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"content": "\u003cp>Bay Area civil rights advocates were reeling after Monday’s revelation that dozens of Alameda County sheriff’s deputies had failed the required psychological exams administered during the hiring process.\u003c/p>\n\u003cp>Jose Bernal, organizing director for the Ella Baker Center for Human Rights, an Oakland nonprofit, called the disclosure “absolutely horrifying and extremely disturbing.”\u003c/p>\n\u003cp>“It begs the question of how many of these deputies were involved in what incidents,” said Bernal, whose organization has long called for increased transparency from the sheriff’s office, especially concerning allegations of poor conditions inside Santa Rita Jail.\u003c/p>\n\u003cp>Since 2014, there have been more than 50 in-custody deaths in the massive county Dublin-based lockup, he said, a facility “plagued with abuse after abuse.” Santa Rita was the subject of \u003ca href=\"https://www.kqed.org/news/11918230/grand-jury-major-health-and-safety-violations-at-santa-rita-jail-require-urgent-attention\">a scathing grand jury\u003c/a> review released in June, just months after a federal judge placed the jail under court supervision for at least six years over conditions there.\u003c/p>\n\u003cp>The reaction from Bernal’s group and other activists comes less than a day after the Alameda County Sheriff’s Office announced \u003ca href=\"https://www.kqed.org/news/11926806/alameda-county-sheriffs-office-finds-47-deputies-hired-despite-failed-psych-tests-strips-officers-of-guns\">it had stripped 47 deputies of their guns and arrest powers\u003c/a> after an internal audit found those officers’ test results deemed them “unsuitable” to serve as peace officers, under state law.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11926806,news_11918230\"]Alameda County Sheriff Gregory Ahern said Monday that each of the deputies will be retested, and will continue to receive pay and benefits in the interim.\u003c/p>\n\u003cp>Lt. Ray Kelly, a spokesperson for the sheriff’s office, told KQED on Tuesday that it was appropriate for the public to be concerned by the news. “We will remedy it and, moving forward, it won’t happen again,” he said.\u003c/p>\n\u003cp>Kelly said the district attorney will be involved in reviewing cases where the affected deputies were involved.\u003c/p>\n\u003cp>Bernal, however, voiced serious concerns about the retesting process.\u003c/p>\n\u003cp>“It felt like a wink. Like, we’re going to make sure this gets taken care of and you’ll be back,” he said. “The whole situation major raises accountability questions, not just for deputies, but also for the leadership that has allowed this to happen for this long.”\u003c/p>\n\u003cp>The internal investigation was sparked by an incident earlier this month in which an off-duty sheriff’s deputy allegedly \u003ca href=\"https://www.kqed.org/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying\">shot and killed two people he knew\u003c/a>. Multiple sources told KTVU-TV that the deputy, who was hired a year ago, had failed his psychological exam, despite recent claims by Kelly that he had passed it.\u003c/p>\n\u003cp>John Burris, an Oakland-based civil rights attorney, described the psychological exam in question as one of the most important tests an officer must pass to get hired.\u003c/p>\n\u003cp>“Psychological makeup is important, because it really can affect how you do your job,” said Burris. “Whether you appreciate deescalation, whether you respect the community that you’re living in. Are you a hothead? Are you cool or not in under-pressure situations? Do you overreact? These are critical issues that you want to know when you hire someone.\u003c/p>\n\u003cp>“Officers who fail a psychological profile should definitely not be hired and certainly not be trusted with a gun and a badge,” Burris continued, adding that it was “disturbing” to learn the county had allowed some of these deputies to be on duty for as many as six years.\u003c/p>\n\u003cp>“They were basically playing Russian roulette with the community,” he said.\u003c/p>\n\u003cp>James Burch, deputy director of the Oakland-based Anti Police-Terror Project, called the revelation “horrifying but not surprising.”\u003c/p>\n\u003cp>“We must now determine how many community members have been stopped, harassed, detained, harmed, or killed by deputies who, according to the law, should never have interacted with them in the first place,” he said in a statement. “We can only imagine how the families … feel after hearing that the officers responsible for their loved ones’ deaths were quite possibly not authorized to use force under color of state law.”\u003c/p>\n\u003cp>Attorney Burris noted, however, that the disclosure could ultimately be positive.\u003c/p>\n\u003cp>“Better late than never,” he said. “I’m hoping this will mean there may be fewer officers who are not able to handle the job psychologically. And maybe it’s better treatment for the inmates. Better treatment for the people on the streets.”\u003c/p>\n\u003cp>The U.S. Deputy Sheriff’s Association did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed reporting.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Bay Area civil rights advocates were reeling after Monday’s revelation that dozens of Alameda County sheriff’s deputies had failed the required psychological exams administered during the hiring process.\u003c/p>\n\u003cp>Jose Bernal, organizing director for the Ella Baker Center for Human Rights, an Oakland nonprofit, called the disclosure “absolutely horrifying and extremely disturbing.”\u003c/p>\n\u003cp>“It begs the question of how many of these deputies were involved in what incidents,” said Bernal, whose organization has long called for increased transparency from the sheriff’s office, especially concerning allegations of poor conditions inside Santa Rita Jail.\u003c/p>\n\u003cp>Since 2014, there have been more than 50 in-custody deaths in the massive county Dublin-based lockup, he said, a facility “plagued with abuse after abuse.” Santa Rita was the subject of \u003ca href=\"https://www.kqed.org/news/11918230/grand-jury-major-health-and-safety-violations-at-santa-rita-jail-require-urgent-attention\">a scathing grand jury\u003c/a> review released in June, just months after a federal judge placed the jail under court supervision for at least six years over conditions there.\u003c/p>\n\u003cp>The reaction from Bernal’s group and other activists comes less than a day after the Alameda County Sheriff’s Office announced \u003ca href=\"https://www.kqed.org/news/11926806/alameda-county-sheriffs-office-finds-47-deputies-hired-despite-failed-psych-tests-strips-officers-of-guns\">it had stripped 47 deputies of their guns and arrest powers\u003c/a> after an internal audit found those officers’ test results deemed them “unsuitable” to serve as peace officers, under state law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Alameda County Sheriff Gregory Ahern said Monday that each of the deputies will be retested, and will continue to receive pay and benefits in the interim.\u003c/p>\n\u003cp>Lt. Ray Kelly, a spokesperson for the sheriff’s office, told KQED on Tuesday that it was appropriate for the public to be concerned by the news. “We will remedy it and, moving forward, it won’t happen again,” he said.\u003c/p>\n\u003cp>Kelly said the district attorney will be involved in reviewing cases where the affected deputies were involved.\u003c/p>\n\u003cp>Bernal, however, voiced serious concerns about the retesting process.\u003c/p>\n\u003cp>“It felt like a wink. Like, we’re going to make sure this gets taken care of and you’ll be back,” he said. “The whole situation major raises accountability questions, not just for deputies, but also for the leadership that has allowed this to happen for this long.”\u003c/p>\n\u003cp>The internal investigation was sparked by an incident earlier this month in which an off-duty sheriff’s deputy allegedly \u003ca href=\"https://www.kqed.org/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying\">shot and killed two people he knew\u003c/a>. Multiple sources told KTVU-TV that the deputy, who was hired a year ago, had failed his psychological exam, despite recent claims by Kelly that he had passed it.\u003c/p>\n\u003cp>John Burris, an Oakland-based civil rights attorney, described the psychological exam in question as one of the most important tests an officer must pass to get hired.\u003c/p>\n\u003cp>“Psychological makeup is important, because it really can affect how you do your job,” said Burris. “Whether you appreciate deescalation, whether you respect the community that you’re living in. Are you a hothead? Are you cool or not in under-pressure situations? Do you overreact? These are critical issues that you want to know when you hire someone.\u003c/p>\n\u003cp>“Officers who fail a psychological profile should definitely not be hired and certainly not be trusted with a gun and a badge,” Burris continued, adding that it was “disturbing” to learn the county had allowed some of these deputies to be on duty for as many as six years.\u003c/p>\n\u003cp>“They were basically playing Russian roulette with the community,” he said.\u003c/p>\n\u003cp>James Burch, deputy director of the Oakland-based Anti Police-Terror Project, called the revelation “horrifying but not surprising.”\u003c/p>\n\u003cp>“We must now determine how many community members have been stopped, harassed, detained, harmed, or killed by deputies who, according to the law, should never have interacted with them in the first place,” he said in a statement. “We can only imagine how the families … feel after hearing that the officers responsible for their loved ones’ deaths were quite possibly not authorized to use force under color of state law.”\u003c/p>\n\u003cp>Attorney Burris noted, however, that the disclosure could ultimately be positive.\u003c/p>\n\u003cp>“Better late than never,” he said. “I’m hoping this will mean there may be fewer officers who are not able to handle the job psychologically. And maybe it’s better treatment for the inmates. Better treatment for the people on the streets.”\u003c/p>\n\u003cp>The U.S. Deputy Sheriff’s Association did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed reporting.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Despite Privacy Concerns, San Francisco Supervisors Expand Police Access to Live Camera Feeds",
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"content": "\u003cp>San Francisco \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=11240602&GUID=8E192C3D-24AF-4851-A25A-DC5DA85E7E77\">supervisors voted Tuesday for a trial run allowing police to monitor, in real time, private surveillance cameras\u003c/a> in certain circumstances, despite strong objections from civil liberties groups alarmed by the potential impact on privacy.\u003c/p>\n\u003cp>Mayor London Breed requested the ability to monitor in real time and was supported by merchants and residents who say police officers need more tools to combat drug dealing and retail theft they say have marred the city’s quality of life. It is temporary and will sunset in 15 months.\u003c/p>\n\u003cp>The vote was 7-4, with some supervisors astonished that the governing board of politically liberal San Francisco would consider granting more powers to law enforcement in a city that celebrates its activism. Others pushed back, saying they were tired of sophisticated criminal networks taking advantage of San Francisco’s lax attitude toward retail theft and other property crimes.\u003c/p>\n\u003cp>Supervisor Aaron Peskin, a privacy advocate who successfully passed legislation in 2019 to \u003ca href=\"https://www.kqed.org/news/11746658/san-francisco-may-ban-police-city-use-of-facial-recognition-technology\">ban the use of facial recognition software\u003c/a> by San Francisco police and other city departments, voted for the expansion. He said his team worked hard with the mayor and other members of the board to negotiate safeguards, including strict reporting requirements on when live monitoring was used and whether it improved safety.\u003c/p>\n\u003cp>“I realized that is anathema to some,” said Peskin. “I am willing to give it a try.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police use of private surveillance equipment has ramped up across the country as a way to deter and investigate crime. Most use is voluntary, as it is in San Francisco, although a new ordinance in Houston, Texas, mandates certain businesses — bars, nightclubs and convenience stores — to record outside their premises at all times and share footage with police when requested.\u003c/p>\n\u003cp>In San Francisco, the new policy comes after years of a tumultuous pandemic in which viral footage of rampant shoplifting and brutal attacks on Asian Americans fueled a sense of unease and lawlessness.\u003c/p>\n\u003cp>Under the new rules, police can monitor live for up to 24 hours, but only in emergencies where lives are at stake or in criminal investigations with a captain’s written approval. They can also monitor high-profile events to decide where to deploy officers. Permission must be received from the individual, business or community district for access to their cameras. Only outdoor areas can be monitored.[aside label=\"Related Stories\" postID=\"news_11841385,news_11899726,news_11747249\"]The trial period will last 15 months, giving supervisors about a year’s worth of data to review before they decide whether to extend the pilot program, tweak it or end it, Peskin said.\u003c/p>\n\u003cp>The ACLU of Northern California was among more than two dozen groups that called on supervisors to prohibit live surveillance except in emergencies, saying it would disproportionately affect African Americans and other vulnerable communities.\u003c/p>\n\u003cp>The ACLU and the Electronic Frontier Foundation sued San Francisco on behalf of protestors in 2020, claiming \u003ca href=\"https://www.kqed.org/news/11841385/sf-police-used-camera-network-to-illegally-spy-on-protestors-new-lawsuit-alleges\">San Francisco police illegally monitored live feeds of protestors\u003c/a> who were marching in the wake of George Floyd’s death.\u003c/p>\n\u003cp>Privacy advocates argued that police violated a local ordinance requiring the department to gain permission from the Board of Supervisors to monitor live feeds when they accessed a camera network operated by the Union Square Business Improvement District.\u003c/p>\n\u003cp>They also said police surveillance of public demonstrations can discourage people from exercising their rights to free speech and assembly.\u003c/p>\n\u003cp>In February, a judge decided in favor of San Francisco. In his ruling, San Francisco Superior Court Judge Richard Ulmer said the Union Square group gave police access to the cameras for the 2019 Pride Parade, before the ordinance was implemented, and therefore the police were allowed to continue accessing the network.\u003c/p>\n\u003cp>The two advocacy groups announced last month that they will appeal the decision.\u003c/p>\n\u003cp>Board President Shamann Walton, who is Black and voted against the legislation, said police already have the tools to request video footage from private citizens and make arrests.\u003c/p>\n\u003cp>“I know the thought process is, ‘Just trust us, just trust the police department.’ But the reality is people have been violating civil liberties since my ancestors were brought here from an entirely, completely different continent,” he said.\u003c/p>\n\u003cp>Mayor Breed thanked the board, saying live surveillance would allow the police “to respond to the challenges presented by organized criminal activity, homicides, gun violence,” and even officer misconduct.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11899726/sf-mayor-breed-declares-state-of-emergency-in-tenderloin\">In December, the mayor called for a crackdown\u003c/a> on illegal vending and drug dealing in the Tenderloin, one of the most economically disadvantaged neighborhoods in the city with among the highest overdose rates. At the time, she announced she would seek legislation allowing law enforcement real-time access to surveillance video.\u003c/p>\n\u003cp>Despite her harsh words — Breed said it was time to be “less tolerant of all the bull— that has destroyed our city” — the neighborhood remains troubled.\u003c/p>\n\u003cp>In June, \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">San Francisco’s progressive prosecutor Chesa Boudin was ousted\u003c/a> from the district attorney’s office in a rare recall and replaced by Brooke Jenkins, who supports the trial program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>To become law, the proposal needs a second vote, which is usually perfunctory and given the following week. Two members of the city’s five-member police commission, a citizen-led oversight body, have requested that the board hold off on the final vote until they have an opportunity to review the legislation.\u003c/p>\n\n",
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"excerpt": "For the next 15 months, San Francisco police will be allowed to monitor live feeds from camera networks in cases of life-threatening emergencies, large events with safety concerns and criminal investigations with a captain's written approval.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=11240602&GUID=8E192C3D-24AF-4851-A25A-DC5DA85E7E77\">supervisors voted Tuesday for a trial run allowing police to monitor, in real time, private surveillance cameras\u003c/a> in certain circumstances, despite strong objections from civil liberties groups alarmed by the potential impact on privacy.\u003c/p>\n\u003cp>Mayor London Breed requested the ability to monitor in real time and was supported by merchants and residents who say police officers need more tools to combat drug dealing and retail theft they say have marred the city’s quality of life. It is temporary and will sunset in 15 months.\u003c/p>\n\u003cp>The vote was 7-4, with some supervisors astonished that the governing board of politically liberal San Francisco would consider granting more powers to law enforcement in a city that celebrates its activism. Others pushed back, saying they were tired of sophisticated criminal networks taking advantage of San Francisco’s lax attitude toward retail theft and other property crimes.\u003c/p>\n\u003cp>Supervisor Aaron Peskin, a privacy advocate who successfully passed legislation in 2019 to \u003ca href=\"https://www.kqed.org/news/11746658/san-francisco-may-ban-police-city-use-of-facial-recognition-technology\">ban the use of facial recognition software\u003c/a> by San Francisco police and other city departments, voted for the expansion. He said his team worked hard with the mayor and other members of the board to negotiate safeguards, including strict reporting requirements on when live monitoring was used and whether it improved safety.\u003c/p>\n\u003cp>“I realized that is anathema to some,” said Peskin. “I am willing to give it a try.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Police use of private surveillance equipment has ramped up across the country as a way to deter and investigate crime. Most use is voluntary, as it is in San Francisco, although a new ordinance in Houston, Texas, mandates certain businesses — bars, nightclubs and convenience stores — to record outside their premises at all times and share footage with police when requested.\u003c/p>\n\u003cp>In San Francisco, the new policy comes after years of a tumultuous pandemic in which viral footage of rampant shoplifting and brutal attacks on Asian Americans fueled a sense of unease and lawlessness.\u003c/p>\n\u003cp>Under the new rules, police can monitor live for up to 24 hours, but only in emergencies where lives are at stake or in criminal investigations with a captain’s written approval. They can also monitor high-profile events to decide where to deploy officers. Permission must be received from the individual, business or community district for access to their cameras. Only outdoor areas can be monitored.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The trial period will last 15 months, giving supervisors about a year’s worth of data to review before they decide whether to extend the pilot program, tweak it or end it, Peskin said.\u003c/p>\n\u003cp>The ACLU of Northern California was among more than two dozen groups that called on supervisors to prohibit live surveillance except in emergencies, saying it would disproportionately affect African Americans and other vulnerable communities.\u003c/p>\n\u003cp>The ACLU and the Electronic Frontier Foundation sued San Francisco on behalf of protestors in 2020, claiming \u003ca href=\"https://www.kqed.org/news/11841385/sf-police-used-camera-network-to-illegally-spy-on-protestors-new-lawsuit-alleges\">San Francisco police illegally monitored live feeds of protestors\u003c/a> who were marching in the wake of George Floyd’s death.\u003c/p>\n\u003cp>Privacy advocates argued that police violated a local ordinance requiring the department to gain permission from the Board of Supervisors to monitor live feeds when they accessed a camera network operated by the Union Square Business Improvement District.\u003c/p>\n\u003cp>They also said police surveillance of public demonstrations can discourage people from exercising their rights to free speech and assembly.\u003c/p>\n\u003cp>In February, a judge decided in favor of San Francisco. In his ruling, San Francisco Superior Court Judge Richard Ulmer said the Union Square group gave police access to the cameras for the 2019 Pride Parade, before the ordinance was implemented, and therefore the police were allowed to continue accessing the network.\u003c/p>\n\u003cp>The two advocacy groups announced last month that they will appeal the decision.\u003c/p>\n\u003cp>Board President Shamann Walton, who is Black and voted against the legislation, said police already have the tools to request video footage from private citizens and make arrests.\u003c/p>\n\u003cp>“I know the thought process is, ‘Just trust us, just trust the police department.’ But the reality is people have been violating civil liberties since my ancestors were brought here from an entirely, completely different continent,” he said.\u003c/p>\n\u003cp>Mayor Breed thanked the board, saying live surveillance would allow the police “to respond to the challenges presented by organized criminal activity, homicides, gun violence,” and even officer misconduct.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11899726/sf-mayor-breed-declares-state-of-emergency-in-tenderloin\">In December, the mayor called for a crackdown\u003c/a> on illegal vending and drug dealing in the Tenderloin, one of the most economically disadvantaged neighborhoods in the city with among the highest overdose rates. At the time, she announced she would seek legislation allowing law enforcement real-time access to surveillance video.\u003c/p>\n\u003cp>Despite her harsh words — Breed said it was time to be “less tolerant of all the bull— that has destroyed our city” — the neighborhood remains troubled.\u003c/p>\n\u003cp>In June, \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">San Francisco’s progressive prosecutor Chesa Boudin was ousted\u003c/a> from the district attorney’s office in a rare recall and replaced by Brooke Jenkins, who supports the trial program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>To become law, the proposal needs a second vote, which is usually perfunctory and given the following week. Two members of the city’s five-member police commission, a citizen-led oversight body, have requested that the board hold off on the final vote until they have an opportunity to review the legislation.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Crime Survivors of Color Demand Rethinking of California's Victim System — and They're Making Changes",
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"content": "\u003cp>Ebony Antoine and her husband, Corry Rojas, moved from Oakland to Stockton in 2003 for cheaper rent and an opportunity to grow their family.\u003c/p>\n\u003cp>By 2010, they were happily raising their three children in an apartment complex. When the unit next door opened up, Antoine talked her best friend into moving in with her two teenage sons from Oakland — Antoine and Rojas were the boys’ godparents.\u003c/p>\n\u003cp>Rojas, she thought, could be a role model for the teenage boys, whose father wasn’t around.\u003c/p>\n\u003cp>One warm Saturday night that year, they heard gunshots outside.\u003c/p>\n\u003cp>“We drop, we get on the floor and then we can hear the young man moaning,” Antoine recalled. “And so my husband said, I’m not going to let him die alone. I’m going to go out there.”[pullquote size=\"medium\" align=\"right\" citation=\"Ebony Antoine, founder, Broken by Violence\"]‘There’s no resources. But somehow you’re supposed to dust yourself off and pretend like this horrific crime never happened.’[/pullquote]\u003c/p>\n\u003cp>The next day, a detective knocked on the door, and Antoine let him in. Rojas answered some questions — he didn’t have much to tell, since he hadn’t witnessed the shooting. But about two weeks later, someone else knocked on their front door. One of his godsons answered. Rojas pushed him out of the way and was shot point-blank in front of his children and godchildren.\u003c/p>\n\u003cp>“My son was there, my youngest daughter was in that same living room and my oldest daughter, I remember her wailing from the stairs — 10 years old and her father was her everything,” Antonie said.\u003c/p>\n\u003cp>Rojas’ murder would have been devastating enough. But afterward, Antoine says, she was repeatedly retraumatized. Like many families of color who lose loved ones to violence, she was confronted by \u003ca href=\"https://www.law.berkeley.edu/wp-content/uploads/2020/01/Living-with-Impunity.pdf\">a government system that has historically excluded\u003c/a> those communities from the services and compensation promised to victims of crime in California. That system included police, prosecutors and the state of California itself.\u003c/p>\n\u003cp>“Honestly, I was treated like I really didn’t matter,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11925076\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925076\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in a red shirt and a younger woman in a white shirt make a bracelet\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, helps her daughter Courtney Rojas make a bracelet during a healing circle for people affected by violence. The organization helps connect survivors of crime with resources and offers emotional support. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rojas’ murder remains unsolved. After his death, Antoine applied for help through the state’s Victim Compensation Board, which offers financial assistance to crime survivors. It did cover the funeral. But they denied virtually everything else — moving costs, help relocating to a home where her family felt safe, help with the income they lost when their main provider was murdered.\u003c/p>\n\u003cp>“There’s no resources. But somehow you’re supposed to dust yourself off and pretend like this horrific crime never happened,” she said.\u003c/p>\n\u003cp>But she and others are working to change that — and they’re making headway. After decades during which the debate over what crime victims want and need was dominated by a handful of groups closely aligned with law enforcement and largely focused on criminal punishment, a new movement has emerged.\u003c/p>\n\u003cp>It’s being led by the communities most affected by violence, largely women of color — the mothers, sisters, wives and girlfriends who have been left reeling. And they’re demanding that California take a more holistic view of who is considered victims.\u003c/p>\n\u003cp>One of the groups helping organize crime survivors is Californians for Safety and Justice, a nonprofit that views the mission of helping both criminal offenders and victims as interconnected and necessary in order to build safer communities. Tinisch Hollins is the group’s executive director and lost two brothers to gun violence herself.\u003c/p>\n\u003cp>She said it’s not unusual for family members of crime victims to be treated like suspects by police.\u003c/p>\n\u003cp>“You know, it’s not impossible for someone to have both experiences,” Hollins said. “It’s not impossible for someone to have had a criminal record or had past contact with the criminal legal system and be a victim of a crime.”[aside postID=\"news_11910871\" label=\"Related Post\"]Californians for Safety and Justice is best known for their work on criminal justice reforms, including the controversial Proposition 47. That 2014 ballot measure made many low-level felonies, such as drug possession, misdemeanors and raised the dollar threshold for prosecuting shoplifting. Many in law enforcement have blamed it for changes to crime patterns.\u003c/p>\n\u003cp>But they’ve also created a network of thousands of crime survivors — including Antoine — who have lobbied for changes to state law so there’s acknowledgement of the damage violence wreaks on communities.\u003c/p>\n\u003cp>For example, for decades, California’s Victim Compensation Board has required victims to cooperate with police and excluded anyone on parole or who police believe was involved in the crime. And the gatekeepers making those judgments — whether someone is listed in the police report as a victim, whether they are deemed to be cooperating — are often police officers.\u003c/p>\n\u003cp>The way the law has been structured, Hollins said, “excludes some of those people from being recognized as a victim, from being able to access trauma recovery services or get mental health or get relocated.”\u003c/p>\n\u003cfigure id=\"attachment_11925077\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925077\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in red has a bracelet put on her by a friend\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, holds a healing circle for people affected by violence in Fairfield. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mariam El-menshawi is director of the California Victims Legal Resource Center, which runs a hotline — 1-800-VICTIMS — and website to provide assistance and resources to crime survivors. She said leaving so many people out of the survivor system only creates more crime — and more victims.\u003c/p>\n\u003cp>“It stops them from being able to move on and to heal from the injury,” she said. “So it definitely creates a cycle where people, you know, aren’t able to access help and then they just go back into this same hurt.”\u003c/p>\n\u003cp>But things appear to be changing. Advocates including Antoine and Hollins have netted several legislative wins this year — California is increasing the amount of cash many victims can get, including relocation expenses. And they are\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB160\"> removing some of those barriers to qualifying for the victims compensation fund\u003c/a> — people on parole and probation will now be able to access the fund, and not everyone will have to cooperate with police to qualify.