Taser Executive Vice President Josh Isner said the decision to sole source or request bids is up to the police department and the city, and Taser is \"happy to compete in either way.\"\u003c/p>\n\u003cp>\"As a public company, we can’t say too much about ongoing negotiations and forward facing information regarding deals,\" Isner said. \"It’d be a safe assumption to say -- the fact that they already have our product -- we’re certainly hoping to win the business for more of that same product.\"\u003c/p>\n\u003cp>Suhr and other senior commanders have said that Taser's offerings can't be matched by the growing number of competing -- and often cheaper -- systems on the market.\u003c/p>\n\u003cp>Among the features the SFPD has cited are cloud storage of the massive amounts of data (which is available from other vendors) and the Taser Evidence.com system's ability to obscure portions of video images to protect the identity of witnesses.\u003c/p>\n\u003cp>Ali said that given the department's limited information technology capabilities, Taser's cloud-based digital storage system made its product the only feasible choice for the city when it was shopping for cameras.\u003c/p>\n\u003cp>\"How do we make certain that we have the most secure, economically feasible way of storing this data?\" he said. \"Axon had it. No one else had it at the time.\"\u003c/p>\n\u003cp>Ali said the department had intended to field test Vievu cameras, but lacked the technology Vievu's product required.\u003c/p>\n\u003cp>\"We did not have that capacity to even test them beyond just looking at them physically,\" he said. \"We just didn’t have the physical capacity to do it because we had no means of storing it on a server in- house.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>aser is one of a few leading suppliers of body-worn cameras, but its sales tactics have recently come under scrutiny.\u003c/p>\n\u003cp>An Associated Press investigation earlier this year \u003ca href=\"http://www.seattletimes.com/nation-world/body-camera-maker-has-financial-ties-to-police-chiefs-2/\" target=\"_blank\">found\u003c/a> the company has aggressively courted local police chiefs in an effort to win the same kind of deal the company pursued with San Francisco -- a no-bid contract where the competition never gets a chance to demonstrate its products or quote prices.\u003c/p>\n\u003cp>The AP's disclosures recently \u003ca href=\"http://www.seattletimes.com/nation-world/cities-review-ethics-rules-amid-ties-between-chiefs-taser/\" target=\"_blank\">prompted ethics reviews\u003c/a> in Salt Lake City and Fort Worth, Texas.\u003c/p>\n\u003cp>Taser has also come under fire for hiring recently retired police chiefs with whom it has done business. The company announced in April it \u003ca href=\"http://www.nytimes.com/aponline/2015/05/01/us/ap-us-body-cameras-police-chiefs.html?_r=0\" target=\"_blank\">would change\u003c/a> the practice after a New Mexico state audit blasted the hiring of the former police chief of Albuquerque while he was still on the city's payroll. From now on, Taser said, it will wait a year before hiring retired police officials.\u003c/p>\n\u003cp>Isner confirmed that policy, and said the company has never had any similar relationship with anyone who works or has worked for the SFPD. He said Taser does focus on major cities like San Francisco.\u003c/p>\n\u003cp>\"They represent a large portion of the policing market both in numbers and in thought leadership,\" he said, \"and San Francisco does fall into that category.\"\u003c/p>\n\u003cp>Taser has become a dominant player despite the presence of competitors who say their body camera systems match Taser's in quality while selling for a fraction of Taser's price.\u003c/p>\n\u003cp>Peter Onruang, founder of Los Angeles-based Wolfcom Enterprises, says his firm is constantly outmaneuvered by Taser, often before getting a chance to bid. He said he's hopeful San Francisco will allow Wolfcom to demonstrate its cameras, cloud-based storage system, and quote a price.\u003c/p>\n\u003cp>“You don’t know how frustrating it is to be the David versus Taser’s Goliath,” he said.\u003c/p>\n\u003cp>\u003cem>KQED's Mia Zuckerkandel and Dan Brekke contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated Friday, June 19, to include responses from Taser International.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Labor Ruling: Uber Driver Was an Employee, Not a Contractor",
