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"content": "\u003cp>San Francisco is \u003ca href=\"https://transpomaps.org/san-francisco/ca/fatalities/analysis\">headed for its worst year\u003c/a> in terms of deaths and injuries from traffic violence since 2007, due largely to both inadequate and misdirected police enforcement, \u003ca href=\"https://transpomaps.org/san-francisco/ca/sfpd-traffic-enforcement/analysis\">according to recent data\u003c/a> presented at a hearing of the San Francisco Board of Supervisors. The data paints a grim picture of the city’s prospect of achieving its \u003ca href=\"https://www.visionzerosf.org/about/what-is-vision-zero/\">Vision Zero SF\u003c/a> goal of zero traffic deaths by 2024.\u003c/p>\n\u003cp>The data, which cross-referenced 64,200 traffic citations issued by the San Francisco Police Department over the last five years with over 400 California Vehicle Code violations, was painstakingly collected and analyzed by two San Francisco residents: data analyst, graphic designer and software engineer Stephen Braitsch and community organizer Luke Bornheimer.\u003c/p>\n\u003cp>“Since the city signed Vision Zero in 2014, we’ve lost 244 people on our streets to traffic violence … and over 26,000 people have been injured,” Bornheimer said at the September 6 hearing on traffic enforcement and street safety. He added that, on average, a person was injured every 3.2 hours and that a person was killed due to traffic violence approximately every 13 days.[pullquote size=\"medium\" align=\"right\" citation=\"Luke Bornheimer, community organizer\"]‘Infrastructure is the most effective way to stop people from getting killed and seriously injured on our streets.’[/pullquote]\u003c/p>\n\u003cp>Presenting year-over-year graphs for the last five years on their \u003ca href=\"https://transpomaps.org/maps\">Transpo Maps\u003c/a> website, Braitsch and Bornheimer showed that traffic enforcement citations in 2022 had fallen to eight times below the number of citations given prior to 2020, when the pandemic hit and “\u003ca href=\"https://transpomaps.org/san-francisco/ca/sfpd-traffic-enforcement/analysis\">SFPD traffic enforcement collapsed\u003c/a>.”\u003c/p>\n\u003cp>“Currently (the SFPD) is writing on average about 10 citations per day over the last 18 months,” said Bornheimer at the board hearing, referencing a \u003ca href=\"https://www.sfgate.com/politics-op-eds/article/sf-must-reduce-car-deaths-17367997.php\">front-page story in The San Francisco Chronicle\u003c/a> that he and Braitsch wrote. “(It was) 74 back in 2017.”\u003c/p>\n\u003cp>The most revealing part of the data wasn’t just the insufficient traffic enforcement, but more so the misdirected enforcement.\u003c/p>\n\u003cp>“Of those citations that are actually being written, approximately 43% are actually focusing on the five most dangerous violations that result in physical injury,” said Bornheimer, referring to the SFPD’s policy of Focus on the Five, or FOTF, referring to the \u003ca href=\"https://sfgov.org/scorecards/transportation/percentage-citations-top-five-causes-collisions\">five most common causes of collisions and injuries\u003c/a>. “There’s an established (SFPD) goal of 50%. We’re not even hitting that.”\u003cspan style=\"font-weight: 400\">[aside postID=\"news_11927758\" \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400\">label=\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\">\"Related Post\"]\u003c/span>And it’s not just about which violations are getting citations; it’s also about where those citations are being given. In 2017, as part of Vision Zero SF, the SFMTA identified that 13% of the city’s streets accounted for 75% of all severe and fatal traffic injuries, referring to this as the “high-injury network,” or HIN. The plan was that the SFPD would focus on FOTFs in the HIN to reach Vision Zero SF goals. But Braitsch and Bornheimer found that what was happening on the ground was very different, with only 60% of all citations over the past 18 months being in the HIN.\u003c/p>\n\u003cp>Their data also reveals disproportionate and misdirected enforcement in \u003ca href=\"https://www.sfcta.org/policies/equity-priority-communities\">equity priority communities\u003c/a>, which the San Francisco County Transportation Authority describes as areas that include “populations and communities that could be considered disadvantaged or vulnerable now and in the future.”\u003c/p>\n\u003cp>“In our equity priority communities, the areas with the most vulnerable residents, only 28% of citation activity is focused on the five, which means that the SFPD is disproportionately targeting residents in our most vulnerable communities for violations that don’t actually affect public safety,” said Bornheimer. “This is broken taillights, expired tags, things like this. They should be focused on speeding and dangerous driving that actually result in physical injury.”\u003c/p>\n\u003cp>Considering that San Francisco is headed toward experiencing its deadliest year since 2007 in terms of motor vehicle violence, the most startling finding from Braitsch and Bornheimer’s analysis comes when they merge the high-injury network figures with the FOTF figures in equity priority communities, revealing that less than one-fifth of all citations are essentially contributing to improving traffic safety in the city.\u003c/p>\n\u003cp>“Only 18% of all citations citywide are on the high-injury network for violations that are focusing on the five. That is a big problem in our eyes,” said Bornheimer.\u003c/p>\n\u003cp>The solution? Braitsch and Bornheimer say three main areas could improve the situation drastically: infrastructure, data and transparency, and enforcement.\u003c/p>\n\u003cp>“Infrastructure is the most effective way to stop people from getting killed and seriously injured on our streets,” Bornheimer told District 8 Supervisor Rafael Mandelman, who called the hearing. “And so we need to ramp that up while also increasing transparency and data.”\u003c/p>\n\u003cp>Braitsch and Bornheimer listed red-light cameras, bureaucratic and procedural streamlining, and pedestrian and bike path improvements as being key infrastructural improvements, while also highlighting the need for open and transparent weekly crash data to be uploaded on \u003ca href=\"https://datasf.org/\">DataSF\u003c/a> by the SFPD and the San Francisco Department of Public Health; a monthly report on the infrastructural improvements made by the SFMTA; more interagency collaboration to standardize data; and to work with an outside vendor to update the HIN based on the latest crash data available.\u003c/p>\n\u003cp>As for enforcement, Braitsch and Bornheimer have no doubt what needs to be done.\u003c/p>\n\u003cp>“We know where our most dangerous streets are, where people get hurt most often, and we know what violations most severely impact people’s safety. We want to see the (SFPD) use the resources that they have — which have not changed much since 2019 and before — to enforce and focus on the five major violations on the high-injury network. Doing that and doing it for a certain period of time moving forward will hopefully make our streets safer.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>And it’s not just about which violations are getting citations; it’s also about where those citations are being given. In 2017, as part of Vision Zero SF, the SFMTA identified that 13% of the city’s streets accounted for 75% of all severe and fatal traffic injuries, referring to this as the “high-injury network,” or HIN. The plan was that the SFPD would focus on FOTFs in the HIN to reach Vision Zero SF goals. But Braitsch and Bornheimer found that what was happening on the ground was very different, with only 60% of all citations over the past 18 months being in the HIN.\u003c/p>\n\u003cp>Their data also reveals disproportionate and misdirected enforcement in \u003ca href=\"https://www.sfcta.org/policies/equity-priority-communities\">equity priority communities\u003c/a>, which the San Francisco County Transportation Authority describes as areas that include “populations and communities that could be considered disadvantaged or vulnerable now and in the future.”\u003c/p>\n\u003cp>“In our equity priority communities, the areas with the most vulnerable residents, only 28% of citation activity is focused on the five, which means that the SFPD is disproportionately targeting residents in our most vulnerable communities for violations that don’t actually affect public safety,” said Bornheimer. “This is broken taillights, expired tags, things like this. They should be focused on speeding and dangerous driving that actually result in physical injury.”\u003c/p>\n\u003cp>Considering that San Francisco is headed toward experiencing its deadliest year since 2007 in terms of motor vehicle violence, the most startling finding from Braitsch and Bornheimer’s analysis comes when they merge the high-injury network figures with the FOTF figures in equity priority communities, revealing that less than one-fifth of all citations are essentially contributing to improving traffic safety in the city.\u003c/p>\n\u003cp>“Only 18% of all citations citywide are on the high-injury network for violations that are focusing on the five. That is a big problem in our eyes,” said Bornheimer.\u003c/p>\n\u003cp>The solution? Braitsch and Bornheimer say three main areas could improve the situation drastically: infrastructure, data and transparency, and enforcement.\u003c/p>\n\u003cp>“Infrastructure is the most effective way to stop people from getting killed and seriously injured on our streets,” Bornheimer told District 8 Supervisor Rafael Mandelman, who called the hearing. “And so we need to ramp that up while also increasing transparency and data.”\u003c/p>\n\u003cp>Braitsch and Bornheimer listed red-light cameras, bureaucratic and procedural streamlining, and pedestrian and bike path improvements as being key infrastructural improvements, while also highlighting the need for open and transparent weekly crash data to be uploaded on \u003ca href=\"https://datasf.org/\">DataSF\u003c/a> by the SFPD and the San Francisco Department of Public Health; a monthly report on the infrastructural improvements made by the SFMTA; more interagency collaboration to standardize data; and to work with an outside vendor to update the HIN based on the latest crash data available.\u003c/p>\n\u003cp>As for enforcement, Braitsch and Bornheimer have no doubt what needs to be done.\u003c/p>\n\u003cp>“We know where our most dangerous streets are, where people get hurt most often, and we know what violations most severely impact people’s safety. We want to see the (SFPD) use the resources that they have — which have not changed much since 2019 and before — to enforce and focus on the five major violations on the high-injury network. Doing that and doing it for a certain period of time moving forward will hopefully make our streets safer.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>With a Sig Sauer .45 semiautomatic handgun holstered at his hip, and a San Francisco Police Department star chained around his neck, Carl Tennenbaum rolled through the streets of the Tenderloin undercover, day-in, day-out, for three years. It was the 1980s, when San Francisco still had a concrete slab of a freeway blocking the view of the Ferry Building from Market Street, and underneath its shadow the crack-cocaine epidemic gripped the city by the Bay as tightly as it did any American metropolis.\u003c/p>\n\u003cp>Tennenbaum, born and raised in San Francisco and a graduate of Lincoln High School, was a professional narc, a foot soldier in the nation’s war on drugs, and the Tenderloin was his theater. He bought cocaine from dealers on the corner of Eddy and Taylor streets, only to shove them against a wall as soon as the cash hit their hands. Sitting in the shade of the Henry Hotel, which even then was dilapidated, he found people shaking with tremors, hunched over crack pipes, and cuffed them.\u003c/p>\n\u003cp>Forty years ago, Tennenbaum arrested hundreds of people, far more than he can recall. Flash forward to 2022, and city leaders want the same from officers now.\u003c/p>\n\u003cp>In modern-day San Francisco, a growing swell of voices are supporting District Attorney Brooke Jenkins as she calls on San Francisco to bring what they call law and order to the Tenderloin. The scourge today is fentanyl, which has killed more San Franciscans than COVID, by a long shot.[pullquote size=\"medium\" align=\"right\" citation=\"Mano Raju, San Francisco public defender\"]‘DA Jenkins recently announced policies (that) are just more of the same regressive approaches … To be clear, as the war on drugs has clearly demonstrated, criminalizing the supply (does) nothing to reduce the demand.’[/pullquote]Fans of Jenkins’ recent policy changes — from homicide charges for drug dealers to steeper sentences against drug users — would probably praise Tennenbaum for his similar efforts against cocaine dealers and users.\u003c/p>\n\u003cp>Tennenbaum, however, regrets every second.\u003c/p>\n\u003cp>He’s far from alone. Some sectors of the city are now pushing back against renewed support for the war on drugs, which they see as a failed policy.\u003c/p>\n\u003cp>Now 65, the retired sergeant believes that by jailing drug users and dealers, he broke up families, prevented people from kicking their addictions, and ultimately did not rid the streets of San Francisco of drugs. Perhaps even worse, today he sees the city lurching back toward the unsuccessful policies of the past.\u003c/p>\n\u003cp>“I saw directly the impact I was having on families and on the community and society. And everything that I was doing was way worse than whatever the impact of the use of drugs was,” he told KQED.\u003c/p>\n\u003cp>Today, Tennenbaum said, “it’s more of the same.”\u003c/p>\n\u003cp>San Francisco Public Defender Mano Raju echoed those thoughts in a press conference this week.\u003c/p>\n\u003cp>“DA Jenkins recently announced policies (that) are just more of the same regressive approaches,” he said. “To be clear, as the war on drugs has clearly demonstrated, criminalizing the supply (does) nothing to reduce the demand.”\u003c/p>\n\u003cp>A bevy of experts including drug policy professionals, health care professionals, Tenderloin nonprofit leaders and a medical professor joined Raju to offer alternatives to incarceration to curb open drug use.\u003c/p>\n\u003cp>Known and proven methods of reducing harm need to be funded, they said, from behavioral health programs in San Francisco jails to more housing to help those dealing with substance use disorder have a secure place in which to combat their addictions. Safe injection sites are also needed, they said, so that trained professionals can keep drug users alive long enough for them to find a path to sobriety. Mayor London Breed has tried to get state support to open such a site, but Gov. Gavin Newsom recently vetoed a bill that would have done so.\u003c/p>\n\u003cp>Kara Simon Casey, from the nonprofit health care group Code Tenderloin, asserted that her organization offers case management for drug users, job placement and a safe place to recover. But they need more funding to step up what they do.\u003c/p>\n\u003cp>“That’s where the funding needs to go, from what I can see in the city, because I work daily with the population that are experiencing these traumas,” Simon Casey said, adding that the war on drugs just puts people in prisons, where they continue their drug use.\u003c/p>\n\u003cp>When DA Jenkins argues for a return to harsher penalties, she claims that a leftward swing by former District Attorney Chesa Boudin to move drug dealers and offenders to diversion programs has worsened drug dealing in the city.\u003c/p>\n\u003cp>But Leo Beletsky, associate professor at UC San Diego’s School of Medicine, said it is inaccurate to say San Francisco ever took its foot off the gas on enforcing anti-drug laws, especially in the Tenderloin.\u003c/p>\n\u003cp>“The federal initiative for the Tenderloin, which involves 15 local and federal and state law enforcement agencies, has been in place since 2019,” he said. “This is a very intensive drug-law-enforcement initiative in the Tenderloin and surrounding community and surrounding areas in San Francisco. And so the idea that somehow the former DA’s policies caused a complete stop to drug-law enforcement in San Francisco is just not true.”\u003c/p>\n\u003cp>Some at the press conference openly critiqued Jenkins’ recently announced effort to charge drug dealers with homicides in the case of drug overdoses. Norma Palacios, policy coordinator with the Drug Policy Alliance, said her organization issued a report in 2018 that looked at that particular charging policy, and found it lacking.\u003c/p>\n\u003cfigure id=\"attachment_11929112\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11929112\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/CarlT1.jpeg\" alt=\"An SFPD police officer in full uniform looks at the camera.\" width=\"1024\" height=\"768\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1.jpeg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1-160x120.jpeg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Retired police Sgt. Carl Tennenbaum told KQED, ‘I saw directly the impact I was having on families and on the community and society. And everything that I was doing was way worse than whatever the impact of the use of drugs was.’ \u003ccite>(Aryk Copley/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“What the findings demonstrate is that these laws are counterproductive to reducing drug use and drug availability,” she said, adding that it even does harm because “it minimizes the chance that a person would call 911 in case someone is experiencing overdose.”\u003c/p>\n\u003cp>Tennenbaum, the retired SFPD sergeant, was not part of Raju’s press conference, but he’s now a speaker with the Law Enforcement Action Partnership, which advocates for the decriminalization of drug use.\u003c/p>\n\u003cp>The organization has no stake in or claim on any district attorney candidate, but Tennenbaum was clear that Jenkins’ recent law-and-order effort has its origins in another political era.\u003c/p>\n\u003cp>On June 17, 1971, then-President Richard Nixon made a speech from the White House that would begin a decades-long criminalization of impoverished communities of color, an effort known colloquially as “the war on drugs.”\u003c/p>\n\u003cp>“America’s public enemy No. 1 in the United States is drug abuse. In order to fight and defeat this enemy, it is necessary to wage a new all-out offensive,” Nixon told the nation, in a now-infamous address.\u003c/p>\n\u003cp>Following the passage of stiffer penalties for crack cocaine, the incarceration rate of Black people in America exploded from about 600 per 100,000 people in 1970, to 1,808 per 100,000 in 2000, according to an Associated Press review of federal and state incarceration data.\u003c/p>\n\u003cp>In the same time span, the rate for the Latino population grew from 208 per 100,000 people to 615 per 100,000, while the white incarceration rate grew from 103 per 100,000 people to 242 per 100,000.\u003c/p>\n\u003cp>Tennenbaum heard those same policies echoed at an early October press conference held by Mayor London Breed, San Francisco Police Chief Bill Scott, District Attorney Brooke Jenkins and Supervisor Matt Dorsey.\u003c/p>\n\u003cp>Standing at a lectern earlier this month, Jenkins gave voice to the need for treatment for drug users. But her method for compelling them into such treatment involves steeper consequences for refusing it, a method her critics say won’t work.\u003c/p>\n\u003cp>Jenkins rebuked those critics outright. But while she said her tough-on-crime policies aren’t linked to Nixon’s drug war, in the next breath she seemed to embrace the idea.\u003c/p>\n\u003cp>“People want to talk about, well, ‘The war on drugs this, the war on drugs that,’” Jenkins said. But, “It is a war on fentanyl. It is.”\u003c/p>\n\u003cp>She added, “When I’m having to give a lesson to my 6-year-old about not eating something that looks like candy because it can kill her, this is absolutely a war, on the most lethal drug our street has ever seen.”\u003c/p>\n\u003cp>That particular candy issue aside — \u003ca href=\"https://www.pbs.org/newshour/health/why-this-expert-says-rainbow-fentanyl-is-no-real-threat-to-your-halloween-this-year\">it’s a Fox News talking point that has been critiqued as overblown\u003c/a> — Tennenbaum sees the return to war-on-drug policies as potentially deadly. He’s seen it himself.\u003c/p>\n\u003cp>When he was a narcotics cop, he once arrested a young Black woman who was selling drugs on 16th and Capp streets in the Mission. Whether it was because they were both from the city — she attended Mission High School and grew up in the Valencia Gardens housing project — or simply because she was kind, they hit it off. She became a confidential informant for Tennenbaum, a useful ally in the war on drugs.\u003c/p>\n\u003cp>“She would give me little bits of information, nothing that led to anything big. And we just were back and forth. And I really have to be honest, I really, just really liked her. She was a very nice person,” he said.\u003c/p>\n\u003cp>But after a month or so, he didn’t hear from her. It was then that one of Tennenbaum’s superiors told him she was shot and killed. Her body was recovered by Candlestick Park, the now-bygone baseball stadium.\u003c/p>\n\u003cp>He felt responsible, that she died because of his willingness to partake in a drug war — one he said may cause more death, and lead to more drug use, should city leaders continue it.\u003c/p>\n\u003cp>“And yeah,” he said, “it stuck with me.”\u003c/p>\n\u003cp>\u003ci>The Associated Press contributed to this report.\u003c/i>\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>With a Sig Sauer .45 semiautomatic handgun holstered at his hip, and a San Francisco Police Department star chained around his neck, Carl Tennenbaum rolled through the streets of the Tenderloin undercover, day-in, day-out, for three years. It was the 1980s, when San Francisco still had a concrete slab of a freeway blocking the view of the Ferry Building from Market Street, and underneath its shadow the crack-cocaine epidemic gripped the city by the Bay as tightly as it did any American metropolis.