\u003c/p>\n\u003cp>Additionally, the \u003ca href=\"https://ebudget.ca.gov/2022-23/pdf/Enacted/BudgetSummary/CriminalJustice.pdf\">state budget includes more than $300 million\u003c/a> for programs aimed at both supporting victims and preventing future crimes. That includes $50 million that will be given as grants to community organizations, who can then offer families in vulnerable communities flexible, direct cash assistance that’s not tied to the traditional victims compensation fund.\u003c/p>\n\u003cp>Ebony Antonie helped come up with some of these ideas — she is now a full-time advocate through her nonprofit, Broken by Violence. The organization provides resources and coping skills for grieving family members and victims of violence.\u003c/p>\n\u003cp>But for her family, most of these changes come too late, even though the impacts of her husband’s still unsolved murder continue to ripple. Her then-teenage godson — who opened the door the night Rojas was murdered — is now serving a prison sentence himself for murder.\u003c/p>\n\u003cp>But her three kids are doing well. And she’s finding purpose in her work helping other crime survivors get the services and help she didn’t.\u003c/p>\n\u003cp>“God knew that I was not going to allow Corry’s death to be something that would be my demise, and I would turn my pain into power,” she said. “I was desperate to find someone that had a success story after experiencing something so horrific … So I decided that I would be that. Broken by Violence gives me an opportunity to let people know I look like you, I’ve suffered like you, and I’m going to go to bat for you.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ebony Antoine and her husband, Corry Rojas, moved from Oakland to Stockton in 2003 for cheaper rent and an opportunity to grow their family.\u003c/p>\n\u003cp>By 2010, they were happily raising their three children in an apartment complex. When the unit next door opened up, Antoine talked her best friend into moving in with her two teenage sons from Oakland — Antoine and Rojas were the boys’ godparents.\u003c/p>\n\u003cp>Rojas, she thought, could be a role model for the teenage boys, whose father wasn’t around.\u003c/p>\n\u003cp>One warm Saturday night that year, they heard gunshots outside.\u003c/p>\n\u003cp>“We drop, we get on the floor and then we can hear the young man moaning,” Antoine recalled. “And so my husband said, I’m not going to let him die alone. I’m going to go out there.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The next day, a detective knocked on the door, and Antoine let him in. Rojas answered some questions — he didn’t have much to tell, since he hadn’t witnessed the shooting. But about two weeks later, someone else knocked on their front door. One of his godsons answered. Rojas pushed him out of the way and was shot point-blank in front of his children and godchildren.\u003c/p>\n\u003cp>“My son was there, my youngest daughter was in that same living room and my oldest daughter, I remember her wailing from the stairs — 10 years old and her father was her everything,” Antonie said.\u003c/p>\n\u003cp>Rojas’ murder would have been devastating enough. But afterward, Antoine says, she was repeatedly retraumatized. Like many families of color who lose loved ones to violence, she was confronted by \u003ca href=\"https://www.law.berkeley.edu/wp-content/uploads/2020/01/Living-with-Impunity.pdf\">a government system that has historically excluded\u003c/a> those communities from the services and compensation promised to victims of crime in California. That system included police, prosecutors and the state of California itself.\u003c/p>\n\u003cp>“Honestly, I was treated like I really didn’t matter,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11925076\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925076\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in a red shirt and a younger woman in a white shirt make a bracelet\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, helps her daughter Courtney Rojas make a bracelet during a healing circle for people affected by violence. The organization helps connect survivors of crime with resources and offers emotional support. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rojas’ murder remains unsolved. After his death, Antoine applied for help through the state’s Victim Compensation Board, which offers financial assistance to crime survivors. It did cover the funeral. But they denied virtually everything else — moving costs, help relocating to a home where her family felt safe, help with the income they lost when their main provider was murdered.\u003c/p>\n\u003cp>“There’s no resources. But somehow you’re supposed to dust yourself off and pretend like this horrific crime never happened,” she said.\u003c/p>\n\u003cp>But she and others are working to change that — and they’re making headway. After decades during which the debate over what crime victims want and need was dominated by a handful of groups closely aligned with law enforcement and largely focused on criminal punishment, a new movement has emerged.\u003c/p>\n\u003cp>It’s being led by the communities most affected by violence, largely women of color — the mothers, sisters, wives and girlfriends who have been left reeling. And they’re demanding that California take a more holistic view of who is considered victims.\u003c/p>\n\u003cp>One of the groups helping organize crime survivors is Californians for Safety and Justice, a nonprofit that views the mission of helping both criminal offenders and victims as interconnected and necessary in order to build safer communities. Tinisch Hollins is the group’s executive director and lost two brothers to gun violence herself.\u003c/p>\n\u003cp>She said it’s not unusual for family members of crime victims to be treated like suspects by police.\u003c/p>\n\u003cp>“You know, it’s not impossible for someone to have both experiences,” Hollins said. “It’s not impossible for someone to have had a criminal record or had past contact with the criminal legal system and be a victim of a crime.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Californians for Safety and Justice is best known for their work on criminal justice reforms, including the controversial Proposition 47. That 2014 ballot measure made many low-level felonies, such as drug possession, misdemeanors and raised the dollar threshold for prosecuting shoplifting. Many in law enforcement have blamed it for changes to crime patterns.\u003c/p>\n\u003cp>But they’ve also created a network of thousands of crime survivors — including Antoine — who have lobbied for changes to state law so there’s acknowledgement of the damage violence wreaks on communities.\u003c/p>\n\u003cp>For example, for decades, California’s Victim Compensation Board has required victims to cooperate with police and excluded anyone on parole or who police believe was involved in the crime. And the gatekeepers making those judgments — whether someone is listed in the police report as a victim, whether they are deemed to be cooperating — are often police officers.\u003c/p>\n\u003cp>The way the law has been structured, Hollins said, “excludes some of those people from being recognized as a victim, from being able to access trauma recovery services or get mental health or get relocated.”\u003c/p>\n\u003cfigure id=\"attachment_11925077\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925077\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in red has a bracelet put on her by a friend\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, holds a healing circle for people affected by violence in Fairfield. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mariam El-menshawi is director of the California Victims Legal Resource Center, which runs a hotline — 1-800-VICTIMS — and website to provide assistance and resources to crime survivors. She said leaving so many people out of the survivor system only creates more crime — and more victims.\u003c/p>\n\u003cp>“It stops them from being able to move on and to heal from the injury,” she said. “So it definitely creates a cycle where people, you know, aren’t able to access help and then they just go back into this same hurt.”\u003c/p>\n\u003cp>But things appear to be changing. Advocates including Antoine and Hollins have netted several legislative wins this year — California is increasing the amount of cash many victims can get, including relocation expenses. And they are\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB160\"> removing some of those barriers to qualifying for the victims compensation fund\u003c/a> — people on parole and probation will now be able to access the fund, and not everyone will have to cooperate with police to qualify.\u003c/p>\n\u003cp>Additionally, the \u003ca href=\"https://ebudget.ca.gov/2022-23/pdf/Enacted/BudgetSummary/CriminalJustice.pdf\">state budget includes more than $300 million\u003c/a> for programs aimed at both supporting victims and preventing future crimes. That includes $50 million that will be given as grants to community organizations, who can then offer families in vulnerable communities flexible, direct cash assistance that’s not tied to the traditional victims compensation fund.\u003c/p>\n\u003cp>Ebony Antonie helped come up with some of these ideas — she is now a full-time advocate through her nonprofit, Broken by Violence. The organization provides resources and coping skills for grieving family members and victims of violence.\u003c/p>\n\u003cp>But for her family, most of these changes come too late, even though the impacts of her husband’s still unsolved murder continue to ripple. Her then-teenage godson — who opened the door the night Rojas was murdered — is now serving a prison sentence himself for murder.\u003c/p>\n\u003cp>But her three kids are doing well. And she’s finding purpose in her work helping other crime survivors get the services and help she didn’t.\u003c/p>\n\u003cp>“God knew that I was not going to allow Corry’s death to be something that would be my demise, and I would turn my pain into power,” she said. “I was desperate to find someone that had a success story after experiencing something so horrific … So I decided that I would be that. Broken by Violence gives me an opportunity to let people know I look like you, I’ve suffered like you, and I’m going to go to bat for you.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The intense hunt for an Alameda County sheriff’s deputy — the suspect in a bizarre double-slaying in which a husband and wife were shot early Wednesday morning in their home — ended abruptly nearly 12 hours later with a phone call.\u003c/p>\n\u003cp>Devin Williams Jr., a deputy with the Alameda County Sheriff’s Office, called authorities after he fled the shooting and said he wanted to turn himself in, officials said.[pullquote size=\"medium\" align=\"right\" citation=\"Garrett Holmes, Dublin police chief \"]‘It’s a great loss for our community, and it’s even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident.’[/pullquote]\u003c/p>\n\u003cp>Police stayed on the phone with him until the off-duty deputy was taken into custody by the California Highway Patrol in a rural area near the Central Valley city of Coalinga, about 160 miles south of the crime scene.\u003c/p>\n\u003cp>Police had earlier launched a manhunt for Williams, 24, and warned he was considered armed and dangerous.\u003c/p>\n\u003cp>“It’s a great loss for our community, and it’s even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident,” said Dublin Police Chief Garrett Holmes, who is also a commander in the sheriff’s office.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Authorities said Williams was in a mental health crisis and Holmes personally spent 45 minutes on the phone talking with the deputy to convince him to surrender.\u003c/p>\n\u003cp>Police were called to a home in the East Bay city of Dublin around 12:45 a.m. The 911 caller said an intruder had come into the home brandishing a gun and shot two people before fleeing in a vehicle, Holmes said at a news conference Wednesday morning.\u003c/p>\n\u003cp>Witnesses identified the gunman as Williams.\u003c/p>\n\u003cp>Police said Williams used his service weapon in the shooting and threw it out his car window as he fled. Detectives were still searching for the gun.\u003c/p>\n\u003cp>Both victims, a 42-year-old woman and a 58-year-old man whose names were not immediately released, were pronounced dead at the scene.[aside tag=\"police, justice\" label=\"More Related Stories\"]Williams was hired by the Alameda County sheriff’s office last year, after a brief stint with Stockton Police. Officials said he did not pass a field probationary period in Stockton, and was let go by that department.\u003c/p>\n\u003cp>Williams knew the couple, but investigators were still trying “to fine-tune their connection” and determine the motive, according to Alameda County sheriff’s spokesperson Lt. Ray Kelly.\u003c/p>\n\u003cp>The sheriff’s department says both victims, a man and a woman, died in the residence. They have one child, whom law enforcement believe was at home at the time of the shooting and was not injured. Also in the home was a male relative of the couple who was visiting.\u003c/p>\n\u003cp>The male relative was unhurt and was talking to detectives about what occurred, Kelly said.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-11924894\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg\" alt=\"Photo of two large badges behind a display window with the words 'loyalty, leadership and integrity'\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>“This was not a random crime,” Kelly said. “This is a very bizarre chain of events that unfolded.”\u003c/p>\n\u003cp>Kelly said Williams went through “some significant events” in his life in the last few months that led to the killings but did not specify what had happened.\u003c/p>\n\u003cp>“A lot of those events went undiscovered and undisclosed and we’re going to be looking into that. There’s a lot of questions that need to be answered,” he said.\u003c/p>\n\u003cp>Kelly said Williams had been with the sheriff’s office since September 2021 and was still on probation. He had been assigned to the Oakland courthouse and there were no concerns about his job performance.\u003c/p>\n\u003cp>“This is a tragedy. We’re all in shock here,” Kelly said.\u003c/p>\n\u003cp>Wednesday was Williams’ one-year anniversary with the sheriff’s office, and the agency’s investigators were spending it trying to figure out what prompted the violence.\u003c/p>\n\u003cp>“He grew up in a very affluent home, well-loved, graduated from college with honors, was really a remarkable young person. How we got here today, it will be part of our investigation and something we’re looking at,” Kelly said.\u003c/p>\n\u003cp>Williams, who is from Stockton, briefly worked with the Stockton Police Department, where he completed their police academy but was ultimately let go after he failed their field training program, Kelly said.\u003c/p>\n\u003cp>Stockton Police spokesperson Officer Joseph Silva said he could not discuss why Williams left the department because it is a “personnel matter.” He confirmed Williams worked for the Stockton Police Department from January 2020 to January 2021.\u003c/p>\n\u003cp>The Deputy Sheriffs’ Association of Alameda County, the union that represents rank-and-file deputies, did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Dazio reported from Los Angeles. KQED’s Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Williams was hired by the Alameda County sheriff’s office last year, after a brief stint with Stockton Police. Officials said he did not pass a field probationary period in Stockton, and was let go by that department.\u003c/p>\n\u003cp>Williams knew the couple, but investigators were still trying “to fine-tune their connection” and determine the motive, according to Alameda County sheriff’s spokesperson Lt. Ray Kelly.\u003c/p>\n\u003cp>The sheriff’s department says both victims, a man and a woman, died in the residence. They have one child, whom law enforcement believe was at home at the time of the shooting and was not injured. Also in the home was a male relative of the couple who was visiting.\u003c/p>\n\u003cp>The male relative was unhurt and was talking to detectives about what occurred, Kelly said.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-11924894\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg\" alt=\"Photo of two large badges behind a display window with the words 'loyalty, leadership and integrity'\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>“This was not a random crime,” Kelly said. “This is a very bizarre chain of events that unfolded.”\u003c/p>\n\u003cp>Kelly said Williams went through “some significant events” in his life in the last few months that led to the killings but did not specify what had happened.\u003c/p>\n\u003cp>“A lot of those events went undiscovered and undisclosed and we’re going to be looking into that. There’s a lot of questions that need to be answered,” he said.\u003c/p>\n\u003cp>Kelly said Williams had been with the sheriff’s office since September 2021 and was still on probation. He had been assigned to the Oakland courthouse and there were no concerns about his job performance.\u003c/p>\n\u003cp>“This is a tragedy. We’re all in shock here,” Kelly said.\u003c/p>\n\u003cp>Wednesday was Williams’ one-year anniversary with the sheriff’s office, and the agency’s investigators were spending it trying to figure out what prompted the violence.\u003c/p>\n\u003cp>“He grew up in a very affluent home, well-loved, graduated from college with honors, was really a remarkable young person. How we got here today, it will be part of our investigation and something we’re looking at,” Kelly said.\u003c/p>\n\u003cp>Williams, who is from Stockton, briefly worked with the Stockton Police Department, where he completed their police academy but was ultimately let go after he failed their field training program, Kelly said.\u003c/p>\n\u003cp>Stockton Police spokesperson Officer Joseph Silva said he could not discuss why Williams left the department because it is a “personnel matter.” He confirmed Williams worked for the Stockton Police Department from January 2020 to January 2021.\u003c/p>\n\u003cp>The Deputy Sheriffs’ Association of Alameda County, the union that represents rank-and-file deputies, did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Dazio reported from Los Angeles. KQED’s Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun",
"title": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job",
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/11955907/derechos-laborales-ola-de-calor\">Leer en español\u003c/a>\u003c/p>\n\u003cp>\u003cem>Don’t have time to read the whole guide? Click on the links below to skip to a specific section:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#protections\">\u003cstrong>If I work outside in California, what protections do I have during dangerously hot weather?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#talk\">\u003cstrong>How should I talk to my employer about these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#still\">\u003cstrong>What can I do if my employer still doesn’t provide these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#report\">\u003cstrong>What can I do if my employer retaliated against me for speaking up?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#options\">\u003cstrong>What are my other options here?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>The Bay Area is experiencing an intense heat wave this September with \u003ca href=\"https://twitter.com/NWSBayArea/status/1567316722000207872\">several cities registering all-time record temperatures\u003c/a>. On September 6, San José reached 109 degrees, while Santa Rosa topped 115 degrees.\u003c/p>\n\u003cp>Although some residents are able to work in air-conditioned offices or homes to avoid the worst of the heat, many essential workers — including construction workers, farm laborers and delivery people — have to remain outdoors, exposed to the most intense heat.\u003c/p>\n\u003cp>In California, employers are legally required to provide all outdoor workers with four things to prevent heat-related illness: access to fresh water, shade, breaks and an emergency response plan.\u003c/p>\n\u003cp>But KQED has spoken to various outdoor workers who say that bringing up their rights with their employer isn’t so easy. For some, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">the risk of losing their job for speaking up against an unsafe workplace is always present\u003c/a> while others are unsure whether they are eligible for these protections due to their contract or immigration status.\u003c/p>\n\u003cp>That’s despite \u003ca href=\"https://www.99calor.org/english.html\">rules established by the California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) that are meant to protect all outdoor employees in California, regardless of their immigration or employment status. But still, that doesn’t make some workers feel any more comfortable talking to their bosses.\u003c/p>\n\u003cp>“That’s a real concern,” said David Hornung, Cal/OSHA’s heat and agriculture program coordinator: “workers not wanting to ask for their worker protections because of their concern of retaliation.”\u003c/p>\n\u003cp>If you’re working outside during a heat wave and your employer isn’t providing you with the required protections, there are a number of things you can do, even if you don’t feel comfortable bringing things up directly with your supervisor.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch2>\u003ca id=\"protections\">\u003c/a>What are the Cal/OSHA protections?\u003c/h2>\n\u003cp>In July 2006, a major \u003ca href=\"https://oehha.ca.gov/epic/impacts-biological-systems/heat-related-mortality-and-morbidity\">heat wave in California resulted in at least 140 deaths\u003c/a> over two weeks, the highest fatality rate on record from a single heat event, prompting state regulators to strengthen protections.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='california-workers']“The employer must provide drinking water that is fresh, cool and free so that each worker has a sufficient amount to drink,” said Angela Yahaira Breining, a staff attorney with the Workers’ Rights program at Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>California defines a “sufficient” drinking supply as at least one quart of water per hour. And even if workers bring their own water bottles, employers must still have enough water available on site.\u003c/p>\n\u003cp>When temperatures rise above 80 degrees, employers must also provide an area with enough shade to accommodate every worker on-site. But, Breining adds, workers also have the right to request breaks in the shade — regardless of temperature — whenever they feel the need to.\u003c/p>\n\u003cp>And when temperatures rise over 95 degrees, “employers or supervisors must observe these employees regularly,” Breining said.\u003c/p>\n\u003cp>Having a supervisor on-site, she explains, is key to setting up a communication system that can swing into action if a worker starts to feel sick. “If someone is getting a headache, having them sit down, making sure that there is a safe way of communicating with higher-ups, and having an emergency plan in place,” she said.\u003c/p>\n\u003cp>Setting up an emergency plan is the next requirement for employers, says Hornung from Cal/OSHA. That includes “training for all the employees so they recognize the signs and symptoms of heat illness in themselves or in their co-workers.”\u003c/p>\n\u003cfigure id=\"attachment_11886992\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11886992 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A man, face concealed by a tarp, sit surrounded by bundles of dried red beans, shelling them into a bucket in his lap.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sitting in the back of a tarp-covered truck in San Francisco’s Mission District shells beans on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Whom do these heat protections apply to?\u003c/h2>\n\u003cp>A misconception Hornung says he often hears is that Cal/OSHA rules only apply to certain industries.\u003c/p>\n\u003cp>“It applies to all outdoor workers, not just agriculture,” he said. “It applies to construction workers, gardeners, landscapers, maintenance people and anyone driving around in trucks that don’t have air-conditioning.”\u003c/p>\n\u003cp>Another common misconception, Hornung adds, is that the protections apply only to citizens or employees with valid immigration status.\u003c/p>\n\u003cp>[aside postID=\"news_11878134\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS49883_GettyImages-1270893851-qut-1020x680.jpg\"]“California law for workplace safety is great because it protects all workers regardless of immigration status,” he said. “So whether you are here with the right papers or not, you are still protected by our regulations.”\u003c/p>\n\u003cp>But for people who work informally, things are a bit trickier and often depend on the situation.\u003c/p>\n\u003cp>Hornung explains that Cal/OSHA first needs to verify that there is an “employee-employer relationship” — in other words, that the worker has provided labor in exchange for payment. This can include workers who lack a formal contract.\u003c/p>\n\u003cp>“If an employee is paid by an employer, then that establishes an employer-employee relationship,” said Hornung.\u003c/p>\n\u003cp>But the heat protections don’t apply to someone who is self-employed through an informal business, like fruit cart owners who sell their own produce.\u003c/p>\n\u003ch2>\u003ca id=\"talk\">\u003c/a>If my boss is not following Cal/OSHA regulations, how should I bring it up?\u003c/h2>\n\u003cp>Although it may be difficult for some workers to approach their supervisors, California labor laws prohibit employers from retaliating against workers who raise concerns about unsafe working conditions.\u003c/p>\n\u003cp>“It’s unlawful for an employer to retaliate against this — speaking about a workplace right they are entitled to,” said Breining, the workers’ rights attorney.\u003c/p>\n\u003cp>She recommends workers document in writing everything that’s going on, including keeping track of the dates and places that their bosses haven’t followed regulations. And she suggests workers also address their employers in writing, in the form of a text message, an email or a traditional letter.\u003c/p>\n\u003cp>“Specifically say what it is that you are requesting,” she said. “Are you requesting for the employer to provide training, to see what the heat illness prevention plan is or to request these cooldown breaks?”\u003c/p>\n\u003cp>Documenting every time an employer does not follow heat regulations can be useful later on if a worker decides to file a complaint with Cal/OSHA, Breining says.\u003c/p>\n\u003cp>Meanwhile, Hornung suggests that workers who fear immediate retaliation first discuss the issue with their peers to build additional support. “So rather than you as an individual asking your boss, try to get your co-workers to ask as a group,” he said.\u003c/p>\n\u003cp>However, the fact that retaliation is illegal doesn’t prevent an employer from retaliating against workers who speak up against an unsafe workplace, says Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance, a group that provides free legal aid to agricultural workers.\u003c/p>\n\u003cp>“We never say the employer can’t retaliate against you because of course the employer can retaliate against you,” she told KQED. If you believe your employer fired you or cut your hours or wages because you spoke up for a safe workplace, \u003ca href=\"#report\">\u003cstrong>you can report this behavior to labor officials, who can start an investigation\u003c/strong>\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11887210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887210 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"Clear plastic tubs of brightly colored fruit beneath an awning, with a city block in the background.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sells cut fruit underneath an umbrella in San Francisco’s Mission District on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"still\">\u003c/a>My boss didn’t listen to me. What do I do now?\u003c/h2>\n\u003cp>If an employer is still unwilling to provide required heat protections, the next step may be to file a complaint with Cal/OSHA, a process that can be completed anonymously.\u003c/p>\n\u003cp>The agency has several Bay Area field offices workers can contact directly to file a report, based on where their work sites are located.\u003c/p>\n\u003cul>\n\u003cli>San Francisco workers can call (415) 557-0100.\u003c/li>\n\u003cli>San Mateo County workers can call the Foster City office at (650) 573-3812. This office also accommodates workers in some Santa Clara locations, including Palo Alto, Mountain View and Sunnyvale.\u003c/li>\n\u003cli>Most workers in Santa Clara County can call the Fremont office at (510) 794-2521.\u003c/li>\n\u003cli>Alameda County workers can call the Oakland office at (510) 622-2916.\u003c/li>\n\u003cli>North Bay workers — in Sonoma, Napa, Solano, Marin and Contra Costa counties — can call the American Canyon office at (707) 649-3700.\u003c/li>\n\u003c/ul>\n\u003cp>There’s also a statewide heat help line, which offers assistance in both English and Spanish (and can connect workers to assistance in other languages): (833) 579-0927.\u003c/p>\n\u003cp>When filing a complaint, you’ll be asked questions about your employer or company, including the name, location and number of workers on site, how many hours you work in a day and what the safety issue is. This is when having a written record of past incidents or requests is especially useful.\u003c/p>\n\u003cp>While providing your name is optional, Hornung from Cal/OSHA says that if you provide your contact information, you can be notified when the report was received and if Cal/OSHA will look into the situation.\u003c/p>\n\u003cp>If Cal/OSHA takes up your case, the agency will assign an inspector to your work site who will speak to both employers and employees. Hornung says the inspection can take up to six months, although it often takes less.\u003c/p>\n\u003cfigure id=\"attachment_11887034\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887034 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A close-up of a worker's hands shelling long beans.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A vendor takes shelter from the sun while shelling beans in San Francisco on Aug. 6, 2021. David Hornung from Cal/OSHA says that state heat protections apply to every person who works outdoors — not just agricultural workers. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If there were any violations of the California code of regulations,” he said, “then the employer would be cited for those violations and those citations would have a monetary penalty.” The employer would also have to resolve whatever issue is putting workers at risk.\u003c/p>\n\u003cp>\u003ca id=\"report\">\u003c/a>If your employer decides to retaliate against you during this time and either threatens you, cuts your hours or fires you, that’s grounds for a retaliation complaint with the state Labor Commissioner’s Office. You can \u003ca href=\"https://www.dir.ca.gov/dlse/rci_osha_complaint.htm\">file a retaliation complaint online\u003c/a>; by calling (714) 558-4913; or through \u003ca href=\"mailto:oshaRetaliation@dir.ca.gov\">email\u003c/a>.