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"content": "\u003cp>\u003cem>\u003cstrong>Note: \u003c/strong>This post has been updated to clarify that a state agency's ruling applies immediately to just one Uber driver and to include a statement from the ride-service company. \u003c/em>\u003c/p>\n\u003cp>The California Labor Commission has issued a ruling (\u003ca href=\"#ubervberwick\">embedded below\u003c/a>) declaring that a San Francisco woman who drove for Uber should be classified as an employee, not an independent contractor.\u003c/p>\n\u003cp>Uber is appealing the ruling, which, if extended to other drivers, could undercut its potential profits as it continues to expand worldwide. The ride-hailing service now operates in hundreds of cities in the United States and 56 other countries. Its rapid growth has won the company more than $1 billion investment and a valuation reported at $40 billion to $50 billion.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210830052\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>The Labor Commission issued its decision earlier this month in the case of a San Francisco woman, Barbara Ann Berwick, who sued the company for back wages after driving for the service for about two months in 2014.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In awarding Berwick $4,000 in back wages and interest, a commission hearing officer essentially dismissed Uber's argument that it's merely a platform that allows passengers to connect with drivers -- a private transaction, the company says -- and that it exerts no control over drivers' hours.\u003c/p>\n\u003cp>Hearing officer Stephanie Barrett wrote:\u003c/p>\n\u003cblockquote>\u003cp>Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to engage drivers and passengers to transact the business of transportation. The reality, however, is that defendants are involved in every aspect of the operation. Defendants vet prospective drivers, who must provide to defendants their personal banking and residence information, as well as their Social Security Number. Drivers cannot use defendants' application unless they pass defendants' background and DMV checks.\u003c/p>\u003c/blockquote>\n\u003cp>The ruling goes on to note that Uber:\u003c/p>\n\u003cul>\n\u003cli>Controls the tools its drivers use.\u003c/li>\n\u003cli>Sets prices and cancellation fees for passengers and payments to drivers.\u003c/li>\n\u003cli>Provides the smartphone app that makes the ride-service work possible.\u003c/li>\n\u003c/ul>\n\u003cp>The ruling also contains a somewhat ironic note. It cites a California Court of Appeal ruling in comparing Uber, which has railed against the evils of the taxicab industry that it is replacing, to -- yes, traditional cab companies. The cited passage, from Yellow Cab Cooperative v. Workers Compensation Appeals Board, a 1991 case:\u003c/p>\n\u003cblockquote>\u003cp>Although some of the factors in this case can be indicative of the workers being independent contractors, the overriding factor is that the persons performing the work are not engaged in occupations or businesses distinct from that of the [defendants]. Rather, their work is the basis for [defendants'] business. [Defendants] obtain the clients who are in need of delivery services and provides the workers who conduct the service on behalf of [defendants]. In addition, even though there is an absence of control over the details, an employee-employer relationship will be found if the [defendants] retain pervasive control over the operation as a whole, the worker's duties are an integral part of the operation, and the nature of the work makes detailed control unnecessary.\u003c/p>\u003c/blockquote>\n\u003cp>Reuters first reported the Labor Commission ruling and implied that it applied to all Uber drivers (for the record, so did our original post). That prompted the following statement from an Uber spokesperson:\u003c/p>\n\u003cblockquote>\u003cp>Reuters’ original headline was not accurate. The California Labor Commission’s ruling is non-binding and applies to a single driver. Indeed it is contrary to a previous ruling by the same commission, which concluded in 2012 that the driver ‘performed services as an independent contractor, and not as a bona fide employee.’ Five other states have also come to the same conclusion. It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control. The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies.\u003c/p>\u003c/blockquote>\n\u003cp>The Berwick case is just one of \u003ca href=\"http://www.bloomberg.com/news/articles/2015-01-30/uber-drivers-may-have-employee-status-judge-says\" target=\"_blank\">a number of legal actions\u003c/a> launched against Uber and competitor Lyft (and \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2015/03/13/no-driver-lawsuits-wont-destroy-the-uber-for-x-business-model/\" target=\"_blank\">other \"on-demand economy\" startups\u003c/a>) over whether workers should be classified as independent contractor or employees.