California Court to Weigh In on Fight Over Transgender Ballot Measure Proposal Language
Newsom Promises to Get Tough With Local Homeless Programs
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More Than a Year After Shooting, Half Moon Bay is Making Progress on Farmworker Housing
Alameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario Gonzalez
Another Former FCI Dublin Officer Facing Criminal Charges Is Scheduled for Trial
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They want the measure’s title to be changed from the “Restrict Rights of Transgender Youth” initiative to the “Protect Kids of California Act” and update what they say is a biased summary of the proposal.\u003c/p>\n\u003cp>“It’s an abuse of the attorney general’s power to oversee these ballot measures where he’s legally obligated to be neutral and draft a title and summary that’s impartial,” said Dean McGee, a lawyer with the Liberty Justice Center, which is representing proponents of the measure.\u003c/p>\n\u003cp>The initiative would also ban transgender girls in grades seven through college from participating in girls and women’s sports, along with barring gender-affirming surgeries for minors, with some exceptions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It is part of a nationwide debate over local school districts and the rights of parents and LGBTQ+ students. States across the country have sought to \u003ca href=\"https://apnews.com/article/politics-health-texas-state-government-tennessee-minnesota-878a9217fa434f3ecd83738a71e40572\">impose bans on gender-affirming care\u003c/a>, bar \u003ca href=\"https://apnews.com/article/congress-transgender-women-sports-ban-athletes-1c58c20cac2b191e323e4376d7949a2d\">trans athletes\u003c/a> from girls and women’s sports, and require schools to “out” trans and nonbinary students to their parents. Some lawmakers in other states have introduced bills in their legislatures with \u003ca href=\"https://apnews.com/article/transgender-students-pronouns-names-ec0b2c5de329d82c563ffb95262935f3\">broad language requiring that parents be notified\u003c/a> of any changes to their child’s emotional health or well-being.\u003c/p>\n\u003cp>The proposed ballot measure in California has so far received at least a quarter of the more than 500,000 signatures it needs by May 28 to end up on the ballot in November, according to the secretary of state’s office. But backers of the measure say the title and summary Bonta released for the proposal are hindering their ability to garner enough support before time runs out. They want the secretary of state to extend their deadline by 180 days.\u003c/p>\n\u003cp>They want to remove language released by Bonta’s office that says the initiative would bar gender-affirming care for transgender youth “even if parents consent or treatment is medically recommended” and require schools to notify parents of their child’s request to be treated as a gender different from school records “without exception for student safety.” They also want the summary to say the measure would define “male” and “female.”\u003c/p>\n\u003cp>Bonta’s office did not respond to emails seeking comment Thursday on the lawsuit.\u003c/p>\n\u003cp>California citizens can place initiatives on the ballot if they gather enough supporting signatures, but the attorney general is typically responsible for writing the title and summary language that appears before voters. California judges can step in if they rule the attorney general is not using impartial language. In recent years, California judges have ordered the state to correct misleading information about proposals to \u003ca href=\"https://apnews.com/b4b3408dbcab4e6c9358b1751347b5a8\">repeal a gas tax\u003c/a> and \u003ca href=\"https://apnews.com/general-news-83c55e8790e2d0546f689dd0d08c91a9\">raise taxes on business properties\u003c/a>.\u003c/p>\n\u003cp>Ballot measure summary language released by the attorney general can have a “huge impact” on how people vote, said Bob Stern, former president of the Center for Governmental Studies.\u003c/p>\n\u003cp>“For some people, that’s the only time that they’ll see any information about the measure — is when they go in to vote,” Stern said.\u003c/p>\n\u003cp>Stern believes the nonpartisan Legislative Analyst’s Office, not the attorney general, should release ballot measure summaries, because attorney generals are elected officials who often have a future in politics. Bonta, for example, is expected to run for governor in 2026.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11978725,news_11962571,news_11959451\"]Bonta is currently \u003ca href=\"https://apnews.com/article/california-sues-chino-valley-parental-notification-transgender-students-03fd6e74c62054d9bb4ba85ee92e850d\">fighting a Southern California school district\u003c/a> in court over a policy that, in part, required school staff to notify parents if their child asked to change their gender identification at school. Bonta said the policy discriminated against gender non-conforming students. The district, Chino Valley Unified, \u003ca href=\"https://apnews.com/article/california-chino-gender-pronouns-school-board-a8d3f17ec89b2ec8a2e946da37284e5c\">updated the rule\u003c/a> last month to remove mention of gender identification changes. The updated rule is more broad, requiring school staff to notify parents if a child requests any changes to their “official or unofficial records.”\u003c/p>\n\u003cp>Kathie Moehlig, head of San Diego-based nonprofit TransFamily Support Services, said the proposed ballot measure and similar proposals at the school district level have left children she works with scared that “their very being is going to be legislated out of existence.”