\u003c/p>\n\u003cp>“If [your employer] retaliates against you, you have a remedy,” said Breining. “They can reinstate you, there’s penalties for retaliation, there’s back wages you can get.”\u003c/p>\n\u003cp>If you are an agricultural worker, another option is filing an unfair labor practice charge against your employer with the state’s Agricultural Labor Relations Board (ALRB). The ALRB investigates potential unfair labor practices including retaliation by an employer against a worker who reports unsafe working conditions.\u003c/p>\n\u003cp>At least two workers must come together to file a charge with the ALRB. You can \u003ca href=\"https://www.alrb.ca.gov/wp-content/uploads/sites/196/2018/05/alrb_form38_en.pdf\">file a charge using this form\u003c/a> and then send it, either though the mail or fax, to the closest ALRB office. In the Bay Area, \u003ca href=\"https://www.alrb.ca.gov/contact-us/\">the regional ALRB office is in Santa Rosa\u003c/a>:\u003c/p>\n\u003cp>606 Healdsburg Avenue\u003cbr>\nSanta Rosa, CA 95401\u003cbr>\nPhone: (707) 527-3256\u003cbr>\nFax: (707) 576-2360\u003c/p>\n\u003ch2>\u003ca id=\"options\">\u003c/a>What are my other options?\u003c/h2>\n\u003cp>Last summer, \u003ca href=\"https://www.kqed.org/news/11875988/minimal-to-non-existent-safety-inspector-shortage-worsened-in-pandemic-leaving-california-workers-vulnerable\">workers at an Oakland fast food restaurant filed a workplace COVID-19 safety complaint\u003c/a> with Cal/OSHA against their employer, alleging unsafe working conditions Agency officials responded nine months later saying no violations had been found — even as the employees who filed the original report claim that inspectors never reached out to them.\u003c/p>\n\u003cp>[aside postID=\"news_11875988\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS49630_GettyImages-1231067411-qut-1020x600.jpg\"]\u003ca href=\"https://calmatters.org/california-divide/2020/10/cal-osha-response-covid-complaints/\">Understaffing has plagued Cal/OSHA\u003c/a> for years, and that has only been exacerbated during the pandemic, limiting the agency’s ability to investigate claims.\u003c/p>\n\u003cp>That said, \u003ca href=\"https://www.dir.ca.gov/dosh/COVID19citations.html\">the agency has already issued hundreds of citations this year\u003c/a> to employers who have not adhered to workplace regulations — so filing a claim can in some cases produce an outcome.\u003c/p>\n\u003cp>But there are additional steps you can take.\u003c/p>\n\u003cp>Breining, the workers’ rights attorney, points out that there are multiple legal aid offices around the Bay Area that can support employees throughout the complaint process and offer additional legal assistance, most of the time at no cost — including her office, Centro Legal de la Raza.\u003c/p>\n\u003cp>“We’re more than happy to help [workers] make the complaint or help make them make a demand letter if they don’t really want to go through this more formal process,” she said.\u003c/p>\n\u003cp>Breining adds that in many cases, workers reach out to her office after their employers have already retaliated against them or they have already suffered heat-related illness. While Centro Legal can still provide assistance, she encourages workers to seek aid before things go wrong.\u003c/p>\n\u003cp>“We prefer to help when it’s actually happening so that you don’t have to do some of the difficult legal processes after the fact,” she said.\u003c/p>\n\u003cp>Here are some organizations that offer free legal aid to workers in the Bay Area:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://legalaidatwork.org/\">Legal Aid at Work\u003c/a>: (415) 864-8208\u003c/li>\n\u003cli>\u003ca href=\"https://www.advancingjustice-alc.org/\">Asian Americans Advancing Justice/Asian Law Caucus\u003c/a>: (415) 896-1701\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/\">Centro Legal de la Raza\u003c/a> (Oakland): (510) 437-1554\u003c/li>\n\u003cli>\u003ca href=\"https://lrcl.org/\">La Raza Centro Legal\u003c/a> (San Francisco): (415) 575-3500\u003c/li>\n\u003cli>\u003ca href=\"https://www.tuwu.org/\">Trabajadores Unidos Workers United\u003c/a>: (415) 621-4155\u003c/li>\n\u003cli>\u003ca href=\"http://streetlevelhealthproject.org/\">Street Level Health Project\u003c/a>: (510) 533-9906\u003c/li>\n\u003cli>\u003ca href=\"https://crla.org\">California Rural Legal Assistance\u003c/a>: (800) 337-0690\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>A version of this story was originally published on Sept. 8, 2021. This post includes reporting from KQED’s Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "A step-by-step guide to asking your employer for protections against the heat. California law mandates protections for all outdoor workers — regardless of immigration status or work arrangement.",
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"title": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job | KQED",
"description": "A step-by-step guide to asking your employer for protections against the heat. California law mandates protections for all outdoor workers — regardless of immigration status or work arrangement.",
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"headline": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job",
"datePublished": "2022-09-07T06:00:22-07:00",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11955907/derechos-laborales-ola-de-calor\">Leer en español\u003c/a>\u003c/p>\n\u003cp>\u003cem>Don’t have time to read the whole guide? Click on the links below to skip to a specific section:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#protections\">\u003cstrong>If I work outside in California, what protections do I have during dangerously hot weather?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#talk\">\u003cstrong>How should I talk to my employer about these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#still\">\u003cstrong>What can I do if my employer still doesn’t provide these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#report\">\u003cstrong>What can I do if my employer retaliated against me for speaking up?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#options\">\u003cstrong>What are my other options here?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>The Bay Area is experiencing an intense heat wave this September with \u003ca href=\"https://twitter.com/NWSBayArea/status/1567316722000207872\">several cities registering all-time record temperatures\u003c/a>. On September 6, San José reached 109 degrees, while Santa Rosa topped 115 degrees.\u003c/p>\n\u003cp>Although some residents are able to work in air-conditioned offices or homes to avoid the worst of the heat, many essential workers — including construction workers, farm laborers and delivery people — have to remain outdoors, exposed to the most intense heat.\u003c/p>\n\u003cp>In California, employers are legally required to provide all outdoor workers with four things to prevent heat-related illness: access to fresh water, shade, breaks and an emergency response plan.\u003c/p>\n\u003cp>But KQED has spoken to various outdoor workers who say that bringing up their rights with their employer isn’t so easy. For some, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">the risk of losing their job for speaking up against an unsafe workplace is always present\u003c/a> while others are unsure whether they are eligible for these protections due to their contract or immigration status.\u003c/p>\n\u003cp>That’s despite \u003ca href=\"https://www.99calor.org/english.html\">rules established by the California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) that are meant to protect all outdoor employees in California, regardless of their immigration or employment status. But still, that doesn’t make some workers feel any more comfortable talking to their bosses.\u003c/p>\n\u003cp>“That’s a real concern,” said David Hornung, Cal/OSHA’s heat and agriculture program coordinator: “workers not wanting to ask for their worker protections because of their concern of retaliation.”\u003c/p>\n\u003cp>If you’re working outside during a heat wave and your employer isn’t providing you with the required protections, there are a number of things you can do, even if you don’t feel comfortable bringing things up directly with your supervisor.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>\u003ca id=\"protections\">\u003c/a>What are the Cal/OSHA protections?\u003c/h2>\n\u003cp>In July 2006, a major \u003ca href=\"https://oehha.ca.gov/epic/impacts-biological-systems/heat-related-mortality-and-morbidity\">heat wave in California resulted in at least 140 deaths\u003c/a> over two weeks, the highest fatality rate on record from a single heat event, prompting state regulators to strengthen protections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The employer must provide drinking water that is fresh, cool and free so that each worker has a sufficient amount to drink,” said Angela Yahaira Breining, a staff attorney with the Workers’ Rights program at Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>California defines a “sufficient” drinking supply as at least one quart of water per hour. And even if workers bring their own water bottles, employers must still have enough water available on site.\u003c/p>\n\u003cp>When temperatures rise above 80 degrees, employers must also provide an area with enough shade to accommodate every worker on-site. But, Breining adds, workers also have the right to request breaks in the shade — regardless of temperature — whenever they feel the need to.\u003c/p>\n\u003cp>And when temperatures rise over 95 degrees, “employers or supervisors must observe these employees regularly,” Breining said.\u003c/p>\n\u003cp>Having a supervisor on-site, she explains, is key to setting up a communication system that can swing into action if a worker starts to feel sick. “If someone is getting a headache, having them sit down, making sure that there is a safe way of communicating with higher-ups, and having an emergency plan in place,” she said.\u003c/p>\n\u003cp>Setting up an emergency plan is the next requirement for employers, says Hornung from Cal/OSHA. That includes “training for all the employees so they recognize the signs and symptoms of heat illness in themselves or in their co-workers.”\u003c/p>\n\u003cfigure id=\"attachment_11886992\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11886992 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A man, face concealed by a tarp, sit surrounded by bundles of dried red beans, shelling them into a bucket in his lap.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sitting in the back of a tarp-covered truck in San Francisco’s Mission District shells beans on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Whom do these heat protections apply to?\u003c/h2>\n\u003cp>A misconception Hornung says he often hears is that Cal/OSHA rules only apply to certain industries.\u003c/p>\n\u003cp>“It applies to all outdoor workers, not just agriculture,” he said. “It applies to construction workers, gardeners, landscapers, maintenance people and anyone driving around in trucks that don’t have air-conditioning.”\u003c/p>\n\u003cp>Another common misconception, Hornung adds, is that the protections apply only to citizens or employees with valid immigration status.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“California law for workplace safety is great because it protects all workers regardless of immigration status,” he said. “So whether you are here with the right papers or not, you are still protected by our regulations.”\u003c/p>\n\u003cp>But for people who work informally, things are a bit trickier and often depend on the situation.\u003c/p>\n\u003cp>Hornung explains that Cal/OSHA first needs to verify that there is an “employee-employer relationship” — in other words, that the worker has provided labor in exchange for payment. This can include workers who lack a formal contract.\u003c/p>\n\u003cp>“If an employee is paid by an employer, then that establishes an employer-employee relationship,” said Hornung.\u003c/p>\n\u003cp>But the heat protections don’t apply to someone who is self-employed through an informal business, like fruit cart owners who sell their own produce.\u003c/p>\n\u003ch2>\u003ca id=\"talk\">\u003c/a>If my boss is not following Cal/OSHA regulations, how should I bring it up?\u003c/h2>\n\u003cp>Although it may be difficult for some workers to approach their supervisors, California labor laws prohibit employers from retaliating against workers who raise concerns about unsafe working conditions.\u003c/p>\n\u003cp>“It’s unlawful for an employer to retaliate against this — speaking about a workplace right they are entitled to,” said Breining, the workers’ rights attorney.\u003c/p>\n\u003cp>She recommends workers document in writing everything that’s going on, including keeping track of the dates and places that their bosses haven’t followed regulations. And she suggests workers also address their employers in writing, in the form of a text message, an email or a traditional letter.\u003c/p>\n\u003cp>“Specifically say what it is that you are requesting,” she said. “Are you requesting for the employer to provide training, to see what the heat illness prevention plan is or to request these cooldown breaks?”\u003c/p>\n\u003cp>Documenting every time an employer does not follow heat regulations can be useful later on if a worker decides to file a complaint with Cal/OSHA, Breining says.\u003c/p>\n\u003cp>Meanwhile, Hornung suggests that workers who fear immediate retaliation first discuss the issue with their peers to build additional support. “So rather than you as an individual asking your boss, try to get your co-workers to ask as a group,” he said.\u003c/p>\n\u003cp>However, the fact that retaliation is illegal doesn’t prevent an employer from retaliating against workers who speak up against an unsafe workplace, says Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance, a group that provides free legal aid to agricultural workers.\u003c/p>\n\u003cp>“We never say the employer can’t retaliate against you because of course the employer can retaliate against you,” she told KQED. If you believe your employer fired you or cut your hours or wages because you spoke up for a safe workplace, \u003ca href=\"#report\">\u003cstrong>you can report this behavior to labor officials, who can start an investigation\u003c/strong>\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11887210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887210 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"Clear plastic tubs of brightly colored fruit beneath an awning, with a city block in the background.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sells cut fruit underneath an umbrella in San Francisco’s Mission District on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"still\">\u003c/a>My boss didn’t listen to me. What do I do now?\u003c/h2>\n\u003cp>If an employer is still unwilling to provide required heat protections, the next step may be to file a complaint with Cal/OSHA, a process that can be completed anonymously.\u003c/p>\n\u003cp>The agency has several Bay Area field offices workers can contact directly to file a report, based on where their work sites are located.\u003c/p>\n\u003cul>\n\u003cli>San Francisco workers can call (415) 557-0100.\u003c/li>\n\u003cli>San Mateo County workers can call the Foster City office at (650) 573-3812. This office also accommodates workers in some Santa Clara locations, including Palo Alto, Mountain View and Sunnyvale.\u003c/li>\n\u003cli>Most workers in Santa Clara County can call the Fremont office at (510) 794-2521.\u003c/li>\n\u003cli>Alameda County workers can call the Oakland office at (510) 622-2916.\u003c/li>\n\u003cli>North Bay workers — in Sonoma, Napa, Solano, Marin and Contra Costa counties — can call the American Canyon office at (707) 649-3700.\u003c/li>\n\u003c/ul>\n\u003cp>There’s also a statewide heat help line, which offers assistance in both English and Spanish (and can connect workers to assistance in other languages): (833) 579-0927.\u003c/p>\n\u003cp>When filing a complaint, you’ll be asked questions about your employer or company, including the name, location and number of workers on site, how many hours you work in a day and what the safety issue is. This is when having a written record of past incidents or requests is especially useful.\u003c/p>\n\u003cp>While providing your name is optional, Hornung from Cal/OSHA says that if you provide your contact information, you can be notified when the report was received and if Cal/OSHA will look into the situation.\u003c/p>\n\u003cp>If Cal/OSHA takes up your case, the agency will assign an inspector to your work site who will speak to both employers and employees. Hornung says the inspection can take up to six months, although it often takes less.\u003c/p>\n\u003cfigure id=\"attachment_11887034\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887034 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A close-up of a worker's hands shelling long beans.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A vendor takes shelter from the sun while shelling beans in San Francisco on Aug. 6, 2021. David Hornung from Cal/OSHA says that state heat protections apply to every person who works outdoors — not just agricultural workers. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If there were any violations of the California code of regulations,” he said, “then the employer would be cited for those violations and those citations would have a monetary penalty.” The employer would also have to resolve whatever issue is putting workers at risk.\u003c/p>\n\u003cp>\u003ca id=\"report\">\u003c/a>If your employer decides to retaliate against you during this time and either threatens you, cuts your hours or fires you, that’s grounds for a retaliation complaint with the state Labor Commissioner’s Office. You can \u003ca href=\"https://www.dir.ca.gov/dlse/rci_osha_complaint.htm\">file a retaliation complaint online\u003c/a>; by calling (714) 558-4913; or through \u003ca href=\"mailto:oshaRetaliation@dir.ca.gov\">email\u003c/a>.\u003c/p>\n\u003cp>“If [your employer] retaliates against you, you have a remedy,” said Breining. “They can reinstate you, there’s penalties for retaliation, there’s back wages you can get.”\u003c/p>\n\u003cp>If you are an agricultural worker, another option is filing an unfair labor practice charge against your employer with the state’s Agricultural Labor Relations Board (ALRB). The ALRB investigates potential unfair labor practices including retaliation by an employer against a worker who reports unsafe working conditions.\u003c/p>\n\u003cp>At least two workers must come together to file a charge with the ALRB. You can \u003ca href=\"https://www.alrb.ca.gov/wp-content/uploads/sites/196/2018/05/alrb_form38_en.pdf\">file a charge using this form\u003c/a> and then send it, either though the mail or fax, to the closest ALRB office. In the Bay Area, \u003ca href=\"https://www.alrb.ca.gov/contact-us/\">the regional ALRB office is in Santa Rosa\u003c/a>:\u003c/p>\n\u003cp>606 Healdsburg Avenue\u003cbr>\nSanta Rosa, CA 95401\u003cbr>\nPhone: (707) 527-3256\u003cbr>\nFax: (707) 576-2360\u003c/p>\n\u003ch2>\u003ca id=\"options\">\u003c/a>What are my other options?\u003c/h2>\n\u003cp>Last summer, \u003ca href=\"https://www.kqed.org/news/11875988/minimal-to-non-existent-safety-inspector-shortage-worsened-in-pandemic-leaving-california-workers-vulnerable\">workers at an Oakland fast food restaurant filed a workplace COVID-19 safety complaint\u003c/a> with Cal/OSHA against their employer, alleging unsafe working conditions Agency officials responded nine months later saying no violations had been found — even as the employees who filed the original report claim that inspectors never reached out to them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003ca href=\"https://calmatters.org/california-divide/2020/10/cal-osha-response-covid-complaints/\">Understaffing has plagued Cal/OSHA\u003c/a> for years, and that has only been exacerbated during the pandemic, limiting the agency’s ability to investigate claims.\u003c/p>\n\u003cp>That said, \u003ca href=\"https://www.dir.ca.gov/dosh/COVID19citations.html\">the agency has already issued hundreds of citations this year\u003c/a> to employers who have not adhered to workplace regulations — so filing a claim can in some cases produce an outcome.\u003c/p>\n\u003cp>But there are additional steps you can take.\u003c/p>\n\u003cp>Breining, the workers’ rights attorney, points out that there are multiple legal aid offices around the Bay Area that can support employees throughout the complaint process and offer additional legal assistance, most of the time at no cost — including her office, Centro Legal de la Raza.\u003c/p>\n\u003cp>“We’re more than happy to help [workers] make the complaint or help make them make a demand letter if they don’t really want to go through this more formal process,” she said.\u003c/p>\n\u003cp>Breining adds that in many cases, workers reach out to her office after their employers have already retaliated against them or they have already suffered heat-related illness. While Centro Legal can still provide assistance, she encourages workers to seek aid before things go wrong.\u003c/p>\n\u003cp>“We prefer to help when it’s actually happening so that you don’t have to do some of the difficult legal processes after the fact,” she said.\u003c/p>\n\u003cp>Here are some organizations that offer free legal aid to workers in the Bay Area:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://legalaidatwork.org/\">Legal Aid at Work\u003c/a>: (415) 864-8208\u003c/li>\n\u003cli>\u003ca href=\"https://www.advancingjustice-alc.org/\">Asian Americans Advancing Justice/Asian Law Caucus\u003c/a>: (415) 896-1701\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/\">Centro Legal de la Raza\u003c/a> (Oakland): (510) 437-1554\u003c/li>\n\u003cli>\u003ca href=\"https://lrcl.org/\">La Raza Centro Legal\u003c/a> (San Francisco): (415) 575-3500\u003c/li>\n\u003cli>\u003ca href=\"https://www.tuwu.org/\">Trabajadores Unidos Workers United\u003c/a>: (415) 621-4155\u003c/li>\n\u003cli>\u003ca href=\"http://streetlevelhealthproject.org/\">Street Level Health Project\u003c/a>: (510) 533-9906\u003c/li>\n\u003cli>\u003ca href=\"https://crla.org\">California Rural Legal Assistance\u003c/a>: (800) 337-0690\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>A version of this story was originally published on Sept. 8, 2021. This post includes reporting from KQED’s Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>California lawmakers rejected a bill that would have blocked state prisons and jails from transferring noncitizens to federal immigration custody after the completion of their sentences.\u003c/p>\n\u003cp>The so-called \u003ca class=\"Link\" href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">VISION Act\u003c/a>, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate late Wednesday, as lawmakers rushed to wrap up the legislative session.\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed similar legislation in 2019, saying then that it could “negatively impact prison operations.” The measure also faced stiff opposition from Republican lawmakers and law enforcement organizations, citing public safety concerns.\u003c/p>\n\u003cp>The Peace Officers Research Association of California said the bill would put “local law enforcement in a no-win situation, having to choose between state and federal laws.”\u003c/p>\n\u003cp>State law prohibits local police and sheriffs from cooperating with U.S. Immigration and Customs Enforcement for some crimes, but those rules don’t apply to the prison system.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The state transferred more than 1,400 incarcerated people to immigration authorities in 2020, according to the \u003ca href=\"https://www.asianprisonersupport.com/\">Asian Prisoner Support Committee\u003c/a>, an advocacy group.\u003c/p>\n\u003cp>State corrections officials estimated that the bill, had it become law, could have cost the state an additional $22 million a year to supervise more than 2,500 parolees who otherwise would have been deported.\u003c/p>\n\u003cp>Illinois, Oregon and Washington, D.C., have already ended such transfers, as have at least eight California counties.\u003c/p>\n\u003cp>State Sen. Susan Eggman, of Stockton, was among the few Democrats who also opposed the bill.\u003c/p>\n\u003cp>“Our immigration system is broken. It needs to be fixed. I can’t do that at my level,” Eggman said, noting her background as a trained social worker and someone who firmly believes in redemption. “But on this bill, I cannot support it … because at the end of the day, the job I do have is to ensure my community is safe and to do everything I can to ensure the safety of my constituents.”\u003c/p>\n\u003cp>The transfer issue \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">had drawn increased attention\u003c/a> in recent years after a number of noncitizen \u003ca href=\"https://apnews.com/article/bills-california-immigration-united-states-prisons-a9e4543eb6c5dbb662f09cfc4fe618f3\">incarcerated firefighters\u003c/a>, who risked their lives battling California blazes, were subsequently turned over to ICE when their sentences ended.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"vision-act\"]“Whether you are an American citizen or … a refugee, if you have served your time, you have a right to be treated equally in the state of California,” Assemblymember Wendy Carrillo, D-Los Angeles, argued in support of her bill, AB 937, in advance of the Senate’s consideration. She said the state’s current policy “has created a dual justice system” that allows for deportations.\u003c/p>\n\u003cp>Supporters in the Senate said it’s unfair that people who have served their time are subjected to more punishment because they are not citizens, a process they argue effectively inflicts “double punishment.” Many are U.S. residents who fled Southeast Asia as children with their families after the Vietnam War and landed in impoverished and violent neighborhoods, they said.\u003c/p>\n\u003cp>Activists rallied unsuccessfully last month to \u003ca href=\"https://www.sfchronicle.com/eastbay/article/He-barely-remembers-Cambodia-He-may-be-deported-17378205.php\">stop immigration officials from deporting Phoeun You\u003c/a>, a man who had been granted parole earlier this year after spending a quarter century behind bars at San Quentin State Prison for a 1995 homicide. You, 48, was sent to Cambodia, a country he hadn’t set foot in since he was 4 years old, when his family fled the Khmer Rouge genocide in the 1970s.\u003c/p>\n\u003cp>“Yes, they made mistakes as young people and they were incarcerated and punished, but have transformed decades later,” said state Sen. Richard Pan, D-Sacramento. “It’s time to end this violence against the AAPI community.”\u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, said the California Department of Corrections and Rehabilitation is being “incredibly arrogant” and basically “flipping us the bird” when lawmakers and voters have the power to set sentences for crimes.\u003c/p>\n\u003cp>“They paid their debt to the state of California, they did their time,” Wiener said.\u003c/p>\n\u003cp>More than 300 faith leaders signed a letter supporting the bill, which also had the backing of United Farm Workers co-founder Dolores Huerta.\u003c/p>\n\u003cp>“What is happening right now is totally inhumane,” Huerta said during an online news conference before the Senate’s consideration. “This is double jeopardy.”\u003c/p>\n\u003cp>The bill’s supporters held it out as another litmus test for Newsom, a Democrat frequently mentioned as a possible presidential contender.\u003c/p>\n\u003cp>Salvador Sarmiento, legislative director for the National Day Laborer Organizing Network, said the measure “is a test whether Gavin Newsom is the type of leadership the country needs right now.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green and Tyche Hendricks contributed reporting to this story.\u003c/em>\u003c/p>\n\n",
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"excerpt": "The so-called VISION Act, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate.",
