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"disqusTitle": "The V Word: Proposition 1 Revives Historic Abortion Debate Over 'Viability' in California",
"title": "The V Word: Proposition 1 Revives Historic Abortion Debate Over 'Viability' in California",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">As soon as the \u003ca href=\"https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473\">leaked U.S. Supreme Court decision overturning Roe v. Wade\u003c/a>\u003c/span> \u003cspan style=\"font-weight: 400\">published in May\u003c/span>\u003cspan style=\"font-weight: 400\">, threatening the federal right to abortion, California Democrats went to work writing an amendment to the state constitution, explicitly protecting the right to an abortion here.\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\">Californians will vote on the amendment in the form of \u003c/span>\u003ca href=\"https://voterguide.sos.ca.gov/propositions/1/\">\u003cspan style=\"font-weight: 400\">Proposition 1\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> come November, but as the election approaches, lawmakers still do not agree whether the measure would merely \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400\">enshrine \u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\">abortion rights as they are currently articulated in state law, which allows abortion up to 24 weeks, or whether it would \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400\">expand\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\"> abortion rights, so as to permit abortions at any point in pregnancy, for any reason.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Throughout the legislative debate over the amendment, there were several awkward moments when Democrats were stumped by this question from Republicans, most notably when Assemblymember Kevin Kiley, R-Rocklin, posed it point-blank before the final vote in June.[aside label='Related Articles' tag='abortion']\u003cspan style=\"font-weight: 400\">“California law generally bars the performance of an abortion past the point of fetal viability,” he said. “Would this constitutional amendment change that?”\u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The floor went quiet. For a full 30 seconds, no one said anything. Assembly Speaker Anthony Rendon whispered with colleagues, asked to have the question repeated, then promised to answer later. He never did.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Viability has long been a controversial concept, plaguing ethicists on both sides of the abortion debate since it was embedded in the Roe v. Wade decision in 1973. The Supreme Court justices wrote that a woman’s rights to bodily autonomy and privacy were protected only up to viability — \u003c/span>\u003cspan style=\"font-weight: 400\">the point when a fetus is capable of “meaningful life outside the mother’s womb,” which the court said occurs between \u003c/span>\u003ca href=\"https://supreme.justia.com/cases/federal/us/410/113/\">\u003cspan style=\"font-weight: 400\">24 and 28 weeks after conception\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Since then, many doctors have bemoaned the legal and political bastardization of the medical concept, arguing viability is much more complex than gestational age alone. But the public has clung to it, with abortion-rights opponents and supporters both looking favorably on restricting access to the procedure later in pregnancy. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Current California law incorporates the viability limit from Roe, allowing abortion for any reason through the second trimester, and after that only if the mother or fetus’s health is in danger. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But the constitutional amendment outlined in Proposition 1 doesn’t mention the word \"viability\" anywhere. Even among legal scholars, there is no consensus as to whether that means the viability standard will remain if Proposition 1 is approved, or if time limits on abortion will be eradicated in California.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It at least opens the door,” said UC Davis law professor Mary Ziegler, noting that courts are likely to make the final interpretation of Proposition 1 after the election, if it’s approved.\u003c/span>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003ch2>\u003cb>The V-word debate revived\u003c/b>\u003cb>\u003cbr>\n\u003c/b>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">When Assemblymember James Gallagher, R-Chico, spoke during the final floor debate in June, his voice wavered with emotion. He could not support the state constitutional amendment on abortion “because of what’s missing from it,” he said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He even choked up at one point talking about his twin boys, who were born two-and-a-half months premature and almost needed heart surgery in utero. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They were alive and they were people,” he repeated throughout his speech, pointing at the lectern for emphasis each time he mentioned their development as fetuses: 18 weeks, 23 weeks, 30 weeks.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">With no time limits or restrictions on a woman’s right to an abortion, Gallagher said, the amendment did nothing to protect the rights of the fetus.[pullquote align=\"right\" size=\"medium\" citation=\"Mary Ziegler, law professor, UC Davis\"]'In a world where there is no Roe, I think you're seeing California legislators trying to write into law a kind of blank slate, a better idea of what reproductive autonomy could be that isn't just Roe Part Two.'[/pullquote]\u003cspan style=\"font-weight: 400\">“Babies like my twins at 30 weeks, their lives could be taken. And I don't think that's the right balance,” he said. “We can do better.” \u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Proponents of Proposition 1 have said the intention of the amendment was only to preserve the status quo. But in various committee hearings, the bill’s supporters seemed confused by the language of their own bill at times and scrambled to answer questions definitively about whether the amendment would preserve the viability limit or discard it. \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\">But doctors who were involved in drafting the law, like Dr. Pratima Gupta, say that was no mistake. They left the word \"viability\" out on purpose.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Every pregnancy is individual and it's a continuum,” said Gupta, an OB-GYN in San Diego.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">People come into pregnancy with a range of preexisting health conditions, she said, like diabetes, anemia, high blood pressure, and obesity. They may not have much money or access to good medical care with the latest technology. All of these very nuanced factors, and not some arbitrary number, determine whether a fetus is viable, she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If I see a patient who has broken their bag of water at 23 weeks of pregnancy, that doesn't mean that it's viable or not viable,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Doctors who consulted on the amendment were following the lead of the American College of Obstetricians and Gynecologists, the leading advisory group for OB-GYNs, which itself removed the term \"viability\" from \u003c/span>\u003ca href=\"https://www.acog.org/news/news-articles/2022/05/understanding-acog-policy-on-abortion\">\u003cspan style=\"font-weight: 400\">its own guidance on abortion\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> last May. The term has become so politicized that it barely has any medical meaning anymore, the group said, and deciding whether and when to have an abortion should be left to the patient and doctor.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The demise of Roe v. Wade, in a strange way, is what has freed doctors of the vagaries of the viability framework as it was outlined in Roe. If the Supreme Court could put an end to 50 years of constitutional protections for abortion, doctors seem to be saying, the court could take all the flaws of their decision with it.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“In a world where there is no Roe, I think you're seeing California legislators trying to write into law a kind of blank slate, a better idea of what reproductive autonomy could be that isn't just Roe Part Two,” Ziegler said.\u003c/span>\u003c/p>\n\u003ch2>\u003cb>Why women get abortions later in pregnancy\u003c/b>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">In recent years, at least three other states have removed viability and gestational age limits from their abortion laws. Colorado, New Jersey, Vermont and Washington, D.C., now allow abortion throughout pregnancy.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Abortion opponents argue that if California follows suit by passing Proposition 1, it will be a free-for-all, with women lining up for abortions when they’re eight months pregnant, for no reason at all.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We already currently have abortion up to 24 weeks. Why do we need to push it beyond that?” said Jonathan Keller, president and CEO of the California Family Council, a religious nonprofit. “Aren't we able to say that that is a step too far, even for California?”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Research indicates such scenarios are a fantasy. \u003ca href=\"https://www.cdc.gov/mmwr/volumes/68/ss/ss6811a1.htm\">Abortions at or after 21 weeks are extremely rare\u003c/a>, representing only\u003c/span> \u003cspan style=\"font-weight: 400\">1.2% of all abortions, \u003c/span>\u003cspan style=\"font-weight: 400\">according to data\u003c/span>\u003cspan style=\"font-weight: 400\"> from the Centers for Disease Control and Prevention.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Other studies show\u003c/span>\u003cspan style=\"font-weight: 400\"> that \u003ca href=\"https://www.kff.org/womens-health-policy/fact-sheet/abortions-later-in-pregnancy/\">the reasons women seek abortions at this time in pregnancy are varied\u003c/a>. It is primarily because of medical complications, where a pregnancy is desired, but the mother finds out late about a complication that puts her own life at risk, or a fetal abnormality that will make it impossible for the baby to survive after birth. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Increasingly, women face legal and logistical barriers that make it difficult for them to access abortion care as early as they want to, said Elizabeth Nash, policy analyst at the \u003ca href=\"https://www.guttmacher.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Guttmacher Institute\u003c/a>, a research organization focused on reproductive rights. As more states ban the procedure in the wake of the Supreme Court eviscerating Roe, fewer clinics offer it.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The timing is not always up to the patient, particularly now\u003c/span>\u003ci>\u003cspan style=\"font-weight: 400\">,”\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\"> Nash said. “It may be that they're delayed because there are lots of restrictions they have to comply with. It may be because they need to travel for an abortion. It may be that they can't get time off of work.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Women may have trouble raising the money they need to pay for the procedure, or they may have an abusive partner who exerts control over their decisions and movements. “It may be that they don't recognize that they're pregnant,” Nash said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Still, even in a state like California that champions abortion rights and is even positioning itself as \u003c/span>\u003ca href=\"https://www.kqed.org/news/11914440/california-wants-to-be-the-nations-abortion-haven\">\u003cspan style=\"font-weight: 400\">an abortion sanctuary\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, voters are more uncomfortable with the procedure the later it gets in pregnancy. An \u003c/span>\u003cspan style=\"font-weight: 400\">August poll\u003c/span>\u003cspan style=\"font-weight: 400\"> showed \u003ca href=\"https://www.rasmussenreports.com/public_content/politics/partner_surveys/most_california_voters_support_limits_on_abortion\">only 13% of voters said they were OK with abortion through the third trimester\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But when it comes to securing abortion rights in general through Proposition 1, \u003c/span>\u003ca href=\"https://escholarship.org/uc/item/3rx1h9cv\">71% of Californians say they’re going to vote for it\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The politics of viability have changed,” said law professor Ziegler.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">With the Supreme Court toppling the federal right to abortion, and more than half the states banning or trying to ban the procedure, Ziegler said, “these viability arguments — that had obviously been compelling for decades — don’t land the same way.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The polls indicate voters are not inclined to nitpick right now. Ziegler predicts that they’ll accept the ambiguity in Proposition 1 and let the courts sort out the details later.\u003c/span>\u003c/p>\n\u003cp>\u003cem>This story was made possible as part of The California Newsroom – a collaboration of California’s public radio stations, NPR and CalMatters.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "California voters will decide in November whether to add an amendment to the state constitution explicitly protecting abortion rights. But there is disagreement over exactly what Proposition 1 will do.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">As soon as the \u003ca href=\"https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473\">leaked U.S. Supreme Court decision overturning Roe v. Wade\u003c/a>\u003c/span> \u003cspan style=\"font-weight: 400\">published in May\u003c/span>\u003cspan style=\"font-weight: 400\">, threatening the federal right to abortion, California Democrats went to work writing an amendment to the state constitution, explicitly protecting the right to an abortion here.\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\">Californians will vote on the amendment in the form of \u003c/span>\u003ca href=\"https://voterguide.sos.ca.gov/propositions/1/\">\u003cspan style=\"font-weight: 400\">Proposition 1\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> come November, but as the election approaches, lawmakers still do not agree whether the measure would merely \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400\">enshrine \u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\">abortion rights as they are currently articulated in state law, which allows abortion up to 24 weeks, or whether it would \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400\">expand\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\"> abortion rights, so as to permit abortions at any point in pregnancy, for any reason.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Throughout the legislative debate over the amendment, there were several awkward moments when Democrats were stumped by this question from Republicans, most notably when Assemblymember Kevin Kiley, R-Rocklin, posed it point-blank before the final vote in June.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">“California law generally bars the performance of an abortion past the point of fetal viability,” he said. “Would this constitutional amendment change that?”\u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The floor went quiet. For a full 30 seconds, no one said anything. Assembly Speaker Anthony Rendon whispered with colleagues, asked to have the question repeated, then promised to answer later. He never did.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Viability has long been a controversial concept, plaguing ethicists on both sides of the abortion debate since it was embedded in the Roe v. Wade decision in 1973. The Supreme Court justices wrote that a woman’s rights to bodily autonomy and privacy were protected only up to viability — \u003c/span>\u003cspan style=\"font-weight: 400\">the point when a fetus is capable of “meaningful life outside the mother’s womb,” which the court said occurs between \u003c/span>\u003ca href=\"https://supreme.justia.com/cases/federal/us/410/113/\">\u003cspan style=\"font-weight: 400\">24 and 28 weeks after conception\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Since then, many doctors have bemoaned the legal and political bastardization of the medical concept, arguing viability is much more complex than gestational age alone. But the public has clung to it, with abortion-rights opponents and supporters both looking favorably on restricting access to the procedure later in pregnancy. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Current California law incorporates the viability limit from Roe, allowing abortion for any reason through the second trimester, and after that only if the mother or fetus’s health is in danger. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But the constitutional amendment outlined in Proposition 1 doesn’t mention the word \"viability\" anywhere. Even among legal scholars, there is no consensus as to whether that means the viability standard will remain if Proposition 1 is approved, or if time limits on abortion will be eradicated in California.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It at least opens the door,” said UC Davis law professor Mary Ziegler, noting that courts are likely to make the final interpretation of Proposition 1 after the election, if it’s approved.\u003c/span>\u003cspan style=\"font-weight: 400\"> \u003c/span>\u003c/p>\n\u003ch2>\u003cb>The V-word debate revived\u003c/b>\u003cb>\u003cbr>\n\u003c/b>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">When Assemblymember James Gallagher, R-Chico, spoke during the final floor debate in June, his voice wavered with emotion. He could not support the state constitutional amendment on abortion “because of what’s missing from it,” he said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">He even choked up at one point talking about his twin boys, who were born two-and-a-half months premature and almost needed heart surgery in utero. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They were alive and they were people,” he repeated throughout his speech, pointing at the lectern for emphasis each time he mentioned their development as fetuses: 18 weeks, 23 weeks, 30 weeks.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">With no time limits or restrictions on a woman’s right to an abortion, Gallagher said, the amendment did nothing to protect the rights of the fetus.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">“Babies like my twins at 30 weeks, their lives could be taken. And I don't think that's the right balance,” he said. “We can do better.” \u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Proponents of Proposition 1 have said the intention of the amendment was only to preserve the status quo. But in various committee hearings, the bill’s supporters seemed confused by the language of their own bill at times and scrambled to answer questions definitively about whether the amendment would preserve the viability limit or discard it. \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\">But doctors who were involved in drafting the law, like Dr. Pratima Gupta, say that was no mistake. They left the word \"viability\" out on purpose.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Every pregnancy is individual and it's a continuum,” said Gupta, an OB-GYN in San Diego.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">People come into pregnancy with a range of preexisting health conditions, she said, like diabetes, anemia, high blood pressure, and obesity. They may not have much money or access to good medical care with the latest technology. All of these very nuanced factors, and not some arbitrary number, determine whether a fetus is viable, she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“If I see a patient who has broken their bag of water at 23 weeks of pregnancy, that doesn't mean that it's viable or not viable,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Doctors who consulted on the amendment were following the lead of the American College of Obstetricians and Gynecologists, the leading advisory group for OB-GYNs, which itself removed the term \"viability\" from \u003c/span>\u003ca href=\"https://www.acog.org/news/news-articles/2022/05/understanding-acog-policy-on-abortion\">\u003cspan style=\"font-weight: 400\">its own guidance on abortion\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> last May. The term has become so politicized that it barely has any medical meaning anymore, the group said, and deciding whether and when to have an abortion should be left to the patient and doctor.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The demise of Roe v. Wade, in a strange way, is what has freed doctors of the vagaries of the viability framework as it was outlined in Roe. If the Supreme Court could put an end to 50 years of constitutional protections for abortion, doctors seem to be saying, the court could take all the flaws of their decision with it.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“In a world where there is no Roe, I think you're seeing California legislators trying to write into law a kind of blank slate, a better idea of what reproductive autonomy could be that isn't just Roe Part Two,” Ziegler said.