\u003c/p>\n\u003cp>\u003ca id=\"ubervberwick\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/268947090/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_46266\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003cstrong>Note: \u003c/strong>This post has been updated to clarify that a state agency's ruling applies immediately to just one Uber driver and to include a statement from the ride-service company. \u003c/em>\u003c/p>\n\u003cp>The California Labor Commission has issued a ruling (\u003ca href=\"#ubervberwick\">embedded below\u003c/a>) declaring that a San Francisco woman who drove for Uber should be classified as an employee, not an independent contractor.\u003c/p>\n\u003cp>Uber is appealing the ruling, which, if extended to other drivers, could undercut its potential profits as it continues to expand worldwide. The ride-hailing service now operates in hundreds of cities in the United States and 56 other countries. Its rapid growth has won the company more than $1 billion investment and a valuation reported at $40 billion to $50 billion.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210830052&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210830052'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Labor Commission issued its decision earlier this month in the case of a San Francisco woman, Barbara Ann Berwick, who sued the company for back wages after driving for the service for about two months in 2014.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In awarding Berwick $4,000 in back wages and interest, a commission hearing officer essentially dismissed Uber's argument that it's merely a platform that allows passengers to connect with drivers -- a private transaction, the company says -- and that it exerts no control over drivers' hours.\u003c/p>\n\u003cp>Hearing officer Stephanie Barrett wrote:\u003c/p>\n\u003cblockquote>\u003cp>Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to engage drivers and passengers to transact the business of transportation. The reality, however, is that defendants are involved in every aspect of the operation. Defendants vet prospective drivers, who must provide to defendants their personal banking and residence information, as well as their Social Security Number. Drivers cannot use defendants' application unless they pass defendants' background and DMV checks.\u003c/p>\u003c/blockquote>\n\u003cp>The ruling goes on to note that Uber:\u003c/p>\n\u003cul>\n\u003cli>Controls the tools its drivers use.\u003c/li>\n\u003cli>Sets prices and cancellation fees for passengers and payments to drivers.\u003c/li>\n\u003cli>Provides the smartphone app that makes the ride-service work possible.\u003c/li>\n\u003c/ul>\n\u003cp>The ruling also contains a somewhat ironic note. It cites a California Court of Appeal ruling in comparing Uber, which has railed against the evils of the taxicab industry that it is replacing, to -- yes, traditional cab companies. The cited passage, from Yellow Cab Cooperative v. Workers Compensation Appeals Board, a 1991 case:\u003c/p>\n\u003cblockquote>\u003cp>Although some of the factors in this case can be indicative of the workers being independent contractors, the overriding factor is that the persons performing the work are not engaged in occupations or businesses distinct from that of the [defendants]. Rather, their work is the basis for [defendants'] business. [Defendants] obtain the clients who are in need of delivery services and provides the workers who conduct the service on behalf of [defendants]. In addition, even though there is an absence of control over the details, an employee-employer relationship will be found if the [defendants] retain pervasive control over the operation as a whole, the worker's duties are an integral part of the operation, and the nature of the work makes detailed control unnecessary.\u003c/p>\u003c/blockquote>\n\u003cp>Reuters first reported the Labor Commission ruling and implied that it applied to all Uber drivers (for the record, so did our original post). That prompted the following statement from an Uber spokesperson:\u003c/p>\n\u003cblockquote>\u003cp>Reuters’ original headline was not accurate. The California Labor Commission’s ruling is non-binding and applies to a single driver. Indeed it is contrary to a previous ruling by the same commission, which concluded in 2012 that the driver ‘performed services as an independent contractor, and not as a bona fide employee.’ Five other states have also come to the same conclusion. It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control. The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies.\u003c/p>\u003c/blockquote>\n\u003cp>The Berwick case is just one of \u003ca href=\"http://www.bloomberg.com/news/articles/2015-01-30/uber-drivers-may-have-employee-status-judge-says\" target=\"_blank\">a number of legal actions\u003c/a> launched against Uber and competitor Lyft (and \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2015/03/13/no-driver-lawsuits-wont-destroy-the-uber-for-x-business-model/\" target=\"_blank\">other \"on-demand economy\" startups\u003c/a>) over whether workers should be classified as independent contractor or employees.\u003c/p>\n\u003cp>\u003ca id=\"ubervberwick\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/268947090/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_46266\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>In California, a state with some of the strictest gun laws in the country, Sacramento County has become an oasis for gun owners wanting to carry their weapons in public. Thousands of residents have been issued concealed carry permits by the sheriff, Scott Jones, since he took office four years ago.\u003c/p>\n\u003cp>During his campaign, Jones promised to loosen restrictions on issuing permits to carry concealed weapons. And he followed through. Gun owners now boast on online message boards that he hands out permits “like candy.”\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/210588771″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]\u003c/p>\n\u003cp>The dramatic change in Sacramento after just one election illustrates the power of local sheriffs, using their own discretion and political views, to control the number of guns carried by residents on their streets. Now, that power \u003ca href=\"http://ww2.kqed.org/news/2015/06/16/appeals-panel-hearing-challenge-to-concealed-gun-rules\">is the subject of a potential landmark lawsuit\u003c/a> that could redefine the boundaries of the Second Amendment – and the right to carry a gun in public.\u003c/p>\n\u003cp>\u003cem>\u003cstrong>\u003ca href=\"https://www.revealnews.org/article/want-to-carry-a-concealed-gun-live-in-sacramento-not-san-francisco/\">Read the full story via The Center for Investigative Reporting\u003c/a>\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In California, a state with some of the strictest gun laws in the country, Sacramento County has become an oasis for gun owners wanting to carry their weapons in public. Thousands of residents have been issued concealed carry permits by the sheriff, Scott Jones, since he took office four years ago.\u003c/p>\n\u003cp>During his campaign, Jones promised to loosen restrictions on issuing permits to carry concealed weapons. And he followed through. Gun owners now boast on online message boards that he hands out permits “like candy.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='”100%”' height='”166″'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/210588771″&visual=true&”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false”'\n title='”https://api.soundcloud.com/tracks/210588771″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The dramatic change in Sacramento after just one election illustrates the power of local sheriffs, using their own discretion and political views, to control the number of guns carried by residents on their streets. Now, that power \u003ca href=\"http://ww2.kqed.org/news/2015/06/16/appeals-panel-hearing-challenge-to-concealed-gun-rules\">is the subject of a potential landmark lawsuit\u003c/a> that could redefine the boundaries of the Second Amendment – and the right to carry a gun in public.\u003c/p>\n\u003cp>\u003cem>\u003cstrong>\u003ca href=\"https://www.revealnews.org/article/want-to-carry-a-concealed-gun-live-in-sacramento-not-san-francisco/\">Read the full story via The Center for Investigative Reporting\u003c/a>\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "California Supreme Court Upholds San Jose's Affordable Housing Rules",
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"content": "\u003cp>UPDATE 9/15/15: The Pacific Legal Foundation, representing the California Building Industry Association, has \u003ca href=\"http://www.pacificlegal.org/releases/release-9-15-15-CBIA-San-Jose-4-1508\" target=\"_blank\">appealed\u003c/a> \u003cem>California Building Industry Association v. City of San Jose\u003c/em> to the US Supreme Court. Legal analysts are split on whether the highest court in the land is likely to take the case.\u003c/p>\n\u003cp>In June, the California Supreme Court\u003ca href=\"http://www.courts.ca.gov/opinions/documents/S212072.PDF\" target=\"_blank\"> sided\u003c/a> with the city of San Jose in a case that could affect affordable housing rules all over the state.