\u003c/p>\n\u003cp>Tennenbaum, born and raised in San Francisco and a graduate of Lincoln High School, was a professional narc, a foot soldier in the nation’s war on drugs, and the Tenderloin was his theater. He bought cocaine from dealers on the corner of Eddy and Taylor streets, only to shove them against a wall as soon as the cash hit their hands. Sitting in the shade of the Henry Hotel, which even then was dilapidated, he found people shaking with tremors, hunched over crack pipes, and cuffed them.\u003c/p>\n\u003cp>Forty years ago, Tennenbaum arrested hundreds of people, far more than he can recall. Flash forward to 2022, and city leaders want the same from officers now.\u003c/p>\n\u003cp>In modern-day San Francisco, a growing swell of voices are supporting District Attorney Brooke Jenkins as she calls on San Francisco to bring what they call law and order to the Tenderloin. The scourge today is fentanyl, which has killed more San Franciscans than COVID, by a long shot.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Fans of Jenkins’ recent policy changes — from homicide charges for drug dealers to steeper sentences against drug users — would probably praise Tennenbaum for his similar efforts against cocaine dealers and users.\u003c/p>\n\u003cp>Tennenbaum, however, regrets every second.\u003c/p>\n\u003cp>He’s far from alone. Some sectors of the city are now pushing back against renewed support for the war on drugs, which they see as a failed policy.\u003c/p>\n\u003cp>Now 65, the retired sergeant believes that by jailing drug users and dealers, he broke up families, prevented people from kicking their addictions, and ultimately did not rid the streets of San Francisco of drugs. Perhaps even worse, today he sees the city lurching back toward the unsuccessful policies of the past.\u003c/p>\n\u003cp>“I saw directly the impact I was having on families and on the community and society. And everything that I was doing was way worse than whatever the impact of the use of drugs was,” he told KQED.\u003c/p>\n\u003cp>Today, Tennenbaum said, “it’s more of the same.”\u003c/p>\n\u003cp>San Francisco Public Defender Mano Raju echoed those thoughts in a press conference this week.\u003c/p>\n\u003cp>“DA Jenkins recently announced policies (that) are just more of the same regressive approaches,” he said. “To be clear, as the war on drugs has clearly demonstrated, criminalizing the supply (does) nothing to reduce the demand.”\u003c/p>\n\u003cp>A bevy of experts including drug policy professionals, health care professionals, Tenderloin nonprofit leaders and a medical professor joined Raju to offer alternatives to incarceration to curb open drug use.\u003c/p>\n\u003cp>Known and proven methods of reducing harm need to be funded, they said, from behavioral health programs in San Francisco jails to more housing to help those dealing with substance use disorder have a secure place in which to combat their addictions. Safe injection sites are also needed, they said, so that trained professionals can keep drug users alive long enough for them to find a path to sobriety. Mayor London Breed has tried to get state support to open such a site, but Gov. Gavin Newsom recently vetoed a bill that would have done so.\u003c/p>\n\u003cp>Kara Simon Casey, from the nonprofit health care group Code Tenderloin, asserted that her organization offers case management for drug users, job placement and a safe place to recover. But they need more funding to step up what they do.\u003c/p>\n\u003cp>“That’s where the funding needs to go, from what I can see in the city, because I work daily with the population that are experiencing these traumas,” Simon Casey said, adding that the war on drugs just puts people in prisons, where they continue their drug use.\u003c/p>\n\u003cp>When DA Jenkins argues for a return to harsher penalties, she claims that a leftward swing by former District Attorney Chesa Boudin to move drug dealers and offenders to diversion programs has worsened drug dealing in the city.\u003c/p>\n\u003cp>But Leo Beletsky, associate professor at UC San Diego’s School of Medicine, said it is inaccurate to say San Francisco ever took its foot off the gas on enforcing anti-drug laws, especially in the Tenderloin.\u003c/p>\n\u003cp>“The federal initiative for the Tenderloin, which involves 15 local and federal and state law enforcement agencies, has been in place since 2019,” he said. “This is a very intensive drug-law-enforcement initiative in the Tenderloin and surrounding community and surrounding areas in San Francisco. And so the idea that somehow the former DA’s policies caused a complete stop to drug-law enforcement in San Francisco is just not true.”\u003c/p>\n\u003cp>Some at the press conference openly critiqued Jenkins’ recently announced effort to charge drug dealers with homicides in the case of drug overdoses. Norma Palacios, policy coordinator with the Drug Policy Alliance, said her organization issued a report in 2018 that looked at that particular charging policy, and found it lacking.\u003c/p>\n\u003cfigure id=\"attachment_11929112\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11929112\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/CarlT1.jpeg\" alt=\"An SFPD police officer in full uniform looks at the camera.\" width=\"1024\" height=\"768\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1.jpeg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1-800x600.jpeg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1-1020x765.jpeg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/CarlT1-160x120.jpeg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Retired police Sgt. Carl Tennenbaum told KQED, ‘I saw directly the impact I was having on families and on the community and society. And everything that I was doing was way worse than whatever the impact of the use of drugs was.’ \u003ccite>(Aryk Copley/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“What the findings demonstrate is that these laws are counterproductive to reducing drug use and drug availability,” she said, adding that it even does harm because “it minimizes the chance that a person would call 911 in case someone is experiencing overdose.”\u003c/p>\n\u003cp>Tennenbaum, the retired SFPD sergeant, was not part of Raju’s press conference, but he’s now a speaker with the Law Enforcement Action Partnership, which advocates for the decriminalization of drug use.\u003c/p>\n\u003cp>The organization has no stake in or claim on any district attorney candidate, but Tennenbaum was clear that Jenkins’ recent law-and-order effort has its origins in another political era.\u003c/p>\n\u003cp>On June 17, 1971, then-President Richard Nixon made a speech from the White House that would begin a decades-long criminalization of impoverished communities of color, an effort known colloquially as “the war on drugs.”\u003c/p>\n\u003cp>“America’s public enemy No. 1 in the United States is drug abuse. In order to fight and defeat this enemy, it is necessary to wage a new all-out offensive,” Nixon told the nation, in a now-infamous address.\u003c/p>\n\u003cp>Following the passage of stiffer penalties for crack cocaine, the incarceration rate of Black people in America exploded from about 600 per 100,000 people in 1970, to 1,808 per 100,000 in 2000, according to an Associated Press review of federal and state incarceration data.\u003c/p>\n\u003cp>In the same time span, the rate for the Latino population grew from 208 per 100,000 people to 615 per 100,000, while the white incarceration rate grew from 103 per 100,000 people to 242 per 100,000.\u003c/p>\n\u003cp>Tennenbaum heard those same policies echoed at an early October press conference held by Mayor London Breed, San Francisco Police Chief Bill Scott, District Attorney Brooke Jenkins and Supervisor Matt Dorsey.\u003c/p>\n\u003cp>Standing at a lectern earlier this month, Jenkins gave voice to the need for treatment for drug users. But her method for compelling them into such treatment involves steeper consequences for refusing it, a method her critics say won’t work.\u003c/p>\n\u003cp>Jenkins rebuked those critics outright. But while she said her tough-on-crime policies aren’t linked to Nixon’s drug war, in the next breath she seemed to embrace the idea.\u003c/p>\n\u003cp>“People want to talk about, well, ‘The war on drugs this, the war on drugs that,’” Jenkins said. But, “It is a war on fentanyl. It is.”\u003c/p>\n\u003cp>She added, “When I’m having to give a lesson to my 6-year-old about not eating something that looks like candy because it can kill her, this is absolutely a war, on the most lethal drug our street has ever seen.”\u003c/p>\n\u003cp>That particular candy issue aside — \u003ca href=\"https://www.pbs.org/newshour/health/why-this-expert-says-rainbow-fentanyl-is-no-real-threat-to-your-halloween-this-year\">it’s a Fox News talking point that has been critiqued as overblown\u003c/a> — Tennenbaum sees the return to war-on-drug policies as potentially deadly. He’s seen it himself.\u003c/p>\n\u003cp>When he was a narcotics cop, he once arrested a young Black woman who was selling drugs on 16th and Capp streets in the Mission. Whether it was because they were both from the city — she attended Mission High School and grew up in the Valencia Gardens housing project — or simply because she was kind, they hit it off. She became a confidential informant for Tennenbaum, a useful ally in the war on drugs.\u003c/p>\n\u003cp>“She would give me little bits of information, nothing that led to anything big. And we just were back and forth. And I really have to be honest, I really, just really liked her. She was a very nice person,” he said.\u003c/p>\n\u003cp>But after a month or so, he didn’t hear from her. It was then that one of Tennenbaum’s superiors told him she was shot and killed. Her body was recovered by Candlestick Park, the now-bygone baseball stadium.\u003c/p>\n\u003cp>He felt responsible, that she died because of his willingness to partake in a drug war — one he said may cause more death, and lead to more drug use, should city leaders continue it.\u003c/p>\n\u003cp>“And yeah,” he said, “it stuck with me.”\u003c/p>\n\u003cp>\u003ci>The Associated Press contributed to this report.\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Dozens of ride-hailing and delivery drivers rallied Wednesday outside of Uber’s headquarters in San Francisco, calling on the company and others that employ them like Lyft and DoorDash to recognize a new statewide gig workers union that seeks better wages and protections in the industry.\u003c/p>\n\u003cp>The protesters, including some who traveled from Los Angeles, held signs that read “We deserve job security” and “We can’t survive on $6.20 per hour” as they announced the California Gig Workers Union. Later, they marched to the offices of Lyft and DoorDash in the Mission Bay neighborhood.\u003c/p>\n\u003cp>Uber and Lyft driver Hector Castellanos said he hopes the new union will lead to benefits for workers like himself, who are labeled independent contractors, whereas companies currently are required only to provide \u003cspan style=\"font-weight: 400\">benefits\u003c/span> to employees.\u003c/p>\n\u003cp>“We deserve basic rights like good health care, workers’ compensation, sick days, vacations,” said Castellanos, 55, from Antioch. “These companies are taking more and more advantage of us. So that’s why I’m here, because I want to fight against this.”\u003c/p>\n\u003cp>San Francisco Democratic Party Chair Honey Mahogany, a candidate in the supervisor race for District 6 encompassing Mission Bay, and District 4 Supervisor Gordon Mar spoke at the event in support of drivers’ organizing efforts.\u003c/p>\n\u003cp>Mar said that the city provided tax breaks and other benefits about a decade ago so start-ups like Uber could grow and get established, and that now those companies should “share the wealth” with their drivers.\u003c/p>\n\u003cp>“We are demanding that they give back to San Francisco, that they comply with San Francisco values, and that’s supporting the workers,” he said.[pullquote size=\"medium\" align=\"right\" citation=\"Hector Castellanos, driver for Uber and Lyft\"]‘We deserve basic rights like good health care, workers’ compensation, sick days, vacations … These companies are taking more and more advantage of us. So that’s why I’m here, because I want to fight against this.’[/pullquote]The rally comes during a week when \u003ca href=\"https://techcrunch.com/2022/10/11/uber-lyft-doordash-stock-tank-gig-worker-rules/\">Uber, Lyft and DoorDash stock prices\u003c/a> plunged after the federal government unveiled proposed rules that \u003ca href=\"https://www.nytimes.com/2022/10/11/business/economy/biden-gig-workers-contractors-employees.html?login=smartlock&auth=login-smartlock\">could make it easier\u003c/a> for gig drivers, as well as millions of construction and home care workers, to be treated as employees.\u003c/p>\n\u003cp>The proposed changes aim to “combat misclassification,” which also \u003ca href=\"https://www.dol.gov/newsroom/releases/WHD/WHD20221011-0\">hurts the economy\u003c/a>, according to a statement by the U.S. Department of Labor.\u003c/p>\n\u003cp>“We have seen in many cases that employers misclassify their employees as independent contractors, particularly among our nation’s most vulnerable workers,” wrote Secretary of Labor Marty Walsh. “Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages.”\u003c/p>\n\u003cp>An estimated \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">1.37 million people worked on at least one ride or delivery\u003c/a> for DoorDash, Instacart, Lyft and Uber platforms in California between 2020 and 2021.\u003c/p>\n\u003cp>Nearly two years ago, California voters approved a ballot initiative that exempted Uber, Lyft, DoorDash, Instacart and other app-based businesses from having to treat drivers as employees. Proposition 22 is currently in effect but is being challenged in state court.\u003c/p>\n\u003cp>The companies, which spent more than $200 million to get that measure passed, say changing how they classify drivers threatens the survival of their businesses. In addition, they argue most drivers prefer to remain as independent contractors.\u003c/p>\n\u003cp>“With more than 1 million unfilled traditional jobs and record low unemployment in the state, drivers are still choosing this work because of the earning potential, benefits, independence, and flexibility it provides,” wrote a spokesperson for Lyft. “The special interest groups that claim to support drivers should listen to the vast majority of them who want to keep what they have under Prop 22.”\u003c/p>\n\u003cp>Lydia Olson, who owns a consulting business in Sacramento, fears that becoming an employee would mean she could no longer drive for Uber and Lyft, as she has done for the past five years. She worries that the legal challenge to Proposition 22 or changes to federal rules could strip her of her choice to supplement her income when and where she chooses, for as long as she wants.\u003c/p>\n\u003cp>“It’s a scary time,” said Olson, 55. “I mean, how would you feel if you knew that the politicians could turn off your ability to work permanently overnight? And there’s nothing you could do about it, because that’s what we are looking at.”\u003c/p>\n\u003cp>Olson said a flexible schedule allows her to care for her husband, who has multiple sclerosis. She estimates she makes $30 an hour in net income as a driver, even with recent increases in gas prices.\u003c/p>\n\u003cp>“There’s a reason why so many people choose independent contracting and that’s because it works for them, and that’s their choice. And we all know there’s trade-offs,” she said. “So it makes no sense to force us to be employees, because we didn’t choose that.”\u003c/p>\n\u003cp>Spokespeople for Uber, Lyft and DoorDash said Proposition 22 delivered a 120% minimum wage guarantee for drivers, while offering health care subsidies and other benefits. They pointed to a UC Riverside analysis that concluded \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">drivers earned $25.17 per active hour\u003c/a> in 2021, not including tips. The study was commissioned by the \u003ca href=\"https://protectdriversandservices.com/about/our-coalition/\">Protect App-Based Drivers and Services\u003c/a> coalition, of which Uber, Lyft, DoorDash and Instacart are members.\u003c/p>\n\u003cp>However, a separate report authored by researchers at PolicyLink and Rideshare Drivers United last month \u003ca href=\"https://nationalequityatlas.org/prop22-paystudy\">estimated drastically lower earnings\u003c/a> for these gig workers. According to that study, typical rideshare drivers in California are taking home just $6.20 an hour, in part because they are not paid for the total time they are working.\u003c/p>\n\u003cp>In statements, Uber, Lyft and DoorDash spokespeople slammed those findings as “deeply flawed,” criticizing the small sample used for the analysis, which was based on data from 3,020 trips by 21 drivers.\u003c/p>\n\u003cp>But several full-time drivers at the protest told KQED that they make significantly less than $15 an hour after they deduct the costs of driving, such as gas and car maintenance, and must work long days to make ends meet.\u003c/p>\n\u003cp>“If you’re not going to work 12, 13 hours a day, you’re not going to survive,” said Armen Oganesyan, 57, who drives for Uber and Lyft in Los Angeles. “We basically live in the car … We are working every day from Monday to Sunday.”\u003c/p>\n\u003cp>The California Gig Workers Union, which representatives said is a movement of tens of thousands of people\u003cb data-stringify-type=\"bold\">, \u003c/b>merges two groups that had operated in the southern and northern regions of the state for years: the Mobile Workers Alliance and We Drive Progress.\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>Dozens of ride-hailing and delivery drivers rallied Wednesday outside of Uber’s headquarters in San Francisco, calling on the company and others that employ them like Lyft and DoorDash to recognize a new statewide gig workers union that seeks better wages and protections in the industry.\u003c/p>\n\u003cp>The protesters, including some who traveled from Los Angeles, held signs that read “We deserve job security” and “We can’t survive on $6.20 per hour” as they announced the California Gig Workers Union. Later, they marched to the offices of Lyft and DoorDash in the Mission Bay neighborhood.\u003c/p>\n\u003cp>Uber and Lyft driver Hector Castellanos said he hopes the new union will lead to benefits for workers like himself, who are labeled independent contractors, whereas companies currently are required only to provide \u003cspan style=\"font-weight: 400\">benefits\u003c/span> to employees.\u003c/p>\n\u003cp>“We deserve basic rights like good health care, workers’ compensation, sick days, vacations,” said Castellanos, 55, from Antioch. “These companies are taking more and more advantage of us. So that’s why I’m here, because I want to fight against this.”\u003c/p>\n\u003cp>San Francisco Democratic Party Chair Honey Mahogany, a candidate in the supervisor race for District 6 encompassing Mission Bay, and District 4 Supervisor Gordon Mar spoke at the event in support of drivers’ organizing efforts.\u003c/p>\n\u003cp>Mar said that the city provided tax breaks and other benefits about a decade ago so start-ups like Uber could grow and get established, and that now those companies should “share the wealth” with their drivers.\u003c/p>\n\u003cp>“We are demanding that they give back to San Francisco, that they comply with San Francisco values, and that’s supporting the workers,” he said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The rally comes during a week when \u003ca href=\"https://techcrunch.com/2022/10/11/uber-lyft-doordash-stock-tank-gig-worker-rules/\">Uber, Lyft and DoorDash stock prices\u003c/a> plunged after the federal government unveiled proposed rules that \u003ca href=\"https://www.nytimes.com/2022/10/11/business/economy/biden-gig-workers-contractors-employees.html?login=smartlock&auth=login-smartlock\">could make it easier\u003c/a> for gig drivers, as well as millions of construction and home care workers, to be treated as employees.\u003c/p>\n\u003cp>The proposed changes aim to “combat misclassification,” which also \u003ca href=\"https://www.dol.gov/newsroom/releases/WHD/WHD20221011-0\">hurts the economy\u003c/a>, according to a statement by the U.S. Department of Labor.\u003c/p>\n\u003cp>“We have seen in many cases that employers misclassify their employees as independent contractors, particularly among our nation’s most vulnerable workers,” wrote Secretary of Labor Marty Walsh. “Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages.”\u003c/p>\n\u003cp>An estimated \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">1.37 million people worked on at least one ride or delivery\u003c/a> for DoorDash, Instacart, Lyft and Uber platforms in California between 2020 and 2021.\u003c/p>\n\u003cp>Nearly two years ago, California voters approved a ballot initiative that exempted Uber, Lyft, DoorDash, Instacart and other app-based businesses from having to treat drivers as employees. Proposition 22 is currently in effect but is being challenged in state court.\u003c/p>\n\u003cp>The companies, which spent more than $200 million to get that measure passed, say changing how they classify drivers threatens the survival of their businesses. In addition, they argue most drivers prefer to remain as independent contractors.\u003c/p>\n\u003cp>“With more than 1 million unfilled traditional jobs and record low unemployment in the state, drivers are still choosing this work because of the earning potential, benefits, independence, and flexibility it provides,” wrote a spokesperson for Lyft. “The special interest groups that claim to support drivers should listen to the vast majority of them who want to keep what they have under Prop 22.”\u003c/p>\n\u003cp>Lydia Olson, who owns a consulting business in Sacramento, fears that becoming an employee would mean she could no longer drive for Uber and Lyft, as she has done for the past five years. She worries that the legal challenge to Proposition 22 or changes to federal rules could strip her of her choice to supplement her income when and where she chooses, for as long as she wants.\u003c/p>\n\u003cp>“It’s a scary time,” said Olson, 55. “I mean, how would you feel if you knew that the politicians could turn off your ability to work permanently overnight? And there’s nothing you could do about it, because that’s what we are looking at.”