\u003c/span>\u003c/p>\n\u003ch2>\u003cb>Why women get abortions later in pregnancy\u003c/b>\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">In recent years, at least three other states have removed viability and gestational age limits from their abortion laws. Colorado, New Jersey, Vermont and Washington, D.C., now allow abortion throughout pregnancy.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Abortion opponents argue that if California follows suit by passing Proposition 1, it will be a free-for-all, with women lining up for abortions when they’re eight months pregnant, for no reason at all.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We already currently have abortion up to 24 weeks. Why do we need to push it beyond that?” said Jonathan Keller, president and CEO of the California Family Council, a religious nonprofit. “Aren't we able to say that that is a step too far, even for California?”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Research indicates such scenarios are a fantasy. \u003ca href=\"https://www.cdc.gov/mmwr/volumes/68/ss/ss6811a1.htm\">Abortions at or after 21 weeks are extremely rare\u003c/a>, representing only\u003c/span> \u003cspan style=\"font-weight: 400\">1.2% of all abortions, \u003c/span>\u003cspan style=\"font-weight: 400\">according to data\u003c/span>\u003cspan style=\"font-weight: 400\"> from the Centers for Disease Control and Prevention.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Other studies show\u003c/span>\u003cspan style=\"font-weight: 400\"> that \u003ca href=\"https://www.kff.org/womens-health-policy/fact-sheet/abortions-later-in-pregnancy/\">the reasons women seek abortions at this time in pregnancy are varied\u003c/a>. It is primarily because of medical complications, where a pregnancy is desired, but the mother finds out late about a complication that puts her own life at risk, or a fetal abnormality that will make it impossible for the baby to survive after birth. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Increasingly, women face legal and logistical barriers that make it difficult for them to access abortion care as early as they want to, said Elizabeth Nash, policy analyst at the \u003ca href=\"https://www.guttmacher.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Guttmacher Institute\u003c/a>, a research organization focused on reproductive rights. As more states ban the procedure in the wake of the Supreme Court eviscerating Roe, fewer clinics offer it.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The timing is not always up to the patient, particularly now\u003c/span>\u003ci>\u003cspan style=\"font-weight: 400\">,”\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400\"> Nash said. “It may be that they're delayed because there are lots of restrictions they have to comply with. It may be because they need to travel for an abortion. It may be that they can't get time off of work.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Women may have trouble raising the money they need to pay for the procedure, or they may have an abusive partner who exerts control over their decisions and movements. “It may be that they don't recognize that they're pregnant,” Nash said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Still, even in a state like California that champions abortion rights and is even positioning itself as \u003c/span>\u003ca href=\"https://www.kqed.org/news/11914440/california-wants-to-be-the-nations-abortion-haven\">\u003cspan style=\"font-weight: 400\">an abortion sanctuary\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, voters are more uncomfortable with the procedure the later it gets in pregnancy. An \u003c/span>\u003cspan style=\"font-weight: 400\">August poll\u003c/span>\u003cspan style=\"font-weight: 400\"> showed \u003ca href=\"https://www.rasmussenreports.com/public_content/politics/partner_surveys/most_california_voters_support_limits_on_abortion\">only 13% of voters said they were OK with abortion through the third trimester\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But when it comes to securing abortion rights in general through Proposition 1, \u003c/span>\u003ca href=\"https://escholarship.org/uc/item/3rx1h9cv\">71% of Californians say they’re going to vote for it\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“The politics of viability have changed,” said law professor Ziegler.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">With the Supreme Court toppling the federal right to abortion, and more than half the states banning or trying to ban the procedure, Ziegler said, “these viability arguments — that had obviously been compelling for decades — don’t land the same way.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The polls indicate voters are not inclined to nitpick right now. Ziegler predicts that they’ll accept the ambiguity in Proposition 1 and let the courts sort out the details later.\u003c/span>\u003c/p>\n\u003cp>\u003cem>This story was made possible as part of The California Newsroom – a collaboration of California’s public radio stations, NPR and CalMatters.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term’s sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court’s legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>“Decisions have always been subject to intense criticism, and that is entirely appropriate,” he said, “but lately, the criticism is phrased in terms of … the legitimacy of the court.” That, he said is “a mistake.”\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, “and that role doesn’t change simply because people disagree with this opinion or that opinion.” After all, he said, “You don’t want the political branches telling you what the law is, and you don’t want public opinion to be the guide of what the appropriate decision is.”\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court’s legitimacy has to be earned.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11917776,news_11917650,news_11910550\"]Precedent should only be reversed in the rarest of cases, she said at Northwestern’s Pritzker School of Law. Precedent, she said, is a “foundation stone of law,” a doctrine of stability that “tells people they can rely on the law.” But if, “all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown … then people have a right to say, ‘You know, what’s going on there? That doesn’t seem very law-like.'”\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: “The court shouldn’t be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn’t be doing that in a way that reflects one set of political views over another.”\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court’s appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers’ case rests heavily on the Supreme Court’s 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn’t want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith’s claim to the free exercise of religion. Instead, the court has limited the case to Smith’s claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University’s Kelsi Corkran puts it, “if Smith is correct that there’s a free speech right to selectively choose her customers based on the messages she wants to endorse,” the law would also permit a white supremacist to deny services to people of color because that, too, “would be a message of endorsement.”\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that “the times, places, and manner” of congressional elections “shall be prescribed in each state by the [state] legislature.”\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature’s version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina’s argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>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=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term’s sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court’s legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>“Decisions have always been subject to intense criticism, and that is entirely appropriate,” he said, “but lately, the criticism is phrased in terms of … the legitimacy of the court.” That, he said is “a mistake.”\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, “and that role doesn’t change simply because people disagree with this opinion or that opinion.” After all, he said, “You don’t want the political branches telling you what the law is, and you don’t want public opinion to be the guide of what the appropriate decision is.”\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court’s legitimacy has to be earned.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Precedent should only be reversed in the rarest of cases, she said at Northwestern’s Pritzker School of Law. Precedent, she said, is a “foundation stone of law,” a doctrine of stability that “tells people they can rely on the law.” But if, “all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown … then people have a right to say, ‘You know, what’s going on there? That doesn’t seem very law-like.'”\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: “The court shouldn’t be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn’t be doing that in a way that reflects one set of political views over another.”\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court’s appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers’ case rests heavily on the Supreme Court’s 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn’t want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith’s claim to the free exercise of religion. Instead, the court has limited the case to Smith’s claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University’s Kelsi Corkran puts it, “if Smith is correct that there’s a free speech right to selectively choose her customers based on the messages she wants to endorse,” the law would also permit a white supremacist to deny services to people of color because that, too, “would be a message of endorsement.”\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that “the times, places, and manner” of congressional elections “shall be prescribed in each state by the [state] legislature.”\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature’s version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina’s argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>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=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cb>Oakland’s Wood Street Encampment\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to The San Francisco Chronicle, the largest tent city in Northern California is the Wood Street encampment in Oakland, stretching more than 25 city blocks. Caltrans is in the process of \u003c/span>\u003ca href=\"https://www.kqed.org/news/11925169/residents-activists-decry-evictions-at-oaklands-largest-homeless-encampment\">\u003cspan style=\"font-weight: 400\">clearing the site\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, which was home to an estimated 200 residents when evictions began this summer.\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Out of all the states in the nation, California has the highest concentration of people who don’t have a home. The latest count, from two years ago, indicated that 161,000 people in the state were unhoused. The problem is — in part — a serious lack of housing across the state. We talk with \u003c/span>\u003cb>Oakland City Councilmember Carroll Fife (District 3)\u003c/b>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cb>Midterm Election 2022 Preview\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">New legislation lives and dies this week by a stroke of Gov. Gavin Newsom’s pen. Which bills will he sign into law, and which are getting tossed aside? We talk with KQED’s politics and government team about the important races and ballot measures in the coming midterm election. \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\">Scott Shafer, KQED politics and government senior editor\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Marisa Lagos, KQED politics and government correspondent\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Guy Marzorati, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>Something Beautiful: Chabot Space and Science Center\u003c/b>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For over a century, Californians have peered into the universe from the telescopes of the Chabot Space and Science Center. After three years, Chabot has reopened its doors to field trips, welcoming the next generation of astronomers, astronauts and dreamers.\u003c/span>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Oakland’s Wood Street Encampment\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to The San Francisco Chronicle, the largest tent city in Northern California is the Wood Street encampment in Oakland, stretching more than 25 city blocks. Caltrans is in the process of \u003c/span>\u003ca href=\"https://www.kqed.org/news/11925169/residents-activists-decry-evictions-at-oaklands-largest-homeless-encampment\">\u003cspan style=\"font-weight: 400\">clearing the site\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, which was home to an estimated 200 residents when evictions began this summer.\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Out of all the states in the nation, California has the highest concentration of people who don’t have a home. The latest count, from two years ago, indicated that 161,000 people in the state were unhoused. The problem is — in part — a serious lack of housing across the state. We talk with \u003c/span>\u003cb>Oakland City Councilmember Carroll Fife (District 3)\u003c/b>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "california-tenants-caught-up-in-state-fraud-probe-told-to-return-rent-relief-payments",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">When Flor Rodriguez got a $9,000 rent-relief check in the mail last December, it felt like an answer to her prayers. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Even before the pandemic started, it was hard for Rodriguez to make rent. She worked in Napa’s vineyards for years, but wildfires put her out of her job picking grapes. Then COVID slashed her hours cleaning houses. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She struggled to come up with $1,650 a month for the two-bedroom apartment she shares with the 9-year-old and 2-year-old daughters she’s raising on her own. The 39-year-old immigrated from Guatemala four years ago and has an asylum case pending.[pullquote size=\"medium\" align=\"right\" citation=\"Becky Castañeda, case manager, Napa County Recovery Center\"]‘It felt like a stab in the back. What was supposed to be an assistance to get tenants out of debt just put them back in it.’[/pullquote]\u003cspan style=\"font-weight: 400\">She was stressing about the possibility of losing their home when a social worker told Rodriguez about the state’s \u003c/span>\u003ca href=\"https://housing.ca.gov/covid_rr/program_overview.html\">\u003cspan style=\"font-weight: 400\">COVID rent-relief program\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, which launched in mid-March of 2021 and allowed tenants and landlords to apply for up to 18 months in assistance.\u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Rodriguez got approved and says she used the money to help cover her rental debt. But five months later, in April, the state told her she had to return the money. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">California has \u003c/span>\u003ca href=\"https://housing.ca.gov/covid_rr/dashboard.html\">\u003cspan style=\"font-weight: 400\">handed out more than $4.3 billion\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> in emergency COVID rent relief since the start of the pandemic. For Rodriguez and many other tenants with lower incomes who fell behind on rent, it’s been a lifeline. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now the state is asking thousands of applicants to pay back the money — in most cases, after they received it. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How am I going to come up with that money if I don’t have it?” Rodriguez said. \u003c/span>\u003c/p>\n\u003ch2>Who’s caught — and who’s caught up?\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">The state has issued almost 19,000 notices to California tenants and landlords who were originally approved for rent relief, saying they actually weren’t eligible. The vast majority of those denials — over 16,500 of them — went to people who’d already received the funds. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s part of an effort to catch fraud, according to the Department of Housing and Community Development.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“People get really clever. They are very, very smart and they do a lot of things to try to end-run around whatever kind of security you build into your systems,” said Jessica Hayes, who, as federal recovery branch chief for the HCD, manages its rent-relief operation and other federally funded programs.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">With brazen examples of fraud in pandemic-aid programs surfacing around the country, Hayes touts the department’s track record. Administrators had to balance responsibly managing taxpayer money with a mandate from state lawmakers to get the program running quickly, she says.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It would have been 100% preferable to have caught every single one of these on the front end,” she said. “But it’s also not possible. There’s no physical way when your goal is to be as open as possible and really help as many people as possible.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hayes wouldn’t disclose specific fraud-protection measures out of concern it would compromise the department’s work.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But advocates say tenants who desperately needed the assistance have gotten wrongfully caught up.\u003c/span>\u003c/p>\n\u003ch2>A helping hand\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">At the Napa County Recovery Center, case workers have been working to help clients like Rodriguez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The center was one of many community organizations around the state that got a grant to work with renters in need and help them access the program. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But out of 147 people who got approved with their help, 35 were later denied. For many of them the news came months after they’d received the money. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It felt like a stab in the back,” said Becky Castañeda, 20, one of the case managers in Napa hired to reach out to potential applicants and support them through the process. “What was supposed to be an assistance to get tenants out of debt just put them back in it.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11927202\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11927202\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58155_DSC03268-qut-800x533.jpg\" alt=\"A young Latina woman of 20 with long black hair stands with her arms folded in front of a red wooden fence as she looks at the camera with a determined expression.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Becky Castañeda, case manager at Napa County Recovery Center, one of many community organizations around the state that got a grant to work with renters in need and help them access the program. She’s working with a mother of four named Monica who’s being asked to pay back $3,400. \u003ccite>(Aryk Copley/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">The state does give applicants a chance to appeal before coming to a final decision and sending out a “recapture notice.” But advocates say the appeal process is overly difficult. Many of the denial notices cite “inconsistent or unverifiable information” but offer no specifics.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How are they supposed to know what supporting paperwork to provide on their appeal?” Castañeda said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She’s working with a mother of four named Monica who’s being asked to pay back $3,400. (We’re not using Monica’s last name to protect her privacy because she’s undocumented.) She says she lost her income when the restaurant where she works closed for a year early in the pandemic. She applied for aid in November, and was approved in mid-February. In March, after receiving a check, she got a notice informing her she’d have to pay it back.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After reviewing the application, Castañeda and her colleagues couldn’t identify any inaccuracies or unverifiable information, so, like they’ve done with many of these appeals, they sent in the same documents again — PG&E bills, lease agreements, income documentation. They submitted the appeal in early April and are still waiting on a decision, Castañeda says. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It would have been better if they were honest from the beginning because now it seems like it was all a trick,” said Monica, 34, who’s desperate for an answer on the appeal. She’s stressed, wondering how the state will collect. She and her husband are back to working part-time now, she says, and while they’re caught up on rent for the time being, they’re still behind on some bills.