\u003c/p>\n\u003cp>“Schools don’t have an agenda to make kids trans. Schools have an agenda to keep all students safe.” Moehlig said. “The unfortunate truth is that there are some kids who are in homes where sharing about their gender identity or sexual orientation would make them unsafe.”\u003c/p>\n\u003cp>\u003cem>Austin is a corps member for The Associated Press/Report for America Statehouse News Initiative.\u003c/em>\u003c/p>\n\u003c/div>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Proponents of a measure that would require school staff to notify parents if their child asks to change gender identification at schools say Attorney General Rob Bonta released misleading information about the proposal to the public.","status":"publish","parent":0,"modified":1713578467,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":852},"headData":{"title":"California Court to Weigh In on Fight Over Transgender Ballot Measure Proposal Language | KQED","description":"Proponents of a measure that would require school staff to notify parents if their child asks to change gender identification at schools say Attorney General Rob Bonta released misleading information about the proposal to the public.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Court to Weigh In on Fight Over Transgender Ballot Measure Proposal Language","datePublished":"2024-04-20T11:00:13.000Z","dateModified":"2024-04-20T02:01:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Sophie Austin\u003cbr>Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983554/california-court-to-weigh-in-on-fight-over-transgender-ballot-measure-proposal-language","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cdiv class=\"meta-details ng-star-inserted\">\n\u003cp>A group backing a proposed ballot measure in California that would require school staff to notify parents if their child asks to change gender identification at schools is battling the attorney general in court Friday, arguing he released misleading information about the proposal to the public.\u003c/p>\n\u003cp>The group is suing Attorney General Rob Bonta in Sacramento Superior Court. They want the measure’s title to be changed from the “Restrict Rights of Transgender Youth” initiative to the “Protect Kids of California Act” and update what they say is a biased summary of the proposal.\u003c/p>\n\u003cp>“It’s an abuse of the attorney general’s power to oversee these ballot measures where he’s legally obligated to be neutral and draft a title and summary that’s impartial,” said Dean McGee, a lawyer with the Liberty Justice Center, which is representing proponents of the measure.\u003c/p>\n\u003cp>The initiative would also ban transgender girls in grades seven through college from participating in girls and women’s sports, along with barring gender-affirming surgeries for minors, with some exceptions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It is part of a nationwide debate over local school districts and the rights of parents and LGBTQ+ students. States across the country have sought to \u003ca href=\"https://apnews.com/article/politics-health-texas-state-government-tennessee-minnesota-878a9217fa434f3ecd83738a71e40572\">impose bans on gender-affirming care\u003c/a>, bar \u003ca href=\"https://apnews.com/article/congress-transgender-women-sports-ban-athletes-1c58c20cac2b191e323e4376d7949a2d\">trans athletes\u003c/a> from girls and women’s sports, and require schools to “out” trans and nonbinary students to their parents. Some lawmakers in other states have introduced bills in their legislatures with \u003ca href=\"https://apnews.com/article/transgender-students-pronouns-names-ec0b2c5de329d82c563ffb95262935f3\">broad language requiring that parents be notified\u003c/a> of any changes to their child’s emotional health or well-being.\u003c/p>\n\u003cp>The proposed ballot measure in California has so far received at least a quarter of the more than 500,000 signatures it needs by May 28 to end up on the ballot in November, according to the secretary of state’s office. But backers of the measure say the title and summary Bonta released for the proposal are hindering their ability to garner enough support before time runs out. They want the secretary of state to extend their deadline by 180 days.\u003c/p>\n\u003cp>They want to remove language released by Bonta’s office that says the initiative would bar gender-affirming care for transgender youth “even if parents consent or treatment is medically recommended” and require schools to notify parents of their child’s request to be treated as a gender different from school records “without exception for student safety.” They also want the summary to say the measure would define “male” and “female.”\u003c/p>\n\u003cp>Bonta’s office did not respond to emails seeking comment Thursday on the lawsuit.\u003c/p>\n\u003cp>California citizens can place initiatives on the ballot if they gather enough supporting signatures, but the attorney general is typically responsible for writing the title and summary language that appears before voters. California judges can step in if they rule the attorney general is not using impartial language. In recent years, California judges have ordered the state to correct misleading information about proposals to \u003ca href=\"https://apnews.com/b4b3408dbcab4e6c9358b1751347b5a8\">repeal a gas tax\u003c/a> and \u003ca href=\"https://apnews.com/general-news-83c55e8790e2d0546f689dd0d08c91a9\">raise taxes on business properties\u003c/a>.