\u003c/p>\n\u003cp>Olson said a flexible schedule allows her to care for her husband, who has multiple sclerosis. She estimates she makes $30 an hour in net income as a driver, even with recent increases in gas prices.\u003c/p>\n\u003cp>“There’s a reason why so many people choose independent contracting and that’s because it works for them, and that’s their choice. And we all know there’s trade-offs,” she said. “So it makes no sense to force us to be employees, because we didn’t choose that.”\u003c/p>\n\u003cp>Spokespeople for Uber, Lyft and DoorDash said Proposition 22 delivered a 120% minimum wage guarantee for drivers, while offering health care subsidies and other benefits. They pointed to a UC Riverside analysis that concluded \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">drivers earned $25.17 per active hour\u003c/a> in 2021, not including tips. The study was commissioned by the \u003ca href=\"https://protectdriversandservices.com/about/our-coalition/\">Protect App-Based Drivers and Services\u003c/a> coalition, of which Uber, Lyft, DoorDash and Instacart are members.\u003c/p>\n\u003cp>However, a separate report authored by researchers at PolicyLink and Rideshare Drivers United last month \u003ca href=\"https://nationalequityatlas.org/prop22-paystudy\">estimated drastically lower earnings\u003c/a> for these gig workers. According to that study, typical rideshare drivers in California are taking home just $6.20 an hour, in part because they are not paid for the total time they are working.\u003c/p>\n\u003cp>In statements, Uber, Lyft and DoorDash spokespeople slammed those findings as “deeply flawed,” criticizing the small sample used for the analysis, which was based on data from 3,020 trips by 21 drivers.\u003c/p>\n\u003cp>But several full-time drivers at the protest told KQED that they make significantly less than $15 an hour after they deduct the costs of driving, such as gas and car maintenance, and must work long days to make ends meet.\u003c/p>\n\u003cp>“If you’re not going to work 12, 13 hours a day, you’re not going to survive,” said Armen Oganesyan, 57, who drives for Uber and Lyft in Los Angeles. “We basically live in the car … We are working every day from Monday to Sunday.”\u003c/p>\n\u003cp>The California Gig Workers Union, which representatives said is a movement of tens of thousands of people\u003cb data-stringify-type=\"bold\">, \u003c/b>merges two groups that had operated in the southern and northern regions of the state for years: the Mobile Workers Alliance and We Drive Progress.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>California’s attorney general is often described as the state’s top prosecutor, but that shorthand doesn’t do the position justice. At least not according to Rob Bonta, the current holder of that office.\u003c/p>\n\u003cp>Since Gov. Gavin Newsom appointed him to the role in March 2021, \u003ca href=\"https://calmatters.org/california-voter-guide-2022/attorney-general/rob-bonta/\">Bonta has broadened the scope and emphasis of the Department of Justice\u003c/a> into areas of the law once considered the principal domain of local prosecutors, elected officials and private litigants.\u003c/p>\n\u003cp>Taking on the role of\u003ca href=\"https://www.sfchronicle.com/politics/joegarofoli/article/california-housing-rules-17188267.php\"> housing enforcer\u003c/a>, Bonta has threatened lawsuits against apartment-averse cities, while issuing guidance to locals on where they can permit new construction.\u003c/p>\n\u003cp>With new bureaus and empowered by new laws, his office now serves as an investigative unit for\u003ca href=\"https://www.latimes.com/california/story/2021-05-12/racial-justice-bureau-to-fight-asian-racism-extremism\"> discriminatory law enforcement\u003c/a> and \u003ca href=\"https://calmatters.org/justice/2022/06/police-shootings-unarmed-civilians/\">police shootings of unarmed civilians\u003c/a>.\u003c/p>\n\u003cp>Just last month, Bonta announced the \u003ca href=\"https://calmatters.org/newsletters/2022/09/california-attorney-general-gun-violence/\">creation of a new office\u003c/a> tasked with researching and disseminating gun violence prevention tactics. The office still only exists on paper, but the proposal itself says a lot about Bonta’s view of his office’s expansive domain. For a department known for its prosecutors and its gun-toting officers, academic research is an unusual pivot.[aside postID=news_11926496 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58812_IMG_4401-qut.jpg']And as Los Angeles weathers \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/10/california-pig-law-supreme-court/\">scandal\u003c/a> after \u003ca href=\"https://www.latimes.com/california/story/2022-09-20/kuehl-warrant-order\">scandal\u003c/a>, Bonta has now stepped in in lieu of local prosecutors, announcing that his office will investigate potential voting rights violations during \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/10/la-city-council-racism-redistricting/\">the local redistricting process\u003c/a>, a subject at the center of racist conversations that forced the \u003ca href=\"https://www.latimes.com/california/story/2022-10-12/la-me-nury-martinez-resigns\">City Council president to resign Wednesday\u003c/a>.\u003c/p>\n\u003cp>Bonta, who visited CalMatters’ office for an hour-long interview this week, said he’s never been one to limit himself to just a handful of issues.\u003c/p>\n\u003cp>Early in his political career, he said he was told to “focus on a handful of things — maybe one, two or three — make those your signature issues, get known for those and make a difference there,” he said. “I’ve never, ever followed that advice.”\u003c/p>\n\u003cp>It’s a contrast with Bonta’s opponent in the November 8 \u003ca href=\"https://calmatters.org/california-voter-guide-2022/attorney-general/\">race for attorney general\u003c/a>, former federal prosecutor and longtime defense attorney \u003ca href=\"https://calmatters.org/california-voter-guide-2022/attorney-general/nathan-hochman/\">Nathan Hochman\u003c/a>. A Republican from Los Angeles, Hochman has spent the campaign\u003ca href=\"https://calmatters.org/politics/2022/04/nathan-hochman-california-attorney-general/\"> stressing his apolitical instincts\u003c/a> and his emphasis on criminal enforcement.\u003c/p>\n\u003cp>Bonta, a former state Assemblymember who is now asking voters to elect him to his current position for the first time, embraces the notion that the attorney general’s work isn’t just done in the courtroom, but in the Legislature and the political arena, too.\u003c/p>\n\u003cp>Here are five other highlights from our conversation with Bonta.\u003c/p>\n\u003ch2>1. Housing: ‘Not optional’\u003c/h2>\n\u003cp>Few areas of the law bear Bonta’s mark as indelibly as housing.\u003c/p>\n\u003cp>One of his first acts as top prosecutor was to create a “housing strike force.” That was over the \u003ca href=\"https://www.calcities.org/news/post/2021/11/04/joining-forces-not-strike-forces-needed-to-house-californians\">strenuous opposition of the League of California Cities\u003c/a>, the municipal government lobby, but something that Bonta calls one of his most significant accomplishments.\u003c/p>\n\u003cp>That strike force has already struck a handful of times. Earlier this year, Bonta threatened the cities of \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/AG%20Letter%20to%20Pasadena%20re%20SB%209%20Urgency%20Ordinance.pdf\">Pasadena\u003c/a> and \u003ca href=\"https://calmatters.org/housing/2022/02/california-zoning-housing-podcast/\">Woodside\u003c/a> with legal action for trying to avoid \u003ca href=\"https://calmatters.org/housing/2022/04/duplex-housing-resistance/\">denser development requirements\u003c/a>. His office has thrown its legal weight behind apartment projects facing local opposition in \u003ca href=\"https://www.sfchronicle.com/eastbay/article/Why-California-s-attorney-general-weighed-into-17364584.php\">Livermore\u003c/a> and \u003ca href=\"https://voiceofsandiego.org/2022/03/30/encinitas-in-hot-water-again/\">Encinitas\u003c/a>. Just this week he rushed to the defense of a \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-files-brief-defense-homekey-program-funded-project\">supportive housing project\u003c/a> in Marin and \u003ca href=\"https://www.mercurynews.com/2022/10/10/new-limits-recommended-for-building-homes-in-high-risk-wildfire-areas-in-california/\">rolled out new guidelines\u003c/a> for development in the wildfire-prone areas. Those development recommendations lack legal force, but they reinforce his office’s unprecedented emphasis on housing policy.[pullquote size=\"medium\" align=\"right\" citation=\"Rob Bonta, attorney general, California\"]‘(They said) focus on a handful of things — maybe one, two or three — make those your signature issues, get known for those and make a difference there … I’ve never, ever followed that advice.’[/pullquote]Though prior attorneys general in California have enforced housing laws, none has done so quite so deliberately or aggressively as Bonta. He credited his experience as a legislator in the housing-constrained Bay Area and said that his office is simply responding to the escalating severity of the affordable-housing crisis.\u003c/p>\n\u003cp>“We wanted to put a stake in the ground, to send a message to the state that there are laws in the state of California that are not optional. They must be followed, including by other governments, including cities and counties, who shouldn’t be calling themselves, wrongfully, mountain lion sanctuaries to escape the law,” said Bonta, in \u003ca href=\"https://www.almanacnews.com/news/2022/02/07/woodside-reverses-course-on-controversial-mountain-lion-moratorium-on-housing-projects\">reference to the city of Woodside\u003c/a>.\u003c/p>\n\u003cp>“People say, ‘I never thought of the AG as someone who could be involved in housing,’” he said. “We enforce all laws, not just criminal laws, but also civil laws, including housing laws.”\u003c/p>\n\u003ch2>2. Redefining ‘violent crime’\u003c/h2>\n\u003cp>In 2016, California voters passed Proposition 57 to make it easier for incarcerated people who committed nonviolent crimes to apply for early release.\u003c/p>\n\u003cp>But the law defined “violent” felonies with just \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=667.5.&lawCode=PEN\">23 offenses\u003c/a>. Missing from that list are domestic violence, human trafficking and certain types of assault and rape.\u003c/p>\n\u003cp>Conservatives have been using those omissions as a \u003ca href=\"https://kmph.com/news/local/why-opposition-voted-down-sen-groves-human-trafficking-bill-and-local-reaction-about-it\">cudgel\u003c/a> \u003ca href=\"https://calmatters.org/election-2020-guide/proposition-20-crime/\">to\u003c/a> \u003ca href=\"https://calmatters.org/politics/2022/05/anne-marie-schubert-attorney-general/\">beat\u003c/a> “criminal justice reform”-aligned Democrats ever since. In the past, Bonta has hinted at \u003ca href=\"https://twitter.com/JeremyBWhite/status/1499552457969389570?s=20&t=Uv-MYDlUPGRjjYr8jNUM6A\">possible tweaks\u003c/a> to the law that he would support.\u003c/p>\n\u003cp>In the CalMatters interview, he was more explicit: “Domestic violence, human trafficking, rape of an unconscious person, all of those should be discussed, and potentially changed.”\u003c/p>\n\u003ch2>3. Death penalty and cash bail, reconsidered\u003c/h2>\n\u003cp>Unlike Hochman, Bonta has a lengthy political record as a legislator. And it’s a telling one.\u003c/p>\n\u003cp>In 2018, he co-authored a bill to \u003ca href=\"https://calmatters.org/politics/2018/08/california-bail-reform-splinters-left/\">ban county courts from setting cash bail\u003c/a> for people awaiting trial, instead leaving the decision about whether a person should go free or not to a judge using “risk-assessment tools.” That bill was signed into law. But \u003ca href=\"https://calmatters.org/politics/california-election-2020/2020/11/what-the-failure-of-prop-25-means-for-racial-justice-in-california/\">voters nixed that idea in a 2020 referendum\u003c/a> funded by the bail bond industry.\u003c/p>\n\u003cp>That public rebuke hasn’t changed Bonta’s mind. He argued that voters may have been wary of the risk-assessment system that would have replaced the current system, which he acknowledged was “not perfect.”\u003c/p>\n\u003cp>But cash bail, he insisted, remains unpopular — and manifestly unfair.\u003c/p>\n\u003cp>“I believe that the current bail system punishes poor people for being poor, makes the jailhouse door swing open and closed based on how much money you have in your pocket, and judges you based on the size of your wallet, instead of the size of your risk,” he said.\u003c/p>\n\u003cp>While in the Assembly, Bonta also supported a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200ACA12\">proposed constitutional amendment\u003c/a> to officially end the death penalty in California. That’s despite the fact that California voters have \u003ca href=\"https://calmatters.org/politics/2022/02/california-death-penalty-end/\">repeatedly turned down that opportunity\u003c/a>, including as recently as 2016. California hasn’t executed a prisoner since 2006, and in 2019 Newsom declared a \u003ca href=\"https://calmatters.org/justice/2019/03/gavin-newsom-halts-executions-california/\">moratorium\u003c/a> on the practice.\u003c/p>\n\u003cp>Bonta said that if a capital punishment ban were to return to the ballot, he would support it. But he also stressed that, for now, his personal views do not trump current law.\u003c/p>\n\u003ch2>4. Playing a ‘dangerous game,’ but ‘responsibly’\u003c/h2>\n\u003cp>Last year, before the U.S. Supreme Court \u003ca href=\"https://calmatters.org/abortion-rights/2022/06/california-abortion-roe-ruling/\">ended the federal constitutional right to an abortion entirely\u003c/a> in June, Texas lawmakers came up with a clever way to effectively ban most abortions in the state.\u003c/p>\n\u003cp>Rather than have law enforcement enforce the restriction on ending a pregnancy after six weeks, a \u003ca href=\"https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00008F.pdf\">state law gave individual Texans the right to sue health care providers\u003c/a>, patients or anyone who “aided and abetted” an abortion, with the potential promise of a \u003ca href=\"https://calmatters.org/justice/2022/08/bounty-hunting-abortion-guns/\">$10,000 bounty\u003c/a> per violation. Because the state wasn’t enforcing the policy, the law was \u003ca href=\"https://www.scotusblog.com/2021/11/court-seems-inclined-to-let-abortion-providers-pursue-their-challenge-to-texas-law/\">harder to challenge in court\u003c/a>.\u003c/p>\n\u003cp>After the Supreme Court let the Texas law stand, Newsom clapped back, proposing a similarly structured bounty bill aimed at those who \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2021/12/texas-abortion-ban-newsom-assault-weapons/\">violate certain California gun laws\u003c/a>. Bonta, whose office \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/Brief%20of%20Mass.%20et%20al.%20in%2021-463%20and%2021-588.pdfA_.pdf\">vociferously opposed\u003c/a> the Texas law, helped craft the California version and was one of its most vocal public champions.\u003c/p>\n\u003cp>Reporters and commentators have described the California rejoinder as “\u003ca href=\"https://www.vox.com/2022/7/25/23277211/supreme-court-gavin-newsom-sb-8-abortion-guns-california-assault-rifle-law\">trolling\u003c/a>,” a “\u003ca href=\"https://www.thedailybeast.com/californias-new-gun-bill-is-bad-law-and-dumb-politics\">legislative stunt\u003c/a>” and a blue state’s “\u003ca href=\"https://www.wsj.com/articles/gavin-newsom-taunts-texas-on-guns-abortion-sb8-11660154256\">taunt\u003c/a>” of a conservative Supreme Court.\u003c/p>\n\u003cp>Bonta insisted that the law is an earnest effort to “save lives,” but also acknowledged that it was meant to call the high court’s bluff.\u003c/p>\n\u003cp>“We’re using it in the best way that it can be used, in a way that advances California values,” he said. “But it’s dangerous. It’s a dangerous game. We’re using it responsibly. Now others can use it like Texas, and maybe the Supreme Court will look at the landscape of how this approach is being used and try to correct it. If that happens, that’s fine, too.”\u003c/p>\n\u003ch2>5. Ready to try again on concealed carry\u003c/h2>\n\u003cp>The most high-profile setback of Bonta’s tenure to date was the failure of a bill his office wrote that would have made it more difficult for Californians to apply for the right to carry concealed firearms and that would have placed new restrictions on where they can take those guns.\u003c/p>\n\u003cp>The failed proposal was a response to another \u003ca href=\"https://calmatters.org/justice/criminal-justice/2022/06/california-gun-laws-supreme-court/\">controversial decision by the U.S. Supreme Court\u003c/a> in June. This one barred states from requiring concealed carry applicants to prove that they have a compelling need. Bonta’s proposed legislative workaround would have instead introduced “objective” restrictions, such as a prolonged training course requirement and a psychological assessment. It also designated arenas and other public gathering places and most private businesses as gun-free “sensitive” places.\u003c/p>\n\u003cp>Despite arm-twisting by Bonta himself, the \u003ca href=\"https://calmatters.org/politics/california-legislature/2022/09/california-concealed-carry-bill/\">bill died in the final hours of the legislative session\u003c/a>, the victim of law enforcement opposition, an overly confident legislative strategy and rifts within the Assembly’s Democratic ranks.\u003c/p>\n\u003cp>Bonta said his sense of urgency remains as acute as ever.\u003c/p>\n\u003cp>“There will be, and there have been, huge spikes in the number of applicants,” he said. “We believe that it’s important to have a constitutional regime that allows for those who should constitutionally have a concealed carry weapon to have (one), but to take the steps to make sure that we are doing everything constitutionally permissible to keep people safe.”\u003c/p>\n\u003cp>Bonta echoed comments made by the bill’s author, state Sen. Anthony Portantino, a Glendale Democrat, who said that he would like to see the bill, or some version of it, introduced as soon as the next session begins in December.\u003c/p>\n\u003cp>That plan hit a possible speed bump late last month. Where California’s bill failed, a similar proposal in New York was signed into law, only for a \u003ca href=\"https://www.nytimes.com/2022/10/06/nyregion/judge-blocks-ny-gun-law.html\">federal judge to rule this month\u003c/a> that its long list of “sensitive places” is unconstitutional.\u003c/p>\n\u003cp>“So we need to look at that, and maybe it is over-broad,” Bonta said, “and we should take that to heart … and respond appropriately with any new (similar) bill.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Attorney General Rob Bonta talks about rising crime, affordable housing, concealed guns and other priorities if he wins a full term.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California’s attorney general is often described as the state’s top prosecutor, but that shorthand doesn’t do the position justice. At least not according to Rob Bonta, the current holder of that office.\u003c/p>\n\u003cp>Since Gov. Gavin Newsom appointed him to the role in March 2021, \u003ca href=\"https://calmatters.org/california-voter-guide-2022/attorney-general/rob-bonta/\">Bonta has broadened the scope and emphasis of the Department of Justice\u003c/a> into areas of the law once considered the principal domain of local prosecutors, elected officials and private litigants.\u003c/p>\n\u003cp>Taking on the role of\u003ca href=\"https://www.sfchronicle.com/politics/joegarofoli/article/california-housing-rules-17188267.php\"> housing enforcer\u003c/a>, Bonta has threatened lawsuits against apartment-averse cities, while issuing guidance to locals on where they can permit new construction.\u003c/p>\n\u003cp>With new bureaus and empowered by new laws, his office now serves as an investigative unit for\u003ca href=\"https://www.latimes.com/california/story/2021-05-12/racial-justice-bureau-to-fight-asian-racism-extremism\"> discriminatory law enforcement\u003c/a> and \u003ca href=\"https://calmatters.org/justice/2022/06/police-shootings-unarmed-civilians/\">police shootings of unarmed civilians\u003c/a>.\u003c/p>\n\u003cp>Just last month, Bonta announced the \u003ca href=\"https://calmatters.org/newsletters/2022/09/california-attorney-general-gun-violence/\">creation of a new office\u003c/a> tasked with researching and disseminating gun violence prevention tactics. The office still only exists on paper, but the proposal itself says a lot about Bonta’s view of his office’s expansive domain. For a department known for its prosecutors and its gun-toting officers, academic research is an unusual pivot.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And as Los Angeles weathers \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/10/california-pig-law-supreme-court/\">scandal\u003c/a> after \u003ca href=\"https://www.latimes.com/california/story/2022-09-20/kuehl-warrant-order\">scandal\u003c/a>, Bonta has now stepped in in lieu of local prosecutors, announcing that his office will investigate potential voting rights violations during \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/10/la-city-council-racism-redistricting/\">the local redistricting process\u003c/a>, a subject at the center of racist conversations that forced the \u003ca href=\"https://www.latimes.com/california/story/2022-10-12/la-me-nury-martinez-resigns\">City Council president to resign Wednesday\u003c/a>.\u003c/p>\n\u003cp>Bonta, who visited CalMatters’ office for an hour-long interview this week, said he’s never been one to limit himself to just a handful of issues.\u003c/p>\n\u003cp>Early in his political career, he said he was told to “focus on a handful of things — maybe one, two or three — make those your signature issues, get known for those and make a difference there,” he said. “I’ve never, ever followed that advice.”