\u003c/span>\u003c/p>\n\u003ch2>Vague charges, denied appeals\u003c/h2>\n\u003cp>In San Francisco, attorney Ora Prochovnick is representing a tenant who’s been told that her property manager needs to return $31,000 in rent relief they got on her behalf. Prochovnick, director of litigation and policy for the \u003ca href=\"https://evictiondefense.org/\">Eviction Defense Collaborative\u003c/a>, got involved after the client appealed the decision and was denied. She says the reason given for the denial was so vague it didn’t give her client a real chance to defend herself.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Prochovnick says HCD finally provided a detailed list of the alleged problems with the application two months after the notice was issued, and only after she applied pressure. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“None of them had any merit and it didn’t take a lot of digging to find that,” Prochovnick said. “So it seems that what they did is a very cursory surface investigation and latched on to the easiest opportunity to deny rather than doing any homework so that they could approve.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Among the list of issues reviewers flagged was an objection to the quality of her driver’s license photo and the font used on it, Prochovnick says. She has seen the license and calls the implication that it’s fraudulent “one of the craziest accusations I’ve ever read.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The tenant is facing eviction, but Prochovnick says the landlord has agreed to put the process on hold while lawyers try to resolve the problem.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For Prochovnick, the case points to broader equity concerns. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I am an experienced attorney who’s been a litigator for more than 35 years and I’m dumbfounded by this process,” she said. “I’m just imagining all of the many tenants who don’t have those types of resources and are just told, ‘Give back the money.’”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Earlier this summer, tenant advocacy groups \u003c/span>\u003ca href=\"https://publiccounsel.org/wp-content/uploads/2022/06/Petition-for-Writ-of-Mandate_Filed.pdf\">\u003cspan style=\"font-weight: 400\">filed a lawsuit\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> on behalf of renters who were denied rent relief. A \u003c/span>\u003ca href=\"https://wclp.org/press-release-judge-orders-ca-dept-of-housing-community-development-to-stop-denying-state-rental-assistance-applications-until-further-review/\">\u003cspan style=\"font-weight: 400\">judge has ordered\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> the state to stop issuing denials while the suit moves forward. For now, HCD officials say demands for repayment are on hold to ensure people have a chance to appeal. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We hope the ultimate outcome of our lawsuit is a fairer process to ensure that everyone has an equal opportunity to get the help they need in order to stabilize their housing and not become homeless,” said Lorraine López, senior attorney for the \u003ca href=\"https://wclp.org/\">Western Center on Law and Poverty\u003c/a> who’s working on the case.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The suit alleges HCD’s denial process doesn’t provide applicants due process, and seeks a more transparent appeals process that grants them access to details about the reasons they were denied. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Of the 18,871 denials HCD issued after applicants were approved, only 2,503 have been appealed, according to the department, but there’s still time. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In Napa, case managers at the recovery center have only had seven appeals approved at this point, of the 25 they submitted. \u003c/span>\u003c/p>\n\u003ch2>An uncertain future\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Even as Flor Rodriguez waits on her appeal, she’s preparing to move. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She’s being evicted by her landlord — not because of her difficulties with the rent-relief program, but because the landlord told Rodriguez she plans to renovate the apartment. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At home, with her 2-year-old daughter, Carmen, in her arms, Rodriguez is waiting for a ride from a friend to go see another apartment. But the odds aren’t in her favor. The vacancy rate for rental housing in the city of Napa is just 2%, according to the city’s Housing Division. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After weeks of looking for apartments, Rodriguez still hasn’t found anything. She says her 9-year-old daughter has started to ask what’s going to happen. “She’s worried we’re going to end up on the streets,” Rodriguez said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She tells her daughter it will be OK. She’s trying to convince herself, too.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>Shortly after KQED published this story, attorney Ora Prochovnick received word from the state Department of Housing and Community Development that her client’s case was resolved and she would be able to keep the rental assistance she already received. \u003c/em>\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\">When Flor Rodriguez got a $9,000 rent-relief check in the mail last December, it felt like an answer to her prayers. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Even before the pandemic started, it was hard for Rodriguez to make rent. She worked in Napa’s vineyards for years, but wildfires put her out of her job picking grapes. Then COVID slashed her hours cleaning houses. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She struggled to come up with $1,650 a month for the two-bedroom apartment she shares with the 9-year-old and 2-year-old daughters she’s raising on her own. The 39-year-old immigrated from Guatemala four years ago and has an asylum case pending.\u003c/p>\u003c/div>",
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"content": "‘It felt like a stab in the back. What was supposed to be an assistance to get tenants out of debt just put them back in it.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cspan style=\"font-weight: 400\">She was stressing about the possibility of losing their home when a social worker told Rodriguez about the state’s \u003c/span>\u003ca href=\"https://housing.ca.gov/covid_rr/program_overview.html\">\u003cspan style=\"font-weight: 400\">COVID rent-relief program\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">, which launched in mid-March of 2021 and allowed tenants and landlords to apply for up to 18 months in assistance.\u003c/span>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Rodriguez got approved and says she used the money to help cover her rental debt. But five months later, in April, the state told her she had to return the money. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">California has \u003c/span>\u003ca href=\"https://housing.ca.gov/covid_rr/dashboard.html\">\u003cspan style=\"font-weight: 400\">handed out more than $4.3 billion\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> in emergency COVID rent relief since the start of the pandemic. For Rodriguez and many other tenants with lower incomes who fell behind on rent, it’s been a lifeline. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now the state is asking thousands of applicants to pay back the money — in most cases, after they received it. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How am I going to come up with that money if I don’t have it?” Rodriguez said. \u003c/span>\u003c/p>\n\u003ch2>Who’s caught — and who’s caught up?\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">The state has issued almost 19,000 notices to California tenants and landlords who were originally approved for rent relief, saying they actually weren’t eligible. The vast majority of those denials — over 16,500 of them — went to people who’d already received the funds. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">It’s part of an effort to catch fraud, according to the Department of Housing and Community Development.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“People get really clever. They are very, very smart and they do a lot of things to try to end-run around whatever kind of security you build into your systems,” said Jessica Hayes, who, as federal recovery branch chief for the HCD, manages its rent-relief operation and other federally funded programs.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">With brazen examples of fraud in pandemic-aid programs surfacing around the country, Hayes touts the department’s track record. Administrators had to balance responsibly managing taxpayer money with a mandate from state lawmakers to get the program running quickly, she says.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It would have been 100% preferable to have caught every single one of these on the front end,” she said. “But it’s also not possible. There’s no physical way when your goal is to be as open as possible and really help as many people as possible.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hayes wouldn’t disclose specific fraud-protection measures out of concern it would compromise the department’s work.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But advocates say tenants who desperately needed the assistance have gotten wrongfully caught up.\u003c/span>\u003c/p>\n\u003ch2>A helping hand\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">At the Napa County Recovery Center, case workers have been working to help clients like Rodriguez. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The center was one of many community organizations around the state that got a grant to work with renters in need and help them access the program. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But out of 147 people who got approved with their help, 35 were later denied. For many of them the news came months after they’d received the money. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It felt like a stab in the back,” said Becky Castañeda, 20, one of the case managers in Napa hired to reach out to potential applicants and support them through the process. “What was supposed to be an assistance to get tenants out of debt just put them back in it.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11927202\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11927202\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58155_DSC03268-qut-800x533.jpg\" alt=\"A young Latina woman of 20 with long black hair stands with her arms folded in front of a red wooden fence as she looks at the camera with a determined expression.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS58155_DSC03268-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Becky Castañeda, case manager at Napa County Recovery Center, one of many community organizations around the state that got a grant to work with renters in need and help them access the program. She’s working with a mother of four named Monica who’s being asked to pay back $3,400. \u003ccite>(Aryk Copley/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">The state does give applicants a chance to appeal before coming to a final decision and sending out a “recapture notice.” But advocates say the appeal process is overly difficult. Many of the denial notices cite “inconsistent or unverifiable information” but offer no specifics.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How are they supposed to know what supporting paperwork to provide on their appeal?” Castañeda said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She’s working with a mother of four named Monica who’s being asked to pay back $3,400. (We’re not using Monica’s last name to protect her privacy because she’s undocumented.) She says she lost her income when the restaurant where she works closed for a year early in the pandemic. She applied for aid in November, and was approved in mid-February. In March, after receiving a check, she got a notice informing her she’d have to pay it back.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After reviewing the application, Castañeda and her colleagues couldn’t identify any inaccuracies or unverifiable information, so, like they’ve done with many of these appeals, they sent in the same documents again — PG&E bills, lease agreements, income documentation. They submitted the appeal in early April and are still waiting on a decision, Castañeda says. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It would have been better if they were honest from the beginning because now it seems like it was all a trick,” said Monica, 34, who’s desperate for an answer on the appeal. She’s stressed, wondering how the state will collect. She and her husband are back to working part-time now, she says, and while they’re caught up on rent for the time being, they’re still behind on some bills.\u003c/span>\u003c/p>\n\u003ch2>Vague charges, denied appeals\u003c/h2>\n\u003cp>In San Francisco, attorney Ora Prochovnick is representing a tenant who’s been told that her property manager needs to return $31,000 in rent relief they got on her behalf. Prochovnick, director of litigation and policy for the \u003ca href=\"https://evictiondefense.org/\">Eviction Defense Collaborative\u003c/a>, got involved after the client appealed the decision and was denied. She says the reason given for the denial was so vague it didn’t give her client a real chance to defend herself.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Prochovnick says HCD finally provided a detailed list of the alleged problems with the application two months after the notice was issued, and only after she applied pressure. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“None of them had any merit and it didn’t take a lot of digging to find that,” Prochovnick said. “So it seems that what they did is a very cursory surface investigation and latched on to the easiest opportunity to deny rather than doing any homework so that they could approve.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Among the list of issues reviewers flagged was an objection to the quality of her driver’s license photo and the font used on it, Prochovnick says. She has seen the license and calls the implication that it’s fraudulent “one of the craziest accusations I’ve ever read.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The tenant is facing eviction, but Prochovnick says the landlord has agreed to put the process on hold while lawyers try to resolve the problem.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For Prochovnick, the case points to broader equity concerns. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I am an experienced attorney who’s been a litigator for more than 35 years and I’m dumbfounded by this process,” she said. “I’m just imagining all of the many tenants who don’t have those types of resources and are just told, ‘Give back the money.’”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Earlier this summer, tenant advocacy groups \u003c/span>\u003ca href=\"https://publiccounsel.org/wp-content/uploads/2022/06/Petition-for-Writ-of-Mandate_Filed.pdf\">\u003cspan style=\"font-weight: 400\">filed a lawsuit\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> on behalf of renters who were denied rent relief. A \u003c/span>\u003ca href=\"https://wclp.org/press-release-judge-orders-ca-dept-of-housing-community-development-to-stop-denying-state-rental-assistance-applications-until-further-review/\">\u003cspan style=\"font-weight: 400\">judge has ordered\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> the state to stop issuing denials while the suit moves forward. For now, HCD officials say demands for repayment are on hold to ensure people have a chance to appeal. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We hope the ultimate outcome of our lawsuit is a fairer process to ensure that everyone has an equal opportunity to get the help they need in order to stabilize their housing and not become homeless,” said Lorraine López, senior attorney for the \u003ca href=\"https://wclp.org/\">Western Center on Law and Poverty\u003c/a> who’s working on the case.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The suit alleges HCD’s denial process doesn’t provide applicants due process, and seeks a more transparent appeals process that grants them access to details about the reasons they were denied. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Of the 18,871 denials HCD issued after applicants were approved, only 2,503 have been appealed, according to the department, but there’s still time. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In Napa, case managers at the recovery center have only had seven appeals approved at this point, of the 25 they submitted. \u003c/span>\u003c/p>\n\u003ch2>An uncertain future\u003c/h2>\n\u003cp>\u003cspan style=\"font-weight: 400\">Even as Flor Rodriguez waits on her appeal, she’s preparing to move. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She’s being evicted by her landlord — not because of her difficulties with the rent-relief program, but because the landlord told Rodriguez she plans to renovate the apartment. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">At home, with her 2-year-old daughter, Carmen, in her arms, Rodriguez is waiting for a ride from a friend to go see another apartment. But the odds aren’t in her favor. The vacancy rate for rental housing in the city of Napa is just 2%, according to the city’s Housing Division. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After weeks of looking for apartments, Rodriguez still hasn’t found anything. She says her 9-year-old daughter has started to ask what’s going to happen. “She’s worried we’re going to end up on the streets,” Rodriguez said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">She tells her daughter it will be OK. She’s trying to convince herself, too.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Shortly after KQED published this story, attorney Ora Prochovnick received word from the state Department of Housing and Community Development that her client’s case was resolved and she would be able to keep the rental assistance she already received. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "sentencing-delayed-for-napa-man-who-plotted-to-destroy-democratic-headquarters",
"title": "Sentencing Delayed for Napa Man Who Plotted to Destroy Democratic Headquarters",
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"headTitle": "Sentencing Delayed for Napa Man Who Plotted to Destroy Democratic Headquarters | KQED",