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"title": "Effort to Block Prison-to-ICE Transfers in California Fails in Final Hours of Legislative Session | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California lawmakers rejected a bill that would have blocked state prisons and jails from transferring noncitizens to federal immigration custody after the completion of their sentences.\u003c/p>\n\u003cp>The so-called \u003ca class=\"Link\" href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB937\" target=\"_blank\" rel=\"noopener noreferrer\">VISION Act\u003c/a>, which overwhelmingly passed the state Assembly last year, fell three votes short of the 21 needed for approval in the Senate late Wednesday, as lawmakers rushed to wrap up the legislative session.\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed similar legislation in 2019, saying then that it could “negatively impact prison operations.” The measure also faced stiff opposition from Republican lawmakers and law enforcement organizations, citing public safety concerns.\u003c/p>\n\u003cp>The Peace Officers Research Association of California said the bill would put “local law enforcement in a no-win situation, having to choose between state and federal laws.”\u003c/p>\n\u003cp>State law prohibits local police and sheriffs from cooperating with U.S. Immigration and Customs Enforcement for some crimes, but those rules don’t apply to the prison system.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The state transferred more than 1,400 incarcerated people to immigration authorities in 2020, according to the \u003ca href=\"https://www.asianprisonersupport.com/\">Asian Prisoner Support Committee\u003c/a>, an advocacy group.\u003c/p>\n\u003cp>State corrections officials estimated that the bill, had it become law, could have cost the state an additional $22 million a year to supervise more than 2,500 parolees who otherwise would have been deported.\u003c/p>\n\u003cp>Illinois, Oregon and Washington, D.C., have already ended such transfers, as have at least eight California counties.\u003c/p>\n\u003cp>State Sen. Susan Eggman, of Stockton, was among the few Democrats who also opposed the bill.\u003c/p>\n\u003cp>“Our immigration system is broken. It needs to be fixed. I can’t do that at my level,” Eggman said, noting her background as a trained social worker and someone who firmly believes in redemption. “But on this bill, I cannot support it … because at the end of the day, the job I do have is to ensure my community is safe and to do everything I can to ensure the safety of my constituents.”\u003c/p>\n\u003cp>The transfer issue \u003ca href=\"https://www.kqed.org/news/11923465/immigrant-advocates-make-final-push-to-pass-bill-ending-prison-to-ice-transfers-in-california\">had drawn increased attention\u003c/a> in recent years after a number of noncitizen \u003ca href=\"https://apnews.com/article/bills-california-immigration-united-states-prisons-a9e4543eb6c5dbb662f09cfc4fe618f3\">incarcerated firefighters\u003c/a>, who risked their lives battling California blazes, were subsequently turned over to ICE when their sentences ended.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Whether you are an American citizen or … a refugee, if you have served your time, you have a right to be treated equally in the state of California,” Assemblymember Wendy Carrillo, D-Los Angeles, argued in support of her bill, AB 937, in advance of the Senate’s consideration. She said the state’s current policy “has created a dual justice system” that allows for deportations.\u003c/p>\n\u003cp>Supporters in the Senate said it’s unfair that people who have served their time are subjected to more punishment because they are not citizens, a process they argue effectively inflicts “double punishment.” Many are U.S. residents who fled Southeast Asia as children with their families after the Vietnam War and landed in impoverished and violent neighborhoods, they said.\u003c/p>\n\u003cp>Activists rallied unsuccessfully last month to \u003ca href=\"https://www.sfchronicle.com/eastbay/article/He-barely-remembers-Cambodia-He-may-be-deported-17378205.php\">stop immigration officials from deporting Phoeun You\u003c/a>, a man who had been granted parole earlier this year after spending a quarter century behind bars at San Quentin State Prison for a 1995 homicide. You, 48, was sent to Cambodia, a country he hadn’t set foot in since he was 4 years old, when his family fled the Khmer Rouge genocide in the 1970s.\u003c/p>\n\u003cp>“Yes, they made mistakes as young people and they were incarcerated and punished, but have transformed decades later,” said state Sen. Richard Pan, D-Sacramento. “It’s time to end this violence against the AAPI community.”\u003c/p>\n\u003cp>State Sen. Scott Wiener, D-San Francisco, said the California Department of Corrections and Rehabilitation is being “incredibly arrogant” and basically “flipping us the bird” when lawmakers and voters have the power to set sentences for crimes.\u003c/p>\n\u003cp>“They paid their debt to the state of California, they did their time,” Wiener said.\u003c/p>\n\u003cp>More than 300 faith leaders signed a letter supporting the bill, which also had the backing of United Farm Workers co-founder Dolores Huerta.\u003c/p>\n\u003cp>“What is happening right now is totally inhumane,” Huerta said during an online news conference before the Senate’s consideration. “This is double jeopardy.”\u003c/p>\n\u003cp>The bill’s supporters held it out as another litmus test for Newsom, a Democrat frequently mentioned as a possible presidential contender.\u003c/p>\n\u003cp>Salvador Sarmiento, legislative director for the National Day Laborer Organizing Network, said the measure “is a test whether Gavin Newsom is the type of leadership the country needs right now.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green and Tyche Hendricks contributed reporting to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Shasta County in rural Northern California has one of the state’s highest incarceration rates. Ask Robert Bowman what’s going on, and he takes a long, deep sigh.\u003c/p>\n\u003cp>“It’s a perfect storm of bad,” he said.\u003c/p>\n\u003cp>Bowman, director of the county’s program that helps formerly incarcerated people transition back to life outside, identifies three main drivers of crime in Shasta County: high housing costs, untreated mental illness and drug trafficking.\u003c/p>\n\u003cp>Those are some of the same factors blamed for crime in other California counties that rank among the highest for incarcerated people, according to \u003ca href=\"https://www.prisonpolicy.org/origin/ca/2020/report.html\">a report released this morning\u003c/a> by the Prison Policy Initiative, a nonprofit that seeks to end mass incarceration.\u003c/p>\n\u003cp>The report takes newly available data from California prisons to show where incarcerated people come from — not just their home counties, but their neighborhoods. The group’s stated intent is to show lawmakers where they can better direct public dollars.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The neighborhoods where incarcerated people come from often have a higher percentage of Black and Latino residents than the state average, according to the report, while the counties that host the prisons are predominantly white.\u003c/p>\n\u003cp>The effect has been “the siphoning of political power from disproportionately Black and Latino communities to pad out the mostly rural and often predominantly white regions where prisons are located,” the study found.\u003c/p>\n\u003cp>Unsurprisingly, the most populous counties send the most people to state prison. Los Angeles County had the most people incarcerated, followed by Riverside and San Diego counties.\u003c/p>\n\u003cp>But in some counties, though they have fewer total people in state prisons, the rate of incarceration is much higher than the statewide average of 310 per 100,000 people.\u003c/p>\n\u003cp>Tiny Kings County in the San Joaquin Valley has the state’s highest incarceration rate at 666 per 100,000, the study found.\u003c/p>\n\u003cp>Shasta County ranked second among counties that send people to prison, with 663 county residents incarcerated per 100,000 people. The county of fewer than 200,000 is framed by mountains to its north, west and east. People move there for cheap land and open spaces, or burrow further into its hills to escape creeping modernity, Bowman said.\u003c/p>\n\u003cp>“And then we have those who have moved up here for political reasons and I’ll just leave it at that,” Bowman said with a laugh.\u003c/p>\n\u003cp>In one Shasta County census tract that encompasses most of the city of Redding, more than one in every 100 people is in a state prison.[pullquote align=\"right\" size=\"medium\" citation=\"Robert Bowman, director, STEP-UP\"]‘If you have billions of dollars to spend, but yet your community is overwhelmingly ‘not in my backyard,’ then you can get nothing done.’[/pullquote] Disparities also persist in cities like Los Angeles, where the neighborhoods of Watts and Crenshaw have \u003ca href=\"https://www.prisonpolicy.org/origin/ca/2020/la_neighborhood.html\">more than five times\u003c/a> the incarceration rate of Bel-Air and Brentwood, according to the study’s calculations.\u003c/p>\n\u003cp>“There’s fewer Beverly Hills in our community,” Bowman said.\u003c/p>\n\u003cp>But many of the same issues that crop up in Los Angeles and San Francisco are true in far Northern California: homelessness, untreated mental illness and a resistance among locals to new construction or lower-income housing.\u003c/p>\n\u003cp>Bowman points to a proposed micro-shelter at a Lutheran church in Redding that would serve as transitional housing for up to five people. Neighbors hung a sign on a chain link fence: “Tiny Houses = Big Problems.” The shelter is \u003ca href=\"https://www.redding.com/story/news/2022/05/20/homeless-housing-units-could-open-fall-after-getting-reddings-ok/9843183002/\">expected to open this fall\u003c/a>.\u003c/p>\n\u003cp>“If you have billions of dollars to spend, but yet your community is overwhelmingly ‘not in my backyard,’ then you can get nothing done,” Bowman said.\u003c/p>\n\u003cp>The Prison Policy Initiative report is based on numbers provided by the state of California, which, for the first time in its 2020 census, counted incarcerated people in their home districts instead of the cities and counties where they’re incarcerated.\u003c/p>\n\u003cp>The idea was to end what opponents called “prison gerrymandering,” which counted incarcerated people as residents of their prison’s county. California ended that practice in 2011 with \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0401-0450/ab_420_bill_20110822_amended_sen_v93.pdf\">AB 420\u003c/a>, signed by former Gov. Jerry Brown, but the law did not take effect until 2020. Ten other states have taken similar steps.\u003c/p>\n\u003cp>This year’s redistricting maps were the first to count incarcerated people in their home districts. The process toward final approval by a state independent commission was\u003ca href=\"https://calmatters.org/politics/2021/12/california-redistricting-final-maps/\"> fraught and messy\u003c/a>, but has so far survived without a legal challenge.\u003c/p>\n\u003cp>“Our hope is really that policymakers and service providers will use this data to kind of direct some of their thinking on how they make choices about the people that they serve,” said Prison Policy Initiative spokesperson Mike Wessler.\u003c/p>\n\u003cp>“For lawmakers, we hope that they’ll take a look at how many people in their own communities are lost to incarceration every single day.”\u003c/p>\n\u003cp>The Prison Policy Initiative study was taken from a snapshot of the 122,000 people in state prisons on April 1, 2020. It doesn’t count people in federal prison or immigration detention, nor does it count those who were identified in court proceedings as unhoused. [pullquote align=\"right\" size=\"medium\" citation=\"Mike Wessler, spokesperson, Prison Policy Initiative\"]‘A lot of these rural areas are also facing significant economic challenges.’[/pullquote]Among cities with at least 20,000 people, Compton in Los Angeles County had the highest rate of incarceration, with 979 people incarcerated per 100,000 residents. It also has a higher Black and Latino population than the state average, which the report’s authors say mirrors a national trend.\u003c/p>\n\u003cp>“This suggests that policing, arrests and incarceration are disproportionately concentrated in a handful of Black communities across the county, such as Compton with its large Black population,” wrote the report’s authors, Emily Widra and Felicia Gomez.\u003c/p>\n\u003cp>\u003ca href=\"https://censusreporter.org/profiles/14000US06029001500-census-tract-15-kern-ca/\">One census tract\u003c/a> in Kern County stands out. Just east of downtown Bakersfield, the 1-square-mile tract had 2,944 residents and 74 people in state prisons, or more than two out of every 100 people.\u003c/p>\n\u003cp>Kern County also leads the state in homicide rate, a statistic the county’s residents and law enforcement struggle to explain. For the sixth consecutive year, the county led the state with a homicide rate of 13.7 homicides per 100,000 people. The statewide average is six homicides per 100,000.\u003c/p>\n\u003cp>“Some of the smaller rural counties often are overlooked but actually have some of the highest incarceration rates in the entire state,” Wessler said. “A lot of these rural areas are also facing significant economic challenges.”\u003c/p>\n\u003cp>You don’t have to remind Bowman, of the Shasta County STEP-UP program for those recently released from incarceration. First, in 2018, the Carr Fire \u003ca href=\"https://opr.ca.gov/docs/20220817-Shasta_County_Case_Study.pdf\">displaced thousands of people\u003c/a> in an area that was already struggling to control housing costs. Then, during the pandemic, wealthier residents of the Bay Area and Sacramento Valley started moving north, pushing up rents and home values. People already on the economic fringe were pushed to its edge.\u003c/p>\n\u003cp>“Because now, landlords could charge whatever they want and there’s no reason for them to open up their homes” to affordable housing programs, Bowman said. “They can get someone who is displaced while their home’s being rebuilt (and) they can get a higher rent from that individual or family. So that’s a huge issue.”\u003c/p>\n\u003cp>He is, however, ultimately optimistic.\u003c/p>\n\u003cp>“I think that there are a lot of good people that are trying to do the very best they can,” Bowman said. “It just takes time for the numbers to come down.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/justice/2022/08/california-incarceration-rates-rural/\">This story was originally published in CalMatters.\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Shasta County in rural Northern California has one of the state’s highest incarceration rates. Ask Robert Bowman what’s going on, and he takes a long, deep sigh.\u003c/p>\n\u003cp>“It’s a perfect storm of bad,” he said.\u003c/p>\n\u003cp>Bowman, director of the county’s program that helps formerly incarcerated people transition back to life outside, identifies three main drivers of crime in Shasta County: high housing costs, untreated mental illness and drug trafficking.\u003c/p>\n\u003cp>Those are some of the same factors blamed for crime in other California counties that rank among the highest for incarcerated people, according to \u003ca href=\"https://www.prisonpolicy.org/origin/ca/2020/report.html\">a report released this morning\u003c/a> by the Prison Policy Initiative, a nonprofit that seeks to end mass incarceration.\u003c/p>\n\u003cp>The report takes newly available data from California prisons to show where incarcerated people come from — not just their home counties, but their neighborhoods. The group’s stated intent is to show lawmakers where they can better direct public dollars.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The neighborhoods where incarcerated people come from often have a higher percentage of Black and Latino residents than the state average, according to the report, while the counties that host the prisons are predominantly white.\u003c/p>\n\u003cp>The effect has been “the siphoning of political power from disproportionately Black and Latino communities to pad out the mostly rural and often predominantly white regions where prisons are located,” the study found.\u003c/p>\n\u003cp>Unsurprisingly, the most populous counties send the most people to state prison. Los Angeles County had the most people incarcerated, followed by Riverside and San Diego counties.\u003c/p>\n\u003cp>But in some counties, though they have fewer total people in state prisons, the rate of incarceration is much higher than the statewide average of 310 per 100,000 people.\u003c/p>\n\u003cp>Tiny Kings County in the San Joaquin Valley has the state’s highest incarceration rate at 666 per 100,000, the study found.\u003c/p>\n\u003cp>Shasta County ranked second among counties that send people to prison, with 663 county residents incarcerated per 100,000 people. The county of fewer than 200,000 is framed by mountains to its north, west and east. People move there for cheap land and open spaces, or burrow further into its hills to escape creeping modernity, Bowman said.\u003c/p>\n\u003cp>“And then we have those who have moved up here for political reasons and I’ll just leave it at that,” Bowman said with a laugh.\u003c/p>\n\u003cp>In one Shasta County census tract that encompasses most of the city of Redding, more than one in every 100 people is in a state prison.\u003c/p>\u003c/div>",
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"content": "‘If you have billions of dollars to spend, but yet your community is overwhelmingly ‘not in my backyard,’ then you can get nothing done.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp> Disparities also persist in cities like Los Angeles, where the neighborhoods of Watts and Crenshaw have \u003ca href=\"https://www.prisonpolicy.org/origin/ca/2020/la_neighborhood.html\">more than five times\u003c/a> the incarceration rate of Bel-Air and Brentwood, according to the study’s calculations.\u003c/p>\n\u003cp>“There’s fewer Beverly Hills in our community,” Bowman said.\u003c/p>\n\u003cp>But many of the same issues that crop up in Los Angeles and San Francisco are true in far Northern California: homelessness, untreated mental illness and a resistance among locals to new construction or lower-income housing.\u003c/p>\n\u003cp>Bowman points to a proposed micro-shelter at a Lutheran church in Redding that would serve as transitional housing for up to five people. Neighbors hung a sign on a chain link fence: “Tiny Houses = Big Problems.” The shelter is \u003ca href=\"https://www.redding.com/story/news/2022/05/20/homeless-housing-units-could-open-fall-after-getting-reddings-ok/9843183002/\">expected to open this fall\u003c/a>.\u003c/p>\n\u003cp>“If you have billions of dollars to spend, but yet your community is overwhelmingly ‘not in my backyard,’ then you can get nothing done,” Bowman said.\u003c/p>\n\u003cp>The Prison Policy Initiative report is based on numbers provided by the state of California, which, for the first time in its 2020 census, counted incarcerated people in their home districts instead of the cities and counties where they’re incarcerated.\u003c/p>\n\u003cp>The idea was to end what opponents called “prison gerrymandering,” which counted incarcerated people as residents of their prison’s county. California ended that practice in 2011 with \u003ca href=\"http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0401-0450/ab_420_bill_20110822_amended_sen_v93.pdf\">AB 420\u003c/a>, signed by former Gov. Jerry Brown, but the law did not take effect until 2020. Ten other states have taken similar steps.\u003c/p>\n\u003cp>This year’s redistricting maps were the first to count incarcerated people in their home districts. The process toward final approval by a state independent commission was\u003ca href=\"https://calmatters.org/politics/2021/12/california-redistricting-final-maps/\"> fraught and messy\u003c/a>, but has so far survived without a legal challenge.\u003c/p>\n\u003cp>“Our hope is really that policymakers and service providers will use this data to kind of direct some of their thinking on how they make choices about the people that they serve,” said Prison Policy Initiative spokesperson Mike Wessler.\u003c/p>\n\u003cp>“For lawmakers, we hope that they’ll take a look at how many people in their own communities are lost to incarceration every single day.”\u003c/p>\n\u003cp>The Prison Policy Initiative study was taken from a snapshot of the 122,000 people in state prisons on April 1, 2020. It doesn’t count people in federal prison or immigration detention, nor does it count those who were identified in court proceedings as unhoused. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Among cities with at least 20,000 people, Compton in Los Angeles County had the highest rate of incarceration, with 979 people incarcerated per 100,000 residents. It also has a higher Black and Latino population than the state average, which the report’s authors say mirrors a national trend.\u003c/p>\n\u003cp>“This suggests that policing, arrests and incarceration are disproportionately concentrated in a handful of Black communities across the county, such as Compton with its large Black population,” wrote the report’s authors, Emily Widra and Felicia Gomez.\u003c/p>\n\u003cp>\u003ca href=\"https://censusreporter.org/profiles/14000US06029001500-census-tract-15-kern-ca/\">One census tract\u003c/a> in Kern County stands out. Just east of downtown Bakersfield, the 1-square-mile tract had 2,944 residents and 74 people in state prisons, or more than two out of every 100 people.\u003c/p>\n\u003cp>Kern County also leads the state in homicide rate, a statistic the county’s residents and law enforcement struggle to explain. For the sixth consecutive year, the county led the state with a homicide rate of 13.7 homicides per 100,000 people. The statewide average is six homicides per 100,000.\u003c/p>\n\u003cp>“Some of the smaller rural counties often are overlooked but actually have some of the highest incarceration rates in the entire state,” Wessler said. “A lot of these rural areas are also facing significant economic challenges.”\u003c/p>\n\u003cp>You don’t have to remind Bowman, of the Shasta County STEP-UP program for those recently released from incarceration. First, in 2018, the Carr Fire \u003ca href=\"https://opr.ca.gov/docs/20220817-Shasta_County_Case_Study.pdf\">displaced thousands of people\u003c/a> in an area that was already struggling to control housing costs. Then, during the pandemic, wealthier residents of the Bay Area and Sacramento Valley started moving north, pushing up rents and home values. People already on the economic fringe were pushed to its edge.\u003c/p>\n\u003cp>“Because now, landlords could charge whatever they want and there’s no reason for them to open up their homes” to affordable housing programs, Bowman said. “They can get someone who is displaced while their home’s being rebuilt (and) they can get a higher rent from that individual or family. So that’s a huge issue.”\u003c/p>\n\u003cp>He is, however, ultimately optimistic.\u003c/p>\n\u003cp>“I think that there are a lot of good people that are trying to do the very best they can,” Bowman said. “It just takes time for the numbers to come down.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/justice/2022/08/california-incarceration-rates-rural/\">This story was originally published in CalMatters.\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>[dropcap]T[/dropcap]wenty-one-year-old Reid Butler spent about a year in one of California’s state youth prisons before officials in his home county convinced a court to let him serve his sentence in a county juvenile hall. Known as the Division of Juvenile Justice (DJJ), the state lockups were plagued by violence among youth and abuse by staff, and often meant young people were incarcerated hundreds of miles away from their families for years.\u003c/p>\n\u003cp>On a weekday this June, Butler was chatting and working in a large room with the other 10 youths serving time in El Dorado County’s juvenile hall. Most of those young people look up to Butler — he’s the oldest young person incarcerated here, and he’s been here the longest.\u003c/p>\n\u003cp>Compared to DJJ, Butler said this South Lake Tahoe facility “definitely feels very different.”\u003c/p>\n\u003cp>“Historically speaking, the Division of Juvenile Justice is very … You could call it a cattle house, because it prunes and picks these kids to be in the system for the rest of their lives,” he said. “I think DJJ has tried to do a good job, but it’s very difficult when you’re sending all of your broken parts to the same place. That factory doesn’t have the tools necessary to fix those parts. Those things need to be dealt with on, like, an individual basis.”\u003c/p>\n\u003cp>By contrast, Butler said, he’s made significant progress here, getting his high school diploma, then earning his associate’s degree through a community college. And, he’s become a model for other young people here.\u003c/p>\n\u003cp>“It’s very interesting how the kids look up to me … How much respect people have for my advice, of my opinion,” he said. “I’ve learned through my experience that teaching somebody else helps you to learn better … when they succeed, you succeed. When you see people are happy, you’re happy because you’re putting your time and your investments into them. It’s a very nurturing environment to be a leader.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That’s exactly the culture Brian Richart, chief probation officer for El Dorado County, is looking to create as he — along with the state’s 57 other counties — prepare for the end of state juvenile prisons.\u003c/p>\n\u003cp>California had some 19,000 youth in custody 20 years ago. But over the past two decades, the state has completely reimagined its approach to dealing with youths who commit crimes, embracing a model of rehabilitation over punishment. There are now fewer than 3,000 young people in state and local custody.\u003c/p>\n\u003cp>This remaking of juvenile justice \u003ca href=\"https://www.kqed.org/news/11879759/california-moves-to-phase-out-state-run-youth-prisons\">will culminate next summer in the closure of DJJ\u003c/a> — a change that will require probation chiefs like Richart to house and treat all justice system-affected young people in their home counties.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Reid Butler, 21, currently serving a sentence in El Dorado County juvenile hall\"]‘You could call [DJJ] a cattle house, because it prunes and picks these kids to be in the system for the rest of their lives. I think DJJ has tried to do a good job, but it’s very difficult when you’re sending all of your broken parts to the same place.’[/pullquote]It’s a change prompted by not only a sharp drop in youth crime over the past few decades, but also state laws that limited jail time for young people and new research about what actually helps turn kids’ lives around. But it’s also posing big challenges for counties that haven’t historically been in the business of incarcerating youths for years at a time.\u003c/p>\n\u003cp>Richart said the biggest challenge now is making his outdated, decades-old juvenile hall feel less like a prison and more like a school, home and therapeutic space.\u003c/p>\n\u003cp>“This facility was opened approximately 19-ish years ago, but in my opinion, it was designed in the older style and the older modality. So when you walk around the facility, you hear the steel doors close, you see the concrete aspects of the facility, the cinder block walls,” he said.\u003c/p>\n\u003cp>El Dorado County isn’t alone in this — most counties are working with similarly dated facilities. Some are being rebuilt; El Dorado County is making plans to build a new facility in Placerville. But that will take years, so in the meantime, probation departments are making small shifts to make the current buildings more livable and less prison-like. And they’re focusing on what Richart sees as the most important element: staff.\u003c/p>\n\u003cp>“Yes, facilities matter, but what matters tenfold are the staff. If you see somebody in a certain way, you’ll tend to treat them that way. And if you tend to treat them that way, they will tend to behave that way,” he said, adding that while the facility is a “limiting factor … it is certainly not something that prevents my staff from actually doing the type of family-based work that we’ve been doing for the last decade.”\u003c/p>\n\u003cp>That means staff here act more like social workers than cops; they build trust with the youth. The facility has been painted and decorated to resemble a school more than a prison. And young people here spend little time in their rooms; instead they are together going to school, or participating in therapy, family visits or other programs.\u003c/p>\n\u003cp>But 21-year-old Reid Butler’s sentence also represents one of the challenges for counties: State law now allows youth to stay in the juvenile system up to age 26. That means you could have 12- and 13-year-olds serving alongside young adults with incredibly different needs and experiences.\u003c/p>\n\u003ch2>‘Times have changed’\u003c/h2>\n\u003cp>Down in San Mateo County, probation leaders are grappling with many of the same issues, and are working to create better vocational and educational spaces so that when a 26-year-old is released, they’re ready to get a job.\u003c/p>\n\u003cp>Jehan Clark is superintendent for the county’s probation agency. As she walks around San Mateo’s facility, she points to a large courtyard anchored by a lawn and a track. Along the side are chickens that youth take care of, as well as garden boxes where they grow food that they’ll later help cook.\u003c/p>\n\u003cp>Clark said all this makes the common spaces here feel more like a campus than a prison — and that the kids are kept productive and busy.\u003c/p>\n\u003cp>“These kids are barely in their rooms,” she said. “They’re in school all day. If they graduate or are not in school, they’re doing some type of work. After school they have exercise, which we call our large muscle activity, and then they have dinner, shower, and then they’re in programming.”\u003c/p>\n\u003cp>But inside the housing unit, like in El Dorado County, things look more like a traditional prison. That is, until you enter a large room painted a soothing blue and covered in bright renditions of sea creatures.\u003c/p>\n\u003cp>“This is what we call the reef … [it’s] our multisensory deescalation room. So for youth who have more, you know, mental health issues, maybe they’re getting some bad news, they just need to kind of calm themselves, kind of stabilize,” Clark said.\u003c/p>\n\u003cfigure id=\"attachment_11924055\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924055\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/ClarkAquarium.jpg\" alt=\"woman stands inside room painted to look like the inside of an aquarium\" width=\"1920\" height=\"1362\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-800x568.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-1020x724.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-1536x1090.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Jehan Clark, institutions superintendent for San Mateo County Probation, stands in the ‘multisensory deescalation room’ at juvenile hall. \u003ccite>(Marisa Lagos/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Clark, who’s been working in this field for decades, says this room illustrates the shift in philosophy from one that emphasized the institutionalization of young people. Now, juvenile probation officials are trying to create environments that mimic home life so kids don’t have to learn how to act when they’re released.\u003c/p>\n\u003cp>“Times have changed. Things are a lot different. And so, there is no room for confinement. You know, if a youth has an issue, they kind of can take a time-out, but then they come right back out,” she said.\u003c/p>\n\u003cp>That also means probation agencies are bringing families into youths’ treatment, since often the problems that lead young people to commit crimes start at home. And in Fresno County in the Central Valley, it will also mean more community-based programs so young people aren’t necessarily locked up in juvenile hall for their entire sentence.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='incarceration']Still, there are worries. This shift has happened quickly. Most of these facilities weren’t meant to house young people for years at a time. And for all its problems, DJJ did have expertise treating the small number of incredibly high-needs young people, such as those who committed sex offenses and arson.\u003c/p>\n\u003cp>So in Fresno, Probation Chief Kirk Haynes is partnering with other counties to create those specialized programs. He’s retrofitting parts of the facility so they can be used for treatment. But he’s frustrated that state leaders are forcing counties to move so quickly.\u003c/p>\n\u003cp>“We’ve not had a lot of time and frankly have not had a lot of resources to be able to build up, you know, to have our facilities ready to have all these things done,” he said. The next big challenge, Haynes said, will be bringing Fresno’s youths home from DJJ when it closes next summer.\u003c/p>\n\u003cp>“But given all of the challenges that have come along with it, I think at the end of the day and in the long run, we’re ready now and we’re going to be even better as the years go by,” he said.\u003c/p>\n\u003cp>Under state law, Haynes and others have no choice but to try. They’re getting some help from Sacramento — the state budget includes $100 million this year to help make changes to county facilities.\u003c/p>\n\u003cp>And under the law mandating DJJ’s closure, each county had to come up with a detailed proposal outlining how they plan to handle the changes, including a requirement that they do have “secure” or locked facility options. The legislation also created a new state-level ombudsman for youth in the juvenile justice system and a new Office of Youth and Community Restoration that is responsible for reviewing, evaluating and overseeing county implementation.\u003c/p>\n\u003cp>In El Dorado County, Mario Guerrero was one of the community members on the local committee. He’s a program manager at the nonprofit Child Advocates of El Dorado County and has worked in youth services here in his hometown county for 20 years.