\u003c/p>\n\u003cp>It’s a contrast with Bonta’s opponent in the November 8 \u003ca href=\"https://calmatters.org/california-voter-guide-2022/attorney-general/\">race for attorney general\u003c/a>, former federal prosecutor and longtime defense attorney \u003ca href=\"https://calmatters.org/california-voter-guide-2022/attorney-general/nathan-hochman/\">Nathan Hochman\u003c/a>. A Republican from Los Angeles, Hochman has spent the campaign\u003ca href=\"https://calmatters.org/politics/2022/04/nathan-hochman-california-attorney-general/\"> stressing his apolitical instincts\u003c/a> and his emphasis on criminal enforcement.\u003c/p>\n\u003cp>Bonta, a former state Assemblymember who is now asking voters to elect him to his current position for the first time, embraces the notion that the attorney general’s work isn’t just done in the courtroom, but in the Legislature and the political arena, too.\u003c/p>\n\u003cp>Here are five other highlights from our conversation with Bonta.\u003c/p>\n\u003ch2>1. Housing: ‘Not optional’\u003c/h2>\n\u003cp>Few areas of the law bear Bonta’s mark as indelibly as housing.\u003c/p>\n\u003cp>One of his first acts as top prosecutor was to create a “housing strike force.” That was over the \u003ca href=\"https://www.calcities.org/news/post/2021/11/04/joining-forces-not-strike-forces-needed-to-house-californians\">strenuous opposition of the League of California Cities\u003c/a>, the municipal government lobby, but something that Bonta calls one of his most significant accomplishments.\u003c/p>\n\u003cp>That strike force has already struck a handful of times. Earlier this year, Bonta threatened the cities of \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/AG%20Letter%20to%20Pasadena%20re%20SB%209%20Urgency%20Ordinance.pdf\">Pasadena\u003c/a> and \u003ca href=\"https://calmatters.org/housing/2022/02/california-zoning-housing-podcast/\">Woodside\u003c/a> with legal action for trying to avoid \u003ca href=\"https://calmatters.org/housing/2022/04/duplex-housing-resistance/\">denser development requirements\u003c/a>. His office has thrown its legal weight behind apartment projects facing local opposition in \u003ca href=\"https://www.sfchronicle.com/eastbay/article/Why-California-s-attorney-general-weighed-into-17364584.php\">Livermore\u003c/a> and \u003ca href=\"https://voiceofsandiego.org/2022/03/30/encinitas-in-hot-water-again/\">Encinitas\u003c/a>. Just this week he rushed to the defense of a \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-files-brief-defense-homekey-program-funded-project\">supportive housing project\u003c/a> in Marin and \u003ca href=\"https://www.mercurynews.com/2022/10/10/new-limits-recommended-for-building-homes-in-high-risk-wildfire-areas-in-california/\">rolled out new guidelines\u003c/a> for development in the wildfire-prone areas. Those development recommendations lack legal force, but they reinforce his office’s unprecedented emphasis on housing policy.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Though prior attorneys general in California have enforced housing laws, none has done so quite so deliberately or aggressively as Bonta. He credited his experience as a legislator in the housing-constrained Bay Area and said that his office is simply responding to the escalating severity of the affordable-housing crisis.\u003c/p>\n\u003cp>“We wanted to put a stake in the ground, to send a message to the state that there are laws in the state of California that are not optional. They must be followed, including by other governments, including cities and counties, who shouldn’t be calling themselves, wrongfully, mountain lion sanctuaries to escape the law,” said Bonta, in \u003ca href=\"https://www.almanacnews.com/news/2022/02/07/woodside-reverses-course-on-controversial-mountain-lion-moratorium-on-housing-projects\">reference to the city of Woodside\u003c/a>.\u003c/p>\n\u003cp>“People say, ‘I never thought of the AG as someone who could be involved in housing,’” he said. “We enforce all laws, not just criminal laws, but also civil laws, including housing laws.”\u003c/p>\n\u003ch2>2. Redefining ‘violent crime’\u003c/h2>\n\u003cp>In 2016, California voters passed Proposition 57 to make it easier for incarcerated people who committed nonviolent crimes to apply for early release.\u003c/p>\n\u003cp>But the law defined “violent” felonies with just \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=667.5.&lawCode=PEN\">23 offenses\u003c/a>. Missing from that list are domestic violence, human trafficking and certain types of assault and rape.\u003c/p>\n\u003cp>Conservatives have been using those omissions as a \u003ca href=\"https://kmph.com/news/local/why-opposition-voted-down-sen-groves-human-trafficking-bill-and-local-reaction-about-it\">cudgel\u003c/a> \u003ca href=\"https://calmatters.org/election-2020-guide/proposition-20-crime/\">to\u003c/a> \u003ca href=\"https://calmatters.org/politics/2022/05/anne-marie-schubert-attorney-general/\">beat\u003c/a> “criminal justice reform”-aligned Democrats ever since. In the past, Bonta has hinted at \u003ca href=\"https://twitter.com/JeremyBWhite/status/1499552457969389570?s=20&t=Uv-MYDlUPGRjjYr8jNUM6A\">possible tweaks\u003c/a> to the law that he would support.\u003c/p>\n\u003cp>In the CalMatters interview, he was more explicit: “Domestic violence, human trafficking, rape of an unconscious person, all of those should be discussed, and potentially changed.”\u003c/p>\n\u003ch2>3. Death penalty and cash bail, reconsidered\u003c/h2>\n\u003cp>Unlike Hochman, Bonta has a lengthy political record as a legislator. And it’s a telling one.\u003c/p>\n\u003cp>In 2018, he co-authored a bill to \u003ca href=\"https://calmatters.org/politics/2018/08/california-bail-reform-splinters-left/\">ban county courts from setting cash bail\u003c/a> for people awaiting trial, instead leaving the decision about whether a person should go free or not to a judge using “risk-assessment tools.” That bill was signed into law. But \u003ca href=\"https://calmatters.org/politics/california-election-2020/2020/11/what-the-failure-of-prop-25-means-for-racial-justice-in-california/\">voters nixed that idea in a 2020 referendum\u003c/a> funded by the bail bond industry.\u003c/p>\n\u003cp>That public rebuke hasn’t changed Bonta’s mind. He argued that voters may have been wary of the risk-assessment system that would have replaced the current system, which he acknowledged was “not perfect.”\u003c/p>\n\u003cp>But cash bail, he insisted, remains unpopular — and manifestly unfair.\u003c/p>\n\u003cp>“I believe that the current bail system punishes poor people for being poor, makes the jailhouse door swing open and closed based on how much money you have in your pocket, and judges you based on the size of your wallet, instead of the size of your risk,” he said.\u003c/p>\n\u003cp>While in the Assembly, Bonta also supported a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200ACA12\">proposed constitutional amendment\u003c/a> to officially end the death penalty in California. That’s despite the fact that California voters have \u003ca href=\"https://calmatters.org/politics/2022/02/california-death-penalty-end/\">repeatedly turned down that opportunity\u003c/a>, including as recently as 2016. California hasn’t executed a prisoner since 2006, and in 2019 Newsom declared a \u003ca href=\"https://calmatters.org/justice/2019/03/gavin-newsom-halts-executions-california/\">moratorium\u003c/a> on the practice.\u003c/p>\n\u003cp>Bonta said that if a capital punishment ban were to return to the ballot, he would support it. But he also stressed that, for now, his personal views do not trump current law.\u003c/p>\n\u003ch2>4. Playing a ‘dangerous game,’ but ‘responsibly’\u003c/h2>\n\u003cp>Last year, before the U.S. Supreme Court \u003ca href=\"https://calmatters.org/abortion-rights/2022/06/california-abortion-roe-ruling/\">ended the federal constitutional right to an abortion entirely\u003c/a> in June, Texas lawmakers came up with a clever way to effectively ban most abortions in the state.\u003c/p>\n\u003cp>Rather than have law enforcement enforce the restriction on ending a pregnancy after six weeks, a \u003ca href=\"https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00008F.pdf\">state law gave individual Texans the right to sue health care providers\u003c/a>, patients or anyone who “aided and abetted” an abortion, with the potential promise of a \u003ca href=\"https://calmatters.org/justice/2022/08/bounty-hunting-abortion-guns/\">$10,000 bounty\u003c/a> per violation. Because the state wasn’t enforcing the policy, the law was \u003ca href=\"https://www.scotusblog.com/2021/11/court-seems-inclined-to-let-abortion-providers-pursue-their-challenge-to-texas-law/\">harder to challenge in court\u003c/a>.\u003c/p>\n\u003cp>After the Supreme Court let the Texas law stand, Newsom clapped back, proposing a similarly structured bounty bill aimed at those who \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2021/12/texas-abortion-ban-newsom-assault-weapons/\">violate certain California gun laws\u003c/a>. Bonta, whose office \u003ca href=\"https://oag.ca.gov/system/files/attachments/press-docs/Brief%20of%20Mass.%20et%20al.%20in%2021-463%20and%2021-588.pdfA_.pdf\">vociferously opposed\u003c/a> the Texas law, helped craft the California version and was one of its most vocal public champions.\u003c/p>\n\u003cp>Reporters and commentators have described the California rejoinder as “\u003ca href=\"https://www.vox.com/2022/7/25/23277211/supreme-court-gavin-newsom-sb-8-abortion-guns-california-assault-rifle-law\">trolling\u003c/a>,” a “\u003ca href=\"https://www.thedailybeast.com/californias-new-gun-bill-is-bad-law-and-dumb-politics\">legislative stunt\u003c/a>” and a blue state’s “\u003ca href=\"https://www.wsj.com/articles/gavin-newsom-taunts-texas-on-guns-abortion-sb8-11660154256\">taunt\u003c/a>” of a conservative Supreme Court.\u003c/p>\n\u003cp>Bonta insisted that the law is an earnest effort to “save lives,” but also acknowledged that it was meant to call the high court’s bluff.\u003c/p>\n\u003cp>“We’re using it in the best way that it can be used, in a way that advances California values,” he said. “But it’s dangerous. It’s a dangerous game. We’re using it responsibly. Now others can use it like Texas, and maybe the Supreme Court will look at the landscape of how this approach is being used and try to correct it. If that happens, that’s fine, too.”\u003c/p>\n\u003ch2>5. Ready to try again on concealed carry\u003c/h2>\n\u003cp>The most high-profile setback of Bonta’s tenure to date was the failure of a bill his office wrote that would have made it more difficult for Californians to apply for the right to carry concealed firearms and that would have placed new restrictions on where they can take those guns.\u003c/p>\n\u003cp>The failed proposal was a response to another \u003ca href=\"https://calmatters.org/justice/criminal-justice/2022/06/california-gun-laws-supreme-court/\">controversial decision by the U.S. Supreme Court\u003c/a> in June. This one barred states from requiring concealed carry applicants to prove that they have a compelling need. Bonta’s proposed legislative workaround would have instead introduced “objective” restrictions, such as a prolonged training course requirement and a psychological assessment. It also designated arenas and other public gathering places and most private businesses as gun-free “sensitive” places.\u003c/p>\n\u003cp>Despite arm-twisting by Bonta himself, the \u003ca href=\"https://calmatters.org/politics/california-legislature/2022/09/california-concealed-carry-bill/\">bill died in the final hours of the legislative session\u003c/a>, the victim of law enforcement opposition, an overly confident legislative strategy and rifts within the Assembly’s Democratic ranks.\u003c/p>\n\u003cp>Bonta said his sense of urgency remains as acute as ever.\u003c/p>\n\u003cp>“There will be, and there have been, huge spikes in the number of applicants,” he said. “We believe that it’s important to have a constitutional regime that allows for those who should constitutionally have a concealed carry weapon to have (one), but to take the steps to make sure that we are doing everything constitutionally permissible to keep people safe.”\u003c/p>\n\u003cp>Bonta echoed comments made by the bill’s author, state Sen. Anthony Portantino, a Glendale Democrat, who said that he would like to see the bill, or some version of it, introduced as soon as the next session begins in December.\u003c/p>\n\u003cp>That plan hit a possible speed bump late last month. Where California’s bill failed, a similar proposal in New York was signed into law, only for a \u003ca href=\"https://www.nytimes.com/2022/10/06/nyregion/judge-blocks-ny-gun-law.html\">federal judge to rule this month\u003c/a> that its long list of “sensitive places” is unconstitutional.\u003c/p>\n\u003cp>“So we need to look at that, and maybe it is over-broad,” Bonta said, “and we should take that to heart … and respond appropriately with any new (similar) bill.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Amid Surge in Violent Crime, Oakland Mayor Calls for a Federal Health Emergency",
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"content": "\u003cp>A rash of gun violence in Oakland should be treated as a public health crisis so the city can receive federal aid to support its violence prevention work, Mayor Libby Schaaf said Wednesday.\u003c/p>\n\u003cp>After meeting with U.S. Senator Alex Padilla, Oakland Congressmember Barbara Lee and community leaders to discuss the problem, Schaaf praised the idea of declaring a federal health emergency to bolster Medi-Cal reimbursements for violence prevention initiatives.\u003c/p>\n\u003cp>\"The federal government needs ... to declare a health emergency so that we can use health funding to do the deep violence prevention and intervention work that we know is needed, particularly as we are seeing more and more young people not only be the victims of crime but be the perpetrators of crime,\" Schaaf said.[aside postID=news_11927904 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS8295_Cropped-JPG-File-1020x680.jpg']The discussion at First AME Church in Oakland’s Mosswood neighborhood was not open to the media. But Padilla told reporters afterward that it was a timely discussion, given a recent gang-related shooting on September 28 that \u003ca href=\"https://www.kqed.org/news/11927080/six-people-wounded-at-high-school-shooting-in-oakland-oakcrime\">wounded six people at a school complex in East Oakland\u003c/a> and another shooting near UC Berkeley on October 8 \u003ca href=\"https://www.latimes.com/california/story/2022-10-08/four-men-shot-one-killed-berkeley\">that left one man dead and three others injured\u003c/a>.\u003c/p>\n\u003cp>After a decade where homicides were down to a half-century low in the 2010s, \u003ca href=\"https://www.npr.org/2021/01/06/953254623/massive-1-year-rise-in-homicide-rates-collided-with-the-pandemic-in-2020\">the whole Bay Area saw an increase in violence since the pandemic began in 2020\u003c/a>. Oakland police investigated 134 homicides in 2021 — the most since 2012 — and already this year authorities have reported 103 homicides.\u003c/p>\n\u003cp>Last month, Police Chief LeRonne L. Armstrong said group and gang violence was the predominant driver of crimes in the city. He added that officers have recovered an astounding number of firearms: 1,132 so far, compared to nearly 1,200 last year, many of which are \"ghost guns,\" which are untraceable.\u003c/p>\n\u003cp>Padilla said the federal Safer Communities Act, signed into law in June, provides hundreds of millions of dollars for community-based violence prevention initiatives like the \u003ca href=\"https://www.oaklandca.gov/projects/macro-mobile-assistance-community-responders-of-oakland\">Mobile Assistance Community Responders of Oakland Program\u003c/a>, or MACRO, which was modeled after the Eugene, Oregon, Crisis Assistance Helping Out On The Streets (CAHOOTS) model, widely recognized as a non-law enforcement mobile crisis intervention program that has seen significant success over the last 31 years.[pullquote size=\"medium\" align=\"right\" citation=\"Barbara Lee, U.S. representative\"]'Our young people deserve investments in education, jobs, housing, mental health, social and racial justice efforts and more to ensure the quality of life they deserve.'[/pullquote]The six-month-old MACRO program sends a team of crisis intervention specialists to respond to nonviolent 911 calls, helping to deescalate crises without police intervention, thereby reducing police responses to behavioral health issues so they can focus on crime instead, at a time when the OPD has been \u003ca href=\"https://www.npr.org/2021/06/24/1009578809/cops-say-low-morale-and-department-scrutiny-are-driving-them-away-from-the-job\">understaffed and overwhelmed since the start of the pandemic\u003c/a>. The city is testing the program for 18 months, limiting service to just East and West Oakland between 7 a.m. and 11 p.m., with three teams on two shifts.\u003c/p>\n\u003cp>Padilla thinks federal dollars can increase staff and expand hours and area of coverage.\u003c/p>\n\u003cp>“That’s the objective: not just trying to find those new solutions, new initiatives but looking at what has been proven, that can have a bigger impact if we’re able to scale up with more resources, hiring more teams to do the work on the ground,” he said.\u003c/p>\n\u003cp>Barbara Lee later told reporters that the closed-door conversation delved into systemic racism as one major root cause of crimes, given that a majority of victims of gun violence are Black and brown people from under-resourced communities and lower-income neighborhoods where gang violence often takes root. As a member of the House Appropriations Committee, she said she’s been working to boost federal funding for grassroots violence prevention programs that employ young people as “violence interrupters.”\u003c/p>\n\u003cp>“Our young people deserve investments in education, jobs, housing, mental health, social and racial justice efforts and more to ensure the quality of life they deserve,” she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A rash of gun violence in Oakland should be treated as a public health crisis so the city can receive federal aid to support its violence prevention work, Mayor Libby Schaaf said Wednesday.\u003c/p>\n\u003cp>After meeting with U.S. Senator Alex Padilla, Oakland Congressmember Barbara Lee and community leaders to discuss the problem, Schaaf praised the idea of declaring a federal health emergency to bolster Medi-Cal reimbursements for violence prevention initiatives.\u003c/p>\n\u003cp>\"The federal government needs ... to declare a health emergency so that we can use health funding to do the deep violence prevention and intervention work that we know is needed, particularly as we are seeing more and more young people not only be the victims of crime but be the perpetrators of crime,\" Schaaf said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The discussion at First AME Church in Oakland’s Mosswood neighborhood was not open to the media. But Padilla told reporters afterward that it was a timely discussion, given a recent gang-related shooting on September 28 that \u003ca href=\"https://www.kqed.org/news/11927080/six-people-wounded-at-high-school-shooting-in-oakland-oakcrime\">wounded six people at a school complex in East Oakland\u003c/a> and another shooting near UC Berkeley on October 8 \u003ca href=\"https://www.latimes.com/california/story/2022-10-08/four-men-shot-one-killed-berkeley\">that left one man dead and three others injured\u003c/a>.\u003c/p>\n\u003cp>After a decade where homicides were down to a half-century low in the 2010s, \u003ca href=\"https://www.npr.org/2021/01/06/953254623/massive-1-year-rise-in-homicide-rates-collided-with-the-pandemic-in-2020\">the whole Bay Area saw an increase in violence since the pandemic began in 2020\u003c/a>. Oakland police investigated 134 homicides in 2021 — the most since 2012 — and already this year authorities have reported 103 homicides.\u003c/p>\n\u003cp>Last month, Police Chief LeRonne L. Armstrong said group and gang violence was the predominant driver of crimes in the city. He added that officers have recovered an astounding number of firearms: 1,132 so far, compared to nearly 1,200 last year, many of which are \"ghost guns,\" which are untraceable.\u003c/p>\n\u003cp>Padilla said the federal Safer Communities Act, signed into law in June, provides hundreds of millions of dollars for community-based violence prevention initiatives like the \u003ca href=\"https://www.oaklandca.gov/projects/macro-mobile-assistance-community-responders-of-oakland\">Mobile Assistance Community Responders of Oakland Program\u003c/a>, or MACRO, which was modeled after the Eugene, Oregon, Crisis Assistance Helping Out On The Streets (CAHOOTS) model, widely recognized as a non-law enforcement mobile crisis intervention program that has seen significant success over the last 31 years.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The six-month-old MACRO program sends a team of crisis intervention specialists to respond to nonviolent 911 calls, helping to deescalate crises without police intervention, thereby reducing police responses to behavioral health issues so they can focus on crime instead, at a time when the OPD has been \u003ca href=\"https://www.npr.org/2021/06/24/1009578809/cops-say-low-morale-and-department-scrutiny-are-driving-them-away-from-the-job\">understaffed and overwhelmed since the start of the pandemic\u003c/a>. The city is testing the program for 18 months, limiting service to just East and West Oakland between 7 a.m. and 11 p.m., with three teams on two shifts.\u003c/p>\n\u003cp>Padilla thinks federal dollars can increase staff and expand hours and area of coverage.\u003c/p>\n\u003cp>“That’s the objective: not just trying to find those new solutions, new initiatives but looking at what has been proven, that can have a bigger impact if we’re able to scale up with more resources, hiring more teams to do the work on the ground,” he said.\u003c/p>\n\u003cp>Barbara Lee later told reporters that the closed-door conversation delved into systemic racism as one major root cause of crimes, given that a majority of victims of gun violence are Black and brown people from under-resourced communities and lower-income neighborhoods where gang violence often takes root. As a member of the House Appropriations Committee, she said she’s been working to boost federal funding for grassroots violence prevention programs that employ young people as “violence interrupters.”\u003c/p>\n\u003cp>“Our young people deserve investments in education, jobs, housing, mental health, social and racial justice efforts and more to ensure the quality of life they deserve,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"headTitle": "Disgraced LA Council Leader Resigns Amid Swelling Anger Over Racist Remarks | KQED",