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"content": "\u003cp>A federal judge on Wednesday declined to sign off on a plea deal for a Napa man who plotted to firebomb the Democratic Party’s California headquarters in the wake of former President Donald Trump’s electoral defeat.\u003c/p>\n\u003cp>Ian Benjamin Rogers pleaded guilty in May to \u003ca href=\"https://www.kqed.org/news/11913965/plot-to-blow-up-democratic-headquarters-exposed-california-extremists-hiding-in-plain-sight\">conspiring to use explosives or fire to destroy the John L. Burton Democratic Headquarters in Sacramento\u003c/a>, and to possessing an explosive device and a machine gun. Under his plea deal, Rogers faced seven to nine years in prison, followed by a three-year term of supervised release and $250,000 in fines.[pullquote size=\"medium\" align=\"right\" citation=\"U.S. District Judge Charles Breyer\"]‘I have to say in … 23 years I’ve never seen that type of statement. I’ve never seen a defendant come in and simply say I regret I was caught.’[/pullquote]\u003c/p>\n\u003cp>But U.S. District Judge Charles Breyer said he was concerned by a statement Rogers made during the presentencing investigation, in which the defendant told the probation department he felt badly for putting himself in a situation “that allowed the government to destroy my life.”\u003c/p>\n\u003cp>“I have to say in … 23 years I’ve never seen that type of statement. I’ve never seen a defendant come in and simply say I regret I was caught,” Breyer said.\u003c/p>\n\u003cp>The judge asked federal prosecutors to justify why they thought a sentence of seven to nine years in prison would be appropriate, “especially in light of the defendant’s statements, which to the court suggests that he continues to be a substantial danger to the community,” Breyer said.\u003c/p>\n\u003cp>During the hearing, Breyer highlighted the detailed planning and steps Rogers had taken to destroy the building.\u003c/p>\n\u003cp>“He had five fully operational firebombs. He had an arsenal that would be the envy of the Ukrainian people,” Breyer said. “He had a map that he disseminated showing the exact location of the John Burton building. He had scoped it out and determined that the CHP and the fire department were in close proximity to that building.”\u003c/p>\n\u003cp>Breyer scheduled an October 27 court hearing to sentence Rogers and his co-defendant, Jarrod Copeland.\u003c/p>\n\u003cp>[aside postID=\"news_11915379,news_11913965\" label=\"Related Coverage\"]Rogers’ attorney, Colin Cooper, urged the judge to accept the current plea agreement, stressing that his client “regrets terribly” participating in the plot and had never before been in trouble with the law.\u003c/p>\n\u003cp>“I remain optimistic that when [the judge] hears from Mr. Rogers, hears further from me and hears further from the government that he will agree that the plea agreement reached and agreed upon between the government and Mr. Rogers was well-thought-out, was intensively discussed and negotiated and considered appropriate by both parties,” Cooper said.\u003c/p>\n\u003cp>Prior to his 2021 arrest, Rogers owned British Auto Repair of the Napa Valley and was known as a larger-than-life figure in the nearby business community. He was often seen exercising at a local gym with his friend and former employee Jarrod Copeland. According to people who knew him, Rogers posted pictures of himself on social media dressed in fatigues, and showing off his cars and guns.\u003c/p>\n\u003cp>In late November 2020, weeks after the presidential election, the FBI and local law enforcement were alerted by an anonymous tipster that Rogers, an outspoken supporter of then-President Trump was heavily armed and had threatened to kill people if Trump lost the election.\u003c/p>\n\u003cp>Prosecutors say Rogers used an \u003ca href=\"https://www.documentcloud.org/documents/22014785-copeland-rogers-motion-to-detain-public\">encrypted messaging application\u003c/a> to tell Copeland he would “hit the enemy in the mouth” by using Molotov cocktails and gasoline to attack targets including the Democratic Party headquarters, the governor’s mansion and the headquarters of social media giants Facebook and Twitter.\u003c/p>\n\u003cp>“I want to blow up a democrat building bad,” Rogers wrote in one of the messaging apps he used to communicate with Copeland, according to the indictment. In a different message, he declared his intent to “go to war” after President Biden was inaugurated.\u003c/p>\n\u003cp>The pair “hoped their attacks would prompt a movement,” prosecutors said when they announced the charges last July.\u003c/p>\n\u003cp>Napa County sheriff’s deputies secured search warrants after receiving an anonymous tip that Rogers possessed illegal guns. After searching his home and auto repair shop in January 2021, they seized nearly 50 firearms, thousands of rounds of ammunition and five pipe bombs, prosecutors said.\u003c/p>\n\u003cp>Agents also seized a “white privilege card,” which looks like a credit card and states “Trumps Everything” beneath the label, with the number 0045 repeated as a credit card number, signaling the 45th U.S. president. “Scott Free” is named as the cardholder, with a membership term listed as from “birth” through “death.”\u003c/p>\n\u003cp>Investigators also pointed to the “Three Percenters” bumper sticker on Rogers’ vehicle, signaling support for an anti-government movement named after the false belief that just 3% of American colonists defeated the British during the American Revolution.\u003c/p>\n\u003cp>Prosecutors say that in late December 2020, Copeland told Rogers he contacted an anti-government militia group to gather support for their movement.\u003c/p>\n\u003cp>Copeland previously pleaded guilty to conspiracy and destruction of records. The judge scheduled his sentencing for the same day as Rogers.\u003c/p>\n\u003cp>Rogers also faces charges of possession of illegal firearms and bomb charges in Napa County, with that next court hearing scheduled for October 4, his attorney said.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from The Associated Press and KQED’s Julie Small.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The delay comes after a federal judge declined to sign off on a plea deal for a Napa man who conspired to firebomb the Democratic Party's California headquarters, accusing the defendant of failing to show any remorse.",
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"title": "Sentencing Delayed for Napa Man Who Plotted to Destroy Democratic Headquarters | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge on Wednesday declined to sign off on a plea deal for a Napa man who plotted to firebomb the Democratic Party’s California headquarters in the wake of former President Donald Trump’s electoral defeat.\u003c/p>\n\u003cp>Ian Benjamin Rogers pleaded guilty in May to \u003ca href=\"https://www.kqed.org/news/11913965/plot-to-blow-up-democratic-headquarters-exposed-california-extremists-hiding-in-plain-sight\">conspiring to use explosives or fire to destroy the John L. Burton Democratic Headquarters in Sacramento\u003c/a>, and to possessing an explosive device and a machine gun. Under his plea deal, Rogers faced seven to nine years in prison, followed by a three-year term of supervised release and $250,000 in fines.\u003c/p>\u003c/div>",
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"content": "‘I have to say in … 23 years I’ve never seen that type of statement. I’ve never seen a defendant come in and simply say I regret I was caught.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But U.S. District Judge Charles Breyer said he was concerned by a statement Rogers made during the presentencing investigation, in which the defendant told the probation department he felt badly for putting himself in a situation “that allowed the government to destroy my life.”\u003c/p>\n\u003cp>“I have to say in … 23 years I’ve never seen that type of statement. I’ve never seen a defendant come in and simply say I regret I was caught,” Breyer said.\u003c/p>\n\u003cp>The judge asked federal prosecutors to justify why they thought a sentence of seven to nine years in prison would be appropriate, “especially in light of the defendant’s statements, which to the court suggests that he continues to be a substantial danger to the community,” Breyer said.\u003c/p>\n\u003cp>During the hearing, Breyer highlighted the detailed planning and steps Rogers had taken to destroy the building.\u003c/p>\n\u003cp>“He had five fully operational firebombs. He had an arsenal that would be the envy of the Ukrainian people,” Breyer said. “He had a map that he disseminated showing the exact location of the John Burton building. He had scoped it out and determined that the CHP and the fire department were in close proximity to that building.”\u003c/p>\n\u003cp>Breyer scheduled an October 27 court hearing to sentence Rogers and his co-defendant, Jarrod Copeland.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Rogers’ attorney, Colin Cooper, urged the judge to accept the current plea agreement, stressing that his client “regrets terribly” participating in the plot and had never before been in trouble with the law.\u003c/p>\n\u003cp>“I remain optimistic that when [the judge] hears from Mr. Rogers, hears further from me and hears further from the government that he will agree that the plea agreement reached and agreed upon between the government and Mr. Rogers was well-thought-out, was intensively discussed and negotiated and considered appropriate by both parties,” Cooper said.\u003c/p>\n\u003cp>Prior to his 2021 arrest, Rogers owned British Auto Repair of the Napa Valley and was known as a larger-than-life figure in the nearby business community. He was often seen exercising at a local gym with his friend and former employee Jarrod Copeland. According to people who knew him, Rogers posted pictures of himself on social media dressed in fatigues, and showing off his cars and guns.\u003c/p>\n\u003cp>In late November 2020, weeks after the presidential election, the FBI and local law enforcement were alerted by an anonymous tipster that Rogers, an outspoken supporter of then-President Trump was heavily armed and had threatened to kill people if Trump lost the election.\u003c/p>\n\u003cp>Prosecutors say Rogers used an \u003ca href=\"https://www.documentcloud.org/documents/22014785-copeland-rogers-motion-to-detain-public\">encrypted messaging application\u003c/a> to tell Copeland he would “hit the enemy in the mouth” by using Molotov cocktails and gasoline to attack targets including the Democratic Party headquarters, the governor’s mansion and the headquarters of social media giants Facebook and Twitter.\u003c/p>\n\u003cp>“I want to blow up a democrat building bad,” Rogers wrote in one of the messaging apps he used to communicate with Copeland, according to the indictment. In a different message, he declared his intent to “go to war” after President Biden was inaugurated.\u003c/p>\n\u003cp>The pair “hoped their attacks would prompt a movement,” prosecutors said when they announced the charges last July.\u003c/p>\n\u003cp>Napa County sheriff’s deputies secured search warrants after receiving an anonymous tip that Rogers possessed illegal guns. After searching his home and auto repair shop in January 2021, they seized nearly 50 firearms, thousands of rounds of ammunition and five pipe bombs, prosecutors said.\u003c/p>\n\u003cp>Agents also seized a “white privilege card,” which looks like a credit card and states “Trumps Everything” beneath the label, with the number 0045 repeated as a credit card number, signaling the 45th U.S. president. “Scott Free” is named as the cardholder, with a membership term listed as from “birth” through “death.”\u003c/p>\n\u003cp>Investigators also pointed to the “Three Percenters” bumper sticker on Rogers’ vehicle, signaling support for an anti-government movement named after the false belief that just 3% of American colonists defeated the British during the American Revolution.\u003c/p>\n\u003cp>Prosecutors say that in late December 2020, Copeland told Rogers he contacted an anti-government militia group to gather support for their movement.\u003c/p>\n\u003cp>Copeland previously pleaded guilty to conspiracy and destruction of records. The judge scheduled his sentencing for the same day as Rogers.\u003c/p>\n\u003cp>Rogers also faces charges of possession of illegal firearms and bomb charges in Napa County, with that next court hearing scheduled for October 4, his attorney said.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from The Associated Press and KQED’s Julie Small.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A group of unhoused San Francisco residents is taking the city to court over its sweeps of homeless encampments, arguing that forced displacements and destruction of property violate their constitutional rights.\u003c/p>\n\u003cp>Attorneys for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area and the ACLU of Northern California filed suit Tuesday evening on behalf of the Coalition on Homelessness and seven city residents who are unhoused or at risk of returning to the streets.[pullquote size=\"medium\" align=\"right\" citation=\"Zal Shroff, senior attorney, Lawyers' Committee For Civil Rights\"]‘You cannot criminalize homelessness. It is both counterproductive and unconstitutional. You have to stop investing in that.’[/pullquote]The lawsuit is asking the court to prevent the city from punishing people for sleeping on public property or seizing their belongings until the city can guarantee the availability of appropriate shelter.\u003c/p>\n\u003cp>“You cannot criminalize homelessness. It is both counterproductive and unconstitutional. You have to stop investing in that,” said Zal Shroff, senior attorney with the Lawyers’ Committee. He said the aim of the suit is to shift away from enforcement toward building affordable housing: “It has to be the city’s first and chief response to homelessness, and at this moment it’s the one thing that the city has simply not gotten its act together to do.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/23070382-filed-complaint-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">105-page complaint\u003c/a> draws on research and public records to depict a homelessness crisis shaped by a history of racist and exclusionary housing policies, and stoked by underinvestment in affordable housing and punitive practices.[aside postID=\"news_11922869,news_11914346\" label=\"Related Posts\"]The suit argues the city is “punishing residents who have nowhere to go” in violation of the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment. The argument draws on the Ninth Circuit’s 2019 decision in the Martin v. Boise case, which found that people who are homeless can’t be penalized for sleeping on public property, if there is no alternative offered.\u003c/p>\n\u003cp>The suit also alleges violations of the Fourth Amendment’s protection against unreasonable searches and seizures, and the 14th Amendment’s due process requirement.\u003c/p>\n\u003cp>“They would come out at, like, four in the morning, five in the morning. Usually when you’re in the dead of sleep and it’s very, very cold,” said Toro Castaño, 51, one of the plaintiffs in the suit. He was living on the streets of the Castro for two years, until the fall of 2021. “It was very traumatic because it’s very cold outside and a lot of things they’re taking are warm clothes, warm jackets, blankets, things that you need just to survive.”\u003c/p>\n\u003cp>Castaño had his belongings taken from him by the city four times during the pandemic, according to the complaint, and settled a claim against the city for $9,000 after his property was destroyed. He now lives in a co-op in the city.\u003c/p>\n\u003cp>While Castaño was unhoused, he said he was asked to move nearly every day. “It makes you very sleep-deprived, makes it difficult to make decisions, to make appointments, to try to look for work or try to look for jobs — basically to function,” he said.\u003c/p>\n\u003cp>Jennifer Friedenbach, executive director of the Coalition on Homelessness, said the goal of the lawsuit is to stop sweeps, which she said only perpetuate homelessness. “When the city takes folks’ IDs, their cellphones, the things that they need in order to really navigate a very complicated route off the streets, that ends up extending their homelessness,” she said, explaining that people can lose contact with social service providers and miss out on housing opportunities. “What we hear from folks again and again is they feel like they’re starting from scratch.”\u003c/p>\n\u003cp>She argues the city’s enforcement resources would be better spent on housing and treatment programs. “It’s in everyone’s interest to really, truly invest in the permanent solutions we need to solve homelessness,” she said.\u003c/p>\n\u003cp>The suit names the city and county of San Francisco; Mayor London Breed; Director of the Healthy Streets Operation Center Sam Dodge; and several city departments as defendants.\u003c/p>\n\u003cp>Jen Kwart, director of communications for the city attorney’s office, said in a statement, “The City is acutely focused on expanding our temporary shelter and permanent housing options to alleviate our homelessness crisis. Once we are served with the lawsuit, we will review the complaint and respond in court.”\u003c/p>\n\u003cp>\u003ca href=\"https://hsh.sfgov.org/get-involved/2022-pit-count/#:~:text=Since%20the%202019%20PIT%20Count,in%20housing%20and%20shelter%20resources.\">The city’s latest point-in-time count \u003c/a>found a total of about 7,700 people living on the streets or in shelters, a 3.5% decrease since 2019. But, Latinx homelessness spiked 55% and Black people continue to be overrepresented among the unhoused, at 38% of the total homeless population compared to 6% of the general population.\u003c/p>\n\u003cp>Based on the new count, officials now estimate that as many as 20,000 people experience homelessness in a full year.\u003c/p>\n\u003cp>From 2015 to 2022, the city built just 2,067 units of very-low-income housing, just a third of its goal, while far exceeding its goal for market rate housing, \u003ca href=\"https://sfplanning.org/sites/default/files/documents/reports/2020_Housing_Inventory.pdf\">according to the city’s 2020 housing inventory\u003c/a>.\u003c/p>\n\u003cp>Emily Cohen, deputy director of communications for the Department of Homelessness and Supportive Housing, points out that since 2017, the city has nearly doubled the number of housing units dedicated to people leaving homelessness.\u003c/p>\n\u003cp>The lawyers for the plaintiffs have filed \u003ca href=\"https://www.documentcloud.org/documents/23070383-filed-pi-motion-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">a motion for a preliminary injunction\u003c/a>, asking the court to ban the city from conducting sweeps or otherwise enforcing ordinances that punish sleeping on public property while the suit proceeds.\u003c/p>\n\u003cp>Castaño said he hopes the suit leads to more affordable housing and better conditions for people experiencing homelessness. “I’m hoping that people on the street will be protected a little more, that the things won’t be taken that they used to survive and to stay warm,” he said. “And there’s a little more compassion.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The lawsuit is asking the court to prevent the city from punishing people for sleeping on public property or seizing their belongings until the city can guarantee the availability of appropriate shelter.\u003c/p>\n\u003cp>“You cannot criminalize homelessness. It is both counterproductive and unconstitutional. You have to stop investing in that,” said Zal Shroff, senior attorney with the Lawyers’ Committee. He said the aim of the suit is to shift away from enforcement toward building affordable housing: “It has to be the city’s first and chief response to homelessness, and at this moment it’s the one thing that the city has simply not gotten its act together to do.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/23070382-filed-complaint-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">105-page complaint\u003c/a> draws on research and public records to depict a homelessness crisis shaped by a history of racist and exclusionary housing policies, and stoked by underinvestment in affordable housing and punitive practices.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The suit argues the city is “punishing residents who have nowhere to go” in violation of the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment. The argument draws on the Ninth Circuit’s 2019 decision in the Martin v. Boise case, which found that people who are homeless can’t be penalized for sleeping on public property, if there is no alternative offered.\u003c/p>\n\u003cp>The suit also alleges violations of the Fourth Amendment’s protection against unreasonable searches and seizures, and the 14th Amendment’s due process requirement.\u003c/p>\n\u003cp>“They would come out at, like, four in the morning, five in the morning. Usually when you’re in the dead of sleep and it’s very, very cold,” said Toro Castaño, 51, one of the plaintiffs in the suit. He was living on the streets of the Castro for two years, until the fall of 2021. “It was very traumatic because it’s very cold outside and a lot of things they’re taking are warm clothes, warm jackets, blankets, things that you need just to survive.”\u003c/p>\n\u003cp>Castaño had his belongings taken from him by the city four times during the pandemic, according to the complaint, and settled a claim against the city for $9,000 after his property was destroyed. He now lives in a co-op in the city.\u003c/p>\n\u003cp>While Castaño was unhoused, he said he was asked to move nearly every day. “It makes you very sleep-deprived, makes it difficult to make decisions, to make appointments, to try to look for work or try to look for jobs — basically to function,” he said.\u003c/p>\n\u003cp>Jennifer Friedenbach, executive director of the Coalition on Homelessness, said the goal of the lawsuit is to stop sweeps, which she said only perpetuate homelessness. “When the city takes folks’ IDs, their cellphones, the things that they need in order to really navigate a very complicated route off the streets, that ends up extending their homelessness,” she said, explaining that people can lose contact with social service providers and miss out on housing opportunities. “What we hear from folks again and again is they feel like they’re starting from scratch.”\u003c/p>\n\u003cp>She argues the city’s enforcement resources would be better spent on housing and treatment programs. “It’s in everyone’s interest to really, truly invest in the permanent solutions we need to solve homelessness,” she said.\u003c/p>\n\u003cp>The suit names the city and county of San Francisco; Mayor London Breed; Director of the Healthy Streets Operation Center Sam Dodge; and several city departments as defendants.\u003c/p>\n\u003cp>Jen Kwart, director of communications for the city attorney’s office, said in a statement, “The City is acutely focused on expanding our temporary shelter and permanent housing options to alleviate our homelessness crisis. Once we are served with the lawsuit, we will review the complaint and respond in court.”\u003c/p>\n\u003cp>\u003ca href=\"https://hsh.sfgov.org/get-involved/2022-pit-count/#:~:text=Since%20the%202019%20PIT%20Count,in%20housing%20and%20shelter%20resources.\">The city’s latest point-in-time count \u003c/a>found a total of about 7,700 people living on the streets or in shelters, a 3.5% decrease since 2019. But, Latinx homelessness spiked 55% and Black people continue to be overrepresented among the unhoused, at 38% of the total homeless population compared to 6% of the general population.\u003c/p>\n\u003cp>Based on the new count, officials now estimate that as many as 20,000 people experience homelessness in a full year.\u003c/p>\n\u003cp>From 2015 to 2022, the city built just 2,067 units of very-low-income housing, just a third of its goal, while far exceeding its goal for market rate housing, \u003ca href=\"https://sfplanning.org/sites/default/files/documents/reports/2020_Housing_Inventory.pdf\">according to the city’s 2020 housing inventory\u003c/a>.\u003c/p>\n\u003cp>Emily Cohen, deputy director of communications for the Department of Homelessness and Supportive Housing, points out that since 2017, the city has nearly doubled the number of housing units dedicated to people leaving homelessness.