\u003c/p>\n\u003cp>Guerrero said he’s generally supportive of how the probation department is running juvenile justice here. But he worries about whether communities around the state will step up to help, or stand in the way. He noted that in El Dorado County, Chief Richart’s proposal to build a regional facility to house and treat sex offenders from several counties was killed by the local board of supervisors.\u003c/p>\n\u003cp>Guerrero said in order for young people to actually be rehabilitated, it’s going to take a village.\u003c/p>\n\u003cp>“For those who might be a little bit skeptical or unaware, we understand those fears,” he said. “But the reality is these kids are really amazing kids. They have a lot of potential in life and they just need a lot more guidance and support to be steered in the right direction. But most of them are really, really gifted and amazing kids that just need a little bit of love to find their way.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That’s exactly the culture Brian Richart, chief probation officer for El Dorado County, is looking to create as he — along with the state’s 57 other counties — prepare for the end of state juvenile prisons.\u003c/p>\n\u003cp>California had some 19,000 youth in custody 20 years ago. But over the past two decades, the state has completely reimagined its approach to dealing with youths who commit crimes, embracing a model of rehabilitation over punishment. There are now fewer than 3,000 young people in state and local custody.\u003c/p>\n\u003cp>This remaking of juvenile justice \u003ca href=\"https://www.kqed.org/news/11879759/california-moves-to-phase-out-state-run-youth-prisons\">will culminate next summer in the closure of DJJ\u003c/a> — a change that will require probation chiefs like Richart to house and treat all justice system-affected young people in their home counties.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘You could call [DJJ] a cattle house, because it prunes and picks these kids to be in the system for the rest of their lives. I think DJJ has tried to do a good job, but it’s very difficult when you’re sending all of your broken parts to the same place.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>It’s a change prompted by not only a sharp drop in youth crime over the past few decades, but also state laws that limited jail time for young people and new research about what actually helps turn kids’ lives around. But it’s also posing big challenges for counties that haven’t historically been in the business of incarcerating youths for years at a time.\u003c/p>\n\u003cp>Richart said the biggest challenge now is making his outdated, decades-old juvenile hall feel less like a prison and more like a school, home and therapeutic space.\u003c/p>\n\u003cp>“This facility was opened approximately 19-ish years ago, but in my opinion, it was designed in the older style and the older modality. So when you walk around the facility, you hear the steel doors close, you see the concrete aspects of the facility, the cinder block walls,” he said.\u003c/p>\n\u003cp>El Dorado County isn’t alone in this — most counties are working with similarly dated facilities. Some are being rebuilt; El Dorado County is making plans to build a new facility in Placerville. But that will take years, so in the meantime, probation departments are making small shifts to make the current buildings more livable and less prison-like. And they’re focusing on what Richart sees as the most important element: staff.\u003c/p>\n\u003cp>“Yes, facilities matter, but what matters tenfold are the staff. If you see somebody in a certain way, you’ll tend to treat them that way. And if you tend to treat them that way, they will tend to behave that way,” he said, adding that while the facility is a “limiting factor … it is certainly not something that prevents my staff from actually doing the type of family-based work that we’ve been doing for the last decade.”\u003c/p>\n\u003cp>That means staff here act more like social workers than cops; they build trust with the youth. The facility has been painted and decorated to resemble a school more than a prison. And young people here spend little time in their rooms; instead they are together going to school, or participating in therapy, family visits or other programs.\u003c/p>\n\u003cp>But 21-year-old Reid Butler’s sentence also represents one of the challenges for counties: State law now allows youth to stay in the juvenile system up to age 26. That means you could have 12- and 13-year-olds serving alongside young adults with incredibly different needs and experiences.\u003c/p>\n\u003ch2>‘Times have changed’\u003c/h2>\n\u003cp>Down in San Mateo County, probation leaders are grappling with many of the same issues, and are working to create better vocational and educational spaces so that when a 26-year-old is released, they’re ready to get a job.\u003c/p>\n\u003cp>Jehan Clark is superintendent for the county’s probation agency. As she walks around San Mateo’s facility, she points to a large courtyard anchored by a lawn and a track. Along the side are chickens that youth take care of, as well as garden boxes where they grow food that they’ll later help cook.\u003c/p>\n\u003cp>Clark said all this makes the common spaces here feel more like a campus than a prison — and that the kids are kept productive and busy.\u003c/p>\n\u003cp>“These kids are barely in their rooms,” she said. “They’re in school all day. If they graduate or are not in school, they’re doing some type of work. After school they have exercise, which we call our large muscle activity, and then they have dinner, shower, and then they’re in programming.”\u003c/p>\n\u003cp>But inside the housing unit, like in El Dorado County, things look more like a traditional prison. That is, until you enter a large room painted a soothing blue and covered in bright renditions of sea creatures.\u003c/p>\n\u003cp>“This is what we call the reef … [it’s] our multisensory deescalation room. So for youth who have more, you know, mental health issues, maybe they’re getting some bad news, they just need to kind of calm themselves, kind of stabilize,” Clark said.\u003c/p>\n\u003cfigure id=\"attachment_11924055\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924055\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/ClarkAquarium.jpg\" alt=\"woman stands inside room painted to look like the inside of an aquarium\" width=\"1920\" height=\"1362\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-800x568.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-1020x724.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-160x114.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/ClarkAquarium-1536x1090.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Jehan Clark, institutions superintendent for San Mateo County Probation, stands in the ‘multisensory deescalation room’ at juvenile hall. \u003ccite>(Marisa Lagos/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Clark, who’s been working in this field for decades, says this room illustrates the shift in philosophy from one that emphasized the institutionalization of young people. Now, juvenile probation officials are trying to create environments that mimic home life so kids don’t have to learn how to act when they’re released.\u003c/p>\n\u003cp>“Times have changed. Things are a lot different. And so, there is no room for confinement. You know, if a youth has an issue, they kind of can take a time-out, but then they come right back out,” she said.\u003c/p>\n\u003cp>That also means probation agencies are bringing families into youths’ treatment, since often the problems that lead young people to commit crimes start at home. And in Fresno County in the Central Valley, it will also mean more community-based programs so young people aren’t necessarily locked up in juvenile hall for their entire sentence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Still, there are worries. This shift has happened quickly. Most of these facilities weren’t meant to house young people for years at a time. And for all its problems, DJJ did have expertise treating the small number of incredibly high-needs young people, such as those who committed sex offenses and arson.\u003c/p>\n\u003cp>So in Fresno, Probation Chief Kirk Haynes is partnering with other counties to create those specialized programs. He’s retrofitting parts of the facility so they can be used for treatment. But he’s frustrated that state leaders are forcing counties to move so quickly.\u003c/p>\n\u003cp>“We’ve not had a lot of time and frankly have not had a lot of resources to be able to build up, you know, to have our facilities ready to have all these things done,” he said. The next big challenge, Haynes said, will be bringing Fresno’s youths home from DJJ when it closes next summer.\u003c/p>\n\u003cp>“But given all of the challenges that have come along with it, I think at the end of the day and in the long run, we’re ready now and we’re going to be even better as the years go by,” he said.\u003c/p>\n\u003cp>Under state law, Haynes and others have no choice but to try. They’re getting some help from Sacramento — the state budget includes $100 million this year to help make changes to county facilities.\u003c/p>\n\u003cp>And under the law mandating DJJ’s closure, each county had to come up with a detailed proposal outlining how they plan to handle the changes, including a requirement that they do have “secure” or locked facility options. The legislation also created a new state-level ombudsman for youth in the juvenile justice system and a new Office of Youth and Community Restoration that is responsible for reviewing, evaluating and overseeing county implementation.\u003c/p>\n\u003cp>In El Dorado County, Mario Guerrero was one of the community members on the local committee. He’s a program manager at the nonprofit Child Advocates of El Dorado County and has worked in youth services here in his hometown county for 20 years.\u003c/p>\n\u003cp>Guerrero said he’s generally supportive of how the probation department is running juvenile justice here. But he worries about whether communities around the state will step up to help, or stand in the way. He noted that in El Dorado County, Chief Richart’s proposal to build a regional facility to house and treat sex offenders from several counties was killed by the local board of supervisors.\u003c/p>\n\u003cp>Guerrero said in order for young people to actually be rehabilitated, it’s going to take a village.\u003c/p>\n\u003cp>“For those who might be a little bit skeptical or unaware, we understand those fears,” he said. “But the reality is these kids are really amazing kids. They have a lot of potential in life and they just need a lot more guidance and support to be steered in the right direction. But most of them are really, really gifted and amazing kids that just need a little bit of love to find their way.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Berkeley is experiencing a 1960s flashback triggered by People’s Park, a landmark that has served as a counterculture touchstone, political stepping stone and refuge for the unhoused.\u003c/p>\n\u003cp>The 3-acre site’s colorful history, forged from the University of California, Berkeley’s seizure of the land in 1968, has been thrust back into the spotlight as the school renews efforts to pave over People’s Park, this time for a $312 million project that includes sorely needed housing for about 1,000 students.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11922900,news_11921415,arts_13917145\"]After a judge sided with the university in a legal scrum over the project, construction finally began August 3 — only to abruptly stop a few hours later after a swarm of protesters, who had been sparring with police, toppled fences surrounding the park.\u003c/p>\n\u003cp>The delay was only supposed to last a few days, but the coalition fighting the university’s plans won an appeals court stay that will prevent construction until at least October.\u003c/p>\n\u003cp>The lull hasn’t muted the contentious debate around a historic spot once hailed as “a trace of anarchist heaven on Earth” by former UC Berkeley professor Todd Gitlin and derided by former city Councilmember John DeBonis as a “hippie Disneyland.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The park turned into a symbol of both resistance and mayhem during a deadly 1969 confrontation known as “Bloody Thursday,” emboldening then-California Gov. Ronald Reagan to send in 3,000 National Guard troops for a two-week occupation that evoked images of war in a city that was clamoring for peace in Vietnam.\u003c/p>\n\u003cp>Don Mitchell, whose father was a UC Berkeley professor during the 1969 uprising, views People’s Park as a social experiment worth saving, as more cookie-cutter communities get built in the U.S.\u003c/p>\n\u003cfigure id=\"attachment_11923879\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11923879\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-800x533.jpg\" alt=\"A person speaks into a mic in front of a university building and a sign for people's park\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">People’s Park supporters rally at Sproul Hall to protest the construction of UC Berkeley student housing at the park in Berkeley on Aug. 3, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“People’s Park has always been a place that was made and regulated by the people who use it,” said Mitchell, a professor of human geography at Uppsala University in Sweden. “It’s a free and open space, a place where the rules of exclusion are very different. So people who were poor, people who didn’t have housing, people who didn’t fit into dominant society in all sorts of different ways could find a space there. And many did.”\u003c/p>\n\u003cp>That ethos has long made the park a way station for unhoused people, with scattered tent clusters and makeshift kitchens. Drug use and violence have helped spur support for the university’s development plans.\u003c/p>\n\u003cp>At Atmaa Das, 28, began spending time in People’s Park not long after leaving Alabama in 2014 and found his way there again a couple weeks after workers left behind construction equipment, now splattered with obscene graffiti — part of $1.5 million in recent protest damage, the university estimated. “I came here looking for the promised land and reckon I found it,” he said on a recent morning, strumming his guitar while singing parts of Woody Guthrie’s “This Land Is Your Land.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Don Mitchell, professor, Uppsala University in Sweden\"]‘People’s Park has always been a place that was made and regulated by the people who use it … so people who were poor, people who didn’t have housing, people who didn’t fit into dominant society in all sorts of different ways could find a space there. And many did.’[/pullquote]University officials say they are sympathetic to both the park’s heritage and the needs of unhoused people who have lived there since another set of fences surrounding the property were removed in 1972.\u003c/p>\n\u003cp>The school and city \u003ca href=\"https://peoplesparkhousing.berkeley.edu/rodewayinn\">moved dozens of unhoused people into a motel\u003c/a> as part of an $8 million relocation initiative, and officials promised to \u003ca href=\"https://peoplesparkhousing.berkeley.edu/new-park\" target=\"_blank\" rel=\"noopener noreferrer\">keep most of the site as open space\u003c/a>. The school also hired award-winning architect \u003ca href=\"https://peoplesparkhousing.berkeley.edu/history-commemoration\">Walter Hood to design a memorial\u003c/a> celebrating its history.\u003c/p>\n\u003cp>“Our plan will meet multiple interests to preserve the park, create urgently needed student housing, and provide permanent housing for unhoused and low-income individuals,” UC Berkeley Chancellor Carol Christ wrote in an email sent to university alumni and other supporters earlier this week. University spokesperson Dan Mogulof declined a request to interview Christ.\u003c/p>\n\u003cp>Not even People’s Park supporters dispute more affordable housing is needed — the median sales price for \u003ca href=\"https://www.sfchronicle.com/projects/real-estate/bay-area-home-priceshttps://www.sfchronicle.com/projects/real-estate/bay-area-home-prices.\">a home near the university is $1.5 million\u003c/a>. But critics blame mismanagement for the crisis and contend the university could build on its other property.\u003c/p>\n\u003cfigure id=\"attachment_11922966\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11922966\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut.jpg\" alt='A sign outside that reads \"Peoples Park\" with tents outside.' width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A sign says ‘Save Peoples Park, No More Buildings’ at People’s Park in Berkeley on Feb. 19, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Under a 2005 long-range plan, UC Berkeley estimated enrollment at 33,000 students by 2020. Instead, it had about 43,000 students that year and expects roughly 45,000 this academic year — with only 10,000 campus beds.\u003c/p>\n\u003cp>The glaring shortage is mainly why city officials back the university’s plan, including city Councilmember Rigel Robinson, who represents the People’s Park area.\u003c/p>\n\u003cp>“People’s Park has been a powerful symbol of resistance against government oppression, but it has since become a symbol of something else entirely: our failure as a region to respond to the housing crisis,” Robinson said. “The time has come to turn the page.”\u003c/p>\n\u003cp>But this month’s protests showed that a significant part of Berkeley isn’t ready to let go, mainly because of what the park has come to symbolize since UC Berkeley seized it for $1.3 million in 1968 under eminent domain and demolished homes there. After citing a need for an intramural soccer field, the school instead let the site deteriorate into a muddy mess mostly used for parking.\u003c/p>\n\u003cp>After boilermaker Michael Delacour led a grassroots group to plant vegetation, turning the eyesore into a community magnet, UC Berkeley decided to fence it off on May 15, 1969.\u003c/p>\n\u003cp>That set the stage for rebellion. At a rally outside UC Berkeley’s administration building, incoming student body President Dan Siegel urged the crowd to “take the park.”\u003c/p>\n\u003cp>“Some of the issues now are like 1969,” said Siegel, now a lawyer in nearby Oakland. “People’s Park is both a park and a symbol of activism that is worthy of protection.”\u003c/p>\n\u003cp>The infamous 1969 clash between hundreds of police, some of them dubbed “Blue Meanies,” and protesters became a flashpoint in the civil rights and anti-Vietnam War movements. During the hours-long melee, police fatally shot a man standing on a rooftop and blinded another who was struck in the face with bird shot. Dozens of protesters were wounded.\u003c/p>\n\u003cfigure id=\"attachment_11922963\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-72160036.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11922963\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-72160036.jpg\" alt=\"A black and white photo of several people standing outside behind barbed wire.\" width=\"1024\" height=\"695\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036-800x543.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036-1020x692.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036-160x109.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrators place flowers on a barbed wire fence in People’s Park on the UC Berkeley campus, May 30, 1969. The demonstrators were part of a group of 30,000 Berkeley residents, of a total population of 100,000, who gathered and marched to protest the May 15 killing by police of an unarmed spectator at an earlier demonstration and the subsequent occupation of their city by the National Guard. \u003ccite>(David Fenton/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Then Reagan, who had vowed “to clean up the mess in Berkeley” during his victorious 1966 gubernatorial campaign, called in military troops. Before an uneasy truce was reached May 30, 1969, hundreds more were arrested, and, in another infamous moment, an Army helicopter sprayed a crowd with what authorities called tear gas but others insisted was an even more dangerous substance.\u003c/p>\n\u003cp>Some of Reagan’s detractors still believe he deliberately deployed strong-arm tactics to establish himself as a law-and-order leader while pursuing a political agenda that led to his 1980 election as president.\u003c/p>\n\u003cp>Harvey Smith, president of the People’s Park Historic District Advocacy Group that is spearheading the legal fight for preservation, likens UC Berkeley’s plan to Reagan’s 1969 crackdown.\u003c/p>\n\u003cp>Reagan “wanted to wipe out the social and political history of Berkeley and now the university is carrying it forward,” Smith said on August 3 while construction crews used bulldozers and buzz saws to topple most of the park’s trees, including some that predated the school’s purchase 54 years ago.\u003c/p>\n\u003cp>The clear-cutting depressed Bertha Jones, who lived in People’s Park for several years before accepting the university’s offer to move into a nearby Rodeway Inn.\u003c/p>\n\u003cp>“My grandparents got married at one of those trees. My mom got married at one of those trees,” Jones, 43, said. “I wanted to keep the tradition going, but obviously that isn’t going to work out now.”\u003c/p>\n\u003cp>Other former People’s Park inhabitants said they moved into the motel reluctantly, though they like having their own bed and bathroom. What they don’t like is not being given room keys, or being banned from leaving the premises from midnight to 6 a.m.\u003c/p>\n\u003cp>After spending most of his time in People’s Park for seven years, Eric Morales moved in early June to the Rodeway Inn with his dog, Bonita. But he will always consider People’s Park home.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“It’s not like any other park,” Morales, 54, said. “You can go to other parks and you say hi and bye, then you won’t ever see them again. But People’s Park is a community, you know? We are a family.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Berkeley is experiencing a 1960s flashback triggered by People’s Park, a landmark that has served as a counterculture touchstone, political stepping stone and refuge for the unhoused.\u003c/p>\n\u003cp>The 3-acre site’s colorful history, forged from the University of California, Berkeley’s seizure of the land in 1968, has been thrust back into the spotlight as the school renews efforts to pave over People’s Park, this time for a $312 million project that includes sorely needed housing for about 1,000 students.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>After a judge sided with the university in a legal scrum over the project, construction finally began August 3 — only to abruptly stop a few hours later after a swarm of protesters, who had been sparring with police, toppled fences surrounding the park.\u003c/p>\n\u003cp>The delay was only supposed to last a few days, but the coalition fighting the university’s plans won an appeals court stay that will prevent construction until at least October.\u003c/p>\n\u003cp>The lull hasn’t muted the contentious debate around a historic spot once hailed as “a trace of anarchist heaven on Earth” by former UC Berkeley professor Todd Gitlin and derided by former city Councilmember John DeBonis as a “hippie Disneyland.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The park turned into a symbol of both resistance and mayhem during a deadly 1969 confrontation known as “Bloody Thursday,” emboldening then-California Gov. Ronald Reagan to send in 3,000 National Guard troops for a two-week occupation that evoked images of war in a city that was clamoring for peace in Vietnam.\u003c/p>\n\u003cp>Don Mitchell, whose father was a UC Berkeley professor during the 1969 uprising, views People’s Park as a social experiment worth saving, as more cookie-cutter communities get built in the U.S.\u003c/p>\n\u003cfigure id=\"attachment_11923879\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11923879\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-800x533.jpg\" alt=\"A person speaks into a mic in front of a university building and a sign for people's park\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS57527_002_KQED_PeoplesParkRally_08032022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">People’s Park supporters rally at Sproul Hall to protest the construction of UC Berkeley student housing at the park in Berkeley on Aug. 3, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“People’s Park has always been a place that was made and regulated by the people who use it,” said Mitchell, a professor of human geography at Uppsala University in Sweden. “It’s a free and open space, a place where the rules of exclusion are very different. So people who were poor, people who didn’t have housing, people who didn’t fit into dominant society in all sorts of different ways could find a space there. And many did.”\u003c/p>\n\u003cp>That ethos has long made the park a way station for unhoused people, with scattered tent clusters and makeshift kitchens. Drug use and violence have helped spur support for the university’s development plans.\u003c/p>\n\u003cp>At Atmaa Das, 28, began spending time in People’s Park not long after leaving Alabama in 2014 and found his way there again a couple weeks after workers left behind construction equipment, now splattered with obscene graffiti — part of $1.5 million in recent protest damage, the university estimated. “I came here looking for the promised land and reckon I found it,” he said on a recent morning, strumming his guitar while singing parts of Woody Guthrie’s “This Land Is Your Land.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘People’s Park has always been a place that was made and regulated by the people who use it … so people who were poor, people who didn’t have housing, people who didn’t fit into dominant society in all sorts of different ways could find a space there. And many did.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>University officials say they are sympathetic to both the park’s heritage and the needs of unhoused people who have lived there since another set of fences surrounding the property were removed in 1972.\u003c/p>\n\u003cp>The school and city \u003ca href=\"https://peoplesparkhousing.berkeley.edu/rodewayinn\">moved dozens of unhoused people into a motel\u003c/a> as part of an $8 million relocation initiative, and officials promised to \u003ca href=\"https://peoplesparkhousing.berkeley.edu/new-park\" target=\"_blank\" rel=\"noopener noreferrer\">keep most of the site as open space\u003c/a>. The school also hired award-winning architect \u003ca href=\"https://peoplesparkhousing.berkeley.edu/history-commemoration\">Walter Hood to design a memorial\u003c/a> celebrating its history.\u003c/p>\n\u003cp>“Our plan will meet multiple interests to preserve the park, create urgently needed student housing, and provide permanent housing for unhoused and low-income individuals,” UC Berkeley Chancellor Carol Christ wrote in an email sent to university alumni and other supporters earlier this week. University spokesperson Dan Mogulof declined a request to interview Christ.\u003c/p>\n\u003cp>Not even People’s Park supporters dispute more affordable housing is needed — the median sales price for \u003ca href=\"https://www.sfchronicle.com/projects/real-estate/bay-area-home-priceshttps://www.sfchronicle.com/projects/real-estate/bay-area-home-prices.\">a home near the university is $1.5 million\u003c/a>. But critics blame mismanagement for the crisis and contend the university could build on its other property.\u003c/p>\n\u003cfigure id=\"attachment_11922966\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11922966\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut.jpg\" alt='A sign outside that reads \"Peoples Park\" with tents outside.' width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/RS47370_036_Berkeley_PeoplesPark_02192021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A sign says ‘Save Peoples Park, No More Buildings’ at People’s Park in Berkeley on Feb. 19, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Under a 2005 long-range plan, UC Berkeley estimated enrollment at 33,000 students by 2020. Instead, it had about 43,000 students that year and expects roughly 45,000 this academic year — with only 10,000 campus beds.\u003c/p>\n\u003cp>The glaring shortage is mainly why city officials back the university’s plan, including city Councilmember Rigel Robinson, who represents the People’s Park area.\u003c/p>\n\u003cp>“People’s Park has been a powerful symbol of resistance against government oppression, but it has since become a symbol of something else entirely: our failure as a region to respond to the housing crisis,” Robinson said. “The time has come to turn the page.”\u003c/p>\n\u003cp>But this month’s protests showed that a significant part of Berkeley isn’t ready to let go, mainly because of what the park has come to symbolize since UC Berkeley seized it for $1.3 million in 1968 under eminent domain and demolished homes there. After citing a need for an intramural soccer field, the school instead let the site deteriorate into a muddy mess mostly used for parking.\u003c/p>\n\u003cp>After boilermaker Michael Delacour led a grassroots group to plant vegetation, turning the eyesore into a community magnet, UC Berkeley decided to fence it off on May 15, 1969.\u003c/p>\n\u003cp>That set the stage for rebellion. At a rally outside UC Berkeley’s administration building, incoming student body President Dan Siegel urged the crowd to “take the park.”\u003c/p>\n\u003cp>“Some of the issues now are like 1969,” said Siegel, now a lawyer in nearby Oakland. “People’s Park is both a park and a symbol of activism that is worthy of protection.”\u003c/p>\n\u003cp>The infamous 1969 clash between hundreds of police, some of them dubbed “Blue Meanies,” and protesters became a flashpoint in the civil rights and anti-Vietnam War movements. During the hours-long melee, police fatally shot a man standing on a rooftop and blinded another who was struck in the face with bird shot. Dozens of protesters were wounded.\u003c/p>\n\u003cfigure id=\"attachment_11922963\" class=\"wp-caption aligncenter\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-72160036.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11922963\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-72160036.jpg\" alt=\"A black and white photo of several people standing outside behind barbed wire.\" width=\"1024\" height=\"695\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036-800x543.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036-1020x692.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/GettyImages-72160036-160x109.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Demonstrators place flowers on a barbed wire fence in People’s Park on the UC Berkeley campus, May 30, 1969. The demonstrators were part of a group of 30,000 Berkeley residents, of a total population of 100,000, who gathered and marched to protest the May 15 killing by police of an unarmed spectator at an earlier demonstration and the subsequent occupation of their city by the National Guard. \u003ccite>(David Fenton/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Then Reagan, who had vowed “to clean up the mess in Berkeley” during his victorious 1966 gubernatorial campaign, called in military troops. Before an uneasy truce was reached May 30, 1969, hundreds more were arrested, and, in another infamous moment, an Army helicopter sprayed a crowd with what authorities called tear gas but others insisted was an even more dangerous substance.\u003c/p>\n\u003cp>Some of Reagan’s detractors still believe he deliberately deployed strong-arm tactics to establish himself as a law-and-order leader while pursuing a political agenda that led to his 1980 election as president.\u003c/p>\n\u003cp>Harvey Smith, president of the People’s Park Historic District Advocacy Group that is spearheading the legal fight for preservation, likens UC Berkeley’s plan to Reagan’s 1969 crackdown.\u003c/p>\n\u003cp>Reagan “wanted to wipe out the social and political history of Berkeley and now the university is carrying it forward,” Smith said on August 3 while construction crews used bulldozers and buzz saws to topple most of the park’s trees, including some that predated the school’s purchase 54 years ago.\u003c/p>\n\u003cp>The clear-cutting depressed Bertha Jones, who lived in People’s Park for several years before accepting the university’s offer to move into a nearby Rodeway Inn.\u003c/p>\n\u003cp>“My grandparents got married at one of those trees. My mom got married at one of those trees,” Jones, 43, said. “I wanted to keep the tradition going, but obviously that isn’t going to work out now.”\u003c/p>\n\u003cp>Other former People’s Park inhabitants said they moved into the motel reluctantly, though they like having their own bed and bathroom. What they don’t like is not being given room keys, or being banned from leaving the premises from midnight to 6 a.m.\u003c/p>\n\u003cp>After spending most of his time in People’s Park for seven years, Eric Morales moved in early June to the Rodeway Inn with his dog, Bonita. But he will always consider People’s Park home.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It’s not like any other park,” Morales, 54, said. “You can go to other parks and you say hi and bye, then you won’t ever see them again. But People’s Park is a community, you know? We are a family.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Newsom May Soon Approve Supervised Drug Injection Sites. How Will They Work?",