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"content": "\u003cp>Former Los Angeles City Council President Nury Martinez on Wednesday announced she was resigning her seat amid recently revealed racist remarks she made last year during a closed-door meeting.\u003c/p>\n\u003cp>\u003ca href=\"https://www.latimes.com/california/story/2022-10-09/city-council-leaked-audio-nury-martinez-kevin-de-leon-gil-cedillo\">In the leaked recording\u003c/a>, which surfaced online this weekend, Martinez crudely disparaged the Black son of a white council member, among a slew of other racist snipes.\u003c/p>\n\u003cp>Her resignation statement did not mention those remarks, though in words directed at her daughter, she said: “I know I have fallen short recently of the expectations we have for our family. I vow to you that I will strive to be a better woman to make you proud.”\u003c/p>\n\u003cp>Martinez’s press release follows three days of angry protests at LA City Hall, with a growing number of local and national leaders, including President Biden, calling for her and the two other Democratic council members involved in the conversation to step down.[pullquote size=\"medium\" align=\"right\" citation=\"Mitch O'Farrell, acting president, LA City Council\"]‘For Los Angeles to heal, and for its City Council to govern, there must be accountability … I repeat my call on Councilmembers De León and Cedillo to also resign. There is no other way forward.’[/pullquote]The resignation also comes just hours after California Attorney General Rob Bonta said \u003ca href=\"https://www.latimes.com/california/story/2022-10-12/california-attorney-general-rob-bonta-redistricting-investigation-leaked-audio\">he would investigate Los Angeles’ redistricting process\u003c/a> that Martinez was discussing with fellow Councilmembers Kevin de León and Gil Cedillo, in which they schemed to protect Latino political strength in council districts. Bonta said the investigation could lead to civil liability or criminal charges, depending on what is found.\u003c/p>\n\u003cp>“It’s clear an investigation is sorely needed to help restore confidence in the redistricting process for the people of LA,” Bonta said.\u003c/p>\n\u003cp>Martinez, the first Latina to lead the Council, \u003ca href=\"https://apnews.com/article/los-angeles-city-council-nury-martinez-resignation-19571bf8ce0524dfa84b5784ce30f65d\">had stepped down as president on Monday\u003c/a> while still holding onto her seat. At the time, she said she was ashamed of her racist language, but stopped short of resigning.\u003c/p>\n\u003cp>In the recorded conversation, Martinez said that Councilmember Mike Bonin, who is white, handled his young Black son as if he were an “accessory” and said “parece changuito,” or “he’s like a monkey,” \u003ca href=\"https://www.latimes.com/california/story/2022-10-09/city-council-leaked-audio-nury-martinez-kevin-de-leon-gil-cedillo\">The Los Angeles Times reported Sunday\u003c/a>. She also referred to Bonin as a “little bitch.”\u003c/p>\n\u003cp>At another point on the hour-long recording, Martinez called Indigenous immigrants from the Mexican state of Oaxaca ugly, and made crass remarks about Jews and Armenians.\u003c/p>\n\u003cp>The council reconvened Wednesday, possibly to censure the three members, but it was unable to do business because a crowd of about 50 protesters drowned out the acting president, chanting slogans like, “No meeting without resignation.”\u003c/p>\n\u003cfigure id=\"attachment_11928686\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11928686\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1243898841-1.jpg\" alt=\"An angry crowd raise their fists in the City Hall Council chamber with a black woman in the center and foreground\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Protesters calling for the resignation of LA City Council members Nury Martinez, Kevin de León and Gil Cedillo at the Council meeting at City Hall on Tuesday. \u003ccite>(Gary Coronado/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A minimum of 10 out of 15 members necessary for a quorum had assembled, but the meeting was adjourned after one left. None of the three embattled council members showed up.\u003c/p>\n\u003cp>The Council cannot expel its own members. But acting Council President Mitch O’Farrell said that with no sign of anger subsiding, he didn’t think the body could resume its work until all three members stepped down.\u003c/p>\n\u003cp>“For Los Angeles to heal, and for its City Council to govern, there must be accountability,” he said in a statement. “I repeat my call on Councilmembers De León and Cedillo to also resign. There is no other way forward.”\u003c/p>\n\u003cp>The scene at City Hall was similarly raucous on Tuesday, when a large group of mostly African American and Latino protesters packed the Council chamber, chanting, “Resign, resign, resign,” and carrying signs with messages like “Take out the Trash” and “Shame on You!”\u003c/p>\n\u003cp>“These council members have to go! Their career needs to end,” said LA resident William Gude, one of the first to arrive that day.\u003c/p>\n\u003cp>He was joined by fellow resident Orma Mendez, who said, “We don’t need racists! We have to stand up and fight for our rights.”\u003c/p>\n\u003cp>During the session, Councilmember Bonin fought back tears when describing his reaction to the recording, and the emotional toll it had taken on his family and the city as a whole.\u003c/p>\n\u003cp>“I’m a dad who loves his son in ways that words cannot capture,” he said. “And I take a lot of hits and, hell, I know I invite a bunch of them. But my son? Man, that makes my soul bleed and it makes my temper burn. And I know I’m not alone because Los Angeles has spoken and it feels the same way.”\u003c/p>\n\u003cfigure id=\"attachment_11928688\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11928688\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1243902379-1.jpg\" alt=\"A white man in a suit with no tie wipes a tear from his eye as he stands behind a dais with people in the council chamber looking on\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">LA City Council member Mike Bonin sheds tears as he speaks about the racist comments directed toward his son during Tuesday’s council meeting. \u003ccite>(Irfan Khan/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Martinez made history in 2019 when she became the first Latina elected to the Council presidency and described herself as “a glass-ceiling shattering leader who brings profound life experience as the proud daughter of working-class immigrants” on her website. She is the daughter of Mexican immigrants and was born and raised in the San Fernando Valley.\u003c/p>\n\u003cp>The scandal and its aftermath have inevitably resurfaced a larger conversation in Los Angeles about race, politics and power. The nation’s second largest city has a long history of political alliances built on racial, religious and geographic tensions and rivalries that often spill over into housing, education, jobs and prisons.\u003c/p>\n\u003cp>There have already been discussions about expanding the city’s 15-member City Council. At its current size, each Council member represents well over a quarter of a million people. A bigger Council, like those in New York or Chicago, some argue, would make it easier for elected officials to represent LA’s kaleidoscope of communities. Some reform advocates have also pushed to reexamine how the current City Council districts were drawn up, and to consider adopting new ones.\u003c/p>\n\u003cp>“One thing is we want to evaluate the redistricting process and ensure that redistricting isn’t used for City Council members to keep their seats safe but rather to ensure that everybody’s voices are heard,” said LA resident Shekinah Deocares, who attended Tuesday’s Council meeting. “We also want to create a system of accountability to make sure things like this don’t happen again.”\u003c/p>\n\u003cp>In a statement Tuesday, Los Angeles City Attorney Mike Feuer said, “It should be clear to everyone by now that leaving the power to draw their own district lines in the hands of the politicians who stand to benefit from how those lines are drawn is a massive conflict of interest and an invitation to the sort of backroom dealing this outrageous conversation revealed.”\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Saul Gonzalez and The Associated Press.\u003c/em>\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>Former Los Angeles City Council President Nury Martinez on Wednesday announced she was resigning her seat amid recently revealed racist remarks she made last year during a closed-door meeting.\u003c/p>\n\u003cp>\u003ca href=\"https://www.latimes.com/california/story/2022-10-09/city-council-leaked-audio-nury-martinez-kevin-de-leon-gil-cedillo\">In the leaked recording\u003c/a>, which surfaced online this weekend, Martinez crudely disparaged the Black son of a white council member, among a slew of other racist snipes.\u003c/p>\n\u003cp>Her resignation statement did not mention those remarks, though in words directed at her daughter, she said: “I know I have fallen short recently of the expectations we have for our family. I vow to you that I will strive to be a better woman to make you proud.”\u003c/p>\n\u003cp>Martinez’s press release follows three days of angry protests at LA City Hall, with a growing number of local and national leaders, including President Biden, calling for her and the two other Democratic council members involved in the conversation to step down.\u003c/p>\u003c/div>",
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"content": "‘For Los Angeles to heal, and for its City Council to govern, there must be accountability … I repeat my call on Councilmembers De León and Cedillo to also resign. There is no other way forward.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The resignation also comes just hours after California Attorney General Rob Bonta said \u003ca href=\"https://www.latimes.com/california/story/2022-10-12/california-attorney-general-rob-bonta-redistricting-investigation-leaked-audio\">he would investigate Los Angeles’ redistricting process\u003c/a> that Martinez was discussing with fellow Councilmembers Kevin de León and Gil Cedillo, in which they schemed to protect Latino political strength in council districts. Bonta said the investigation could lead to civil liability or criminal charges, depending on what is found.\u003c/p>\n\u003cp>“It’s clear an investigation is sorely needed to help restore confidence in the redistricting process for the people of LA,” Bonta said.\u003c/p>\n\u003cp>Martinez, the first Latina to lead the Council, \u003ca href=\"https://apnews.com/article/los-angeles-city-council-nury-martinez-resignation-19571bf8ce0524dfa84b5784ce30f65d\">had stepped down as president on Monday\u003c/a> while still holding onto her seat. At the time, she said she was ashamed of her racist language, but stopped short of resigning.\u003c/p>\n\u003cp>In the recorded conversation, Martinez said that Councilmember Mike Bonin, who is white, handled his young Black son as if he were an “accessory” and said “parece changuito,” or “he’s like a monkey,” \u003ca href=\"https://www.latimes.com/california/story/2022-10-09/city-council-leaked-audio-nury-martinez-kevin-de-leon-gil-cedillo\">The Los Angeles Times reported Sunday\u003c/a>. She also referred to Bonin as a “little bitch.”\u003c/p>\n\u003cp>At another point on the hour-long recording, Martinez called Indigenous immigrants from the Mexican state of Oaxaca ugly, and made crass remarks about Jews and Armenians.\u003c/p>\n\u003cp>The council reconvened Wednesday, possibly to censure the three members, but it was unable to do business because a crowd of about 50 protesters drowned out the acting president, chanting slogans like, “No meeting without resignation.”\u003c/p>\n\u003cfigure id=\"attachment_11928686\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11928686\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1243898841-1.jpg\" alt=\"An angry crowd raise their fists in the City Hall Council chamber with a black woman in the center and foreground\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243898841-1-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Protesters calling for the resignation of LA City Council members Nury Martinez, Kevin de León and Gil Cedillo at the Council meeting at City Hall on Tuesday. \u003ccite>(Gary Coronado/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A minimum of 10 out of 15 members necessary for a quorum had assembled, but the meeting was adjourned after one left. None of the three embattled council members showed up.\u003c/p>\n\u003cp>The Council cannot expel its own members. But acting Council President Mitch O’Farrell said that with no sign of anger subsiding, he didn’t think the body could resume its work until all three members stepped down.\u003c/p>\n\u003cp>“For Los Angeles to heal, and for its City Council to govern, there must be accountability,” he said in a statement. “I repeat my call on Councilmembers De León and Cedillo to also resign. There is no other way forward.”\u003c/p>\n\u003cp>The scene at City Hall was similarly raucous on Tuesday, when a large group of mostly African American and Latino protesters packed the Council chamber, chanting, “Resign, resign, resign,” and carrying signs with messages like “Take out the Trash” and “Shame on You!”\u003c/p>\n\u003cp>“These council members have to go! Their career needs to end,” said LA resident William Gude, one of the first to arrive that day.\u003c/p>\n\u003cp>He was joined by fellow resident Orma Mendez, who said, “We don’t need racists! We have to stand up and fight for our rights.”\u003c/p>\n\u003cp>During the session, Councilmember Bonin fought back tears when describing his reaction to the recording, and the emotional toll it had taken on his family and the city as a whole.\u003c/p>\n\u003cp>“I’m a dad who loves his son in ways that words cannot capture,” he said. “And I take a lot of hits and, hell, I know I invite a bunch of them. But my son? Man, that makes my soul bleed and it makes my temper burn. And I know I’m not alone because Los Angeles has spoken and it feels the same way.”\u003c/p>\n\u003cfigure id=\"attachment_11928688\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11928688\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1243902379-1.jpg\" alt=\"A white man in a suit with no tie wipes a tear from his eye as he stands behind a dais with people in the council chamber looking on\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1243902379-1-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">LA City Council member Mike Bonin sheds tears as he speaks about the racist comments directed toward his son during Tuesday’s council meeting. \u003ccite>(Irfan Khan/Los Angeles Times via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Martinez made history in 2019 when she became the first Latina elected to the Council presidency and described herself as “a glass-ceiling shattering leader who brings profound life experience as the proud daughter of working-class immigrants” on her website. She is the daughter of Mexican immigrants and was born and raised in the San Fernando Valley.\u003c/p>\n\u003cp>The scandal and its aftermath have inevitably resurfaced a larger conversation in Los Angeles about race, politics and power. The nation’s second largest city has a long history of political alliances built on racial, religious and geographic tensions and rivalries that often spill over into housing, education, jobs and prisons.\u003c/p>\n\u003cp>There have already been discussions about expanding the city’s 15-member City Council. At its current size, each Council member represents well over a quarter of a million people. A bigger Council, like those in New York or Chicago, some argue, would make it easier for elected officials to represent LA’s kaleidoscope of communities. Some reform advocates have also pushed to reexamine how the current City Council districts were drawn up, and to consider adopting new ones.\u003c/p>\n\u003cp>“One thing is we want to evaluate the redistricting process and ensure that redistricting isn’t used for City Council members to keep their seats safe but rather to ensure that everybody’s voices are heard,” said LA resident Shekinah Deocares, who attended Tuesday’s Council meeting. “We also want to create a system of accountability to make sure things like this don’t happen again.”\u003c/p>\n\u003cp>In a statement Tuesday, Los Angeles City Attorney Mike Feuer said, “It should be clear to everyone by now that leaving the power to draw their own district lines in the hands of the politicians who stand to benefit from how those lines are drawn is a massive conflict of interest and an invitation to the sort of backroom dealing this outrageous conversation revealed.”\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Saul Gonzalez and The Associated Press.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "pigs-cant-fly-but-they-can-produce-tough-legal-questions-at-the-supreme-court",
"title": "Pigs Can't Fly, but They Can Produce Tough Legal Questions at the Supreme Court",
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"headTitle": "Pigs Can’t Fly, but They Can Produce Tough Legal Questions at the Supreme Court | KQED",
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"content": "\u003cp>Pigs, morality and the U.S. Constitution were all in play at the U.S. Supreme Court on Tuesday.\u003c/p>\n\u003cp>The case was about more than pigs, of course. It involves how much regulation a state may constitutionally enact when those laws have a significant effect on what happens in \u003cem>other\u003c/em> states. Tuesday’s case pitted most of the pork producers in the U.S. against a California law enacted by referendum by lopsided margins. The law bans the sale of pork in California when it is produced “inhumanely” — specifically, when the pork comes from pregnant or nursing sows confined in cages so small that the pigs cannot turn around.\u003c/p>\n\u003cp>California has fewer than 1% of the breeding pigs in the country. The state imports more than 99% of the pork meat it consumes. So the National Pork Producers Council and the American Farm Bureau Federation brought a legal challenge, contending that California’s law is unconstitutional.\u003c/p>\n\u003cp>Now that may not sound like a humdinger to a lot of readers, but the Supreme Court’s time limits on arguments seem to have flown out the window of late, and an oral argument that was scheduled for an hour and 10 minutes morphed into well over two hours on Tuesday.\u003c/p>\n\u003ch2>Pork producers argument\u003c/h2>\n\u003cp>Timothy Bishop, representing the pork producers, conceded that California could ban pork products outright in the state, but he maintained that it could not impose a state law that principally affects what happens in other states.\u003c/p>\n\u003cp>Justice Elena Kagan took issue with drawing lines that way. “If you’re thinking about costs,” she said, “California banning your produce would be the greatest cost of all.”\u003c/p>\n\u003cp>Bishop replied that the law’s main impact is “on the state where the business is located.” He noted that Iowa has 65,000 sow farms, which would be affected by the California law. What California is doing, Bishop said, is essentially trampling on Iowa’s ability to breed those sows.\u003c/p>\n\u003cp>Justice Sonia Sotomayor pointed to a brief in the case from scientists who argue that keeping sows so confined increases the likelihood of new diseases jumping from animals to humans. The policy, she reasoned, could just as legitimately be health-based, as well as morality-based.\u003c/p>\n\u003cp>Justice Amy Coney Barrett seemed dubious about the pork industry’s assertion that a state’s moral interest should have no role to play. In that vein there were many hypotheticals.\u003c/p>\n\u003cp>Supposing this case occurred prior to the end of slavery, asked Kagan. Could a state ban goods produced by enslaved people?\u003c/p>\n\u003cp>Justice Neil Gorsuch, in turn, asked why not let the market decide whether California’s law would achieve its desired results. After all, he said, there appear to be some pork producers willing and able to step in and meet California’s requirements.\u003c/p>\n\u003ch2>California’s view\u003c/h2>\n\u003cp>Defending California’s law, state Solicitor General Michael Mongan faced just as many tough questions. Chief Justice John Roberts noted a problem with morality-based regulations. “I think people in some states … that produce a lot of pork, in Iowa or North Carolina or Indiana, may think there’s a moral value in providing a low-cost source of protein to people, maybe particularly at times of rising food prices.”\u003c/p>\n\u003cp>Several justices noted that a lot of policy disputes could inspire states to wield laws like this as a sort of weapon. What, they asked, would stop Texas from banning products produced by union labor, or another state from banning fruit picked by undocumented workers, or yet another state from banning goods produced by people in a state with a lower minimum wage?\u003c/p>\n\u003cp>“We live in a divided country,” Justice Kagan observed. “The balkanization that the Framers were concerned about is surely present today … do we want to live in a world where we’re constantly at each others throats and … Texas is at war with California and California at war with Texas?\u003c/p>\n\u003cp>Justice Samuel Alito, taking aim at California’s role in the market, asked, “Is California unconcerned about all this because it is such a giant? … You can bully other states, and so you’re not really concerned about retaliation?”\u003c/p>\n\u003cp>The questions were sufficiently difficult that conservative Justice Brett Kavanaugh and liberal Justice Kagan noted that the case had come to the court at what is known as the pleadings stage, without a trial or findings of fact. That could allow the court to make a minimal decision and send the case back to the lower courts for a fuller exploration.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Pork producers went to the Supreme Court to argue that California’s regulation that bans the sale of 'inhumanely' produced pork is unconstitutional because it affects the economy of other states where the pork is produced.",