\u003c/p>\n\u003cp>The lawyers for the plaintiffs have filed \u003ca href=\"https://www.documentcloud.org/documents/23070383-filed-pi-motion-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">a motion for a preliminary injunction\u003c/a>, asking the court to ban the city from conducting sweeps or otherwise enforcing ordinances that punish sleeping on public property while the suit proceeds.\u003c/p>\n\u003cp>Castaño said he hopes the suit leads to more affordable housing and better conditions for people experiencing homelessness. “I’m hoping that people on the street will be protected a little more, that the things won’t be taken that they used to survive and to stay warm,” he said. “And there’s a little more compassion.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Bay Area civil rights advocates were reeling after Monday’s revelation that dozens of Alameda County sheriff’s deputies had failed the required psychological exams administered during the hiring process.\u003c/p>\n\u003cp>Jose Bernal, organizing director for the Ella Baker Center for Human Rights, an Oakland nonprofit, called the disclosure “absolutely horrifying and extremely disturbing.”\u003c/p>\n\u003cp>“It begs the question of how many of these deputies were involved in what incidents,” said Bernal, whose organization has long called for increased transparency from the sheriff’s office, especially concerning allegations of poor conditions inside Santa Rita Jail.\u003c/p>\n\u003cp>Since 2014, there have been more than 50 in-custody deaths in the massive county Dublin-based lockup, he said, a facility “plagued with abuse after abuse.” Santa Rita was the subject of \u003ca href=\"https://www.kqed.org/news/11918230/grand-jury-major-health-and-safety-violations-at-santa-rita-jail-require-urgent-attention\">a scathing grand jury\u003c/a> review released in June, just months after a federal judge placed the jail under court supervision for at least six years over conditions there.\u003c/p>\n\u003cp>The reaction from Bernal’s group and other activists comes less than a day after the Alameda County Sheriff’s Office announced \u003ca href=\"https://www.kqed.org/news/11926806/alameda-county-sheriffs-office-finds-47-deputies-hired-despite-failed-psych-tests-strips-officers-of-guns\">it had stripped 47 deputies of their guns and arrest powers\u003c/a> after an internal audit found those officers’ test results deemed them “unsuitable” to serve as peace officers, under state law.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11926806,news_11918230\"]Alameda County Sheriff Gregory Ahern said Monday that each of the deputies will be retested, and will continue to receive pay and benefits in the interim.\u003c/p>\n\u003cp>Lt. Ray Kelly, a spokesperson for the sheriff’s office, told KQED on Tuesday that it was appropriate for the public to be concerned by the news. “We will remedy it and, moving forward, it won’t happen again,” he said.\u003c/p>\n\u003cp>Kelly said the district attorney will be involved in reviewing cases where the affected deputies were involved.\u003c/p>\n\u003cp>Bernal, however, voiced serious concerns about the retesting process.\u003c/p>\n\u003cp>“It felt like a wink. Like, we’re going to make sure this gets taken care of and you’ll be back,” he said. “The whole situation major raises accountability questions, not just for deputies, but also for the leadership that has allowed this to happen for this long.”\u003c/p>\n\u003cp>The internal investigation was sparked by an incident earlier this month in which an off-duty sheriff’s deputy allegedly \u003ca href=\"https://www.kqed.org/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying\">shot and killed two people he knew\u003c/a>. Multiple sources told KTVU-TV that the deputy, who was hired a year ago, had failed his psychological exam, despite recent claims by Kelly that he had passed it.\u003c/p>\n\u003cp>John Burris, an Oakland-based civil rights attorney, described the psychological exam in question as one of the most important tests an officer must pass to get hired.\u003c/p>\n\u003cp>“Psychological makeup is important, because it really can affect how you do your job,” said Burris. “Whether you appreciate deescalation, whether you respect the community that you’re living in. Are you a hothead? Are you cool or not in under-pressure situations? Do you overreact? These are critical issues that you want to know when you hire someone.\u003c/p>\n\u003cp>“Officers who fail a psychological profile should definitely not be hired and certainly not be trusted with a gun and a badge,” Burris continued, adding that it was “disturbing” to learn the county had allowed some of these deputies to be on duty for as many as six years.\u003c/p>\n\u003cp>“They were basically playing Russian roulette with the community,” he said.\u003c/p>\n\u003cp>James Burch, deputy director of the Oakland-based Anti Police-Terror Project, called the revelation “horrifying but not surprising.”\u003c/p>\n\u003cp>“We must now determine how many community members have been stopped, harassed, detained, harmed, or killed by deputies who, according to the law, should never have interacted with them in the first place,” he said in a statement. “We can only imagine how the families … feel after hearing that the officers responsible for their loved ones’ deaths were quite possibly not authorized to use force under color of state law.”\u003c/p>\n\u003cp>Attorney Burris noted, however, that the disclosure could ultimately be positive.\u003c/p>\n\u003cp>“Better late than never,” he said. “I’m hoping this will mean there may be fewer officers who are not able to handle the job psychologically. And maybe it’s better treatment for the inmates. Better treatment for the people on the streets.”\u003c/p>\n\u003cp>The U.S. Deputy Sheriff’s Association did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed reporting.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Bay Area civil rights advocates were reeling after Monday’s revelation that dozens of Alameda County sheriff’s deputies had failed the required psychological exams administered during the hiring process.\u003c/p>\n\u003cp>Jose Bernal, organizing director for the Ella Baker Center for Human Rights, an Oakland nonprofit, called the disclosure “absolutely horrifying and extremely disturbing.”\u003c/p>\n\u003cp>“It begs the question of how many of these deputies were involved in what incidents,” said Bernal, whose organization has long called for increased transparency from the sheriff’s office, especially concerning allegations of poor conditions inside Santa Rita Jail.\u003c/p>\n\u003cp>Since 2014, there have been more than 50 in-custody deaths in the massive county Dublin-based lockup, he said, a facility “plagued with abuse after abuse.” Santa Rita was the subject of \u003ca href=\"https://www.kqed.org/news/11918230/grand-jury-major-health-and-safety-violations-at-santa-rita-jail-require-urgent-attention\">a scathing grand jury\u003c/a> review released in June, just months after a federal judge placed the jail under court supervision for at least six years over conditions there.\u003c/p>\n\u003cp>The reaction from Bernal’s group and other activists comes less than a day after the Alameda County Sheriff’s Office announced \u003ca href=\"https://www.kqed.org/news/11926806/alameda-county-sheriffs-office-finds-47-deputies-hired-despite-failed-psych-tests-strips-officers-of-guns\">it had stripped 47 deputies of their guns and arrest powers\u003c/a> after an internal audit found those officers’ test results deemed them “unsuitable” to serve as peace officers, under state law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Alameda County Sheriff Gregory Ahern said Monday that each of the deputies will be retested, and will continue to receive pay and benefits in the interim.\u003c/p>\n\u003cp>Lt. Ray Kelly, a spokesperson for the sheriff’s office, told KQED on Tuesday that it was appropriate for the public to be concerned by the news. “We will remedy it and, moving forward, it won’t happen again,” he said.\u003c/p>\n\u003cp>Kelly said the district attorney will be involved in reviewing cases where the affected deputies were involved.\u003c/p>\n\u003cp>Bernal, however, voiced serious concerns about the retesting process.\u003c/p>\n\u003cp>“It felt like a wink. Like, we’re going to make sure this gets taken care of and you’ll be back,” he said. “The whole situation major raises accountability questions, not just for deputies, but also for the leadership that has allowed this to happen for this long.”\u003c/p>\n\u003cp>The internal investigation was sparked by an incident earlier this month in which an off-duty sheriff’s deputy allegedly \u003ca href=\"https://www.kqed.org/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying\">shot and killed two people he knew\u003c/a>. Multiple sources told KTVU-TV that the deputy, who was hired a year ago, had failed his psychological exam, despite recent claims by Kelly that he had passed it.\u003c/p>\n\u003cp>John Burris, an Oakland-based civil rights attorney, described the psychological exam in question as one of the most important tests an officer must pass to get hired.\u003c/p>\n\u003cp>“Psychological makeup is important, because it really can affect how you do your job,” said Burris. “Whether you appreciate deescalation, whether you respect the community that you’re living in. Are you a hothead? Are you cool or not in under-pressure situations? Do you overreact? These are critical issues that you want to know when you hire someone.\u003c/p>\n\u003cp>“Officers who fail a psychological profile should definitely not be hired and certainly not be trusted with a gun and a badge,” Burris continued, adding that it was “disturbing” to learn the county had allowed some of these deputies to be on duty for as many as six years.\u003c/p>\n\u003cp>“They were basically playing Russian roulette with the community,” he said.\u003c/p>\n\u003cp>James Burch, deputy director of the Oakland-based Anti Police-Terror Project, called the revelation “horrifying but not surprising.”\u003c/p>\n\u003cp>“We must now determine how many community members have been stopped, harassed, detained, harmed, or killed by deputies who, according to the law, should never have interacted with them in the first place,” he said in a statement. “We can only imagine how the families … feel after hearing that the officers responsible for their loved ones’ deaths were quite possibly not authorized to use force under color of state law.”\u003c/p>\n\u003cp>Attorney Burris noted, however, that the disclosure could ultimately be positive.\u003c/p>\n\u003cp>“Better late than never,” he said. “I’m hoping this will mean there may be fewer officers who are not able to handle the job psychologically. And maybe it’s better treatment for the inmates. Better treatment for the people on the streets.”\u003c/p>\n\u003cp>The U.S. Deputy Sheriff’s Association did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed reporting.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Despite Privacy Concerns, San Francisco Supervisors Expand Police Access to Live Camera Feeds",
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"content": "\u003cp>San Francisco \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=11240602&GUID=8E192C3D-24AF-4851-A25A-DC5DA85E7E77\">supervisors voted Tuesday for a trial run allowing police to monitor, in real time, private surveillance cameras\u003c/a> in certain circumstances, despite strong objections from civil liberties groups alarmed by the potential impact on privacy.\u003c/p>\n\u003cp>Mayor London Breed requested the ability to monitor in real time and was supported by merchants and residents who say police officers need more tools to combat drug dealing and retail theft they say have marred the city’s quality of life. It is temporary and will sunset in 15 months.\u003c/p>\n\u003cp>The vote was 7-4, with some supervisors astonished that the governing board of politically liberal San Francisco would consider granting more powers to law enforcement in a city that celebrates its activism. Others pushed back, saying they were tired of sophisticated criminal networks taking advantage of San Francisco’s lax attitude toward retail theft and other property crimes.\u003c/p>\n\u003cp>Supervisor Aaron Peskin, a privacy advocate who successfully passed legislation in 2019 to \u003ca href=\"https://www.kqed.org/news/11746658/san-francisco-may-ban-police-city-use-of-facial-recognition-technology\">ban the use of facial recognition software\u003c/a> by San Francisco police and other city departments, voted for the expansion. He said his team worked hard with the mayor and other members of the board to negotiate safeguards, including strict reporting requirements on when live monitoring was used and whether it improved safety.\u003c/p>\n\u003cp>“I realized that is anathema to some,” said Peskin. “I am willing to give it a try.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Police use of private surveillance equipment has ramped up across the country as a way to deter and investigate crime. Most use is voluntary, as it is in San Francisco, although a new ordinance in Houston, Texas, mandates certain businesses — bars, nightclubs and convenience stores — to record outside their premises at all times and share footage with police when requested.\u003c/p>\n\u003cp>In San Francisco, the new policy comes after years of a tumultuous pandemic in which viral footage of rampant shoplifting and brutal attacks on Asian Americans fueled a sense of unease and lawlessness.\u003c/p>\n\u003cp>Under the new rules, police can monitor live for up to 24 hours, but only in emergencies where lives are at stake or in criminal investigations with a captain’s written approval. They can also monitor high-profile events to decide where to deploy officers. Permission must be received from the individual, business or community district for access to their cameras. Only outdoor areas can be monitored.[aside label=\"Related Stories\" postID=\"news_11841385,news_11899726,news_11747249\"]The trial period will last 15 months, giving supervisors about a year’s worth of data to review before they decide whether to extend the pilot program, tweak it or end it, Peskin said.\u003c/p>\n\u003cp>The ACLU of Northern California was among more than two dozen groups that called on supervisors to prohibit live surveillance except in emergencies, saying it would disproportionately affect African Americans and other vulnerable communities.\u003c/p>\n\u003cp>The ACLU and the Electronic Frontier Foundation sued San Francisco on behalf of protestors in 2020, claiming \u003ca href=\"https://www.kqed.org/news/11841385/sf-police-used-camera-network-to-illegally-spy-on-protestors-new-lawsuit-alleges\">San Francisco police illegally monitored live feeds of protestors\u003c/a> who were marching in the wake of George Floyd’s death.\u003c/p>\n\u003cp>Privacy advocates argued that police violated a local ordinance requiring the department to gain permission from the Board of Supervisors to monitor live feeds when they accessed a camera network operated by the Union Square Business Improvement District.\u003c/p>\n\u003cp>They also said police surveillance of public demonstrations can discourage people from exercising their rights to free speech and assembly.\u003c/p>\n\u003cp>In February, a judge decided in favor of San Francisco. In his ruling, San Francisco Superior Court Judge Richard Ulmer said the Union Square group gave police access to the cameras for the 2019 Pride Parade, before the ordinance was implemented, and therefore the police were allowed to continue accessing the network.\u003c/p>\n\u003cp>The two advocacy groups announced last month that they will appeal the decision.\u003c/p>\n\u003cp>Board President Shamann Walton, who is Black and voted against the legislation, said police already have the tools to request video footage from private citizens and make arrests.\u003c/p>\n\u003cp>“I know the thought process is, ‘Just trust us, just trust the police department.’ But the reality is people have been violating civil liberties since my ancestors were brought here from an entirely, completely different continent,” he said.\u003c/p>\n\u003cp>Mayor Breed thanked the board, saying live surveillance would allow the police “to respond to the challenges presented by organized criminal activity, homicides, gun violence,” and even officer misconduct.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11899726/sf-mayor-breed-declares-state-of-emergency-in-tenderloin\">In December, the mayor called for a crackdown\u003c/a> on illegal vending and drug dealing in the Tenderloin, one of the most economically disadvantaged neighborhoods in the city with among the highest overdose rates. At the time, she announced she would seek legislation allowing law enforcement real-time access to surveillance video.\u003c/p>\n\u003cp>Despite her harsh words — Breed said it was time to be “less tolerant of all the bull— that has destroyed our city” — the neighborhood remains troubled.\u003c/p>\n\u003cp>In June, \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">San Francisco’s progressive prosecutor Chesa Boudin was ousted\u003c/a> from the district attorney’s office in a rare recall and replaced by Brooke Jenkins, who supports the trial program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>To become law, the proposal needs a second vote, which is usually perfunctory and given the following week. Two members of the city’s five-member police commission, a citizen-led oversight body, have requested that the board hold off on the final vote until they have an opportunity to review the legislation.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco \u003ca href=\"https://sfgov.legistar.com/View.ashx?M=F&ID=11240602&GUID=8E192C3D-24AF-4851-A25A-DC5DA85E7E77\">supervisors voted Tuesday for a trial run allowing police to monitor, in real time, private surveillance cameras\u003c/a> in certain circumstances, despite strong objections from civil liberties groups alarmed by the potential impact on privacy.\u003c/p>\n\u003cp>Mayor London Breed requested the ability to monitor in real time and was supported by merchants and residents who say police officers need more tools to combat drug dealing and retail theft they say have marred the city’s quality of life. It is temporary and will sunset in 15 months.\u003c/p>\n\u003cp>The vote was 7-4, with some supervisors astonished that the governing board of politically liberal San Francisco would consider granting more powers to law enforcement in a city that celebrates its activism. Others pushed back, saying they were tired of sophisticated criminal networks taking advantage of San Francisco’s lax attitude toward retail theft and other property crimes.\u003c/p>\n\u003cp>Supervisor Aaron Peskin, a privacy advocate who successfully passed legislation in 2019 to \u003ca href=\"https://www.kqed.org/news/11746658/san-francisco-may-ban-police-city-use-of-facial-recognition-technology\">ban the use of facial recognition software\u003c/a> by San Francisco police and other city departments, voted for the expansion. He said his team worked hard with the mayor and other members of the board to negotiate safeguards, including strict reporting requirements on when live monitoring was used and whether it improved safety.\u003c/p>\n\u003cp>“I realized that is anathema to some,” said Peskin. “I am willing to give it a try.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The trial period will last 15 months, giving supervisors about a year’s worth of data to review before they decide whether to extend the pilot program, tweak it or end it, Peskin said.\u003c/p>\n\u003cp>The ACLU of Northern California was among more than two dozen groups that called on supervisors to prohibit live surveillance except in emergencies, saying it would disproportionately affect African Americans and other vulnerable communities.\u003c/p>\n\u003cp>The ACLU and the Electronic Frontier Foundation sued San Francisco on behalf of protestors in 2020, claiming \u003ca href=\"https://www.kqed.org/news/11841385/sf-police-used-camera-network-to-illegally-spy-on-protestors-new-lawsuit-alleges\">San Francisco police illegally monitored live feeds of protestors\u003c/a> who were marching in the wake of George Floyd’s death.\u003c/p>\n\u003cp>Privacy advocates argued that police violated a local ordinance requiring the department to gain permission from the Board of Supervisors to monitor live feeds when they accessed a camera network operated by the Union Square Business Improvement District.\u003c/p>\n\u003cp>They also said police surveillance of public demonstrations can discourage people from exercising their rights to free speech and assembly.\u003c/p>\n\u003cp>In February, a judge decided in favor of San Francisco. In his ruling, San Francisco Superior Court Judge Richard Ulmer said the Union Square group gave police access to the cameras for the 2019 Pride Parade, before the ordinance was implemented, and therefore the police were allowed to continue accessing the network.\u003c/p>\n\u003cp>The two advocacy groups announced last month that they will appeal the decision.\u003c/p>\n\u003cp>Board President Shamann Walton, who is Black and voted against the legislation, said police already have the tools to request video footage from private citizens and make arrests.\u003c/p>\n\u003cp>“I know the thought process is, ‘Just trust us, just trust the police department.’ But the reality is people have been violating civil liberties since my ancestors were brought here from an entirely, completely different continent,” he said.\u003c/p>\n\u003cp>Mayor Breed thanked the board, saying live surveillance would allow the police “to respond to the challenges presented by organized criminal activity, homicides, gun violence,” and even officer misconduct.