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"headTitle": "Newsom May Soon Approve Supervised Drug Injection Sites. How Will They Work? | KQED",
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"content": "\u003cp>Establishing supervised drug injection sites has been a long-standing goal for some progressive California leaders looking to address the burgeoning overdose crisis. Efforts to launch such programs have come close, but never to the finish line.\u003c/p>\n\u003cp>Now, as the latest legislation seeking to sanction these sites heads to the governor’s desk, proponents are gearing up to make these injection sites a reality — and, they hope, a success — in the Golden State.\u003c/p>\n\u003cp>Senate Bill 57 would authorize these overdose prevention pilot programs in Oakland, San Francisco and Los Angeles, which would operate through Jan. 1, 2028.\u003c/p>\n\u003cp>While former \u003ca href=\"https://www.kqed.org/news/11695653/brown-rejects-supervised-injection-site-for-san-francisco\">Gov. Jerry Brown rejected similar legislation in 2018\u003c/a>, supporters are hopeful Gov. Gavin Newsom will sign this one after he said he was open to the idea during his campaign for governor.\u003c/p>\n\u003cp>“We have been engaging with the governor’s office for the past four years on this measure. We haven’t heard that he’s not going to sign it, so we’re hopeful that he’ll stick to his word from 2018,” said Jeannette Zanipatin, California state director of the Drug Policy Alliance, an advocacy group that works to decriminalize drugs and a co-sponsor of the bill.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Alex Stack, a spokesperson for the governor’s office, said they don’t comment on pending legislation.\u003c/p>\n\u003cp>But if Newsom does sign it, what exactly would these sites look like? Who would be responsible for staffing them and how will they be funded? The details and logistics will be left to local officials.[pullquote align=\"right\" size=\"medium\" citation=\"State Senator Scott Wiener\"]‘They are asking us to help them address the escalations and crisis of overdose deaths that we’re experiencing in California’[/pullquote]Because San Francisco has been considering this idea for almost a decade, it would likely be the first city ready to launch a program in early 2023, Zanipatin said. Supervised injection sites could cost a couple of million dollars per year to run, and cities and counties that choose to establish these programs will have to find their own source of funding.\u003c/p>\n\u003cp>Last year, New York City became the first to establish supervised injection sites in the U.S. Cities in other countries have operated such centers for years, including \u003ca href=\"http://www.vch.ca/public-health/harm-reduction/supervised-consumption-sites\">Vancouver\u003c/a>, \u003ca href=\"https://www.eluniversal.com.mx/english/mexicali-offers-safe-spot-for-heroin-addicts\">Mexicali\u003c/a> and \u003ca href=\"https://ssir.org/articles/entry/Wary_of_an_Opioid_Epidemic_Europe_Pushes_Safe_Sites_for_Drug_Use#\">Barcelona\u003c/a>. The Vancouver site is often \u003ca href=\"https://www.rti.org/impact/cost-benefit-analysis-opening-safe-consumption-site-san-francisco\">referenced as a model\u003c/a> — with about 1,700 individuals using it each month, the center is credited with \u003ca href=\"https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(10)62353-7/fulltext\">reducing overdose deaths\u003c/a> in its neighborhood and city. Switzerland was the first country to open a supervised injection site in 1986.\u003c/p>\n\u003cp>The goal of these programs, supporters say, is to provide drug users a safe, hygienic space where they can get clean needles and administer their own drugs under the supervision of trained staff. Staff members would monitor users and be ready to administer overdose reversal medications if needed, which could ultimately save lives. Medical groups in support of these programs have pointed out injection sites could also \u003ca href=\"https://www.aafp.org/pubs/afp/issues/2022/0500/p454.html\">help reduce the risk of Hepatitis C and HIV infections\u003c/a> associated with intravenous drug use.\u003c/p>\n\u003cp>Sen. Scott Wiener, author of the bill, said the jurisdictions that would pilot the programs asked to be included in the bill. “They are asking us to help them address the escalations and crisis of overdose deaths that we’re experiencing in California,” Wiener, a San Francisco Democrat, said during an Aug. 1 legislative hearing.\u003c/p>\n\u003cp>Those in opposition to Wiener’s bill, including Republican legislators and law enforcement groups, argue these programs are a type of addiction maintenance that normalize illegal behavior.\u003c/p>\n\u003cp>Before setting up their overdose prevention programs, the cities and counties must provide local health and law enforcement officials the opportunity to weigh in. Once set up, these centers must make referrals to substance-use-disorder treatment programs and other social services if the user wishes to access them. The bill would also protect people from criminal charges for using the sites.\u003c/p>\n\u003cp>The overdose crisis has become one of the most pressing public health issues, with deaths and emergency room visits spiking in recent years, in large part due to the infiltration of the synthetic opioid fentanyl. Overdose deaths from fentanyl jumped from 1,603 in 2019 to 3,946 in 2020, and then to 5,722 in 2021, according to the \u003ca href=\"https://skylab.cdph.ca.gov/ODdash/?tab=Home\">California Opioid Overdose Surveillance Dashboard\u003c/a>.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://e.infogram.com/d37b51d7-b97d-4947-b813-0653e3bf0ff7?src=embed\" title=\"overdose deaths - all drugs\" width=\"550\" height=\"820\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>California’s second swing at this policy comes as the \u003ca href=\"https://www.whitehouse.gov/ondcp/briefing-room/2022/03/28/president-biden-calls-for-increased-funding-to-address-addiction-and-the-overdose-epidemic/\">Biden administration is also embracing “harm reduction” strategies\u003c/a> — which focus on keeping drug users alive and safe rather than punishing them. Needle exchange programs and programs that distribute the overdose reversal drug naloxone are some examples.\u003c/p>\n\u003cp>Among those urging the governor to veto the bill is the Senate Republican Caucus. “Fueling the drug epidemic with drug dens and needle supplies is like pouring gasoline on a forest fire. It merely worsens the problem,” the caucus wrote in an \u003ca href=\"https://cssrc.us/sites/default/files/SB%2057%20%28Wiener%29%20Senate%20Republican%20Caucus%20Veto%20Letter%20FINAL.pdf\">Aug. 1 letter to Newsom\u003c/a>.\u003c/p>\n\u003cp>Law enforcement organizations have stated their opposition to the bill, saying it sends the wrong message to the public and fails to address addiction at its root.\u003c/p>\n\u003cp>Wiener and supporters of the bill say supervised injection sites will not solve the overdose crisis. Rather, the goal is to prevent deaths.\u003c/p>\n\u003cp>Opponents have also raised concerns about the bill not providing a “cognizable strategy for figuring out how to get the addict to the injection site,” John Lovell, a lobbyist with the California Narcotic Officers’ Association, said during last week’s hearing. “What injection sites do is there is a magnet effect so that people come into the area,” but that doesn’t mean they will actually go inside the facility, he said.\u003c/p>\n\u003cp>Laura Thomas, director of HIV and harm reduction policy at the San Francisco AIDS Foundation, another co-sponsor of the bill, said she doesn’t think getting people into these centers will be a challenge. “Overwhelmingly, people would prefer to use in a clean space. No one wants to be using drugs on the sidewalk. If we give people a better option they will use it,” she said.\u003c/p>\n\u003cp>An often-referenced \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2885552/\">survey of 602 injection drug users in San Francisco\u003c/a> showed that 85% would use a supervised injection site. About 75% of them said they would use it at least three days per week.\u003cspan style=\"font-weight: 400\">[aside label=\"Related Stories\" postID=\"news_11909484,news_11910405,news_11922249\" align=\"left\"]\u003c/span>The idea, according to supporters, is to build trust with people who come in, prompting them to spread the word and eventually link people to treatment when they are ready. These centers often look like a clinic, and people usually go through a brief interview when they first walk in.\u003c/p>\n\u003cp>Thomas said that while it would be ideal for such centers to be open 24/7, realistically, hours of operation would be dependent on funding. That same San Francisco study showed that 62% of the drug users surveyed preferred a supervised injection site to be open from 8 a.m. to 4 p.m.\u003c/p>\n\u003cp>Funding could prove to be a challenge in the long term. In New York City, where two safe injection sites opened last fall, \u003ca href=\"https://www.npr.org/2022/06/04/1103114131/supervised-injection-sites-in-nyc-have-saved-lives-but-officials-wont-provide-fu\">the city and state do not pay for them\u003c/a>. The nonprofits running the programs seek private donations, making it difficult for the centers to extend their hours or expand into other neighborhoods.\u003c/p>\n\u003cp>A supervised injection site in San Francisco is \u003ca href=\"https://www.rti.org/impact/cost-benefit-analysis-opening-safe-consumption-site-san-francisco\">estimated to cost about $2.6 million a year\u003c/a>, according to RTI International, a nonprofit research institute.\u003c/p>\n\u003cp>Thomas said California community organizations that already work in the field of substance use disorders would be best-equipped to run the programs, but funding should come from public health departments because they are a public benefit.\u003c/p>\n\u003cp>Some of the cities and counties included in the bill have potential public funding streams. For example, Los Angeles County \u003ca href=\"https://ceo.lacounty.gov/wp-content/uploads/2021/06/Updated_MeasureJ_Report-Revised-06.14.21.pdf\">voters in 2020 passed Measure J\u003c/a>, which allows the county to use at least 10% of its locally generated, unrestricted funding for community investment programs, which could include overdose prevention programs.\u003c/p>\n\u003cp>“We’re also hoping that these pilot projects serve as a catalyst and identify some private-public partnerships,” Zanipatin said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/addiction/2022/08/supervised-injection-sites/\">This story first appeared in CalMatters.\u003c/a>\u003c/p>\n\n",
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"excerpt": "Local officials will have much discretion in how they run injection sites if Newson signs the legislation",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Establishing supervised drug injection sites has been a long-standing goal for some progressive California leaders looking to address the burgeoning overdose crisis. Efforts to launch such programs have come close, but never to the finish line.\u003c/p>\n\u003cp>Now, as the latest legislation seeking to sanction these sites heads to the governor’s desk, proponents are gearing up to make these injection sites a reality — and, they hope, a success — in the Golden State.\u003c/p>\n\u003cp>Senate Bill 57 would authorize these overdose prevention pilot programs in Oakland, San Francisco and Los Angeles, which would operate through Jan. 1, 2028.\u003c/p>\n\u003cp>While former \u003ca href=\"https://www.kqed.org/news/11695653/brown-rejects-supervised-injection-site-for-san-francisco\">Gov. Jerry Brown rejected similar legislation in 2018\u003c/a>, supporters are hopeful Gov. Gavin Newsom will sign this one after he said he was open to the idea during his campaign for governor.\u003c/p>\n\u003cp>“We have been engaging with the governor’s office for the past four years on this measure. We haven’t heard that he’s not going to sign it, so we’re hopeful that he’ll stick to his word from 2018,” said Jeannette Zanipatin, California state director of the Drug Policy Alliance, an advocacy group that works to decriminalize drugs and a co-sponsor of the bill.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Alex Stack, a spokesperson for the governor’s office, said they don’t comment on pending legislation.\u003c/p>\n\u003cp>But if Newsom does sign it, what exactly would these sites look like? Who would be responsible for staffing them and how will they be funded? The details and logistics will be left to local officials.\u003c/p>\u003c/div>",
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"content": "‘They are asking us to help them address the escalations and crisis of overdose deaths that we’re experiencing in California’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Because San Francisco has been considering this idea for almost a decade, it would likely be the first city ready to launch a program in early 2023, Zanipatin said. Supervised injection sites could cost a couple of million dollars per year to run, and cities and counties that choose to establish these programs will have to find their own source of funding.\u003c/p>\n\u003cp>Last year, New York City became the first to establish supervised injection sites in the U.S. Cities in other countries have operated such centers for years, including \u003ca href=\"http://www.vch.ca/public-health/harm-reduction/supervised-consumption-sites\">Vancouver\u003c/a>, \u003ca href=\"https://www.eluniversal.com.mx/english/mexicali-offers-safe-spot-for-heroin-addicts\">Mexicali\u003c/a> and \u003ca href=\"https://ssir.org/articles/entry/Wary_of_an_Opioid_Epidemic_Europe_Pushes_Safe_Sites_for_Drug_Use#\">Barcelona\u003c/a>. The Vancouver site is often \u003ca href=\"https://www.rti.org/impact/cost-benefit-analysis-opening-safe-consumption-site-san-francisco\">referenced as a model\u003c/a> — with about 1,700 individuals using it each month, the center is credited with \u003ca href=\"https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(10)62353-7/fulltext\">reducing overdose deaths\u003c/a> in its neighborhood and city. Switzerland was the first country to open a supervised injection site in 1986.\u003c/p>\n\u003cp>The goal of these programs, supporters say, is to provide drug users a safe, hygienic space where they can get clean needles and administer their own drugs under the supervision of trained staff. Staff members would monitor users and be ready to administer overdose reversal medications if needed, which could ultimately save lives. Medical groups in support of these programs have pointed out injection sites could also \u003ca href=\"https://www.aafp.org/pubs/afp/issues/2022/0500/p454.html\">help reduce the risk of Hepatitis C and HIV infections\u003c/a> associated with intravenous drug use.\u003c/p>\n\u003cp>Sen. Scott Wiener, author of the bill, said the jurisdictions that would pilot the programs asked to be included in the bill. “They are asking us to help them address the escalations and crisis of overdose deaths that we’re experiencing in California,” Wiener, a San Francisco Democrat, said during an Aug. 1 legislative hearing.\u003c/p>\n\u003cp>Those in opposition to Wiener’s bill, including Republican legislators and law enforcement groups, argue these programs are a type of addiction maintenance that normalize illegal behavior.\u003c/p>\n\u003cp>Before setting up their overdose prevention programs, the cities and counties must provide local health and law enforcement officials the opportunity to weigh in. Once set up, these centers must make referrals to substance-use-disorder treatment programs and other social services if the user wishes to access them. The bill would also protect people from criminal charges for using the sites.\u003c/p>\n\u003cp>The overdose crisis has become one of the most pressing public health issues, with deaths and emergency room visits spiking in recent years, in large part due to the infiltration of the synthetic opioid fentanyl. Overdose deaths from fentanyl jumped from 1,603 in 2019 to 3,946 in 2020, and then to 5,722 in 2021, according to the \u003ca href=\"https://skylab.cdph.ca.gov/ODdash/?tab=Home\">California Opioid Overdose Surveillance Dashboard\u003c/a>.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://e.infogram.com/d37b51d7-b97d-4947-b813-0653e3bf0ff7?src=embed\" title=\"overdose deaths - all drugs\" width=\"550\" height=\"820\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>California’s second swing at this policy comes as the \u003ca href=\"https://www.whitehouse.gov/ondcp/briefing-room/2022/03/28/president-biden-calls-for-increased-funding-to-address-addiction-and-the-overdose-epidemic/\">Biden administration is also embracing “harm reduction” strategies\u003c/a> — which focus on keeping drug users alive and safe rather than punishing them. Needle exchange programs and programs that distribute the overdose reversal drug naloxone are some examples.\u003c/p>\n\u003cp>Among those urging the governor to veto the bill is the Senate Republican Caucus. “Fueling the drug epidemic with drug dens and needle supplies is like pouring gasoline on a forest fire. It merely worsens the problem,” the caucus wrote in an \u003ca href=\"https://cssrc.us/sites/default/files/SB%2057%20%28Wiener%29%20Senate%20Republican%20Caucus%20Veto%20Letter%20FINAL.pdf\">Aug. 1 letter to Newsom\u003c/a>.\u003c/p>\n\u003cp>Law enforcement organizations have stated their opposition to the bill, saying it sends the wrong message to the public and fails to address addiction at its root.\u003c/p>\n\u003cp>Wiener and supporters of the bill say supervised injection sites will not solve the overdose crisis. Rather, the goal is to prevent deaths.\u003c/p>\n\u003cp>Opponents have also raised concerns about the bill not providing a “cognizable strategy for figuring out how to get the addict to the injection site,” John Lovell, a lobbyist with the California Narcotic Officers’ Association, said during last week’s hearing. “What injection sites do is there is a magnet effect so that people come into the area,” but that doesn’t mean they will actually go inside the facility, he said.\u003c/p>\n\u003cp>Laura Thomas, director of HIV and harm reduction policy at the San Francisco AIDS Foundation, another co-sponsor of the bill, said she doesn’t think getting people into these centers will be a challenge. “Overwhelmingly, people would prefer to use in a clean space. No one wants to be using drugs on the sidewalk. If we give people a better option they will use it,” she said.\u003c/p>\n\u003cp>An often-referenced \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2885552/\">survey of 602 injection drug users in San Francisco\u003c/a> showed that 85% would use a supervised injection site. About 75% of them said they would use it at least three days per week.\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>The idea, according to supporters, is to build trust with people who come in, prompting them to spread the word and eventually link people to treatment when they are ready. These centers often look like a clinic, and people usually go through a brief interview when they first walk in.\u003c/p>\n\u003cp>Thomas said that while it would be ideal for such centers to be open 24/7, realistically, hours of operation would be dependent on funding. That same San Francisco study showed that 62% of the drug users surveyed preferred a supervised injection site to be open from 8 a.m. to 4 p.m.\u003c/p>\n\u003cp>Funding could prove to be a challenge in the long term. In New York City, where two safe injection sites opened last fall, \u003ca href=\"https://www.npr.org/2022/06/04/1103114131/supervised-injection-sites-in-nyc-have-saved-lives-but-officials-wont-provide-fu\">the city and state do not pay for them\u003c/a>. The nonprofits running the programs seek private donations, making it difficult for the centers to extend their hours or expand into other neighborhoods.\u003c/p>\n\u003cp>A supervised injection site in San Francisco is \u003ca href=\"https://www.rti.org/impact/cost-benefit-analysis-opening-safe-consumption-site-san-francisco\">estimated to cost about $2.6 million a year\u003c/a>, according to RTI International, a nonprofit research institute.\u003c/p>\n\u003cp>Thomas said California community organizations that already work in the field of substance use disorders would be best-equipped to run the programs, but funding should come from public health departments because they are a public benefit.\u003c/p>\n\u003cp>Some of the cities and counties included in the bill have potential public funding streams. For example, Los Angeles County \u003ca href=\"https://ceo.lacounty.gov/wp-content/uploads/2021/06/Updated_MeasureJ_Report-Revised-06.14.21.pdf\">voters in 2020 passed Measure J\u003c/a>, which allows the county to use at least 10% of its locally generated, unrestricted funding for community investment programs, which could include overdose prevention programs.\u003c/p>\n\u003cp>“We’re also hoping that these pilot projects serve as a catalyst and identify some private-public partnerships,” Zanipatin said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/addiction/2022/08/supervised-injection-sites/\">This story first appeared in CalMatters.\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "'Pharmacists Were Pressured to Fill Fill Fill': Judge Rules Walgreens Culpable in San Francisco Opioid Crisis",
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"headTitle": "‘Pharmacists Were Pressured to Fill Fill Fill’: Judge Rules Walgreens Culpable in San Francisco Opioid Crisis | KQED",
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"content": "\u003cp>A federal judge ruled Wednesday that Walgreens can be held responsible for contributing to San Francisco’s opioid crisis for over-dispensing highly addictive drugs for years without proper oversight and failing to identify and report suspicious orders as required by law.\u003c/p>\n\u003cp>San Francisco City Attorney David Chiu said the pharmacy chain “continually violated what they were required to do under the federal Controlled Substances Act,” failing to track opioid prescriptions, preventing pharmacists from vetting prescriptions and not seeing “the many red flags of physicians and others who were dramatically over-prescribing.”\u003c/p>\n\u003cp>“Pharmacists were pressured to fill, fill, fill,” he said, “and as a result, Walgreens filled our streets with opioids.”\u003c/p>\n\u003cp>U.S. District Judge Charles Breyer wrote in his decision that from 2006 to 2020, “Walgreens pharmacies in San Francisco dispensed hundreds of thousands of red flag opioid prescriptions without performing adequate due diligence. Tens of thousands of these prescriptions were written by doctors with suspect prescribing patterns. The evidence showed that Walgreens did not provide its pharmacists with sufficient time, staffing, or resources to perform due diligence on these prescriptions.”\u003c/p>\n\u003cp>He said the large volume of illegitimate opioid prescriptions contributed to the city’s hospitals being overwhelmed with opioid patients, libraries being forced to close because of syringe-clogged toilets, and syringes littering children’s playgrounds in San Francisco.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A Walgreens spokesman said the chain is disappointed in the outcome, which he said is not supported by the facts and the law.\u003c/p>\n\u003cp>“As we have said throughout this process, we never manufactured or marketed opioids, nor did we distribute them to the ‘pill mills’ and internet pharmacies that fueled this crisis,” spokesman Fraser Engerman said in a statement. “The plaintiff’s attempt to resolve the opioid crisis with an unprecedented expansion of public nuisance law is misguided and unsustainable. We look forward to the opportunity to address these issues on appeal.”\u003c/p>\n\u003cp>San Francisco in 2018 sued Walgreens, drug manufacturers and distributors over the city’s worsening opioid epidemic, saying they created a “public nuisance” by flooding the city with prescription opioids. All the other defendants previously settled with the city for a total of $114 million, including $54 million that opioid makers Allergan and Teva agreed to pay on the eve of closing arguments in the trial, leaving Walgreens as the sole defendant.\u003c/p>\n\u003cp>Wednesday’s ruling did not include a ruling on monetary damages, which will be determined in a future trial.[pullquote align=\"left\" size=\"medium\" citation=\"U.S. District Judge Charles Breyer\"]‘The evidence showed that Walgreens did not provide its pharmacists with sufficient time, staffing, or resources to perform due diligence on these prescriptions.’[/pullquote]The opioid epidemic has been linked to more than 500,000 deaths in the U.S. over the past two decades, counting those from prescription painkillers such as OxyContin and generic oxycodone as well as illicit drugs such as heroin and illegally produced fentanyl.\u003c/p>\n\u003cp>The surge in deaths has led to more than 3,000 lawsuits filed by state and local governments, Native American tribes, unions, hospitals and other entities in state and federal courts over the toll of opioids. In San Francisco, \u003ca href=\"https://www.kqed.org/news/11899726/sf-mayor-breed-declares-state-of-emergency-in-tenderloin\">Mayor London Breed declared a state of emergency\u003c/a> last year in the Tenderloin neighborhood, saying something had to be done about the high concentration of drug dealers and people consuming drugs in public.\u003c/p>\n\u003cp>The city attorney’s office says San Francisco saw a nearly 500% increase in opioid-related overdose deaths between 2015 and 2020 and that on a typical day, roughly a quarter of visits at the Zuckerberg San Francisco General Hospital Emergency Department are opioid-related.\u003c/p>\n\u003cp>In 2020, 712 people died of drug overdoses, compared with 257 people who died of COVID-19, according to the city health department.\u003c/p>\n\u003cp>A high percentage of an estimated 7,800 homeless people in San Francisco — many of whom pitch tents in the Tenderloin — are struggling with chronic addiction or severe mental illness, often both. Some people rant in the streets, nude and in need of medical help.\u003c/p>\n\u003cp>Pharmacy chains have been sued less often than opioid makers or wholesalers that distribute pharmaceuticals more broadly. In one groundbreaking case, a federal jury in Ohio last year found CVS, Walgreens and Walmart recklessly distributed massive amounts of pain pills in two Ohio counties.\u003c/p>\n\u003cp>In May, \u003ca href=\"https://apnews.com/article/business-health-lawsuits-florida-opioids-471c5559a4d9c4c9fc4b6d99ff6a792c\">Walgreens reached a $683 million settlement with the state of Florida\u003c/a> in a lawsuit accusing the company of improperly dispensing millions of painkillers that contributed to the opioid crisis. Walgreens did not admit wrongdoing in its agreement with Florida and will make payments to the state over 18 years.\u003c/p>\n\u003cp>The company also faces litigation in Alabama, Michigan and New Mexico, among other states.\u003c/p>\n\u003cp>Deerfield, Illinois-based Walgreens Boots Alliance Inc. runs a network of around 9,000 drugstores in the United States. Walgreens and other prescription drug distributors have faced a slew of lawsuits over the opioid crisis.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/health-san-francisco-opioids-government-and-politics-cd45b148820f18df5ced3d2f7381d494\">This article was first published in the Associated Press, with contributions from Associated Press writer Tom Murphy in Indianapolis.\u003c/a>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge ruled Wednesday that Walgreens can be held responsible for contributing to San Francisco’s opioid crisis for over-dispensing highly addictive drugs for years without proper oversight and failing to identify and report suspicious orders as required by law.\u003c/p>\n\u003cp>San Francisco City Attorney David Chiu said the pharmacy chain “continually violated what they were required to do under the federal Controlled Substances Act,” failing to track opioid prescriptions, preventing pharmacists from vetting prescriptions and not seeing “the many red flags of physicians and others who were dramatically over-prescribing.”\u003c/p>\n\u003cp>“Pharmacists were pressured to fill, fill, fill,” he said, “and as a result, Walgreens filled our streets with opioids.”\u003c/p>\n\u003cp>U.S. District Judge Charles Breyer wrote in his decision that from 2006 to 2020, “Walgreens pharmacies in San Francisco dispensed hundreds of thousands of red flag opioid prescriptions without performing adequate due diligence. Tens of thousands of these prescriptions were written by doctors with suspect prescribing patterns. The evidence showed that Walgreens did not provide its pharmacists with sufficient time, staffing, or resources to perform due diligence on these prescriptions.”\u003c/p>\n\u003cp>He said the large volume of illegitimate opioid prescriptions contributed to the city’s hospitals being overwhelmed with opioid patients, libraries being forced to close because of syringe-clogged toilets, and syringes littering children’s playgrounds in San Francisco.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A Walgreens spokesman said the chain is disappointed in the outcome, which he said is not supported by the facts and the law.\u003c/p>\n\u003cp>“As we have said throughout this process, we never manufactured or marketed opioids, nor did we distribute them to the ‘pill mills’ and internet pharmacies that fueled this crisis,” spokesman Fraser Engerman said in a statement. “The plaintiff’s attempt to resolve the opioid crisis with an unprecedented expansion of public nuisance law is misguided and unsustainable. We look forward to the opportunity to address these issues on appeal.”\u003c/p>\n\u003cp>San Francisco in 2018 sued Walgreens, drug manufacturers and distributors over the city’s worsening opioid epidemic, saying they created a “public nuisance” by flooding the city with prescription opioids. All the other defendants previously settled with the city for a total of $114 million, including $54 million that opioid makers Allergan and Teva agreed to pay on the eve of closing arguments in the trial, leaving Walgreens as the sole defendant.\u003c/p>\n\u003cp>Wednesday’s ruling did not include a ruling on monetary damages, which will be determined in a future trial.\u003c/p>\u003c/div>",