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"headline": "Pigs Can't Fly, but They Can Produce Tough Legal Questions at the Supreme Court",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Pigs, morality and the U.S. Constitution were all in play at the U.S. Supreme Court on Tuesday.\u003c/p>\n\u003cp>The case was about more than pigs, of course. It involves how much regulation a state may constitutionally enact when those laws have a significant effect on what happens in \u003cem>other\u003c/em> states. Tuesday’s case pitted most of the pork producers in the U.S. against a California law enacted by referendum by lopsided margins. The law bans the sale of pork in California when it is produced “inhumanely” — specifically, when the pork comes from pregnant or nursing sows confined in cages so small that the pigs cannot turn around.\u003c/p>\n\u003cp>California has fewer than 1% of the breeding pigs in the country. The state imports more than 99% of the pork meat it consumes. So the National Pork Producers Council and the American Farm Bureau Federation brought a legal challenge, contending that California’s law is unconstitutional.\u003c/p>\n\u003cp>Now that may not sound like a humdinger to a lot of readers, but the Supreme Court’s time limits on arguments seem to have flown out the window of late, and an oral argument that was scheduled for an hour and 10 minutes morphed into well over two hours on Tuesday.\u003c/p>\n\u003ch2>Pork producers argument\u003c/h2>\n\u003cp>Timothy Bishop, representing the pork producers, conceded that California could ban pork products outright in the state, but he maintained that it could not impose a state law that principally affects what happens in other states.\u003c/p>\n\u003cp>Justice Elena Kagan took issue with drawing lines that way. “If you’re thinking about costs,” she said, “California banning your produce would be the greatest cost of all.”\u003c/p>\n\u003cp>Bishop replied that the law’s main impact is “on the state where the business is located.” He noted that Iowa has 65,000 sow farms, which would be affected by the California law. What California is doing, Bishop said, is essentially trampling on Iowa’s ability to breed those sows.\u003c/p>\n\u003cp>Justice Sonia Sotomayor pointed to a brief in the case from scientists who argue that keeping sows so confined increases the likelihood of new diseases jumping from animals to humans. The policy, she reasoned, could just as legitimately be health-based, as well as morality-based.\u003c/p>\n\u003cp>Justice Amy Coney Barrett seemed dubious about the pork industry’s assertion that a state’s moral interest should have no role to play. In that vein there were many hypotheticals.\u003c/p>\n\u003cp>Supposing this case occurred prior to the end of slavery, asked Kagan. Could a state ban goods produced by enslaved people?\u003c/p>\n\u003cp>Justice Neil Gorsuch, in turn, asked why not let the market decide whether California’s law would achieve its desired results. After all, he said, there appear to be some pork producers willing and able to step in and meet California’s requirements.\u003c/p>\n\u003ch2>California’s view\u003c/h2>\n\u003cp>Defending California’s law, state Solicitor General Michael Mongan faced just as many tough questions. Chief Justice John Roberts noted a problem with morality-based regulations. “I think people in some states … that produce a lot of pork, in Iowa or North Carolina or Indiana, may think there’s a moral value in providing a low-cost source of protein to people, maybe particularly at times of rising food prices.”\u003c/p>\n\u003cp>Several justices noted that a lot of policy disputes could inspire states to wield laws like this as a sort of weapon. What, they asked, would stop Texas from banning products produced by union labor, or another state from banning fruit picked by undocumented workers, or yet another state from banning goods produced by people in a state with a lower minimum wage?\u003c/p>\n\u003cp>“We live in a divided country,” Justice Kagan observed. “The balkanization that the Framers were concerned about is surely present today … do we want to live in a world where we’re constantly at each others throats and … Texas is at war with California and California at war with Texas?\u003c/p>\n\u003cp>Justice Samuel Alito, taking aim at California’s role in the market, asked, “Is California unconcerned about all this because it is such a giant? … You can bully other states, and so you’re not really concerned about retaliation?”\u003c/p>\n\u003cp>The questions were sufficiently difficult that conservative Justice Brett Kavanaugh and liberal Justice Kagan noted that the case had come to the court at what is known as the pleadings stage, without a trial or findings of fact. That could allow the court to make a minimal decision and send the case back to the lower courts for a fuller exploration.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>KQED scored a historic legal victory Tuesday when the U.S. Supreme Court declined to consider an effort to block the release of videotapes from the 2010 federal trial in San Francisco that ultimately led to the legalization of same-sex marriage in California.\u003c/p>\n\u003cp>Tuesday's decision is the culmination of a 12-year legal effort that began in 2009 when a media coalition led by KQED sought to have the trial broadcast. In 2017 KQED asked the Northern District of California to unseal the trial tapes, arguing that the recordings were a vital part of the public record in a historic legal case. While the court did not agree to immediately release the tapes, it ordered them to be unsealed on Aug. 12, 2020 — 10 years after the case closed. In declining to hear an appeal of lower court rulings, the Supreme Court effectively cleared the way for the tapes to be released.\u003c/p>\n\u003cp>“After today’s ruling by the U.S. Supreme Court, the public will finally be able to watch the testimony that Judge Vaughn Walker considered in deciding that same-sex couples have the right to marry,\" said Thomas R. Burke, KQED's attorney. \"There’s no doubt that the video will become a valuable instrument to educate the public about this historic moment.”\u003c/p>\n\u003cp>\"Great news! Love wins again and now, so does transparency,\" said Jeff Zarillo, one of the original plaintiffs in the case.\u003c/p>\n\u003cp>Holly Kernan, KQED's chief content officer, agreed. \"If our systems work behind closed doors, with no press or public access, we have no idea how decisions are made, nor what arguments are leading to these decisions,\" she said. \"KQED wants more sunlight on our legal system and we will fight on behalf of the public to get that access.\" \u003c/p>\n\u003cp>[aside postID=\"news_11919970,news_11922040\" label=\"Related Posts\"]Supporters of Proposition 8 – a California ballot proposition passed by voters in 2008 that would have banned same-sex marriage in the state – previously appealed to the 9th Circuit Court of Appeals, seeking to have the tapes sealed permanently.\u003c/p>\n\u003cp>That court dismissed that request, saying the petitioners lacked legal standing for their appeal. The court also batted away the contention that unsealing the tapes would lead to harm or harassment of anyone directly involved in the trial and confirmed the lower court’s decision to unseal the tapes.\u003c/p>\n\u003cp>In a last-ditch effort to keep the tapes sealed, Proposition 8 proponents asked the Supreme Court to take up the case. In their \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/219553/20220328101818830_Hollingsworth%20v.%20Perry%20Petition.pdf\">March 28, 2022 petition\u003c/a>, attorneys for Proposition 8 said the court's intervention was needed to \"prevent a grievous injury\" to the ballot measure's backers and to \"the integrity of the federal judiciary.\"\u003c/p>\n\u003cp>This entire issue began over 12 years ago, when Judge Vaughn R. Walker, the federal court judge who presided over the 2010 Perry v. Schwarzenegger trial, announced that he wanted the entire proceeding to be broadcast live via closed-circuit television with viewing in federal courthouses in San Francisco, Pasadena, Seattle and Portland, Oregon.\u003c/p>\n\u003cp>That would have made Perry v. Schwarzenegger the first federal trial to be broadcast and recorded, with videotapes to be made available for later viewing on YouTube.\u003c/p>\n\u003cp>But the Proposition 8 defense team objected as the bench trial was starting and the Supreme Court intervened, stopping the live broadcast before it began. The court said Walker failed to go through the appropriate process for getting approval for such a broadcast.\u003c/p>\n\u003cp>Over objections from Proposition 8 attorneys, Walker said he would videotape the trial anyway for personal use in his chambers to help him write the decision, which ultimately struck down Proposition 8.\u003c/p>\n\u003cp>Responding to the Supreme Court's refusal to take up the case and allow the lower court rulings to stand, Walker, who is now retired from the bench, said the justices did the right thing.\u003c/p>\n\u003cp>\"With everything else going on in the world, not weighing in on this issue was an easy decision,\" said Walker. He added that the format of the Prop. 8 trial, with its expert witnesses providing testimony about the history, economics, sociology and psychology of gender roles and same-sex marriage could be a blueprint for judges in other controversial issues, including abortion.\u003c/p>\n\u003cp>\"It was testimony by people who understood the whole panoply which gender plays in our society and in personal relationships,\" Walker said. \"Trials reveal things that simply cannot come out when you're scratching through old dusty books and records of the long past. And I think there are going to be many enactments affecting the abortion rights in the various states in the wake of the Dobbs decision.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In seeking to block release of the videotapes, attorneys for the ballot measure's proponents argued to the Supreme Court that Walker \"solemnly promised\" in court that the tapes would not be made public, and that doing so now would undermine public faith in the courts.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/226576/20220531111532780_Hollingsworth%20v.%20Perry%20--%20Brief%20in%20Opp.pdf\">response brief (PDF)\u003c/a>, attorneys for KQED argued that there was never a promise to keep the trial tapes sealed beyond 10 years and that Proposition 8 supporters failed to demonstrate any concrete injury that would come from releasing them.\u003c/p>\n\u003cp>Kris Perry, one of the original plaintiffs along with her partner Sandy Stier, said release of the tapes was long overdue.\u003c/p>\n\u003cp>\"Since the 2010 ruling striking down Proposition 8, we have fought to have the video record of our historic trial shared with the public,\" Perry said. \"There is no more important time to expose the discriminatory rhetoric of proponents and the courage of the experts, attorneys and plaintiffs in standing up against hate. Even though it's been 12 years since our ruling, we know the fight for marriage equality and many other basic civil rights is still essential and this video shows the evidence for why.\"\u003c/p>\n\u003cp>The 2009 lawsuit filed by supporters of same-sex marriage against Proposition 8 was considered risky by some progressive legal groups, which worried that a setback in federal court could take decades to undo.\u003c/p>\n\u003cp>The trial gained national attention, in part because the legal team seeking to have Proposition 8 struck down was led by conservative Theodore Olson and liberal David Boies, who were on \u003cem>opposite\u003c/em> sides of the infamous Bush v. Gore case following the disputed 2000 presidential election.\u003c/p>\n\u003cp>The three-week trial in 2010 considered a wide range of issues, including the history of marriage, the political power of the LGBTQ+ community, the social and psychological harm of so-called \"conversion therapy\" and how the plaintiffs and their children were personally affected by being denied the right to marry.\u003c/p>\n\u003cp>\u003ca href=\"https://scholar.google.com/scholar_case?case=1984506746130471324&q=Perry+vs.+Schwarzenegger&hl=en&as_sdt=2006\">Judge Walker's decision in August 2010\u003c/a> struck down \u003cspan style=\"font-weight: 400\">Proposition\u003c/span> 8 on the basis that it violated the due process and equal protection clauses of the 14th Amendment, saying California had no rational interest in denying marriage licenses to gay and lesbian couples. The decision was later upheld in a 2-1 decision by the Ninth Circuit Court of Appeals. In 2013, the Supreme Court declined to take up the case, ruling narrowly that \u003cspan style=\"font-weight: 400\">Proposition \u003c/span>8 supporters lacked legal standing to appeal the lower court decisions, which opened the way for same-sex marriages to resume in California after a five-year hiatus.\u003c/p>\n\u003cp>Hollingsworth v. Perry et al was one of dozens of cases \"denied certiorari\" or denied review by the court today.\u003c/p>\n\u003cp>When asked before Tuesday's decision when the trial tapes would be made available, a spokesperson for the courts said \"we will work with the judge in the underlying case to make them available promptly. They'll be posted on a publicly available site.\" No additional details were given.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>KQED scored a historic legal victory Tuesday when the U.S. Supreme Court declined to consider an effort to block the release of videotapes from the 2010 federal trial in San Francisco that ultimately led to the legalization of same-sex marriage in California.\u003c/p>\n\u003cp>Tuesday's decision is the culmination of a 12-year legal effort that began in 2009 when a media coalition led by KQED sought to have the trial broadcast. In 2017 KQED asked the Northern District of California to unseal the trial tapes, arguing that the recordings were a vital part of the public record in a historic legal case. While the court did not agree to immediately release the tapes, it ordered them to be unsealed on Aug. 12, 2020 — 10 years after the case closed. In declining to hear an appeal of lower court rulings, the Supreme Court effectively cleared the way for the tapes to be released.\u003c/p>\n\u003cp>“After today’s ruling by the U.S. Supreme Court, the public will finally be able to watch the testimony that Judge Vaughn Walker considered in deciding that same-sex couples have the right to marry,\" said Thomas R. Burke, KQED's attorney. \"There’s no doubt that the video will become a valuable instrument to educate the public about this historic moment.”\u003c/p>\n\u003cp>\"Great news! Love wins again and now, so does transparency,\" said Jeff Zarillo, one of the original plaintiffs in the case.\u003c/p>\n\u003cp>Holly Kernan, KQED's chief content officer, agreed. \"If our systems work behind closed doors, with no press or public access, we have no idea how decisions are made, nor what arguments are leading to these decisions,\" she said. \"KQED wants more sunlight on our legal system and we will fight on behalf of the public to get that access.\" \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Supporters of Proposition 8 – a California ballot proposition passed by voters in 2008 that would have banned same-sex marriage in the state – previously appealed to the 9th Circuit Court of Appeals, seeking to have the tapes sealed permanently.\u003c/p>\n\u003cp>That court dismissed that request, saying the petitioners lacked legal standing for their appeal. The court also batted away the contention that unsealing the tapes would lead to harm or harassment of anyone directly involved in the trial and confirmed the lower court’s decision to unseal the tapes.\u003c/p>\n\u003cp>In a last-ditch effort to keep the tapes sealed, Proposition 8 proponents asked the Supreme Court to take up the case. In their \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/219553/20220328101818830_Hollingsworth%20v.%20Perry%20Petition.pdf\">March 28, 2022 petition\u003c/a>, attorneys for Proposition 8 said the court's intervention was needed to \"prevent a grievous injury\" to the ballot measure's backers and to \"the integrity of the federal judiciary.\"\u003c/p>\n\u003cp>This entire issue began over 12 years ago, when Judge Vaughn R. Walker, the federal court judge who presided over the 2010 Perry v. Schwarzenegger trial, announced that he wanted the entire proceeding to be broadcast live via closed-circuit television with viewing in federal courthouses in San Francisco, Pasadena, Seattle and Portland, Oregon.\u003c/p>\n\u003cp>That would have made Perry v. Schwarzenegger the first federal trial to be broadcast and recorded, with videotapes to be made available for later viewing on YouTube.\u003c/p>\n\u003cp>But the Proposition 8 defense team objected as the bench trial was starting and the Supreme Court intervened, stopping the live broadcast before it began. The court said Walker failed to go through the appropriate process for getting approval for such a broadcast.\u003c/p>\n\u003cp>Over objections from Proposition 8 attorneys, Walker said he would videotape the trial anyway for personal use in his chambers to help him write the decision, which ultimately struck down Proposition 8.\u003c/p>\n\u003cp>Responding to the Supreme Court's refusal to take up the case and allow the lower court rulings to stand, Walker, who is now retired from the bench, said the justices did the right thing.\u003c/p>\n\u003cp>\"With everything else going on in the world, not weighing in on this issue was an easy decision,\" said Walker. He added that the format of the Prop. 8 trial, with its expert witnesses providing testimony about the history, economics, sociology and psychology of gender roles and same-sex marriage could be a blueprint for judges in other controversial issues, including abortion.\u003c/p>\n\u003cp>\"It was testimony by people who understood the whole panoply which gender plays in our society and in personal relationships,\" Walker said. \"Trials reveal things that simply cannot come out when you're scratching through old dusty books and records of the long past. And I think there are going to be many enactments affecting the abortion rights in the various states in the wake of the Dobbs decision.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In seeking to block release of the videotapes, attorneys for the ballot measure's proponents argued to the Supreme Court that Walker \"solemnly promised\" in court that the tapes would not be made public, and that doing so now would undermine public faith in the courts.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-1304/226576/20220531111532780_Hollingsworth%20v.%20Perry%20--%20Brief%20in%20Opp.pdf\">response brief (PDF)\u003c/a>, attorneys for KQED argued that there was never a promise to keep the trial tapes sealed beyond 10 years and that Proposition 8 supporters failed to demonstrate any concrete injury that would come from releasing them.\u003c/p>\n\u003cp>Kris Perry, one of the original plaintiffs along with her partner Sandy Stier, said release of the tapes was long overdue.\u003c/p>\n\u003cp>\"Since the 2010 ruling striking down Proposition 8, we have fought to have the video record of our historic trial shared with the public,\" Perry said. \"There is no more important time to expose the discriminatory rhetoric of proponents and the courage of the experts, attorneys and plaintiffs in standing up against hate. Even though it's been 12 years since our ruling, we know the fight for marriage equality and many other basic civil rights is still essential and this video shows the evidence for why.\"\u003c/p>\n\u003cp>The 2009 lawsuit filed by supporters of same-sex marriage against Proposition 8 was considered risky by some progressive legal groups, which worried that a setback in federal court could take decades to undo.\u003c/p>\n\u003cp>The trial gained national attention, in part because the legal team seeking to have Proposition 8 struck down was led by conservative Theodore Olson and liberal David Boies, who were on \u003cem>opposite\u003c/em> sides of the infamous Bush v. Gore case following the disputed 2000 presidential election.\u003c/p>\n\u003cp>The three-week trial in 2010 considered a wide range of issues, including the history of marriage, the political power of the LGBTQ+ community, the social and psychological harm of so-called \"conversion therapy\" and how the plaintiffs and their children were personally affected by being denied the right to marry.\u003c/p>\n\u003cp>\u003ca href=\"https://scholar.google.com/scholar_case?case=1984506746130471324&q=Perry+vs.+Schwarzenegger&hl=en&as_sdt=2006\">Judge Walker's decision in August 2010\u003c/a> struck down \u003cspan style=\"font-weight: 400\">Proposition\u003c/span> 8 on the basis that it violated the due process and equal protection clauses of the 14th Amendment, saying California had no rational interest in denying marriage licenses to gay and lesbian couples. The decision was later upheld in a 2-1 decision by the Ninth Circuit Court of Appeals. In 2013, the Supreme Court declined to take up the case, ruling narrowly that \u003cspan style=\"font-weight: 400\">Proposition \u003c/span>8 supporters lacked legal standing to appeal the lower court decisions, which opened the way for same-sex marriages to resume in California after a five-year hiatus.\u003c/p>\n\u003cp>Hollingsworth v. Perry et al was one of dozens of cases \"denied certiorari\" or denied review by the court today.\u003c/p>\n\u003cp>When asked before Tuesday's decision when the trial tapes would be made available, a spokesperson for the courts said \"we will work with the judge in the underlying case to make them available promptly. They'll be posted on a publicly available site.\" No additional details were given.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">People in Oakland are hurting. They’ve lost loved ones. They’ve seen people shot and killed. After a decade where homicides were down to a half-century low in the 2010s, the pandemic hit, and the whole Bay Area has seen an increase in violence. In Oakland, homicides were up more than 50% in 2021, with more than 100 murders for the first time in a decade. This year’s even worse.