\u003c/p>\n\u003cp>Ballot measure summary language released by the attorney general can have a “huge impact” on how people vote, said Bob Stern, former president of the Center for Governmental Studies.\u003c/p>\n\u003cp>“For some people, that’s the only time that they’ll see any information about the measure — is when they go in to vote,” Stern said.\u003c/p>\n\u003cp>Stern believes the nonpartisan Legislative Analyst’s Office, not the attorney general, should release ballot measure summaries, because attorney generals are elected officials who often have a future in politics. Bonta, for example, is expected to run for governor in 2026.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11978725,news_11962571,news_11959451"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Bonta is currently \u003ca href=\"https://apnews.com/article/california-sues-chino-valley-parental-notification-transgender-students-03fd6e74c62054d9bb4ba85ee92e850d\">fighting a Southern California school district\u003c/a> in court over a policy that, in part, required school staff to notify parents if their child asked to change their gender identification at school. Bonta said the policy discriminated against gender non-conforming students. The district, Chino Valley Unified, \u003ca href=\"https://apnews.com/article/california-chino-gender-pronouns-school-board-a8d3f17ec89b2ec8a2e946da37284e5c\">updated the rule\u003c/a> last month to remove mention of gender identification changes. The updated rule is more broad, requiring school staff to notify parents if a child requests any changes to their “official or unofficial records.”\u003c/p>\n\u003cp>Kathie Moehlig, head of San Diego-based nonprofit TransFamily Support Services, said the proposed ballot measure and similar proposals at the school district level have left children she works with scared that “their very being is going to be legislated out of existence.”\u003c/p>\n\u003cp>“Schools don’t have an agenda to make kids trans. Schools have an agenda to keep all students safe.” Moehlig said. “The unfortunate truth is that there are some kids who are in homes where sharing about their gender identity or sexual orientation would make them unsafe.”\u003c/p>\n\u003cp>\u003cem>Austin is a corps member for The Associated Press/Report for America Statehouse News Initiative.\u003c/em>\u003c/p>\n\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983554/california-court-to-weigh-in-on-fight-over-transgender-ballot-measure-proposal-language","authors":["byline_news_11983554"],"categories":["news_8"],"tags":["news_20013","news_5135","news_2486"],"featImg":"news_11983558","label":"news"},"news_11983514":{"type":"posts","id":"news_11983514","meta":{"index":"posts_1591205157","site":"news","id":"11983514","score":null,"sort":[1713573051000]},"guestAuthors":[],"slug":"newsom-promises-to-get-tough-with-local-homeless-programs","title":"Newsom Promises to Get Tough With Local Homeless Programs","publishDate":1713573051,"format":"audio","headTitle":"Newsom Promises to Get Tough With Local Homeless Programs | KQED","labelTerm":{},"content":"\u003cp>After \u003ca href=\"https://www.kqed.org/news/11982237/california-audit-questions-state-homelessness-spending-san-jose\">a state audit slammed California\u003c/a> for not carefully tracking outcomes of public money spent on homelessness programs, Gov. Gavin Newsom said this week, “I’m not interested in funding failure any longer,” and promised to hold local governments accountable.\u003c/p>\n\u003cp>And on Monday the U.S. Supreme Court will hear a major case that could change how West Coast cities police homelessness.\u003c/p>\n\u003cp>Political journalist Nikki Laurenzo joins Political Breakdown to discuss these and more developments in California’s approach to homelessness.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1713567886,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":88},"headData":{"title":"Newsom Promises to Get Tough With Local Homeless Programs | KQED","description":"After a state audit slammed California for not carefully tracking outcomes of public money spent on homelessness programs, Gov. Gavin Newsom said this week, “I’m not interested in funding failure any longer,” and promised to hold local governments accountable. And on Monday the U.S. Supreme Court will hear a major case that could change how","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Newsom Promises to Get Tough With Local Homeless Programs","datePublished":"2024-04-20T00:30:51.000Z","dateModified":"2024-04-19T23:04:46.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"Political Breakdown","sourceUrl":"https://www.kqed.org/podcasts/politicalbreakdown","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC2632389428.mp3?updated=1713565489","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11983514/newsom-promises-to-get-tough-with-local-homeless-programs","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After \u003ca href=\"https://www.kqed.org/news/11982237/california-audit-questions-state-homelessness-spending-san-jose\">a state audit slammed California\u003c/a> for not carefully tracking outcomes of public money spent on homelessness programs, Gov. Gavin Newsom said this week, “I’m not interested in funding failure any longer,” and promised to hold local governments accountable.\u003c/p>\n\u003cp>And on Monday the U.S. Supreme Court will hear a major case that could change how West Coast cities police homelessness.\u003c/p>\n\u003cp>Political journalist Nikki Laurenzo joins Political Breakdown to discuss these and more developments in California’s approach to homelessness.