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"content": "‘The evidence showed that Walgreens did not provide its pharmacists with sufficient time, staffing, or resources to perform due diligence on these prescriptions.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The opioid epidemic has been linked to more than 500,000 deaths in the U.S. over the past two decades, counting those from prescription painkillers such as OxyContin and generic oxycodone as well as illicit drugs such as heroin and illegally produced fentanyl.\u003c/p>\n\u003cp>The surge in deaths has led to more than 3,000 lawsuits filed by state and local governments, Native American tribes, unions, hospitals and other entities in state and federal courts over the toll of opioids. In San Francisco, \u003ca href=\"https://www.kqed.org/news/11899726/sf-mayor-breed-declares-state-of-emergency-in-tenderloin\">Mayor London Breed declared a state of emergency\u003c/a> last year in the Tenderloin neighborhood, saying something had to be done about the high concentration of drug dealers and people consuming drugs in public.\u003c/p>\n\u003cp>The city attorney’s office says San Francisco saw a nearly 500% increase in opioid-related overdose deaths between 2015 and 2020 and that on a typical day, roughly a quarter of visits at the Zuckerberg San Francisco General Hospital Emergency Department are opioid-related.\u003c/p>\n\u003cp>In 2020, 712 people died of drug overdoses, compared with 257 people who died of COVID-19, according to the city health department.\u003c/p>\n\u003cp>A high percentage of an estimated 7,800 homeless people in San Francisco — many of whom pitch tents in the Tenderloin — are struggling with chronic addiction or severe mental illness, often both. Some people rant in the streets, nude and in need of medical help.\u003c/p>\n\u003cp>Pharmacy chains have been sued less often than opioid makers or wholesalers that distribute pharmaceuticals more broadly. In one groundbreaking case, a federal jury in Ohio last year found CVS, Walgreens and Walmart recklessly distributed massive amounts of pain pills in two Ohio counties.\u003c/p>\n\u003cp>In May, \u003ca href=\"https://apnews.com/article/business-health-lawsuits-florida-opioids-471c5559a4d9c4c9fc4b6d99ff6a792c\">Walgreens reached a $683 million settlement with the state of Florida\u003c/a> in a lawsuit accusing the company of improperly dispensing millions of painkillers that contributed to the opioid crisis. Walgreens did not admit wrongdoing in its agreement with Florida and will make payments to the state over 18 years.\u003c/p>\n\u003cp>The company also faces litigation in Alabama, Michigan and New Mexico, among other states.\u003c/p>\n\u003cp>Deerfield, Illinois-based Walgreens Boots Alliance Inc. runs a network of around 9,000 drugstores in the United States. Walgreens and other prescription drug distributors have faced a slew of lawsuits over the opioid crisis.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/health-san-francisco-opioids-government-and-politics-cd45b148820f18df5ced3d2f7381d494\">This article was first published in the Associated Press, with contributions from Associated Press writer Tom Murphy in Indianapolis.\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "taking-an-eviction-case-to-court-is-risky-but-this-mom-decided-to-try-it",
"title": "Taking an Eviction Case to Court Is Risky. But This Mom Decided to Try It",
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"headTitle": "Taking an Eviction Case to Court Is Risky. But This Mom Decided to Try It | KQED",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">The defendant, a dark-haired woman named Dahbia Benakli, watched nervously as the prosecutor took the stand one final time.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The prosecutor, Steven Pinza, was defiant as he gave his closing statement. “If you don’t believe me,” he said to the jury, “one last thing. If you guys don’t believe me, let’s extend this trial.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The judge interrupted: “Mr. Pinza, your time is up. And no, we’re not extending the trial. The trial is going to be over.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was a scene straight out of any courtroom, except for one thing: This case was about an eviction lawsuit, a kind of proceeding that almost never goes before a jury in California. Benakli was a tenant, waiting to find out whether the court was going to evict her. Pinza was Benakli’s landlord, a local real estate investor and president of the Pinza Group, representing himself in an eviction lawsuit against her.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli’s case, unique as it was, also reveals what many tenants may be facing outside the public eye. More than two years after the beginning of the pandemic, evictions are on the rise. Many of the far-reaching emergency housing protections passed in 2020 have since expired, \u003c/span>\u003ca href=\"https://www.kqed.org/forum/2010101889929/as-pandemic-renter-protections-expire-wave-of-evictions-could-follow\">\u003cspan style=\"font-weight: 400\">leaving millions of renters facing eviction\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As new rules for California tenants and landlords vanish and the old rules return, Benakli’s case — and its aftermath — show the challenges renters face in charting their way through this moment of uncertainty and change.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920845\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066457-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920845\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066457-800x533.jpg\" alt=\"A young girl in a lavender cotton shift with short sleeves stands at the end of a bed, leaning over and resting her torso on top of a folded pink blanket. Her brown hair is pulled back into a bun, with a fuzzy white band around it, and a pink clip on the side of her head. Light filters through a wide window covered with translucent white curtains that are patterned with rows of pink and grey roses and swirls. The quilt on her bed is white with pale flowers in pink and lavender. Two throw pillows in the same fabric are tossed against two white bed pillows at the head of the bed. The walls of the room are white. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Leah rests in the bedroom she shared with her mother and sister at their Walnut Creek apartment in November 2021. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003cstrong>Part 1: The notice\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was May 2021 when Steven Pinza bought the wide, gray apartment building where Dahbia Benakli had lived for 11 years.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli, a single mother and preschool teacher in Walnut Creek, didn’t think anything of the change in ownership at first. She said she had always had a good relationship with the previous management and wasn’t expecting anything different. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At the time, she also had other priorities. Benakli was a single mom taking care of her two young daughters — Leah, 7, and Elina, 2 — by herself, juggling \u003c/span>\u003ca href=\"https://www.kqed.org/news/11898058/is-he-going-to-kick-us-to-the-street-a-walnut-creek-mom-fights-to-keep-her-apartment-amid-alleged-landlord-harassment\">\u003cspan style=\"font-weight: 400\">a frantic job search and gig work during the pandemic, in a year-long scramble to pay her bills\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Then, later that month, the eviction notices began to arrive. Pinza told 11 of the building’s 18 tenants they needed to move out. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If I was someone that’s not paying rent or just pay part, and he gets tired of that situation, I would understand,” Benakli told me. “But I’m someone that pays the full rent. I do nothing illegal.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli is one of a growing number of California residents facing eviction as millions of people across the state wrestle with the return of pre-pandemic housing laws.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size='small' citation='Dahbia Banakli']‘I want to move. I want to have two bedrooms. I want to have a backyard for my kids. I do want to have all that — but I cannot afford it right now.’[/pullquote]Between July 1, 2020, and June 30, 2021, \u003c/span>\u003ca href=\"https://www.courts.ca.gov/documents/2022-Court-Statistics-Report.pdf\">\u003cspan style=\"font-weight: 400\">landlords filed nearly 4,000 eviction lawsuits across the Bay Area\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> — more than 700 of them in Contra Costa County, where Benakli lives.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And the number of eviction lockouts in the Bay Area — that’s when sheriff’s deputies physically remove people who were evicted in court from their homes — rose from 184 in March-December 2020, to 349 during the same months of 2021, according to \u003c/span>\u003ca href=\"https://www.sfchronicle.com/bayarea/article/COVID-eviction-battles-have-moved-to-the-Bay-Area-16845195.php\">\u003cspan style=\"font-weight: 400\">an analysis by The San Francisco Chronicle\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the case of Benakli and her neighbors, Pinza was ordering them to move out because he claimed the building needed major renovations.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“While we wish these repairs were not necessary or could be done without you moving out, it is not possible,” he wrote in a letter to the tenants.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He gave tenants the option to relocate for two months at their own expense “while renovations are made,” then pay an additional $600 per month when they returned — a proposition Benakli could not afford.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920822\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920822\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-800x515.jpg\" alt=\"\" width=\"800\" height=\"515\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-800x515.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-1020x657.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-160x103.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-1536x989.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-2048x1318.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-1920x1236.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Benakli hands her daughter Leah a cup of juice at their Walnut Creek apartment in November 2021. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">She had lived in her one-bedroom apartment for 11 years, and her monthly rent was still only $1,000 — \u003c/span>\u003ca href=\"https://www.zillow.com/rental-manager/market-trends/walnut-creek-ca/?propertyTypes=apartment-condo&bedrooms=1\">\u003cspan style=\"font-weight: 400\">less than half the market rate in Walnut Creek\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I want to move,” Benakli said. “I want to have two bedrooms. I want to have a backyard for my kids. I do want to have all that — but I cannot afford it right now.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Upon receiving the letters, most of the tenants moved out. But Benakli, DeCher Young and John Taylor decided to stay and wait for the landlord to file an eviction lawsuit.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I do understand he got this building and he wants to raise up the price,” Benakli said. “I do understand that he’s the new owner. I do understand he doesn’t know us. But he does not have the right to treat us less than a regular person.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Steven Pinza declined to speak on the record for this story.\u003c/span>\u003c/p>\n\u003ch2>\u003cstrong>Part 2: The lawsuit\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and her neighbors thought they stood a chance of fighting Steven Pinza’s lawsuit in court, and in an unusual request, they wanted a jury to decide the case.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Experts say eviction cases almost never go to a jury trial. In roughly the first year of the pandemic, \u003c/span>\u003ca href=\"https://www.courts.ca.gov/documents/2022-Court-Statistics-Report.pdf\">\u003cspan style=\"font-weight: 400\">3,000 eviction cases went to trial and only 16 of them were decided by a jury\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cfigure id=\"attachment_11920832\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920832\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-800x497.jpg\" alt=\"A man with rosy skin and silve-and-grey hair stands in a window looking out at the green leaves of a tree. Sunlight dapples his blue shirt. He wears slate green khaki pants and holds a grey zipped computer case under one arm. The window frames are dark wood.\" width=\"800\" height=\"497\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-800x497.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-1020x634.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-160x99.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-1536x955.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-2048x1273.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-1920x1194.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Housing attorney David Levin poses for a portrait in Berkeley on April 1, 2022. ‘We’re just seeing, now, some of the first cases that define the contours of law,’ he said. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">But representing Benakli and her neighbors was David Levin, a Bay Area-based housing attorney, who saw cracks in the foundation of Pinza’s legal reasoning — specifically, two of them. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to court filings, Pinza had initially sent eviction notices to tenants who were mostly Black, Algerian or other people of color. Of the eight tenants who had decided to move out voluntarily, seven had been replaced by white renters. Levin planned to make the case that the evictions were racially motivated.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">His second argument was that the repairs Pinza planned would not “substantially remodel” the building.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The \u003c/span>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB1482\">\u003cspan style=\"font-weight: 400\">Tenant Protection Act of 2019\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> gives landlords the right to remove their renters for a major remodel if the repairs are extensive enough that the renter has to move out for their own safety — for at least 30 days.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But what “substantially remodel” means is murky, according to multiple attorneys who specialize in housing cases, because the Tenant Protection Act has not been tested in court.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And to Levin, its vague language presented a potential foothold to challenge Pinza’s eviction lawsuit. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s hard to overstate how much was at stake for Benakli, Young and Taylor. If they lost, their eviction would be public in a court record, visible to any future landlord. Some tenants’ advocates call this the “scarlet E.” Families who are evicted also tend to lose their jobs or have to switch their children’s schools, and they report \u003c/span>\u003ca href=\"https://www.sciencedirect.com/science/article/abs/pii/S0277953617300102?via%3Dihub\">\u003cspan style=\"font-weight: 400\">higher rates of anxiety and depression\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920899\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920899\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-800x821.jpg\" alt=\"A woman with brown skin and dark brown hair leans down to clasp her daughter, age 7, to her chest with a smile. Her left arm encircles the child's head and her right arm encircles the child's back. The woman wears a white dress with an elaborate, brightly colored collar about the neck, coming down to end in a ruffle over her shoulders. The colors are red, orange, green, and yellow. The child is wearing a white shirt, and has her brown hair pulled into a bun. Her eyes closed, she wraps her arms around her mother.\" width=\"800\" height=\"821\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-800x821.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-1020x1047.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-160x164.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-1497x1536.jpg 1497w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698.jpg 1708w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Benakli and Leah embrace at their former apartment in Walnut Creek in November 2021. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Somehow, though, Benakli wasn’t nervous. She had faith that the courts would hear their concerns and would find in their favor.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He wants to take it to the court?” she said. “That’s my dream. I want to go to the court with him. Because I know the truth will always win in the end.”\u003c/span>\u003c/p>\n\u003ch2>\u003cstrong>Part 3: The trial\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">The trial began at the end of February in the Superior Court for Contra Costa County, a tall, gray, downtown building in the sleepy Bay Area suburb of Martinez.\u003c/span>\u003c/p>\n\u003cp>Before he could use a particular argument in front of the jury, Levin had to convince Judge Danielle Douglas of it: that Pinza had shown a pattern of discrimination by evicting mostly tenants of color and bringing in white renters to replace them. But Douglas tossed it out, saying Levin couldn’t prove Pinza \u003ci data-stringify-type=\"italic\">intended \u003c/i>to discriminate.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As the jurors arrived the next day, Benakli, in a black shirt with pink flowers, sat with her neighbors in the front row of the courtroom. Levin, in a dark suit, sat between them and the judge like a shield, with a rolling bin full of legal papers on the floor next to him. To his left, at the prosecutor’s table, sat Pinza in a crisp suit of light gray. \u003c/span>\u003c/p>\n\u003cp>Pinza, who had elected to represent himself, argued that his plans to renovate the apartments \u003cspan style=\"font-weight: 400\">—\u003c/span> which included adjustments to the plumbing and electrical systems and installing new stoves, dishwashers and ceiling fans \u003cspan style=\"font-weight: 400\">—\u003c/span> were extensive. He said his expert witnesses would demonstrate that the scale of these renovations did justify evicting Benakli and her neighbors.\u003c/p>\n\u003cp>[pullquote size='small' citation='Judge Danielle Douglas, Contra Costa County Superior Court']‘Mr. Pinza. Mr. Pinza. Let the witness answer the question.’[/pullquote]Levin said his expert witnesses would show that Pinza’s plans for the apartments were minor and would not have required the tenants to move out. There was an ulterior motive at work, he argued: Kicking out Benakli and her neighbors would allow Pinza to raise the rent for their units substantially.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Pinza interrupted the witnesses frequently, prompting Judge Douglas to step in and reprimand him for breaking courtroom rules.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s just the bathroom,” Benakli said, in answer to a question from Pinza. “The floor is popping out a little bit.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Pinza interrupted: “Oh, so there is damage to the bathroom. OK, so maybe your floors do need to be repaired. Good enough.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Mr. Pinza,” Judge Douglas said sharply. “Mr. Pinza. Let the witness answer the question.”\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On the way back to my car at the end of the third day, I ran into Benakli and one of the other tenants, DeCher Young. They were leaning over the railing on the top floor of the parking lot. Dahbia was smoking a cigarette — she said she’d just started smoking again. They didn’t seem worried. Not that they were confident, simply resigned to whatever was going to happen.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The next afternoon, Pinza gave a defiant closing statement, reiterating that his expert witness had done “thousands of remodels.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“So who do you believe?” Pinza asked the jury. “[Levin’s] guy? Who’s never been a contractor? He’s done as much construction work as I have, and that’s not a lot.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Levin spoke next, using his time to focus on the key question. “This whole case comes down to the time that a substantial remodel will take,” he said. “So now it’s your job to figure out where this line is in this case, based on the law and the facts.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After two hours of jury deliberation, Judge Douglas called everyone back into the courtroom. The clerk read the verdict: 11 to 1, in Pinza’s favor.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and her neighbors had lost. They were going to be evicted.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920855\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031817-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920855\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031817-800x533.jpg\" alt=\"The image is from the back seat of the car, looking through the windshield at a blurred foreground of an apartment building on the right and the brake lights of the car in front of them, the red reflection casting pink light inside the car and on the auburn hair of the driver. The driver wears a white shirt with small dark polka dots and a ruffle at the shoulder over the long sleeves. The woman in the passenger seat has short dark hair and her arm, in a black sweater, rests on the back of the driver. A scented pine tree hangs from the rear view mirror. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">DeCher Young rests her hand on Benakli’s shoulder as they drive home from the trial through Walnut Creek on March 3, 2022. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003cstrong>Part 4: The way home\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">That evening, Benakli and Young drove back to Walnut Creek together to pick up Benakli’s daughter from school. They let me ride with them in the back seat.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and Young were shaken. As they drove, they talked about how the trial had gone and what losing meant — court fees and having the eviction on their record.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I don’t think I’m going to go to sleep tonight, looking for an apartment,” Benakli said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“When, when I get home, I’m going to start looking for places,” Young said. “After I finish looking, then I’m gonna start dashing for a little bit to get my extra money on the side,” she added, referring to her side job driving for DoorDash.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I can’t dash tonight,” Benakli said. “There’s just no way.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As Benakli drove through downtown Walnut Creek, they stopped at a red light and Young looked out the window.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I’mma miss living over here, I really am,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That’s so true, girl,” Benakli said. “So true.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920904\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202205221790-1-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920904\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202205221790-1-800x533.jpg\" alt=\"A view from high in the forested hills over the Bay Area. In the foreground are rolling hills covered with oak and pine, with a few mansions visible in nooks and crannies of the canyons. In the middle of the photo is a wide urban spread o, with the bay in the distance on the right of the image, and the Bay Bridge a faint line across. Above the urban landscape are bluish hills in the distance and a line of orange and yellow light on the horizon as the sun rises into a pale blue sky.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The East Bay, from an overlook along Grizzly Peak Boulevard in Berkeley. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>What happened in this case, housing experts say, is part of a pattern of gentrification and displacement in the Bay Area that stretches back to long before the pandemic.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and Young both used to live in cities like Berkeley and Oakland and San Francisco, which have stronger protections for renters. Eventually, though, like many of those in lower- and middle-income households — disproportionately Black and brown — they saw their rent and other costs rise too high and left for Walnut Creek, where rent was lower, but there were also fewer protections.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s a general story about inequality in America,” said Tim Thomas, research director at the \u003ca class=\"c-link\" href=\"https://www.urbandisplacement.org/team/tim-thomas-ph-d/\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://www.urbandisplacement.org/team/tim-thomas-ph-d/\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">Urban Displacement Project\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Some parts of California are working to clarify how substantial remodel evictions work, by requiring landlords to help pay relocation costs, for example. State lawmakers are considering a bill requiring landlords to get local government permits before they can issue substantial remodel eviction notices. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Back in Walnut Creek, Benakli and Young arrived at the school of Benakli’s daughter, Leah. Young waited in the car while Benakli went inside. Minutes later, Leah clambered into the back seat.\u003c/span>\u003c/p>\n\u003cp>“I lost a tooth today in school, and I got this from the office,” she said to me, holding up a small, plastic, tooth-shaped container.\u003c/p>\n\u003cfigure id=\"attachment_11920884\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920884\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-800x482.jpg\" alt=\"A young girl's hands in the center of the photo hold a white plastic box shaped like a molar. Only her hands and the tooth box are in focus. Her purple jacket and pink and purple pants are blurred, and the car door on the other side of her is dark with white reflections\" width=\"800\" height=\"482\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-800x482.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-1020x614.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-160x96.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-1536x925.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-2048x1234.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-1920x1157.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Leah shows me her tooth box as Benakli and Young drive home from the trial on March 3, 2022. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Benakli and Young drove home, talking about going up to Concord to look at apartments later that week. As they spoke, Leah told me about the money she was going to get from the tooth fairy and her plans to buy her sister, Elina, a present.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I think I will get her a puppy,” she said. “A toy puppy set.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was a moment of extreme contrast: a kid being a kid in the back seat, while adult conversations went on in the background. It was also a reminder of who this could fall on the most — and who, years from now, might look back on this as a moment that changed everything.\u003c/span>\u003c/p>\n\u003ch2>\u003cstrong>Epilogue\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the months since their case ended in mid-March, Benakli, Young and their third neighbor, John Taylor, have all moved out.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was maybe one of the darkest moments in my life,” Benakli said of the days after the case ended, in a recent interview.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A few days after the case ended, she received an email from her attorney, who said Pinza was asking for back rent and court fees — several thousand dollars.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli panicked. She packed what she could, grabbed her two daughters, and left for a motel in Walnut Creek. She tried to disguise the move for the kids, offering them Starbucks for breakfast as a special treat, but she knew they could tell something was wrong.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was asking myself questions,” she said. “Am I a good mom? Am I a good person? What did I do wrong?”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">They were at the motel for three days. Benakli spent the entire time trying to figure out what to do next.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Eventually she got in touch with a friend of a friend who had already applied for a lease and needed a roommate, meaning Benakli didn’t have to worry about the eviction on her record.