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.cacities.org/\" target=\"_blank\">League of California Cities\u003c/a> and \u003ca href=\"http://www.counties.org/\" target=\"_blank\">California State Association of Counties\u003c/a> estimate more than 170 municipalities have some kind of ordinance on the books to tackle the fact that real estate, especially in coastal markets, has become increasingly unaffordable for many renters and would-be homeowners. Both groups backed San Jose in the case.\u003c/p>\n\u003cp>Five years ago, San Jose tried to require that all new residential developments of 20 units or more set aside 15 percent of those units for sale below the market rate. Developers could opt out of building affordable units by paying a fee. That’s pretty common, a tactic that goes by the name \"inclusionary zoning,\" but the city side-stepped the usual study showing a relationship between the development of for-sale housing and the city’s need for affordable housing.\u003c/p>\n\u003cp>\u003cstrong>San Jose Knew It Was Breaking New Ground\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We were the largest city that was applying inclusionary housing citywide,\" explains San Jose’s interim Housing Director Jacky Morales-Ferrand. \"In addition to that, we used our legislative powers to impose inclusionary on developers. What we said was that because affordable housing is such a priority of the highest order, cities should have the power to legislate this requirement.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.cbia.org/\" target=\"_blank\">California Building Industry Association\u003c/a> sued, calling the new ordinance an unconstitutional taking of property.\u003c/p>\n\u003cp>University of San Francisco law professor Tim Iglesias organized and co-wrote an amicus brief for the city of San Jose. \"Most inclusionary ordinances give developers a number of different ways to comply with the requirement. So what the opponents have done is to seize on those alternative options and say, 'Hey look: This is an exaction,' which is kind of a term of art in law that makes the city have to justify that requirement in a different, stricter way.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210511868\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>A Santa Clara County judge invalidated San Jose's ordinance in 2012, referencing a case called \u003cem>\u003ca href=\"http://scocal.stanford.edu/opinion/san-remo-hotel-v-city-and-county-san-francisco-32243\" target=\"_blank\">San Remo Hotel L.P. v. City & County of San Francisco\u003c/a>, \u003c/em>but an appeals court rejected that reasoning a year later, and now the state Supreme Court has, too.\u003c/p>\n\u003cp>\u003cstrong>Court Cites \"Epic Proportions\" of Affording Housing Crisis\u003c/strong>\u003c/p>\n\u003cp>Noting the state's well-established scarcity of affordable housing, the ruling says: \"These problems have become more severe and have reached what might be described as epic proportions in many of the state's localities.\" The court goes on to note: \"The Court of Appeal held that the appropriate legal standard by which the validity of the ordinance is to be judged is the ordinary standard that past California decisions have uniformly applied.\"\u003c/p>\n\u003cp>The court wrote the conditions imposed by the San Jose ordinance did not constitute \"exactions\" that would bring the US or state constitutions into play. In addition, the court said enforcing those limits to address the city's affordable housing problem was \"constitutionally legitimate.\"\u003c/p>\n\u003cp>In a statement, San Jose Mayor Sam Liccardo wrote: \"I only regret that it required a Supreme Court ruling to uphold the ordinance, because we could have had the benefit of several years of implementation of this important tool.\"\u003c/p>\n\u003cp>Iglesias and Jacky Morales-Ferrand say the next step for cities and affordable housing advocates is to head to the state Legislature to allow for more expansive inclusionary zoning measures to be applied to rental housing as well as new units for sale.\u003c/p>\n\u003cp>So does the California Building Industry Association intend to appeal? Anthony Francois is a senior staff attorney at the \u003ca href=\"http://www.pacificlegal.org/\" target=\"_blank\">Pacific Legal Foundation\u003c/a>, which is representing the plaintiff. \"All options are under consideration,\" he says.\u003c/p>\n\u003cp>\"We think it's a very disappointing decision from the standpoint of property rights,\" Francois adds. \"The ruling allows local governments to impose financial penalties on anyone who provides new housing, and unfortunately, we believe that can only deter efforts by builders to ease the state's housing shortage.