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On Wednesday, \u003ca href=\"https://www.nbcbayarea.com/news/local/east-bay/oakland-police-100-homicide/3020139/\">a 60-year-old man was gunned down\u003c/a> near DeFremery Park in West Oakland, marking the city’s 100th homicide of the year. The shooting comes amid a surge of shocking, violent incidents in recent weeks, including \u003c/span>\u003ca href=\"https://www.kqed.org/news/11927541/humble-and-joyous-berkeley-high-community-mourns-teenage-brothers-killed-in-weekend-house-party-shooting-oakcrime\">\u003cspan style=\"font-weight: 400\">two Berkeley High School students — and brothers — killed at a birthday party\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">; \u003c/span>\u003ca href=\"https://www.kqed.org/news/11927080/six-people-wounded-at-high-school-shooting-in-oakland-oakcrime\">\u003cspan style=\"font-weight: 400\">six adults shot at an Oakland school\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">; \u003c/span>\u003ca href=\"https://www.cbsnews.com/sanfrancisco/news/oakland-violence-muslim-community-shaken-fatal-shooting-near-islamic-center-mosque/\">\u003cspan style=\"font-weight: 400\">two men killed in front of their mosque\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">; and \u003c/span>\u003ca href=\"https://abc7news.com/oakland-shooting-city-hall-broadway-14th-street/12244256/\">\u003cspan style=\"font-weight: 400\">one person killed, and another injured, during a midday shooting outside City Hall\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, where a City Council meeting was in session.[aside label='Related Coverage' tag='homicide']\u003c/span>\u003cspan style=\"font-weight: 400\">“What we’re facing is … an ugly, perfect storm of conditions that all of urban America is facing,” said Guillermo Cespedes, Oakland’s violence prevention chief, who joined Oakland Mayor Libby Schaaf and Police Chief LeRonne Armstrong on KQED’s Forum this week.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf, who ends her tenure as mayor this year after serving two terms, lamented the alarming increase in bloodshed in her city. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s just heartbreaking, because it really felt like Oakland had turned the corner by utilizing Ceasefire,” said Schaaf, referring to \u003c/span>\u003ca href=\"https://www.justice.gov/usao-ndca/operation-ceasefire-and-safe-community-partnership\">\u003cspan style=\"font-weight: 400\">Operation Ceasefire\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, a multipronged approach to reducing street violence through direct interventions and access to city services. “That very comprehensive kind of carrot-and-stick approach of Ceasefire had really created what many people called the Oakland Miracle. We were recognized nationally as having one of the most dramatic and sustained reductions in gun violence that any city (has) ever achieved. And that all went out the window with COVID.”\u003c/span>\u003c/p>\n\u003ch2>Wave of violence\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">In fact, homicides were at a 50-year low in the Bay Area throughout much of the 2010s. But the pandemic ushered in a new wave of violence across the region and the country, one that has hit Oakland particularly hard and has yet to recede. Homicides in the city were \u003c/span>\u003ca href=\"https://sfist.com/2021/09/03/oakland-police-chief-releases-soaring-new-crime-stats-asks-the-public-for-help/\">\u003cspan style=\"font-weight: 400\">up more than 50% in 2021\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, when the number of murders peaked at 100 for the first time in a decade. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf attributed the alarming rise to various factors, including the slowdown of the court system; gang recruitment of “younger and younger juveniles who \u003cspan data-pm-slice='1 1 [\"paragraph-wrapper\",null,\"paragraph\",{\"id\":\"p14-0\"}]'>get treated quite differently in our court system,” which, she adds “has not yet adjusted to our new reality”;\u003c/span> and the dramatic decrease in police staffing as a result of “exhaustion over COVID and the defund sentiment in Oakland” that, she said, has affected the enforcement of Ceasefire.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“And I think we also have to address the fact that all of us are left a little bit vulnerable mental health-wise since the pandemic,” added Cespedes. “Arguments that before would be settled with words now may take a fistfight or even a gunfight.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Many of the Oakland residents who called in to Forum conveyed a sense of fear and exasperation, some angrily accusing city leaders and law enforcement of failing to stem the violence. \u003c/span>\u003c/p>\n\u003ch2>‘Sick and tired of being sick and tired’\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I’m calling because I’m sick and tired of being sick and tired,” said one caller, who introduced herself as Dee, urging officials to turn their words into actions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I’m a taxpaying citizen in Oakland. My kid, I can’t even let her go outside. How can I be in a city where I can’t even drive down the street without the fear of somebody putting a gun to my head?” Dee said.[pullquote size=\"medium\" align=\"right\" citation=\"Libby Schaaf, mayor of Oakland\"]‘The grief and trauma that people are experiencing right now is at an all-time high … We can talk about what we’ve done. We can also even talk about data that shows impact, but that does not in any way take away from the importance of that sentiment of how people are feeling right now.’[/pullquote]\u003c/span>\u003cspan style=\"font-weight: 400\">Armstrong, the police chief, said much of the violence could be attributed to “homegrown groups and gangs from Oakland.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“But we have, as of late, experienced a lot of violence related to San Francisco gangs and groups — from as far as Antioch, Vallejo — that have come over to Oakland and committed several violent acts,” he said. Armstrong also noted the influence of \u003ca href=\"https://www.oaklandca.gov/topics/stop-sex-trafficking-in-oakland\">human trafficking\u003c/a>, adding that his department was working closely with the district attorney and the FBI on dealing with the issue. \u003c/span>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">“Human trafficking not only impacts Oakland but the entire Western region,” said Armstrong. “We know that there are those that come to Oakland specifically to traffic.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Human trafficking — the buying and selling of people for sex or labor — has been one of the drivers of gang violence that \u003c/span>\u003ca href=\"https://www.oakgov.com/health/partnerships/humantrafficking/Pages/default.aspx\">\u003cspan style=\"font-weight: 400\">Oakland has been trying to combat with various initiatives\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003ch2>Too many guns\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">But the biggest issue that all three city leaders touched on was the proliferation of guns.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The number of households that bought guns increased by 18% during the pandemic. … More people, more guns,” said Cespedes. “This is a battle that Oakland is waging, and we need help.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Armstrong also noted the increase in “ghost guns,” a term for firearms that can be easily constructed from kits, and that are untraceable. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I mean, just yesterday, we recovered four of those guns from one individual,” he said, adding that the OPD has “already recovered over 1,150 firearms so far this year, which is a 34% increase compared to last year,” saying that a significant number of these firearms have been ghost guns.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“While this spike in Oakland has been historic for us, believe it or not, it matches the national average,” Schaaf said, faulting federal leaders for failing to stop the proliferation of firearms. “We have never seen so many illegal guns on our streets and the failure of the federal government to ban assault weapons, as well as the equipment that turns regular guns into assault weapons, (and) to invest adequately in mental health, conflict resolution, the mental state of people, especially our young people. … These are failures at the federal level.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">An emergency medicine resident physician named Henry at Highland Hospital in Oakland wrote in, “I’ve seen a shocking increase in nonfatal violence, gunshot wounds, stabbings, assaults. Many of these injuries are to people who are simply caught in the crossfire.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Many callers seemed unconvinced that police and local leaders were taking the appropriate steps to rein in a situation they described as spiraling out of control. \u003c/span>\u003c/p>\n\u003ch2>‘How people are feeling right now’\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Another caller, Marisol, said her East Oakland neighborhood, despite having among the highest number of shootings in the city, is generally neglected by police, adding that she doesn’t see the “impact of any of the dollars in our communities.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf acknowledged that “the grief and trauma that people are experiencing right now is at an all-time high.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We can talk about what we’ve done, we can also even talk about data that shows impact … but that does not in any way take away from the importance of that sentiment of how people are feeling right now,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf pledged to improve communication with the public about efforts the city is making to address violent crime, while also aiming to make better use of available crime-fighting technology, like license plate readers, and to strengthen coordination efforts among various city agencies and community groups. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I think we as a city need to do a much better job of communicating what we are doing,” she said. “We recently did a survey of Oakland residents and I was surprised to see that that was one of the top responses that would make people feel like the city of Oakland was going in a good direction: simply knowing more about what city government is doing.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She added, “I do always think that we’ve got to have the long view. As much as this moment feels so unsettling, to continue to invest in our children, to teach them the social and emotional skills that they need to navigate these difficult times with a sense of safety, with a sense of hope for their future.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[ad fullwidth]\u003c/span>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "As Oakland sees an unprecedented rise in violent crime, Mayor Libby Schaaf, Police Chief LeRonne Armstrong and Violence Prevention Chief Guillermo Cespedes joined host Alexis Madrigal on KQED's Forum to discuss the situation.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">People in Oakland are hurting. They’ve lost loved ones. They’ve seen people shot and killed. After a decade where homicides were down to a half-century low in the 2010s, the pandemic hit, and the whole Bay Area has seen an increase in violence. In Oakland, homicides were up more than 50% in 2021, with more than 100 murders for the first time in a decade. This year’s even worse.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On Wednesday, \u003ca href=\"https://www.nbcbayarea.com/news/local/east-bay/oakland-police-100-homicide/3020139/\">a 60-year-old man was gunned down\u003c/a> near DeFremery Park in West Oakland, marking the city’s 100th homicide of the year. The shooting comes amid a surge of shocking, violent incidents in recent weeks, including \u003c/span>\u003ca href=\"https://www.kqed.org/news/11927541/humble-and-joyous-berkeley-high-community-mourns-teenage-brothers-killed-in-weekend-house-party-shooting-oakcrime\">\u003cspan style=\"font-weight: 400\">two Berkeley High School students — and brothers — killed at a birthday party\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">; \u003c/span>\u003ca href=\"https://www.kqed.org/news/11927080/six-people-wounded-at-high-school-shooting-in-oakland-oakcrime\">\u003cspan style=\"font-weight: 400\">six adults shot at an Oakland school\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">; \u003c/span>\u003ca href=\"https://www.cbsnews.com/sanfrancisco/news/oakland-violence-muslim-community-shaken-fatal-shooting-near-islamic-center-mosque/\">\u003cspan style=\"font-weight: 400\">two men killed in front of their mosque\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">; and \u003c/span>\u003ca href=\"https://abc7news.com/oakland-shooting-city-hall-broadway-14th-street/12244256/\">\u003cspan style=\"font-weight: 400\">one person killed, and another injured, during a midday shooting outside City Hall\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, where a City Council meeting was in session.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003cspan style=\"font-weight: 400\">“What we’re facing is … an ugly, perfect storm of conditions that all of urban America is facing,” said Guillermo Cespedes, Oakland’s violence prevention chief, who joined Oakland Mayor Libby Schaaf and Police Chief LeRonne Armstrong on KQED’s Forum this week.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf, who ends her tenure as mayor this year after serving two terms, lamented the alarming increase in bloodshed in her city. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s just heartbreaking, because it really felt like Oakland had turned the corner by utilizing Ceasefire,” said Schaaf, referring to \u003c/span>\u003ca href=\"https://www.justice.gov/usao-ndca/operation-ceasefire-and-safe-community-partnership\">\u003cspan style=\"font-weight: 400\">Operation Ceasefire\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, a multipronged approach to reducing street violence through direct interventions and access to city services. “That very comprehensive kind of carrot-and-stick approach of Ceasefire had really created what many people called the Oakland Miracle. We were recognized nationally as having one of the most dramatic and sustained reductions in gun violence that any city (has) ever achieved. And that all went out the window with COVID.”\u003c/span>\u003c/p>\n\u003ch2>Wave of violence\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">In fact, homicides were at a 50-year low in the Bay Area throughout much of the 2010s. But the pandemic ushered in a new wave of violence across the region and the country, one that has hit Oakland particularly hard and has yet to recede. Homicides in the city were \u003c/span>\u003ca href=\"https://sfist.com/2021/09/03/oakland-police-chief-releases-soaring-new-crime-stats-asks-the-public-for-help/\">\u003cspan style=\"font-weight: 400\">up more than 50% in 2021\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, when the number of murders peaked at 100 for the first time in a decade. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf attributed the alarming rise to various factors, including the slowdown of the court system; gang recruitment of “younger and younger juveniles who \u003cspan data-pm-slice='1 1 [\"paragraph-wrapper\",null,\"paragraph\",{\"id\":\"p14-0\"}]'>get treated quite differently in our court system,” which, she adds “has not yet adjusted to our new reality”;\u003c/span> and the dramatic decrease in police staffing as a result of “exhaustion over COVID and the defund sentiment in Oakland” that, she said, has affected the enforcement of Ceasefire.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“And I think we also have to address the fact that all of us are left a little bit vulnerable mental health-wise since the pandemic,” added Cespedes. “Arguments that before would be settled with words now may take a fistfight or even a gunfight.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Many of the Oakland residents who called in to Forum conveyed a sense of fear and exasperation, some angrily accusing city leaders and law enforcement of failing to stem the violence. \u003c/span>\u003c/p>\n\u003ch2>‘Sick and tired of being sick and tired’\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I’m calling because I’m sick and tired of being sick and tired,” said one caller, who introduced herself as Dee, urging officials to turn their words into actions. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I’m a taxpaying citizen in Oakland. My kid, I can’t even let her go outside. How can I be in a city where I can’t even drive down the street without the fear of somebody putting a gun to my head?” Dee said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003cspan style=\"font-weight: 400\">Armstrong, the police chief, said much of the violence could be attributed to “homegrown groups and gangs from Oakland.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“But we have, as of late, experienced a lot of violence related to San Francisco gangs and groups — from as far as Antioch, Vallejo — that have come over to Oakland and committed several violent acts,” he said. Armstrong also noted the influence of \u003ca href=\"https://www.oaklandca.gov/topics/stop-sex-trafficking-in-oakland\">human trafficking\u003c/a>, adding that his department was working closely with the district attorney and the FBI on dealing with the issue. \u003c/span>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">“Human trafficking not only impacts Oakland but the entire Western region,” said Armstrong. “We know that there are those that come to Oakland specifically to traffic.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Human trafficking — the buying and selling of people for sex or labor — has been one of the drivers of gang violence that \u003c/span>\u003ca href=\"https://www.oakgov.com/health/partnerships/humantrafficking/Pages/default.aspx\">\u003cspan style=\"font-weight: 400\">Oakland has been trying to combat with various initiatives\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003ch2>Too many guns\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">But the biggest issue that all three city leaders touched on was the proliferation of guns.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The number of households that bought guns increased by 18% during the pandemic. … More people, more guns,” said Cespedes. “This is a battle that Oakland is waging, and we need help.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Armstrong also noted the increase in “ghost guns,” a term for firearms that can be easily constructed from kits, and that are untraceable. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I mean, just yesterday, we recovered four of those guns from one individual,” he said, adding that the OPD has “already recovered over 1,150 firearms so far this year, which is a 34% increase compared to last year,” saying that a significant number of these firearms have been ghost guns.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“While this spike in Oakland has been historic for us, believe it or not, it matches the national average,” Schaaf said, faulting federal leaders for failing to stop the proliferation of firearms. “We have never seen so many illegal guns on our streets and the failure of the federal government to ban assault weapons, as well as the equipment that turns regular guns into assault weapons, (and) to invest adequately in mental health, conflict resolution, the mental state of people, especially our young people. … These are failures at the federal level.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">An emergency medicine resident physician named Henry at Highland Hospital in Oakland wrote in, “I’ve seen a shocking increase in nonfatal violence, gunshot wounds, stabbings, assaults. Many of these injuries are to people who are simply caught in the crossfire.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Many callers seemed unconvinced that police and local leaders were taking the appropriate steps to rein in a situation they described as spiraling out of control. \u003c/span>\u003c/p>\n\u003ch2>‘How people are feeling right now’\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Another caller, Marisol, said her East Oakland neighborhood, despite having among the highest number of shootings in the city, is generally neglected by police, adding that she doesn’t see the “impact of any of the dollars in our communities.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf acknowledged that “the grief and trauma that people are experiencing right now is at an all-time high.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We can talk about what we’ve done, we can also even talk about data that shows impact … but that does not in any way take away from the importance of that sentiment of how people are feeling right now,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Schaaf pledged to improve communication with the public about efforts the city is making to address violent crime, while also aiming to make better use of available crime-fighting technology, like license plate readers, and to strengthen coordination efforts among various city agencies and community groups. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I think we as a city need to do a much better job of communicating what we are doing,” she said. “We recently did a survey of Oakland residents and I was surprised to see that that was one of the top responses that would make people feel like the city of Oakland was going in a good direction: simply knowing more about what city government is doing.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She added, “I do always think that we’ve got to have the long view. As much as this moment feels so unsettling, to continue to invest in our children, to teach them the social and emotional skills that they need to navigate these difficult times with a sense of safety, with a sense of hope for their future.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>",