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She was nervous about the thought of moving her family in with some strange man she didn’t know. But she didn’t have much of a choice.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Two weeks after Benakli had left her apartment in the dead of night, she and her daughters moved into their new unit, and slowly, a bit of their stress faded.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s just like we’re right back home,” Benakli said. And on top of that, their new roommate was kind and caring.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She knows the repercussions of the case — the “scarlet E” on her record and the money Pinza was asking for — are going to follow her for a long time, although her attorney says the real amount she will have to pay is still uncertain.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli has lost a lot of faith in the court and other government institutions. As all of this was happening, she says, she would receive calls from canvassers trying to get her to register to vote.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I don’t want to vote,” Benakli said. “There’s no laws protecting me. Nothing is protecting me.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In Benakli’s eyes, the only people who were really able to help her were her friends and her family. At the end of the day, she said, that’s all some of us really have.\u003c/span>\u003c/p>\n\u003cp>\u003ci data-stringify-type=\"italic\">\u003ca href=\"https://mobile.twitter.com/koritsuzuki\">Kori Suzuki \u003c/a>produced this story for a class at the UC Berkeley Graduate School of Journalism.\u003c/i>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"title": "Taking an Eviction Case to Court Is Risky. But This Mom Decided to Try It | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">The defendant, a dark-haired woman named Dahbia Benakli, watched nervously as the prosecutor took the stand one final time.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The prosecutor, Steven Pinza, was defiant as he gave his closing statement. “If you don’t believe me,” he said to the jury, “one last thing. If you guys don’t believe me, let’s extend this trial.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The judge interrupted: “Mr. Pinza, your time is up. And no, we’re not extending the trial. The trial is going to be over.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was a scene straight out of any courtroom, except for one thing: This case was about an eviction lawsuit, a kind of proceeding that almost never goes before a jury in California. Benakli was a tenant, waiting to find out whether the court was going to evict her. Pinza was Benakli’s landlord, a local real estate investor and president of the Pinza Group, representing himself in an eviction lawsuit against her.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli’s case, unique as it was, also reveals what many tenants may be facing outside the public eye. More than two years after the beginning of the pandemic, evictions are on the rise. Many of the far-reaching emergency housing protections passed in 2020 have since expired, \u003c/span>\u003ca href=\"https://www.kqed.org/forum/2010101889929/as-pandemic-renter-protections-expire-wave-of-evictions-could-follow\">\u003cspan style=\"font-weight: 400\">leaving millions of renters facing eviction\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As new rules for California tenants and landlords vanish and the old rules return, Benakli’s case — and its aftermath — show the challenges renters face in charting their way through this moment of uncertainty and change.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920845\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066457-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920845\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066457-800x533.jpg\" alt=\"A young girl in a lavender cotton shift with short sleeves stands at the end of a bed, leaning over and resting her torso on top of a folded pink blanket. Her brown hair is pulled back into a bun, with a fuzzy white band around it, and a pink clip on the side of her head. Light filters through a wide window covered with translucent white curtains that are patterned with rows of pink and grey roses and swirls. The quilt on her bed is white with pale flowers in pink and lavender. Two throw pillows in the same fabric are tossed against two white bed pillows at the head of the bed. The walls of the room are white. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066457-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Leah rests in the bedroom she shared with her mother and sister at their Walnut Creek apartment in November 2021. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003cstrong>Part 1: The notice\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was May 2021 when Steven Pinza bought the wide, gray apartment building where Dahbia Benakli had lived for 11 years.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli, a single mother and preschool teacher in Walnut Creek, didn’t think anything of the change in ownership at first. She said she had always had a good relationship with the previous management and wasn’t expecting anything different. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At the time, she also had other priorities. Benakli was a single mom taking care of her two young daughters — Leah, 7, and Elina, 2 — by herself, juggling \u003c/span>\u003ca href=\"https://www.kqed.org/news/11898058/is-he-going-to-kick-us-to-the-street-a-walnut-creek-mom-fights-to-keep-her-apartment-amid-alleged-landlord-harassment\">\u003cspan style=\"font-weight: 400\">a frantic job search and gig work during the pandemic, in a year-long scramble to pay her bills\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Then, later that month, the eviction notices began to arrive. Pinza told 11 of the building’s 18 tenants they needed to move out. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If I was someone that’s not paying rent or just pay part, and he gets tired of that situation, I would understand,” Benakli told me. “But I’m someone that pays the full rent. I do nothing illegal.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli is one of a growing number of California residents facing eviction as millions of people across the state wrestle with the return of pre-pandemic housing laws.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"content": "‘I want to move. I want to have two bedrooms. I want to have a backyard for my kids. I do want to have all that — but I cannot afford it right now.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Between July 1, 2020, and June 30, 2021, \u003c/span>\u003ca href=\"https://www.courts.ca.gov/documents/2022-Court-Statistics-Report.pdf\">\u003cspan style=\"font-weight: 400\">landlords filed nearly 4,000 eviction lawsuits across the Bay Area\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> — more than 700 of them in Contra Costa County, where Benakli lives.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And the number of eviction lockouts in the Bay Area — that’s when sheriff’s deputies physically remove people who were evicted in court from their homes — rose from 184 in March-December 2020, to 349 during the same months of 2021, according to \u003c/span>\u003ca href=\"https://www.sfchronicle.com/bayarea/article/COVID-eviction-battles-have-moved-to-the-Bay-Area-16845195.php\">\u003cspan style=\"font-weight: 400\">an analysis by The San Francisco Chronicle\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the case of Benakli and her neighbors, Pinza was ordering them to move out because he claimed the building needed major renovations.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“While we wish these repairs were not necessary or could be done without you moving out, it is not possible,” he wrote in a letter to the tenants.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He gave tenants the option to relocate for two months at their own expense “while renovations are made,” then pay an additional $600 per month when they returned — a proposition Benakli could not afford.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920822\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920822\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-800x515.jpg\" alt=\"\" width=\"800\" height=\"515\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-800x515.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-1020x657.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-160x103.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-1536x989.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-2048x1318.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066646-scaled-e1659123208651-1920x1236.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Benakli hands her daughter Leah a cup of juice at their Walnut Creek apartment in November 2021. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">She had lived in her one-bedroom apartment for 11 years, and her monthly rent was still only $1,000 — \u003c/span>\u003ca href=\"https://www.zillow.com/rental-manager/market-trends/walnut-creek-ca/?propertyTypes=apartment-condo&bedrooms=1\">\u003cspan style=\"font-weight: 400\">less than half the market rate in Walnut Creek\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I want to move,” Benakli said. “I want to have two bedrooms. I want to have a backyard for my kids. I do want to have all that — but I cannot afford it right now.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Upon receiving the letters, most of the tenants moved out. But Benakli, DeCher Young and John Taylor decided to stay and wait for the landlord to file an eviction lawsuit.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I do understand he got this building and he wants to raise up the price,” Benakli said. “I do understand that he’s the new owner. I do understand he doesn’t know us. But he does not have the right to treat us less than a regular person.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Steven Pinza declined to speak on the record for this story.\u003c/span>\u003c/p>\n\u003ch2>\u003cstrong>Part 2: The lawsuit\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and her neighbors thought they stood a chance of fighting Steven Pinza’s lawsuit in court, and in an unusual request, they wanted a jury to decide the case.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Experts say eviction cases almost never go to a jury trial. In roughly the first year of the pandemic, \u003c/span>\u003ca href=\"https://www.courts.ca.gov/documents/2022-Court-Statistics-Report.pdf\">\u003cspan style=\"font-weight: 400\">3,000 eviction cases went to trial and only 16 of them were decided by a jury\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cfigure id=\"attachment_11920832\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920832\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-800x497.jpg\" alt=\"A man with rosy skin and silve-and-grey hair stands in a window looking out at the green leaves of a tree. Sunlight dapples his blue shirt. He wears slate green khaki pants and holds a grey zipped computer case under one arm. The window frames are dark wood.\" width=\"800\" height=\"497\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-800x497.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-1020x634.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-160x99.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-1536x955.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-2048x1273.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202204018493-scaled-e1659123268479-1920x1194.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Housing attorney David Levin poses for a portrait in Berkeley on April 1, 2022. ‘We’re just seeing, now, some of the first cases that define the contours of law,’ he said. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">But representing Benakli and her neighbors was David Levin, a Bay Area-based housing attorney, who saw cracks in the foundation of Pinza’s legal reasoning — specifically, two of them. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to court filings, Pinza had initially sent eviction notices to tenants who were mostly Black, Algerian or other people of color. Of the eight tenants who had decided to move out voluntarily, seven had been replaced by white renters. Levin planned to make the case that the evictions were racially motivated.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">His second argument was that the repairs Pinza planned would not “substantially remodel” the building.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The \u003c/span>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB1482\">\u003cspan style=\"font-weight: 400\">Tenant Protection Act of 2019\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> gives landlords the right to remove their renters for a major remodel if the repairs are extensive enough that the renter has to move out for their own safety — for at least 30 days.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But what “substantially remodel” means is murky, according to multiple attorneys who specialize in housing cases, because the Tenant Protection Act has not been tested in court.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">And to Levin, its vague language presented a potential foothold to challenge Pinza’s eviction lawsuit. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s hard to overstate how much was at stake for Benakli, Young and Taylor. If they lost, their eviction would be public in a court record, visible to any future landlord. Some tenants’ advocates call this the “scarlet E.” Families who are evicted also tend to lose their jobs or have to switch their children’s schools, and they report \u003c/span>\u003ca href=\"https://www.sciencedirect.com/science/article/abs/pii/S0277953617300102?via%3Dihub\">\u003cspan style=\"font-weight: 400\">higher rates of anxiety and depression\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920899\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920899\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-800x821.jpg\" alt=\"A woman with brown skin and dark brown hair leans down to clasp her daughter, age 7, to her chest with a smile. Her left arm encircles the child's head and her right arm encircles the child's back. The woman wears a white dress with an elaborate, brightly colored collar about the neck, coming down to end in a ruffle over her shoulders. The colors are red, orange, green, and yellow. The child is wearing a white shirt, and has her brown hair pulled into a bun. Her eyes closed, she wraps her arms around her mother.\" width=\"800\" height=\"821\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-800x821.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-1020x1047.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-160x164.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698-1497x1536.jpg 1497w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202111066717-scaled-e1659121725698.jpg 1708w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Benakli and Leah embrace at their former apartment in Walnut Creek in November 2021. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Somehow, though, Benakli wasn’t nervous. She had faith that the courts would hear their concerns and would find in their favor.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He wants to take it to the court?” she said. “That’s my dream. I want to go to the court with him. Because I know the truth will always win in the end.”\u003c/span>\u003c/p>\n\u003ch2>\u003cstrong>Part 3: The trial\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">The trial began at the end of February in the Superior Court for Contra Costa County, a tall, gray, downtown building in the sleepy Bay Area suburb of Martinez.\u003c/span>\u003c/p>\n\u003cp>Before he could use a particular argument in front of the jury, Levin had to convince Judge Danielle Douglas of it: that Pinza had shown a pattern of discrimination by evicting mostly tenants of color and bringing in white renters to replace them. But Douglas tossed it out, saying Levin couldn’t prove Pinza \u003ci data-stringify-type=\"italic\">intended \u003c/i>to discriminate.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As the jurors arrived the next day, Benakli, in a black shirt with pink flowers, sat with her neighbors in the front row of the courtroom. Levin, in a dark suit, sat between them and the judge like a shield, with a rolling bin full of legal papers on the floor next to him. To his left, at the prosecutor’s table, sat Pinza in a crisp suit of light gray. \u003c/span>\u003c/p>\n\u003cp>Pinza, who had elected to represent himself, argued that his plans to renovate the apartments \u003cspan style=\"font-weight: 400\">—\u003c/span> which included adjustments to the plumbing and electrical systems and installing new stoves, dishwashers and ceiling fans \u003cspan style=\"font-weight: 400\">—\u003c/span> were extensive. He said his expert witnesses would demonstrate that the scale of these renovations did justify evicting Benakli and her neighbors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘Mr. Pinza. Mr. Pinza. Let the witness answer the question.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Levin said his expert witnesses would show that Pinza’s plans for the apartments were minor and would not have required the tenants to move out. There was an ulterior motive at work, he argued: Kicking out Benakli and her neighbors would allow Pinza to raise the rent for their units substantially.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Pinza interrupted the witnesses frequently, prompting Judge Douglas to step in and reprimand him for breaking courtroom rules.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s just the bathroom,” Benakli said, in answer to a question from Pinza. “The floor is popping out a little bit.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Pinza interrupted: “Oh, so there is damage to the bathroom. OK, so maybe your floors do need to be repaired. Good enough.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Mr. Pinza,” Judge Douglas said sharply. “Mr. Pinza. Let the witness answer the question.”\u003c/span>\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-weight: 400\">On the way back to my car at the end of the third day, I ran into Benakli and one of the other tenants, DeCher Young. They were leaning over the railing on the top floor of the parking lot. Dahbia was smoking a cigarette — she said she’d just started smoking again. They didn’t seem worried. Not that they were confident, simply resigned to whatever was going to happen.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The next afternoon, Pinza gave a defiant closing statement, reiterating that his expert witness had done “thousands of remodels.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“So who do you believe?” Pinza asked the jury. “[Levin’s] guy? Who’s never been a contractor? He’s done as much construction work as I have, and that’s not a lot.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Levin spoke next, using his time to focus on the key question. “This whole case comes down to the time that a substantial remodel will take,” he said. “So now it’s your job to figure out where this line is in this case, based on the law and the facts.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After two hours of jury deliberation, Judge Douglas called everyone back into the courtroom. The clerk read the verdict: 11 to 1, in Pinza’s favor.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and her neighbors had lost. They were going to be evicted.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920855\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031817-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920855\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031817-800x533.jpg\" alt=\"The image is from the back seat of the car, looking through the windshield at a blurred foreground of an apartment building on the right and the brake lights of the car in front of them, the red reflection casting pink light inside the car and on the auburn hair of the driver. The driver wears a white shirt with small dark polka dots and a ruffle at the shoulder over the long sleeves. The woman in the passenger seat has short dark hair and her arm, in a black sweater, rests on the back of the driver. A scented pine tree hangs from the rear view mirror. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031817-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">DeCher Young rests her hand on Benakli’s shoulder as they drive home from the trial through Walnut Creek on March 3, 2022. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003cstrong>Part 4: The way home\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">That evening, Benakli and Young drove back to Walnut Creek together to pick up Benakli’s daughter from school. They let me ride with them in the back seat.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and Young were shaken. As they drove, they talked about how the trial had gone and what losing meant — court fees and having the eviction on their record.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I don’t think I’m going to go to sleep tonight, looking for an apartment,” Benakli said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“When, when I get home, I’m going to start looking for places,” Young said. “After I finish looking, then I’m gonna start dashing for a little bit to get my extra money on the side,” she added, referring to her side job driving for DoorDash.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I can’t dash tonight,” Benakli said. “There’s just no way.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As Benakli drove through downtown Walnut Creek, they stopped at a red light and Young looked out the window.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I’mma miss living over here, I really am,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That’s so true, girl,” Benakli said. “So true.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11920904\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202205221790-1-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920904\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202205221790-1-800x533.jpg\" alt=\"A view from high in the forested hills over the Bay Area. In the foreground are rolling hills covered with oak and pine, with a few mansions visible in nooks and crannies of the canyons. In the middle of the photo is a wide urban spread o, with the bay in the distance on the right of the image, and the Bay Bridge a faint line across. Above the urban landscape are bluish hills in the distance and a line of orange and yellow light on the horizon as the sun rises into a pale blue sky.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202205221790-1-1920x1280.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The East Bay, from an overlook along Grizzly Peak Boulevard in Berkeley. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>What happened in this case, housing experts say, is part of a pattern of gentrification and displacement in the Bay Area that stretches back to long before the pandemic.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli and Young both used to live in cities like Berkeley and Oakland and San Francisco, which have stronger protections for renters. Eventually, though, like many of those in lower- and middle-income households — disproportionately Black and brown — they saw their rent and other costs rise too high and left for Walnut Creek, where rent was lower, but there were also fewer protections.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s a general story about inequality in America,” said Tim Thomas, research director at the \u003ca class=\"c-link\" href=\"https://www.urbandisplacement.org/team/tim-thomas-ph-d/\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://www.urbandisplacement.org/team/tim-thomas-ph-d/\" data-sk=\"tooltip_parent\" data-remove-tab-index=\"true\">Urban Displacement Project\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Some parts of California are working to clarify how substantial remodel evictions work, by requiring landlords to help pay relocation costs, for example. State lawmakers are considering a bill requiring landlords to get local government permits before they can issue substantial remodel eviction notices. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Back in Walnut Creek, Benakli and Young arrived at the school of Benakli’s daughter, Leah. Young waited in the car while Benakli went inside. Minutes later, Leah clambered into the back seat.\u003c/span>\u003c/p>\n\u003cp>“I lost a tooth today in school, and I got this from the office,” she said to me, holding up a small, plastic, tooth-shaped container.\u003c/p>\n\u003cfigure id=\"attachment_11920884\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11920884\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-800x482.jpg\" alt=\"A young girl's hands in the center of the photo hold a white plastic box shaped like a molar. Only her hands and the tooth box are in focus. Her purple jacket and pink and purple pants are blurred, and the car door on the other side of her is dark with white reflections\" width=\"800\" height=\"482\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-800x482.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-1020x614.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-160x96.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-1536x925.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-2048x1234.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/07/ksuzuki202203031814-scaled-e1659122908973-1920x1157.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Leah shows me her tooth box as Benakli and Young drive home from the trial on March 3, 2022. \u003ccite>(Kori Suzuki/Special to KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Benakli and Young drove home, talking about going up to Concord to look at apartments later that week. As they spoke, Leah told me about the money she was going to get from the tooth fairy and her plans to buy her sister, Elina, a present.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I think I will get her a puppy,” she said. “A toy puppy set.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It was a moment of extreme contrast: a kid being a kid in the back seat, while adult conversations went on in the background. It was also a reminder of who this could fall on the most — and who, years from now, might look back on this as a moment that changed everything.\u003c/span>\u003c/p>\n\u003ch2>\u003cstrong>Epilogue\u003c/strong>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the months since their case ended in mid-March, Benakli, Young and their third neighbor, John Taylor, have all moved out.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was maybe one of the darkest moments in my life,” Benakli said of the days after the case ended, in a recent interview.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A few days after the case ended, she received an email from her attorney, who said Pinza was asking for back rent and court fees — several thousand dollars.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli panicked. She packed what she could, grabbed her two daughters, and left for a motel in Walnut Creek. She tried to disguise the move for the kids, offering them Starbucks for breakfast as a special treat, but she knew they could tell something was wrong.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was asking myself questions,” she said. “Am I a good mom? Am I a good person? What did I do wrong?”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">They were at the motel for three days. Benakli spent the entire time trying to figure out what to do next.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Eventually she got in touch with a friend of a friend who had already applied for a lease and needed a roommate, meaning Benakli didn’t have to worry about the eviction on her record.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She was nervous about the thought of moving her family in with some strange man she didn’t know. But she didn’t have much of a choice.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Two weeks after Benakli had left her apartment in the dead of night, she and her daughters moved into their new unit, and slowly, a bit of their stress faded.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s just like we’re right back home,” Benakli said. And on top of that, their new roommate was kind and caring.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She knows the repercussions of the case — the “scarlet E” on her record and the money Pinza was asking for — are going to follow her for a long time, although her attorney says the real amount she will have to pay is still uncertain.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Benakli has lost a lot of faith in the court and other government institutions. As all of this was happening, she says, she would receive calls from canvassers trying to get her to register to vote.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I don’t want to vote,” Benakli said. “There’s no laws protecting me. Nothing is protecting me.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In Benakli’s eyes, the only people who were really able to help her were her friends and her family. At the end of the day, she said, that’s all some of us really have.\u003c/span>\u003c/p>\n\u003cp>\u003ci data-stringify-type=\"italic\">\u003ca href=\"https://mobile.twitter.com/koritsuzuki\">Kori Suzuki \u003c/a>produced this story for a class at the UC Berkeley Graduate School of Journalism.\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"order": 9
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"id": "fresh-air",
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"airtime": "SUN 7:30pm-8pm",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"order": 15
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"order": 18
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"source": "American Public Media"
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
"id": "morning-edition",
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"order": 11
},
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"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"link": "/radio/program/on-the-media",
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},
"pbs-newshour": {
"id": "pbs-newshour",
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"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
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},
"perspectives": {
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"order": 14
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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},
"link": "/radio/program/planet-money",
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
},
"link": "/podcasts/politicalbreakdown",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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