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11899726/sf-mayor-breed-declares-state-of-emergency-in-tenderloin\">In December, the mayor called for a crackdown\u003c/a> on illegal vending and drug dealing in the Tenderloin, one of the most economically disadvantaged neighborhoods in the city with among the highest overdose rates. At the time, she announced she would seek legislation allowing law enforcement real-time access to surveillance video.\u003c/p>\n\u003cp>Despite her harsh words — Breed said it was time to be “less tolerant of all the bull— that has destroyed our city” — the neighborhood remains troubled.\u003c/p>\n\u003cp>In June, \u003ca href=\"https://www.kqed.org/news/11916212/chesa-boudin-recall-sf-voters-on-track-to-oust-district-attorney\">San Francisco’s progressive prosecutor Chesa Boudin was ousted\u003c/a> from the district attorney’s office in a rare recall and replaced by Brooke Jenkins, who supports the trial program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>To become law, the proposal needs a second vote, which is usually perfunctory and given the following week. Two members of the city’s five-member police commission, a citizen-led oversight body, have requested that the board hold off on the final vote until they have an opportunity to review the legislation.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Ebony Antoine and her husband, Corry Rojas, moved from Oakland to Stockton in 2003 for cheaper rent and an opportunity to grow their family.\u003c/p>\n\u003cp>By 2010, they were happily raising their three children in an apartment complex. When the unit next door opened up, Antoine talked her best friend into moving in with her two teenage sons from Oakland — Antoine and Rojas were the boys’ godparents.\u003c/p>\n\u003cp>Rojas, she thought, could be a role model for the teenage boys, whose father wasn’t around.\u003c/p>\n\u003cp>One warm Saturday night that year, they heard gunshots outside.\u003c/p>\n\u003cp>“We drop, we get on the floor and then we can hear the young man moaning,” Antoine recalled. “And so my husband said, I’m not going to let him die alone. I’m going to go out there.”[pullquote size=\"medium\" align=\"right\" citation=\"Ebony Antoine, founder, Broken by Violence\"]‘There’s no resources. But somehow you’re supposed to dust yourself off and pretend like this horrific crime never happened.’[/pullquote]\u003c/p>\n\u003cp>The next day, a detective knocked on the door, and Antoine let him in. Rojas answered some questions — he didn’t have much to tell, since he hadn’t witnessed the shooting. But about two weeks later, someone else knocked on their front door. One of his godsons answered. Rojas pushed him out of the way and was shot point-blank in front of his children and godchildren.\u003c/p>\n\u003cp>“My son was there, my youngest daughter was in that same living room and my oldest daughter, I remember her wailing from the stairs — 10 years old and her father was her everything,” Antonie said.\u003c/p>\n\u003cp>Rojas’ murder would have been devastating enough. But afterward, Antoine says, she was repeatedly retraumatized. Like many families of color who lose loved ones to violence, she was confronted by \u003ca href=\"https://www.law.berkeley.edu/wp-content/uploads/2020/01/Living-with-Impunity.pdf\">a government system that has historically excluded\u003c/a> those communities from the services and compensation promised to victims of crime in California. That system included police, prosecutors and the state of California itself.\u003c/p>\n\u003cp>“Honestly, I was treated like I really didn’t matter,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11925076\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925076\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in a red shirt and a younger woman in a white shirt make a bracelet\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, helps her daughter Courtney Rojas make a bracelet during a healing circle for people affected by violence. The organization helps connect survivors of crime with resources and offers emotional support. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rojas’ murder remains unsolved. After his death, Antoine applied for help through the state’s Victim Compensation Board, which offers financial assistance to crime survivors. It did cover the funeral. But they denied virtually everything else — moving costs, help relocating to a home where her family felt safe, help with the income they lost when their main provider was murdered.\u003c/p>\n\u003cp>“There’s no resources. But somehow you’re supposed to dust yourself off and pretend like this horrific crime never happened,” she said.\u003c/p>\n\u003cp>But she and others are working to change that — and they’re making headway. After decades during which the debate over what crime victims want and need was dominated by a handful of groups closely aligned with law enforcement and largely focused on criminal punishment, a new movement has emerged.\u003c/p>\n\u003cp>It’s being led by the communities most affected by violence, largely women of color — the mothers, sisters, wives and girlfriends who have been left reeling. And they’re demanding that California take a more holistic view of who is considered victims.\u003c/p>\n\u003cp>One of the groups helping organize crime survivors is Californians for Safety and Justice, a nonprofit that views the mission of helping both criminal offenders and victims as interconnected and necessary in order to build safer communities. Tinisch Hollins is the group’s executive director and lost two brothers to gun violence herself.\u003c/p>\n\u003cp>She said it’s not unusual for family members of crime victims to be treated like suspects by police.\u003c/p>\n\u003cp>“You know, it’s not impossible for someone to have both experiences,” Hollins said. “It’s not impossible for someone to have had a criminal record or had past contact with the criminal legal system and be a victim of a crime.”[aside postID=\"news_11910871\" label=\"Related Post\"]Californians for Safety and Justice is best known for their work on criminal justice reforms, including the controversial Proposition 47. That 2014 ballot measure made many low-level felonies, such as drug possession, misdemeanors and raised the dollar threshold for prosecuting shoplifting. Many in law enforcement have blamed it for changes to crime patterns.\u003c/p>\n\u003cp>But they’ve also created a network of thousands of crime survivors — including Antoine — who have lobbied for changes to state law so there’s acknowledgement of the damage violence wreaks on communities.\u003c/p>\n\u003cp>For example, for decades, California’s Victim Compensation Board has required victims to cooperate with police and excluded anyone on parole or who police believe was involved in the crime. And the gatekeepers making those judgments — whether someone is listed in the police report as a victim, whether they are deemed to be cooperating — are often police officers.\u003c/p>\n\u003cp>The way the law has been structured, Hollins said, “excludes some of those people from being recognized as a victim, from being able to access trauma recovery services or get mental health or get relocated.”\u003c/p>\n\u003cfigure id=\"attachment_11925077\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925077\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in red has a bracelet put on her by a friend\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, holds a healing circle for people affected by violence in Fairfield. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mariam El-menshawi is director of the California Victims Legal Resource Center, which runs a hotline — 1-800-VICTIMS — and website to provide assistance and resources to crime survivors. She said leaving so many people out of the survivor system only creates more crime — and more victims.\u003c/p>\n\u003cp>“It stops them from being able to move on and to heal from the injury,” she said. “So it definitely creates a cycle where people, you know, aren’t able to access help and then they just go back into this same hurt.”\u003c/p>\n\u003cp>But things appear to be changing. Advocates including Antoine and Hollins have netted several legislative wins this year — California is increasing the amount of cash many victims can get, including relocation expenses. And they are\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB160\"> removing some of those barriers to qualifying for the victims compensation fund\u003c/a> — people on parole and probation will now be able to access the fund, and not everyone will have to cooperate with police to qualify.\u003c/p>\n\u003cp>Additionally, the \u003ca href=\"https://ebudget.ca.gov/2022-23/pdf/Enacted/BudgetSummary/CriminalJustice.pdf\">state budget includes more than $300 million\u003c/a> for programs aimed at both supporting victims and preventing future crimes. That includes $50 million that will be given as grants to community organizations, who can then offer families in vulnerable communities flexible, direct cash assistance that’s not tied to the traditional victims compensation fund.\u003c/p>\n\u003cp>Ebony Antonie helped come up with some of these ideas — she is now a full-time advocate through her nonprofit, Broken by Violence. The organization provides resources and coping skills for grieving family members and victims of violence.\u003c/p>\n\u003cp>But for her family, most of these changes come too late, even though the impacts of her husband’s still unsolved murder continue to ripple. Her then-teenage godson — who opened the door the night Rojas was murdered — is now serving a prison sentence himself for murder.\u003c/p>\n\u003cp>But her three kids are doing well. And she’s finding purpose in her work helping other crime survivors get the services and help she didn’t.\u003c/p>\n\u003cp>“God knew that I was not going to allow Corry’s death to be something that would be my demise, and I would turn my pain into power,” she said. “I was desperate to find someone that had a success story after experiencing something so horrific … So I decided that I would be that. Broken by Violence gives me an opportunity to let people know I look like you, I’ve suffered like you, and I’m going to go to bat for you.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ebony Antoine and her husband, Corry Rojas, moved from Oakland to Stockton in 2003 for cheaper rent and an opportunity to grow their family.\u003c/p>\n\u003cp>By 2010, they were happily raising their three children in an apartment complex. When the unit next door opened up, Antoine talked her best friend into moving in with her two teenage sons from Oakland — Antoine and Rojas were the boys’ godparents.\u003c/p>\n\u003cp>Rojas, she thought, could be a role model for the teenage boys, whose father wasn’t around.\u003c/p>\n\u003cp>One warm Saturday night that year, they heard gunshots outside.\u003c/p>\n\u003cp>“We drop, we get on the floor and then we can hear the young man moaning,” Antoine recalled. “And so my husband said, I’m not going to let him die alone. I’m going to go out there.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The next day, a detective knocked on the door, and Antoine let him in. Rojas answered some questions — he didn’t have much to tell, since he hadn’t witnessed the shooting. But about two weeks later, someone else knocked on their front door. One of his godsons answered. Rojas pushed him out of the way and was shot point-blank in front of his children and godchildren.\u003c/p>\n\u003cp>“My son was there, my youngest daughter was in that same living room and my oldest daughter, I remember her wailing from the stairs — 10 years old and her father was her everything,” Antonie said.\u003c/p>\n\u003cp>Rojas’ murder would have been devastating enough. But afterward, Antoine says, she was repeatedly retraumatized. Like many families of color who lose loved ones to violence, she was confronted by \u003ca href=\"https://www.law.berkeley.edu/wp-content/uploads/2020/01/Living-with-Impunity.pdf\">a government system that has historically excluded\u003c/a> those communities from the services and compensation promised to victims of crime in California. That system included police, prosecutors and the state of California itself.\u003c/p>\n\u003cp>“Honestly, I was treated like I really didn’t matter,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11925076\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925076\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in a red shirt and a younger woman in a white shirt make a bracelet\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/011_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, helps her daughter Courtney Rojas make a bracelet during a healing circle for people affected by violence. The organization helps connect survivors of crime with resources and offers emotional support. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rojas’ murder remains unsolved. After his death, Antoine applied for help through the state’s Victim Compensation Board, which offers financial assistance to crime survivors. It did cover the funeral. But they denied virtually everything else — moving costs, help relocating to a home where her family felt safe, help with the income they lost when their main provider was murdered.\u003c/p>\n\u003cp>“There’s no resources. But somehow you’re supposed to dust yourself off and pretend like this horrific crime never happened,” she said.\u003c/p>\n\u003cp>But she and others are working to change that — and they’re making headway. After decades during which the debate over what crime victims want and need was dominated by a handful of groups closely aligned with law enforcement and largely focused on criminal punishment, a new movement has emerged.\u003c/p>\n\u003cp>It’s being led by the communities most affected by violence, largely women of color — the mothers, sisters, wives and girlfriends who have been left reeling. And they’re demanding that California take a more holistic view of who is considered victims.\u003c/p>\n\u003cp>One of the groups helping organize crime survivors is Californians for Safety and Justice, a nonprofit that views the mission of helping both criminal offenders and victims as interconnected and necessary in order to build safer communities. Tinisch Hollins is the group’s executive director and lost two brothers to gun violence herself.\u003c/p>\n\u003cp>She said it’s not unusual for family members of crime victims to be treated like suspects by police.\u003c/p>\n\u003cp>“You know, it’s not impossible for someone to have both experiences,” Hollins said. “It’s not impossible for someone to have had a criminal record or had past contact with the criminal legal system and be a victim of a crime.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Californians for Safety and Justice is best known for their work on criminal justice reforms, including the controversial Proposition 47. That 2014 ballot measure made many low-level felonies, such as drug possession, misdemeanors and raised the dollar threshold for prosecuting shoplifting. Many in law enforcement have blamed it for changes to crime patterns.\u003c/p>\n\u003cp>But they’ve also created a network of thousands of crime survivors — including Antoine — who have lobbied for changes to state law so there’s acknowledgement of the damage violence wreaks on communities.\u003c/p>\n\u003cp>For example, for decades, California’s Victim Compensation Board has required victims to cooperate with police and excluded anyone on parole or who police believe was involved in the crime. And the gatekeepers making those judgments — whether someone is listed in the police report as a victim, whether they are deemed to be cooperating — are often police officers.\u003c/p>\n\u003cp>The way the law has been structured, Hollins said, “excludes some of those people from being recognized as a victim, from being able to access trauma recovery services or get mental health or get relocated.”\u003c/p>\n\u003cfigure id=\"attachment_11925077\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11925077\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg\" alt=\"a woman in red has a bracelet put on her by a friend\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/022_KQED_EbonyAntoineBrokenByViolence_05172022-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ebony Antoine, founder of Broken by Violence, holds a healing circle for people affected by violence in Fairfield. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mariam El-menshawi is director of the California Victims Legal Resource Center, which runs a hotline — 1-800-VICTIMS — and website to provide assistance and resources to crime survivors. She said leaving so many people out of the survivor system only creates more crime — and more victims.\u003c/p>\n\u003cp>“It stops them from being able to move on and to heal from the injury,” she said. “So it definitely creates a cycle where people, you know, aren’t able to access help and then they just go back into this same hurt.”\u003c/p>\n\u003cp>But things appear to be changing. Advocates including Antoine and Hollins have netted several legislative wins this year — California is increasing the amount of cash many victims can get, including relocation expenses. And they are\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB160\"> removing some of those barriers to qualifying for the victims compensation fund\u003c/a> — people on parole and probation will now be able to access the fund, and not everyone will have to cooperate with police to qualify.\u003c/p>\n\u003cp>Additionally, the \u003ca href=\"https://ebudget.ca.gov/2022-23/pdf/Enacted/BudgetSummary/CriminalJustice.pdf\">state budget includes more than $300 million\u003c/a> for programs aimed at both supporting victims and preventing future crimes. That includes $50 million that will be given as grants to community organizations, who can then offer families in vulnerable communities flexible, direct cash assistance that’s not tied to the traditional victims compensation fund.\u003c/p>\n\u003cp>Ebony Antonie helped come up with some of these ideas — she is now a full-time advocate through her nonprofit, Broken by Violence. The organization provides resources and coping skills for grieving family members and victims of violence.\u003c/p>\n\u003cp>But for her family, most of these changes come too late, even though the impacts of her husband’s still unsolved murder continue to ripple. Her then-teenage godson — who opened the door the night Rojas was murdered — is now serving a prison sentence himself for murder.\u003c/p>\n\u003cp>But her three kids are doing well. And she’s finding purpose in her work helping other crime survivors get the services and help she didn’t.\u003c/p>\n\u003cp>“God knew that I was not going to allow Corry’s death to be something that would be my demise, and I would turn my pain into power,” she said. “I was desperate to find someone that had a success story after experiencing something so horrific … So I decided that I would be that. Broken by Violence gives me an opportunity to let people know I look like you, I’ve suffered like you, and I’m going to go to bat for you.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The intense hunt for an Alameda County sheriff’s deputy — the suspect in a bizarre double-slaying in which a husband and wife were shot early Wednesday morning in their home — ended abruptly nearly 12 hours later with a phone call.\u003c/p>\n\u003cp>Devin Williams Jr., a deputy with the Alameda County Sheriff’s Office, called authorities after he fled the shooting and said he wanted to turn himself in, officials said.[pullquote size=\"medium\" align=\"right\" citation=\"Garrett Holmes, Dublin police chief \"]‘It’s a great loss for our community, and it’s even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident.’[/pullquote]\u003c/p>\n\u003cp>Police stayed on the phone with him until the off-duty deputy was taken into custody by the California Highway Patrol in a rural area near the Central Valley city of Coalinga, about 160 miles south of the crime scene.\u003c/p>\n\u003cp>Police had earlier launched a manhunt for Williams, 24, and warned he was considered armed and dangerous.\u003c/p>\n\u003cp>“It’s a great loss for our community, and it’s even more disheartening to find out that it was one of our own that was the trigger-person behind this tragic incident,” said Dublin Police Chief Garrett Holmes, who is also a commander in the sheriff’s office.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Authorities said Williams was in a mental health crisis and Holmes personally spent 45 minutes on the phone talking with the deputy to convince him to surrender.\u003c/p>\n\u003cp>Police were called to a home in the East Bay city of Dublin around 12:45 a.m. The 911 caller said an intruder had come into the home brandishing a gun and shot two people before fleeing in a vehicle, Holmes said at a news conference Wednesday morning.\u003c/p>\n\u003cp>Witnesses identified the gunman as Williams.\u003c/p>\n\u003cp>Police said Williams used his service weapon in the shooting and threw it out his car window as he fled. Detectives were still searching for the gun.\u003c/p>\n\u003cp>Both victims, a 42-year-old woman and a 58-year-old man whose names were not immediately released, were pronounced dead at the scene.[aside tag=\"police, justice\" label=\"More Related Stories\"]Williams was hired by the Alameda County sheriff’s office last year, after a brief stint with Stockton Police. Officials said he did not pass a field probationary period in Stockton, and was let go by that department.