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"title": "Reporting Sexual Misconduct in High School Can Be Traumatic. A New Position at Berkeley Unified Aims to Help",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">During her junior year at Berkeley High last fall, Ava Murakami overheard a classmate make vulgar, sexual comments about a teacher.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami was disturbed, and said the student had also made derogatory and offensive comments about women and their physical appearances. She decided to file a formal complaint through Title IX, the federal law that bans discrimination based on sexual orientation and gender identity in schools. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The intention was that I would file the report on behalf of my community, be the person who stepped up and didn’t let it keep going on forever,” she said. “I thought it would be one and done. I sign the paper, it’s done with.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But that’s not what happened. Instead, she said the process was drawn out and cryptic, and involved dozens of email exchanges. She said it was difficult to get answers on the status of her complaint, which she was told would be confidential. Then, months into the process, she learned that her name could be shared if students’ parents asked for that information. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was confused,” she said. “So I withdrew (the complaint), despite already feeling exposed.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now, as the commissioner of Women’s Rights and Equity at Berkeley High, Murakami aims to help other students avoid that experience. She hopes a newly created role in the district, called a \u003c/span>\u003ca href=\"https://www.edjoin.org/Home/DistrictJobPosting/1656192\">\u003cspan style=\"font-weight: 400\">Title IX Student Support Counselor\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, could make a difference. The district is still hiring for the position, but whoever takes on the job will provide counseling and guidance for students going through the complicated and arduous process of filing Title IX complaints. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an interview with KQED, Berkeley Superintendent Enikia Ford Morthel said she could not comment on the specifics of what occurred in that case. But she said the district is committed to making sure students and staff know what their rights are, which is part of the reason this new role was created. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s not just about the investigation itself and the outcome, it’s about, ‘How do I help you heal? How do I help you navigate while you’re in real time experiencing the fallout?,’” Ford Morthel said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The proposal for the position was initially drafted “out of pure rage” by Genevieve Mage, a yearbook advisor at Berkeley High. Mage is the same teacher who helped uncover sexual assault allegations against Matt Bissell, a former chemistry teacher at Berkeley High. A \u003ca href=\"https://www.berkeleyside.org/2021/11/23/berkeley-high-knew-about-matthew-bissell-sexual-misconduct-allegations\">Berkeleyside investigation\u003c/a> found Berkeley High knew of allegations that he sexually harassed students before he was allowed to quietly resign in 2021. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage said students turn to her for help because they trust her, but she is not paid to be a therapist, an investigator and a teacher at the same time. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11928108\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11928108\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg\" alt=\"The white facade of Berkeley High School, with the name of the school written above the entrance.\" width=\"1024\" height=\"768\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-160x120.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">The commissioner of Women’s Rights and Equity at Berkeley High School hopes the newly created role of Title IX Student Support Counselor will make a difference in helping both students and staff navigate the process of reporting sexual abuse and misconduct. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">She also saw firsthand last school year how agonizing the Title IX process can be. She says a student had threatened to rape and kill her, and the student stayed in her class for about a week after she asked for him to be removed for her safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When his behavior continued outside of her class, she filed a Title IX complaint, which she also expected to be kept confidential. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I inadvertently outed students that had come to me in confidence and told me what had happened,” she said. “You also have to imagine that I have power. I have tenure. I have a union to support me legally. How do you think a 15-year-old feels?” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Title IX Student Support Counselor, a role more common on college campuses but rare in high schools, would advocate for the needs and emotional well-being of students, including for those who file complaints and for people who are accused. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s also designed to address economic disadvantages where students with access to attorneys receive guidance and support, and students with fewer resources can be left on their own. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Title IX cares about government compliance. The district cares about liability and who’s going to get sued. And the student is trapped between both of those adults,” Mage explained. “There is no one there that’s just like, ‘Hey, what do you need? What do you want to happen?’” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage is optimistic, but also worries that the district will struggle to hire someone for the position while the school year is already underway, especially when interviewing for the job has yet to begin. The district has grappled with high turnover and low resources in the Title IX office for years. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On top of the student advocate role, the district will need to hire a new investigator after the previous person in that post stepped down in September. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal rules governing how schools respond to Title IX complaints are also expected to change by the next school year, a move many advocates for victims and survivors are eager to see. The Biden administration is in the process of overturning Title IX regulations adopted by former Secretary of Education Betsy DeVos, which offered greater protections for people accused of misconduct and significantly narrowed the definition of sexual harassment. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As for Ava Murakami, she says a few weeks ago she met with the district’s Title IX coordinator and compliance officer, Jasmina Viteskic, who started the job in November. Viteskic holds office hours for students at Berkeley High twice a week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic walked her through the Title IX process, providing the kind of transparency that was missing when she first sought out help. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“And she explained to me, ‘This is where they did you wrong,’” Murakami said. “I just kept having this, like, ‘Oh,’ moment of just, like, ‘Oh, that’s what happened with my report.’ So I actually feel a lot better.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic also brought up the demands fellow students had drafted when they first walked out of class to protest the school’s response to sexual misconduct back in 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That was crazy cool,” Murakami said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The demands include regular training on consent for student athletes as well as a long-term and properly paid Title IX coordinator. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Students like Murakami plan to continue revising the demands this year based on the school’s progress, and on what their classmates need.\u003c/span>\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>\u003cspan style=\"font-weight: 400\">During her junior year at Berkeley High last fall, Ava Murakami overheard a classmate make vulgar, sexual comments about a teacher.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami was disturbed, and said the student had also made derogatory and offensive comments about women and their physical appearances. She decided to file a formal complaint through Title IX, the federal law that bans discrimination based on sexual orientation and gender identity in schools. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The intention was that I would file the report on behalf of my community, be the person who stepped up and didn’t let it keep going on forever,” she said. “I thought it would be one and done. I sign the paper, it’s done with.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But that’s not what happened. Instead, she said the process was drawn out and cryptic, and involved dozens of email exchanges. She said it was difficult to get answers on the status of her complaint, which she was told would be confidential. Then, months into the process, she learned that her name could be shared if students’ parents asked for that information. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I was confused,” she said. “So I withdrew (the complaint), despite already feeling exposed.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now, as the commissioner of Women’s Rights and Equity at Berkeley High, Murakami aims to help other students avoid that experience. She hopes a newly created role in the district, called a \u003c/span>\u003ca href=\"https://www.edjoin.org/Home/DistrictJobPosting/1656192\">\u003cspan style=\"font-weight: 400\">Title IX Student Support Counselor\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, could make a difference. The district is still hiring for the position, but whoever takes on the job will provide counseling and guidance for students going through the complicated and arduous process of filing Title IX complaints. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an interview with KQED, Berkeley Superintendent Enikia Ford Morthel said she could not comment on the specifics of what occurred in that case. But she said the district is committed to making sure students and staff know what their rights are, which is part of the reason this new role was created. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s not just about the investigation itself and the outcome, it’s about, ‘How do I help you heal? How do I help you navigate while you’re in real time experiencing the fallout?,’” Ford Morthel said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The proposal for the position was initially drafted “out of pure rage” by Genevieve Mage, a yearbook advisor at Berkeley High. Mage is the same teacher who helped uncover sexual assault allegations against Matt Bissell, a former chemistry teacher at Berkeley High. A \u003ca href=\"https://www.berkeleyside.org/2021/11/23/berkeley-high-knew-about-matthew-bissell-sexual-misconduct-allegations\">Berkeleyside investigation\u003c/a> found Berkeley High knew of allegations that he sexually harassed students before he was allowed to quietly resign in 2021. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage said students turn to her for help because they trust her, but she is not paid to be a therapist, an investigator and a teacher at the same time. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11928108\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11928108\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg\" alt=\"The white facade of Berkeley High School, with the name of the school written above the entrance.\" width=\"1024\" height=\"768\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/RS2790_berkeleyhighschool20120419-160x120.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">The commissioner of Women’s Rights and Equity at Berkeley High School hopes the newly created role of Title IX Student Support Counselor will make a difference in helping both students and staff navigate the process of reporting sexual abuse and misconduct. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">She also saw firsthand last school year how agonizing the Title IX process can be. She says a student had threatened to rape and kill her, and the student stayed in her class for about a week after she asked for him to be removed for her safety. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When his behavior continued outside of her class, she filed a Title IX complaint, which she also expected to be kept confidential. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I inadvertently outed students that had come to me in confidence and told me what had happened,” she said. “You also have to imagine that I have power. I have tenure. I have a union to support me legally. How do you think a 15-year-old feels?” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The Title IX Student Support Counselor, a role more common on college campuses but rare in high schools, would advocate for the needs and emotional well-being of students, including for those who file complaints and for people who are accused. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s also designed to address economic disadvantages where students with access to attorneys receive guidance and support, and students with fewer resources can be left on their own. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Title IX cares about government compliance. The district cares about liability and who’s going to get sued. And the student is trapped between both of those adults,” Mage explained. “There is no one there that’s just like, ‘Hey, what do you need? What do you want to happen?’” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Mage is optimistic, but also worries that the district will struggle to hire someone for the position while the school year is already underway, especially when interviewing for the job has yet to begin. The district has grappled with high turnover and low resources in the Title IX office for years. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On top of the student advocate role, the district will need to hire a new investigator after the previous person in that post stepped down in September. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The federal rules governing how schools respond to Title IX complaints are also expected to change by the next school year, a move many advocates for victims and survivors are eager to see. The Biden administration is in the process of overturning Title IX regulations adopted by former Secretary of Education Betsy DeVos, which offered greater protections for people accused of misconduct and significantly narrowed the definition of sexual harassment. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">As for Ava Murakami, she says a few weeks ago she met with the district’s Title IX coordinator and compliance officer, Jasmina Viteskic, who started the job in November. Viteskic holds office hours for students at Berkeley High twice a week. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic walked her through the Title IX process, providing the kind of transparency that was missing when she first sought out help. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“And she explained to me, ‘This is where they did you wrong,’” Murakami said. “I just kept having this, like, ‘Oh,’ moment of just, like, ‘Oh, that’s what happened with my report.’ So I actually feel a lot better.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Murakami said Viteskic also brought up the demands fellow students had drafted when they first walked out of class to protest the school’s response to sexual misconduct back in 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That was crazy cool,” Murakami said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The demands include regular training on consent for student athletes as well as a long-term and properly paid Title IX coordinator. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Students like Murakami plan to continue revising the demands this year based on the school’s progress, and on what their classmates need.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>Oakland Writers Ayodele Nzinga and Leila Mottley\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">This week, we welcome two contemporary Oakland authors: Leila Mottley and Dr. Ayodele Nzinga. Mottley is an Oakland Youth Poet Laureate, who at just 19 years old published “Nightcrawling” — an immersive novel and an Oprah’s Book Club selection — based on local events. She’s joined by Oakland’s inaugural Poet Laureate, Dr. Ayodele Nzinga, who shines not only as an author but also as a director, actor and educator. \u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Leila Mottley, “Nightcrawling” author\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Ayodele Nzinga, Oakland Poet Laureate\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">San Francisco Mayor London Breed, together with San Francisco Police Chief Bill Scott and San Francisco District Attorney Brooke Jenkins, announced a renewed push to prosecute drug dealers while also helping people dealing with substance use disorder. We talk with \u003c/span>\u003cb>Scott Shafer,\u003c/b> \u003cb>KQED politics and government senior editor\u003c/b>\u003cspan style=\"font-weight: 400\">, who spoke with Mayor Breed this week.\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>Something Beautiful: West Oakland Mural Project\u003c/b>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The West Oakland Mural Project highlights the vital role women played in the revolutionary Black Panther Party.\u003c/span>\u003c/p>\n\n",
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"content": "\u003cp>President Biden on Thursday announced that he is taking executive action to pardon people convicted of simple marijuana possession under federal law and Washington, D.C. statute.\u003c/p>\n\u003cp>The pardons will be done through an administration process to be developed by the Justice Department, senior administration officials told reporters on a briefing call, and will cover citizens and lawful permanent residents.\u003c/p>\n\u003cp>“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden said in a statement.\u003c/p>\n\u003cp>More than 6,500 people were convicted of simple possession between 1992 and 2021 under federal law, and thousands more under D.C. code, the officials said. Biden had promised the action during his campaign.\u003c/p>\n\u003cp>https://twitter.com/WhiteHouse/status/1578108939174281218\u003c/p>\n\u003cp>However, most convictions happen at the state level, leaving those pardons up to each governor.\u003c/p>\n\u003cp>The order comes as five states, \u003ca href=\"https://ballotpedia.org/Marijuana_laws_and_ballot_measures_in_the_United_States\">Arkansas, Maryland, Missouri, North Dakota and South Dakota\u003c/a>, have legalization measures on their ballots for November. Nineteen states have legalized marijuana for recreational use and 38 states have legalized marijuana for medical use.\u003c/p>\n\u003cp>In addition to the executive order, Biden is also urging all governors to take similar action in their states.\u003c/p>\n\u003cp>Biden is also asking his Health and Human Services and Justice departments to review whether marijuana should still be classified as a Schedule 1 substance under the Controlled Substances Act. The classification is meant for the most dangerous substances, according to Biden.\u003c/p>\n\u003cp>DOJ will in the coming days begin creating the process for issuing the pardons, according to a statement from Justice Department spokesperson Anthony Coley, and will work with HHS on the review of drug scheduling.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"marijuana\"]“This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic,” Biden said in a statement.\u003c/p>\n\u003cp>The president, however, noted that “even as federal and state regulation of marijuana changes, important limitations on trafficking, marketing, and under-age sales should stay in place.”\u003c/p>\n\u003cp>The moves do not legalize the use of marijuana.\u003c/p>\n\u003cp>Some marijuana advocacy groups have applauded the move. But they want the president to go further.\u003c/p>\n\u003cp>“We, however, hope that the Biden Administration will go further and fully deschedule marijuana from the Controlled Substances Act, rather than initiate a process that could lead to rescheduling,” said Kassandra Frederique, executive director of the Drug Policy Alliance, in a statement. “Keeping marijuana on the federal drug schedule will mean people will continue to face criminal charges for marijuana.”\u003c/p>\n\u003cdiv id=\"storytext\" class=\"storytext storylocation linkLocation\">\n\u003cp>GOP members, like Sen. Tom Cotton, \u003ca href=\"https://twitter.com/SenTomCotton/status/1578116642969714688?s=20&t=lWi9Nlq78SOgnag6ApXQsg\">opposed the move\u003c/a>, calling it a blanket pardon and a “desperate attempt” at distraction.\u003c/p>\n\u003cp>Some Democrats have long pushed Biden to fulfill his campaign promise. In \u003ca href=\"https://www.warren.senate.gov/imo/media/doc/2021.11.9%20Letter%20to%20POTUS%20on%20Cannabis%20Pardons.pdf\">a letter sent nearly a year ago\u003c/a>, Sens. Elizabeth Warren, \u003ca href=\"https://twitter.com/senmarkey/status/1578102493166587904?s=46&t=cels3SB7hdJm576H_hh-ig\">Ed Markey\u003c/a>, and Jeff Merkley wrote to Biden urging him to issue a blanket pardon for all non-violent federal cannabis offenses.\u003c/p>\n\u003c/div>\n\u003cdiv class=\"fullattribution\">Copyright 2022 NPR. To see more, visit https://www.npr.org.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Biden+to+pardon+simple+federal+marijuana+possession+convictions+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cdiv>\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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