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The case is CALIFORNIA BUILDING INDUSTRY ASSOCIATION v. CITY OF SAN JOSE et al. (AFFORDABLE HOUSING NETWORK OF SANTA CLARA COUNTY et al.) \u003ca href=\"http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2051066&doc_no=S212072\" target=\"_blank\">S212072 \u003c/a>(H038563; Santa Clara County Superior Court – CV167289)\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We were the largest city that was applying inclusionary housing citywide,\" explains San Jose’s interim Housing Director Jacky Morales-Ferrand. \"In addition to that, we used our legislative powers to impose inclusionary on developers. What we said was that because affordable housing is such a priority of the highest order, cities should have the power to legislate this requirement.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.cbia.org/\" target=\"_blank\">California Building Industry Association\u003c/a> sued, calling the new ordinance an unconstitutional taking of property.\u003c/p>\n\u003cp>University of San Francisco law professor Tim Iglesias organized and co-wrote an amicus brief for the city of San Jose. \"Most inclusionary ordinances give developers a number of different ways to comply with the requirement. So what the opponents have done is to seize on those alternative options and say, 'Hey look: This is an exaction,' which is kind of a term of art in law that makes the city have to justify that requirement in a different, stricter way.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210511868&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210511868'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>A Santa Clara County judge invalidated San Jose's ordinance in 2012, referencing a case called \u003cem>\u003ca href=\"http://scocal.stanford.edu/opinion/san-remo-hotel-v-city-and-county-san-francisco-32243\" target=\"_blank\">San Remo Hotel L.P. v. City & County of San Francisco\u003c/a>, \u003c/em>but an appeals court rejected that reasoning a year later, and now the state Supreme Court has, too.\u003c/p>\n\u003cp>\u003cstrong>Court Cites \"Epic Proportions\" of Affording Housing Crisis\u003c/strong>\u003c/p>\n\u003cp>Noting the state's well-established scarcity of affordable housing, the ruling says: \"These problems have become more severe and have reached what might be described as epic proportions in many of the state's localities.\" The court goes on to note: \"The Court of Appeal held that the appropriate legal standard by which the validity of the ordinance is to be judged is the ordinary standard that past California decisions have uniformly applied.\"\u003c/p>\n\u003cp>The court wrote the conditions imposed by the San Jose ordinance did not constitute \"exactions\" that would bring the US or state constitutions into play. In addition, the court said enforcing those limits to address the city's affordable housing problem was \"constitutionally legitimate.\"\u003c/p>\n\u003cp>In a statement, San Jose Mayor Sam Liccardo wrote: \"I only regret that it required a Supreme Court ruling to uphold the ordinance, because we could have had the benefit of several years of implementation of this important tool.\"\u003c/p>\n\u003cp>Iglesias and Jacky Morales-Ferrand say the next step for cities and affordable housing advocates is to head to the state Legislature to allow for more expansive inclusionary zoning measures to be applied to rental housing as well as new units for sale.\u003c/p>\n\u003cp>So does the California Building Industry Association intend to appeal? Anthony Francois is a senior staff attorney at the \u003ca href=\"http://www.pacificlegal.org/\" target=\"_blank\">Pacific Legal Foundation\u003c/a>, which is representing the plaintiff. \"All options are under consideration,\" he says.\u003c/p>\n\u003cp>\"We think it's a very disappointing decision from the standpoint of property rights,\" Francois adds. \"The ruling allows local governments to impose financial penalties on anyone who provides new housing, and unfortunately, we believe that can only deter efforts by builders to ease the state's housing shortage.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The case is CALIFORNIA BUILDING INDUSTRY ASSOCIATION v. CITY OF SAN JOSE et al. (AFFORDABLE HOUSING NETWORK OF SANTA CLARA COUNTY et al.) \u003ca href=\"http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2051066&doc_no=S212072\" target=\"_blank\">S212072 \u003c/a>(H038563; Santa Clara County Superior Court – CV167289)\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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