\u003c/p>\n\u003cp>Williams knew the couple, but investigators were still trying “to fine-tune their connection” and determine the motive, according to Alameda County sheriff’s spokesperson Lt. Ray Kelly.\u003c/p>\n\u003cp>The sheriff’s department says both victims, a man and a woman, died in the residence. They have one child, whom law enforcement believe was at home at the time of the shooting and was not injured. Also in the home was a male relative of the couple who was visiting.\u003c/p>\n\u003cp>The male relative was unhurt and was talking to detectives about what occurred, Kelly said.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-11924894\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg\" alt=\"Photo of two large badges behind a display window with the words 'loyalty, leadership and integrity'\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>“This was not a random crime,” Kelly said. “This is a very bizarre chain of events that unfolded.”\u003c/p>\n\u003cp>Kelly said Williams went through “some significant events” in his life in the last few months that led to the killings but did not specify what had happened.\u003c/p>\n\u003cp>“A lot of those events went undiscovered and undisclosed and we’re going to be looking into that. There’s a lot of questions that need to be answered,” he said.\u003c/p>\n\u003cp>Kelly said Williams had been with the sheriff’s office since September 2021 and was still on probation. He had been assigned to the Oakland courthouse and there were no concerns about his job performance.\u003c/p>\n\u003cp>“This is a tragedy. We’re all in shock here,” Kelly said.\u003c/p>\n\u003cp>Wednesday was Williams’ one-year anniversary with the sheriff’s office, and the agency’s investigators were spending it trying to figure out what prompted the violence.\u003c/p>\n\u003cp>“He grew up in a very affluent home, well-loved, graduated from college with honors, was really a remarkable young person. How we got here today, it will be part of our investigation and something we’re looking at,” Kelly said.\u003c/p>\n\u003cp>Williams, who is from Stockton, briefly worked with the Stockton Police Department, where he completed their police academy but was ultimately let go after he failed their field training program, Kelly said.\u003c/p>\n\u003cp>Stockton Police spokesperson Officer Joseph Silva said he could not discuss why Williams left the department because it is a “personnel matter.” He confirmed Williams worked for the Stockton Police Department from January 2020 to January 2021.\u003c/p>\n\u003cp>The Deputy Sheriffs’ Association of Alameda County, the union that represents rank-and-file deputies, did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Dazio reported from Los Angeles. KQED’s Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Williams was hired by the Alameda County sheriff’s office last year, after a brief stint with Stockton Police. Officials said he did not pass a field probationary period in Stockton, and was let go by that department.\u003c/p>\n\u003cp>Williams knew the couple, but investigators were still trying “to fine-tune their connection” and determine the motive, according to Alameda County sheriff’s spokesperson Lt. Ray Kelly.\u003c/p>\n\u003cp>The sheriff’s department says both victims, a man and a woman, died in the residence. They have one child, whom law enforcement believe was at home at the time of the shooting and was not injured. Also in the home was a male relative of the couple who was visiting.\u003c/p>\n\u003cp>The male relative was unhurt and was talking to detectives about what occurred, Kelly said.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-11924894\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg\" alt=\"Photo of two large badges behind a display window with the words 'loyalty, leadership and integrity'\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/RS21438_IMG_4887-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>“This was not a random crime,” Kelly said. “This is a very bizarre chain of events that unfolded.”\u003c/p>\n\u003cp>Kelly said Williams went through “some significant events” in his life in the last few months that led to the killings but did not specify what had happened.\u003c/p>\n\u003cp>“A lot of those events went undiscovered and undisclosed and we’re going to be looking into that. There’s a lot of questions that need to be answered,” he said.\u003c/p>\n\u003cp>Kelly said Williams had been with the sheriff’s office since September 2021 and was still on probation. He had been assigned to the Oakland courthouse and there were no concerns about his job performance.\u003c/p>\n\u003cp>“This is a tragedy. We’re all in shock here,” Kelly said.\u003c/p>\n\u003cp>Wednesday was Williams’ one-year anniversary with the sheriff’s office, and the agency’s investigators were spending it trying to figure out what prompted the violence.\u003c/p>\n\u003cp>“He grew up in a very affluent home, well-loved, graduated from college with honors, was really a remarkable young person. How we got here today, it will be part of our investigation and something we’re looking at,” Kelly said.\u003c/p>\n\u003cp>Williams, who is from Stockton, briefly worked with the Stockton Police Department, where he completed their police academy but was ultimately let go after he failed their field training program, Kelly said.\u003c/p>\n\u003cp>Stockton Police spokesperson Officer Joseph Silva said he could not discuss why Williams left the department because it is a “personnel matter.” He confirmed Williams worked for the Stockton Police Department from January 2020 to January 2021.\u003c/p>\n\u003cp>The Deputy Sheriffs’ Association of Alameda County, the union that represents rank-and-file deputies, did not immediately respond to a request for comment.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Dazio reported from Los Angeles. KQED’s Alex Emslie contributed to this report. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun",
"title": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job",
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/11955907/derechos-laborales-ola-de-calor\">Leer en español\u003c/a>\u003c/p>\n\u003cp>\u003cem>Don’t have time to read the whole guide? Click on the links below to skip to a specific section:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#protections\">\u003cstrong>If I work outside in California, what protections do I have during dangerously hot weather?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#talk\">\u003cstrong>How should I talk to my employer about these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#still\">\u003cstrong>What can I do if my employer still doesn’t provide these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#report\">\u003cstrong>What can I do if my employer retaliated against me for speaking up?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#options\">\u003cstrong>What are my other options here?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>The Bay Area is experiencing an intense heat wave this September with \u003ca href=\"https://twitter.com/NWSBayArea/status/1567316722000207872\">several cities registering all-time record temperatures\u003c/a>. On September 6, San José reached 109 degrees, while Santa Rosa topped 115 degrees.\u003c/p>\n\u003cp>Although some residents are able to work in air-conditioned offices or homes to avoid the worst of the heat, many essential workers — including construction workers, farm laborers and delivery people — have to remain outdoors, exposed to the most intense heat.\u003c/p>\n\u003cp>In California, employers are legally required to provide all outdoor workers with four things to prevent heat-related illness: access to fresh water, shade, breaks and an emergency response plan.\u003c/p>\n\u003cp>But KQED has spoken to various outdoor workers who say that bringing up their rights with their employer isn’t so easy. For some, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">the risk of losing their job for speaking up against an unsafe workplace is always present\u003c/a> while others are unsure whether they are eligible for these protections due to their contract or immigration status.\u003c/p>\n\u003cp>That’s despite \u003ca href=\"https://www.99calor.org/english.html\">rules established by the California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) that are meant to protect all outdoor employees in California, regardless of their immigration or employment status. But still, that doesn’t make some workers feel any more comfortable talking to their bosses.\u003c/p>\n\u003cp>“That’s a real concern,” said David Hornung, Cal/OSHA’s heat and agriculture program coordinator: “workers not wanting to ask for their worker protections because of their concern of retaliation.”\u003c/p>\n\u003cp>If you’re working outside during a heat wave and your employer isn’t providing you with the required protections, there are a number of things you can do, even if you don’t feel comfortable bringing things up directly with your supervisor.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch2>\u003ca id=\"protections\">\u003c/a>What are the Cal/OSHA protections?\u003c/h2>\n\u003cp>In July 2006, a major \u003ca href=\"https://oehha.ca.gov/epic/impacts-biological-systems/heat-related-mortality-and-morbidity\">heat wave in California resulted in at least 140 deaths\u003c/a> over two weeks, the highest fatality rate on record from a single heat event, prompting state regulators to strengthen protections.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='california-workers']“The employer must provide drinking water that is fresh, cool and free so that each worker has a sufficient amount to drink,” said Angela Yahaira Breining, a staff attorney with the Workers’ Rights program at Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>California defines a “sufficient” drinking supply as at least one quart of water per hour. And even if workers bring their own water bottles, employers must still have enough water available on site.\u003c/p>\n\u003cp>When temperatures rise above 80 degrees, employers must also provide an area with enough shade to accommodate every worker on-site. But, Breining adds, workers also have the right to request breaks in the shade — regardless of temperature — whenever they feel the need to.\u003c/p>\n\u003cp>And when temperatures rise over 95 degrees, “employers or supervisors must observe these employees regularly,” Breining said.\u003c/p>\n\u003cp>Having a supervisor on-site, she explains, is key to setting up a communication system that can swing into action if a worker starts to feel sick. “If someone is getting a headache, having them sit down, making sure that there is a safe way of communicating with higher-ups, and having an emergency plan in place,” she said.\u003c/p>\n\u003cp>Setting up an emergency plan is the next requirement for employers, says Hornung from Cal/OSHA. That includes “training for all the employees so they recognize the signs and symptoms of heat illness in themselves or in their co-workers.”\u003c/p>\n\u003cfigure id=\"attachment_11886992\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11886992 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A man, face concealed by a tarp, sit surrounded by bundles of dried red beans, shelling them into a bucket in his lap.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sitting in the back of a tarp-covered truck in San Francisco’s Mission District shells beans on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Whom do these heat protections apply to?\u003c/h2>\n\u003cp>A misconception Hornung says he often hears is that Cal/OSHA rules only apply to certain industries.\u003c/p>\n\u003cp>“It applies to all outdoor workers, not just agriculture,” he said. “It applies to construction workers, gardeners, landscapers, maintenance people and anyone driving around in trucks that don’t have air-conditioning.”\u003c/p>\n\u003cp>Another common misconception, Hornung adds, is that the protections apply only to citizens or employees with valid immigration status.\u003c/p>\n\u003cp>[aside postID=\"news_11878134\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS49883_GettyImages-1270893851-qut-1020x680.jpg\"]“California law for workplace safety is great because it protects all workers regardless of immigration status,” he said. “So whether you are here with the right papers or not, you are still protected by our regulations.”\u003c/p>\n\u003cp>But for people who work informally, things are a bit trickier and often depend on the situation.\u003c/p>\n\u003cp>Hornung explains that Cal/OSHA first needs to verify that there is an “employee-employer relationship” — in other words, that the worker has provided labor in exchange for payment. This can include workers who lack a formal contract.\u003c/p>\n\u003cp>“If an employee is paid by an employer, then that establishes an employer-employee relationship,” said Hornung.\u003c/p>\n\u003cp>But the heat protections don’t apply to someone who is self-employed through an informal business, like fruit cart owners who sell their own produce.\u003c/p>\n\u003ch2>\u003ca id=\"talk\">\u003c/a>If my boss is not following Cal/OSHA regulations, how should I bring it up?\u003c/h2>\n\u003cp>Although it may be difficult for some workers to approach their supervisors, California labor laws prohibit employers from retaliating against workers who raise concerns about unsafe working conditions.\u003c/p>\n\u003cp>“It’s unlawful for an employer to retaliate against this — speaking about a workplace right they are entitled to,” said Breining, the workers’ rights attorney.\u003c/p>\n\u003cp>She recommends workers document in writing everything that’s going on, including keeping track of the dates and places that their bosses haven’t followed regulations. And she suggests workers also address their employers in writing, in the form of a text message, an email or a traditional letter.\u003c/p>\n\u003cp>“Specifically say what it is that you are requesting,” she said. “Are you requesting for the employer to provide training, to see what the heat illness prevention plan is or to request these cooldown breaks?”\u003c/p>\n\u003cp>Documenting every time an employer does not follow heat regulations can be useful later on if a worker decides to file a complaint with Cal/OSHA, Breining says.\u003c/p>\n\u003cp>Meanwhile, Hornung suggests that workers who fear immediate retaliation first discuss the issue with their peers to build additional support. “So rather than you as an individual asking your boss, try to get your co-workers to ask as a group,” he said.\u003c/p>\n\u003cp>However, the fact that retaliation is illegal doesn’t prevent an employer from retaliating against workers who speak up against an unsafe workplace, says Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance, a group that provides free legal aid to agricultural workers.\u003c/p>\n\u003cp>“We never say the employer can’t retaliate against you because of course the employer can retaliate against you,” she told KQED. If you believe your employer fired you or cut your hours or wages because you spoke up for a safe workplace, \u003ca href=\"#report\">\u003cstrong>you can report this behavior to labor officials, who can start an investigation\u003c/strong>\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11887210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887210 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"Clear plastic tubs of brightly colored fruit beneath an awning, with a city block in the background.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sells cut fruit underneath an umbrella in San Francisco’s Mission District on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"still\">\u003c/a>My boss didn’t listen to me. What do I do now?\u003c/h2>\n\u003cp>If an employer is still unwilling to provide required heat protections, the next step may be to file a complaint with Cal/OSHA, a process that can be completed anonymously.\u003c/p>\n\u003cp>The agency has several Bay Area field offices workers can contact directly to file a report, based on where their work sites are located.\u003c/p>\n\u003cul>\n\u003cli>San Francisco workers can call (415) 557-0100.\u003c/li>\n\u003cli>San Mateo County workers can call the Foster City office at (650) 573-3812. This office also accommodates workers in some Santa Clara locations, including Palo Alto, Mountain View and Sunnyvale.\u003c/li>\n\u003cli>Most workers in Santa Clara County can call the Fremont office at (510) 794-2521.\u003c/li>\n\u003cli>Alameda County workers can call the Oakland office at (510) 622-2916.\u003c/li>\n\u003cli>North Bay workers — in Sonoma, Napa, Solano, Marin and Contra Costa counties — can call the American Canyon office at (707) 649-3700.\u003c/li>\n\u003c/ul>\n\u003cp>There’s also a statewide heat help line, which offers assistance in both English and Spanish (and can connect workers to assistance in other languages): (833) 579-0927.\u003c/p>\n\u003cp>When filing a complaint, you’ll be asked questions about your employer or company, including the name, location and number of workers on site, how many hours you work in a day and what the safety issue is. This is when having a written record of past incidents or requests is especially useful.\u003c/p>\n\u003cp>While providing your name is optional, Hornung from Cal/OSHA says that if you provide your contact information, you can be notified when the report was received and if Cal/OSHA will look into the situation.\u003c/p>\n\u003cp>If Cal/OSHA takes up your case, the agency will assign an inspector to your work site who will speak to both employers and employees. Hornung says the inspection can take up to six months, although it often takes less.\u003c/p>\n\u003cfigure id=\"attachment_11887034\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887034 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A close-up of a worker's hands shelling long beans.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A vendor takes shelter from the sun while shelling beans in San Francisco on Aug. 6, 2021. David Hornung from Cal/OSHA says that state heat protections apply to every person who works outdoors — not just agricultural workers. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If there were any violations of the California code of regulations,” he said, “then the employer would be cited for those violations and those citations would have a monetary penalty.” The employer would also have to resolve whatever issue is putting workers at risk.\u003c/p>\n\u003cp>\u003ca id=\"report\">\u003c/a>If your employer decides to retaliate against you during this time and either threatens you, cuts your hours or fires you, that’s grounds for a retaliation complaint with the state Labor Commissioner’s Office. You can \u003ca href=\"https://www.dir.ca.gov/dlse/rci_osha_complaint.htm\">file a retaliation complaint online\u003c/a>; by calling (714) 558-4913; or through \u003ca href=\"mailto:oshaRetaliation@dir.ca.gov\">email\u003c/a>.\u003c/p>\n\u003cp>“If [your employer] retaliates against you, you have a remedy,” said Breining. “They can reinstate you, there’s penalties for retaliation, there’s back wages you can get.”\u003c/p>\n\u003cp>If you are an agricultural worker, another option is filing an unfair labor practice charge against your employer with the state’s Agricultural Labor Relations Board (ALRB). The ALRB investigates potential unfair labor practices including retaliation by an employer against a worker who reports unsafe working conditions.\u003c/p>\n\u003cp>At least two workers must come together to file a charge with the ALRB. You can \u003ca href=\"https://www.alrb.ca.gov/wp-content/uploads/sites/196/2018/05/alrb_form38_en.pdf\">file a charge using this form\u003c/a> and then send it, either though the mail or fax, to the closest ALRB office. In the Bay Area, \u003ca href=\"https://www.alrb.ca.gov/contact-us/\">the regional ALRB office is in Santa Rosa\u003c/a>:\u003c/p>\n\u003cp>606 Healdsburg Avenue\u003cbr>\nSanta Rosa, CA 95401\u003cbr>\nPhone: (707) 527-3256\u003cbr>\nFax: (707) 576-2360\u003c/p>\n\u003ch2>\u003ca id=\"options\">\u003c/a>What are my other options?\u003c/h2>\n\u003cp>Last summer, \u003ca href=\"https://www.kqed.org/news/11875988/minimal-to-non-existent-safety-inspector-shortage-worsened-in-pandemic-leaving-california-workers-vulnerable\">workers at an Oakland fast food restaurant filed a workplace COVID-19 safety complaint\u003c/a> with Cal/OSHA against their employer, alleging unsafe working conditions Agency officials responded nine months later saying no violations had been found — even as the employees who filed the original report claim that inspectors never reached out to them.\u003c/p>\n\u003cp>[aside postID=\"news_11875988\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/RS49630_GettyImages-1231067411-qut-1020x600.jpg\"]\u003ca href=\"https://calmatters.org/california-divide/2020/10/cal-osha-response-covid-complaints/\">Understaffing has plagued Cal/OSHA\u003c/a> for years, and that has only been exacerbated during the pandemic, limiting the agency’s ability to investigate claims.\u003c/p>\n\u003cp>That said, \u003ca href=\"https://www.dir.ca.gov/dosh/COVID19citations.html\">the agency has already issued hundreds of citations this year\u003c/a> to employers who have not adhered to workplace regulations — so filing a claim can in some cases produce an outcome.\u003c/p>\n\u003cp>But there are additional steps you can take.\u003c/p>\n\u003cp>Breining, the workers’ rights attorney, points out that there are multiple legal aid offices around the Bay Area that can support employees throughout the complaint process and offer additional legal assistance, most of the time at no cost — including her office, Centro Legal de la Raza.\u003c/p>\n\u003cp>“We’re more than happy to help [workers] make the complaint or help make them make a demand letter if they don’t really want to go through this more formal process,” she said.\u003c/p>\n\u003cp>Breining adds that in many cases, workers reach out to her office after their employers have already retaliated against them or they have already suffered heat-related illness. While Centro Legal can still provide assistance, she encourages workers to seek aid before things go wrong.\u003c/p>\n\u003cp>“We prefer to help when it’s actually happening so that you don’t have to do some of the difficult legal processes after the fact,” she said.\u003c/p>\n\u003cp>Here are some organizations that offer free legal aid to workers in the Bay Area:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://legalaidatwork.org/\">Legal Aid at Work\u003c/a>: (415) 864-8208\u003c/li>\n\u003cli>\u003ca href=\"https://www.advancingjustice-alc.org/\">Asian Americans Advancing Justice/Asian Law Caucus\u003c/a>: (415) 896-1701\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/\">Centro Legal de la Raza\u003c/a> (Oakland): (510) 437-1554\u003c/li>\n\u003cli>\u003ca href=\"https://lrcl.org/\">La Raza Centro Legal\u003c/a> (San Francisco): (415) 575-3500\u003c/li>\n\u003cli>\u003ca href=\"https://www.tuwu.org/\">Trabajadores Unidos Workers United\u003c/a>: (415) 621-4155\u003c/li>\n\u003cli>\u003ca href=\"http://streetlevelhealthproject.org/\">Street Level Health Project\u003c/a>: (510) 533-9906\u003c/li>\n\u003cli>\u003ca href=\"https://crla.org\">California Rural Legal Assistance\u003c/a>: (800) 337-0690\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>A version of this story was originally published on Sept. 8, 2021. This post includes reporting from KQED’s Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"title": "Feeling the Heat: How Outdoor Workers Can Advocate for Safer Conditions on the Job | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11955907/derechos-laborales-ola-de-calor\">Leer en español\u003c/a>\u003c/p>\n\u003cp>\u003cem>Don’t have time to read the whole guide? Click on the links below to skip to a specific section:\u003c/em>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#protections\">\u003cstrong>If I work outside in California, what protections do I have during dangerously hot weather?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#talk\">\u003cstrong>How should I talk to my employer about these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#still\">\u003cstrong>What can I do if my employer still doesn’t provide these protections?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#report\">\u003cstrong>What can I do if my employer retaliated against me for speaking up?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#options\">\u003cstrong>What are my other options here?\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>The Bay Area is experiencing an intense heat wave this September with \u003ca href=\"https://twitter.com/NWSBayArea/status/1567316722000207872\">several cities registering all-time record temperatures\u003c/a>. On September 6, San José reached 109 degrees, while Santa Rosa topped 115 degrees.\u003c/p>\n\u003cp>Although some residents are able to work in air-conditioned offices or homes to avoid the worst of the heat, many essential workers — including construction workers, farm laborers and delivery people — have to remain outdoors, exposed to the most intense heat.\u003c/p>\n\u003cp>In California, employers are legally required to provide all outdoor workers with four things to prevent heat-related illness: access to fresh water, shade, breaks and an emergency response plan.\u003c/p>\n\u003cp>But KQED has spoken to various outdoor workers who say that bringing up their rights with their employer isn’t so easy. For some, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">the risk of losing their job for speaking up against an unsafe workplace is always present\u003c/a> while others are unsure whether they are eligible for these protections due to their contract or immigration status.\u003c/p>\n\u003cp>That’s despite \u003ca href=\"https://www.99calor.org/english.html\">rules established by the California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) that are meant to protect all outdoor employees in California, regardless of their immigration or employment status. But still, that doesn’t make some workers feel any more comfortable talking to their bosses.\u003c/p>\n\u003cp>“That’s a real concern,” said David Hornung, Cal/OSHA’s heat and agriculture program coordinator: “workers not wanting to ask for their worker protections because of their concern of retaliation.”\u003c/p>\n\u003cp>If you’re working outside during a heat wave and your employer isn’t providing you with the required protections, there are a number of things you can do, even if you don’t feel comfortable bringing things up directly with your supervisor.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>\u003ca id=\"protections\">\u003c/a>What are the Cal/OSHA protections?\u003c/h2>\n\u003cp>In July 2006, a major \u003ca href=\"https://oehha.ca.gov/epic/impacts-biological-systems/heat-related-mortality-and-morbidity\">heat wave in California resulted in at least 140 deaths\u003c/a> over two weeks, the highest fatality rate on record from a single heat event, prompting state regulators to strengthen protections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“The employer must provide drinking water that is fresh, cool and free so that each worker has a sufficient amount to drink,” said Angela Yahaira Breining, a staff attorney with the Workers’ Rights program at Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>California defines a “sufficient” drinking supply as at least one quart of water per hour. And even if workers bring their own water bottles, employers must still have enough water available on site.\u003c/p>\n\u003cp>When temperatures rise above 80 degrees, employers must also provide an area with enough shade to accommodate every worker on-site. But, Breining adds, workers also have the right to request breaks in the shade — regardless of temperature — whenever they feel the need to.\u003c/p>\n\u003cp>And when temperatures rise over 95 degrees, “employers or supervisors must observe these employees regularly,” Breining said.\u003c/p>\n\u003cp>Having a supervisor on-site, she explains, is key to setting up a communication system that can swing into action if a worker starts to feel sick. “If someone is getting a headache, having them sit down, making sure that there is a safe way of communicating with higher-ups, and having an emergency plan in place,” she said.\u003c/p>\n\u003cp>Setting up an emergency plan is the next requirement for employers, says Hornung from Cal/OSHA. That includes “training for all the employees so they recognize the signs and symptoms of heat illness in themselves or in their co-workers.”\u003c/p>\n\u003cfigure id=\"attachment_11886992\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11886992 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A man, face concealed by a tarp, sit surrounded by bundles of dried red beans, shelling them into a bucket in his lap.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50584_007_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sitting in the back of a tarp-covered truck in San Francisco’s Mission District shells beans on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Whom do these heat protections apply to?\u003c/h2>\n\u003cp>A misconception Hornung says he often hears is that Cal/OSHA rules only apply to certain industries.\u003c/p>\n\u003cp>“It applies to all outdoor workers, not just agriculture,” he said. “It applies to construction workers, gardeners, landscapers, maintenance people and anyone driving around in trucks that don’t have air-conditioning.”\u003c/p>\n\u003cp>Another common misconception, Hornung adds, is that the protections apply only to citizens or employees with valid immigration status.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“California law for workplace safety is great because it protects all workers regardless of immigration status,” he said. “So whether you are here with the right papers or not, you are still protected by our regulations.”\u003c/p>\n\u003cp>But for people who work informally, things are a bit trickier and often depend on the situation.\u003c/p>\n\u003cp>Hornung explains that Cal/OSHA first needs to verify that there is an “employee-employer relationship” — in other words, that the worker has provided labor in exchange for payment. This can include workers who lack a formal contract.\u003c/p>\n\u003cp>“If an employee is paid by an employer, then that establishes an employer-employee relationship,” said Hornung.\u003c/p>\n\u003cp>But the heat protections don’t apply to someone who is self-employed through an informal business, like fruit cart owners who sell their own produce.\u003c/p>\n\u003ch2>\u003ca id=\"talk\">\u003c/a>If my boss is not following Cal/OSHA regulations, how should I bring it up?\u003c/h2>\n\u003cp>Although it may be difficult for some workers to approach their supervisors, California labor laws prohibit employers from retaliating against workers who raise concerns about unsafe working conditions.\u003c/p>\n\u003cp>“It’s unlawful for an employer to retaliate against this — speaking about a workplace right they are entitled to,” said Breining, the workers’ rights attorney.\u003c/p>\n\u003cp>She recommends workers document in writing everything that’s going on, including keeping track of the dates and places that their bosses haven’t followed regulations. And she suggests workers also address their employers in writing, in the form of a text message, an email or a traditional letter.\u003c/p>\n\u003cp>“Specifically say what it is that you are requesting,” she said. “Are you requesting for the employer to provide training, to see what the heat illness prevention plan is or to request these cooldown breaks?”\u003c/p>\n\u003cp>Documenting every time an employer does not follow heat regulations can be useful later on if a worker decides to file a complaint with Cal/OSHA, Breining says.\u003c/p>\n\u003cp>Meanwhile, Hornung suggests that workers who fear immediate retaliation first discuss the issue with their peers to build additional support. “So rather than you as an individual asking your boss, try to get your co-workers to ask as a group,” he said.\u003c/p>\n\u003cp>However, the fact that retaliation is illegal doesn’t prevent an employer from retaliating against workers who speak up against an unsafe workplace, says Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance, a group that provides free legal aid to agricultural workers.\u003c/p>\n\u003cp>“We never say the employer can’t retaliate against you because of course the employer can retaliate against you,” she told KQED. If you believe your employer fired you or cut your hours or wages because you spoke up for a safe workplace, \u003ca href=\"#report\">\u003cstrong>you can report this behavior to labor officials, who can start an investigation\u003c/strong>\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11887210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887210 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"Clear plastic tubs of brightly colored fruit beneath an awning, with a city block in the background.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/09/RS50606_031_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A vendor sells cut fruit underneath an umbrella in San Francisco’s Mission District on Aug. 6, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>\u003ca id=\"still\">\u003c/a>My boss didn’t listen to me. What do I do now?\u003c/h2>\n\u003cp>If an employer is still unwilling to provide required heat protections, the next step may be to file a complaint with Cal/OSHA, a process that can be completed anonymously.\u003c/p>\n\u003cp>The agency has several Bay Area field offices workers can contact directly to file a report, based on where their work sites are located.\u003c/p>\n\u003cul>\n\u003cli>San Francisco workers can call (415) 557-0100.\u003c/li>\n\u003cli>San Mateo County workers can call the Foster City office at (650) 573-3812. This office also accommodates workers in some Santa Clara locations, including Palo Alto, Mountain View and Sunnyvale.\u003c/li>\n\u003cli>Most workers in Santa Clara County can call the Fremont office at (510) 794-2521.\u003c/li>\n\u003cli>Alameda County workers can call the Oakland office at (510) 622-2916.\u003c/li>\n\u003cli>North Bay workers — in Sonoma, Napa, Solano, Marin and Contra Costa counties — can call the American Canyon office at (707) 649-3700.\u003c/li>\n\u003c/ul>\n\u003cp>There’s also a statewide heat help line, which offers assistance in both English and Spanish (and can connect workers to assistance in other languages): (833) 579-0927.\u003c/p>\n\u003cp>When filing a complaint, you’ll be asked questions about your employer or company, including the name, location and number of workers on site, how many hours you work in a day and what the safety issue is. This is when having a written record of past incidents or requests is especially useful.\u003c/p>\n\u003cp>While providing your name is optional, Hornung from Cal/OSHA says that if you provide your contact information, you can be notified when the report was received and if Cal/OSHA will look into the situation.\u003c/p>\n\u003cp>If Cal/OSHA takes up your case, the agency will assign an inspector to your work site who will speak to both employers and employees. Hornung says the inspection can take up to six months, although it often takes less.\u003c/p>\n\u003cfigure id=\"attachment_11887034\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11887034 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg\" alt=\"A close-up of a worker's hands shelling long beans.\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/08/RS50579_002_SanFrancisco_HeatWaveImpacts_08062021-qut-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A vendor takes shelter from the sun while shelling beans in San Francisco on Aug. 6, 2021. David Hornung from Cal/OSHA says that state heat protections apply to every person who works outdoors — not just agricultural workers. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If there were any violations of the California code of regulations,” he said, “then the employer would be cited for those violations and those citations would have a monetary penalty.” The employer would also have to resolve whatever issue is putting workers at risk.\u003c/p>\n\u003cp>\u003ca id=\"report\">\u003c/a>If your employer decides to retaliate against you during this time and either threatens you, cuts your hours or fires you, that’s grounds for a retaliation complaint with the state Labor Commissioner’s Office. You can \u003ca href=\"https://www.dir.ca.gov/dlse/rci_osha_complaint.htm\">file a retaliation complaint online\u003c/a>; by calling (714) 558-4913; or through \u003ca href=\"mailto:oshaRetaliation@dir.ca.gov\">email\u003c/a>.\u003c/p>\n\u003cp>“If [your employer] retaliates against you, you have a remedy,” said Breining. “They can reinstate you, there’s penalties for retaliation, there’s back wages you can get.”\u003c/p>\n\u003cp>If you are an agricultural worker, another option is filing an unfair labor practice charge against your employer with the state’s Agricultural Labor Relations Board (ALRB). The ALRB investigates potential unfair labor practices including retaliation by an employer against a worker who reports unsafe working conditions.\u003c/p>\n\u003cp>At least two workers must come together to file a charge with the ALRB. You can \u003ca href=\"https://www.alrb.ca.gov/wp-content/uploads/sites/196/2018/05/alrb_form38_en.pdf\">file a charge using this form\u003c/a> and then send it, either though the mail or fax, to the closest ALRB office. In the Bay Area, \u003ca href=\"https://www.alrb.ca.gov/contact-us/\">the regional ALRB office is in Santa Rosa\u003c/a>:\u003c/p>\n\u003cp>606 Healdsburg Avenue\u003cbr>\nSanta Rosa, CA 95401\u003cbr>\nPhone: (707) 527-3256\u003cbr>\nFax: (707) 576-2360\u003c/p>\n\u003ch2>\u003ca id=\"options\">\u003c/a>What are my other options?\u003c/h2>\n\u003cp>Last summer, \u003ca href=\"https://www.kqed.org/news/11875988/minimal-to-non-existent-safety-inspector-shortage-worsened-in-pandemic-leaving-california-workers-vulnerable\">workers at an Oakland fast food restaurant filed a workplace COVID-19 safety complaint\u003c/a> with Cal/OSHA against their employer, alleging unsafe working conditions Agency officials responded nine months later saying no violations had been found — even as the employees who filed the original report claim that inspectors never reached out to them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003ca href=\"https://calmatters.org/california-divide/2020/10/cal-osha-response-covid-complaints/\">Understaffing has plagued Cal/OSHA\u003c/a> for years, and that has only been exacerbated during the pandemic, limiting the agency’s ability to investigate claims.\u003c/p>\n\u003cp>That said, \u003ca href=\"https://www.dir.ca.gov/dosh/COVID19citations.html\">the agency has already issued hundreds of citations this year\u003c/a> to employers who have not adhered to workplace regulations — so filing a claim can in some cases produce an outcome.\u003c/p>\n\u003cp>But there are additional steps you can take.\u003c/p>\n\u003cp>Breining, the workers’ rights attorney, points out that there are multiple legal aid offices around the Bay Area that can support employees throughout the complaint process and offer additional legal assistance, most of the time at no cost — including her office, Centro Legal de la Raza.\u003c/p>\n\u003cp>“We’re more than happy to help [workers] make the complaint or help make them make a demand letter if they don’t really want to go through this more formal process,” she said.\u003c/p>\n\u003cp>Breining adds that in many cases, workers reach out to her office after their employers have already retaliated against them or they have already suffered heat-related illness. While Centro Legal can still provide assistance, she encourages workers to seek aid before things go wrong.\u003c/p>\n\u003cp>“We prefer to help when it’s actually happening so that you don’t have to do some of the difficult legal processes after the fact,” she said.\u003c/p>\n\u003cp>Here are some organizations that offer free legal aid to workers in the Bay Area:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://legalaidatwork.org/\">Legal Aid at Work\u003c/a>: (415) 864-8208\u003c/li>\n\u003cli>\u003ca href=\"https://www.advancingjustice-alc.org/\">Asian Americans Advancing Justice/Asian Law Caucus\u003c/a>: (415) 896-1701\u003c/li>\n\u003cli>\u003ca href=\"https://www.centrolegal.org/\">Centro Legal de la Raza\u003c/a> (Oakland): (510) 437-1554\u003c/li>\n\u003cli>\u003ca href=\"https://lrcl.org/\">La Raza Centro Legal\u003c/a> (San Francisco): (415) 575-3500\u003c/li>\n\u003cli>\u003ca href=\"https://www.tuwu.org/\">Trabajadores Unidos Workers United\u003c/a>: (415) 621-4155\u003c/li>\n\u003cli>\u003ca href=\"http://streetlevelhealthproject.org/\">Street Level Health Project\u003c/a>: (510) 533-9906\u003c/li>\n\u003cli>\u003ca href=\"https://crla.org\">California Rural Legal Assistance\u003c/a>: (800) 337-0690\u003c/li>\n\u003c/ul>\n\u003cp>\u003cem>A version of this story was originally published on Sept. 8, 2021. This post includes reporting from KQED’s Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"order": 10
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"id": "city-arts",
"title": "City Arts & Lectures",
"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
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"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
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"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
"id": "closealltabs",
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"order": 1
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"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"source": "Commonwealth Club of California"
},
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"title": "Forum",
"tagline": "The conversation starts here",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
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"order": 9
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"meta": {
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
"link": "/podcasts/hyphenacion",
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"spotify": "https://open.spotify.com/show/2p3Fifq96nw9BPcmFdIq0o?si=39209f7b25774f38",
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},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
"meta": {
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},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"meta": {
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
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"link": "/radio/program/morning-edition"
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
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"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
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"source": "pbs"
},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
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"order": 14
},
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