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983514/newsom-promises-to-get-tough-with-local-homeless-programs","authors":["255","3239","227"],"programs":["news_33544"],"categories":["news_8"],"tags":["news_32839","news_22235","news_17968"],"featImg":"news_11983537","label":"source_news_11983514"},"news_11983492":{"type":"posts","id":"news_11983492","meta":{"index":"posts_1591205157","site":"news","id":"11983492","score":null,"sort":[1713564963000]},"guestAuthors":[],"slug":"how-a-pivotal-case-on-homelessness-could-redefine-policies-in-california-and-the-nation","title":"How a Pivotal Case on Homelessness Could Redefine Policies in California and the Nation","publishDate":1713564963,"format":"standard","headTitle":"How a Pivotal Case on Homelessness Could Redefine Policies in California and the Nation | KQED","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>The Supreme Court is scheduled to hear oral arguments on Monday in a case that could have major implications for how cities across the country address homelessness.\u003c/p>\n\u003cp>The case, \u003ca href=\"https://www.supremecourt.gov/docket/docketfiles/html/public/23-175.html\">City of Grants Pass, Oregon v. Gloria Johnson\u003c/a>, hinges on whether a local government can issue fines and jail people for camping on public property when there isn’t enough shelter available. The Ninth U.S. Circuit Court of Appeals ruled this was cruel and unusual punishment. Opponents appealed that ruling to the Supreme Court.\u003c/p>\n\u003cp>“This is the most important case about homelessness in at least 40 years,” said Jesse Rabinowitz of the Homelessness Law Center. “This will either make it easier for cities to punish people for sleeping outside … or it will push cities to fund actual solutions to homelessness.”\u003c/p>\n\u003cp>As homelessness spikes, cities and states seek tools to help them clean up their streets. In California and around the country, officials are turning to camping bans, encampment sweeps and other policies that target unhoused people to reduce visible homelessness.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>And in San Francisco, where there’s an ongoing lawsuit over the city’s encampment sweeps, a district court magistrate relied on the Ninth Circuit’s ruling in this case for an injunction restricting camp clearings.\u003c/p>\n\u003cp>“This judicial intervention has harmed both San Francisco’s housed and unhoused populations by causing obstructed and inaccessible sidewalks, unsafe encampments, and fewer unhoused people to accept services,” San Francisco City Attorney David Chiu told the Supreme Court in a brief encouraging the justices to take up the case.\u003c/p>\n\u003cp>Here’s what you need to know about the Grants Pass case:\u003c/p>\n\u003ch2>Background\u003c/h2>\n\u003cp>In 2018, lawyers filed suit against the small city of Grants Pass, Oregon, on behalf of unhoused residents, arguing it was unconstitutional to cite and arrest people for sleeping outside in the absence of any viable alternative for shelter.\u003c/p>\n\u003cp>“They were \u003ca href=\"https://www.oregonlive.com/politics/2024/04/with-oregon-homelessness-case-headed-to-supreme-court-spotlight-falls-on-portland-lawyer-unhoused-people-in-grants-pass.html\">ticketed, fined\u003c/a>, arrested and jailed for living outside in Grants Pass with as little as a blanket or a tarp to survive,” said Ed Johnson, litigation director at The Oregon Law Center, who filed the suit, noting that the city has a shortage of affordable housing and shelter space.\u003c/p>\n\u003cfigure id=\"attachment_11816673\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11816673\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-800x533.jpg\" alt=\"Tents line a gravel sidewalk off Fulton Street near City Hall on May 5, 2020. On Wednesday, city staffers started drawing out socially distant spaces with chalk on the street for the tents to stay.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tents line a gravel sidewalk off Fulton Street near City Hall on May 5, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The federal district court in Medford, Oregon, sided with them. The Ninth Circuit Court of Appeals, whose jurisdiction covers nine western states, later upheld that decision.\u003c/p>\n\u003cp>The city of Grants Pass then asked the Supreme Court to review the appellate court’s decision. Officials across the political map, including \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/280288/20230922163648635_Amicus%20Brief%20for%20Governor%20Newsom%20-%20Grants%20Pass_Final.pdf\">Gov. Gavin Newsom\u003c/a>, the cities of Los Angeles and San Francisco and a group of \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/280428/20230925170042238_No%2023-175_AmicusBrief.pdf\">20 conservative-led states,\u003c/a> also asked SCOTUS to take up the case, saying lower court rulings have tied their hands when it comes to addressing homelessness.\u003c/p>\n\u003cp>This case is closely related to another major homelessness case, Martin v. Boise, in which the Ninth Circuit ruled in 2018 that unhoused people can’t be punished for sleeping outside on public property in the absence of adequate alternatives.\u003c/p>\n\u003cp>The Grants Pass case relies on that precedent, and some see it as going even further because it applies to civil penalties, not just criminal ones. The city has asked the justices to take on the central issue at play in both cases.\u003c/p>\n\u003cp>Ultimately, the impacts of this ruling could depend on which particular issues the court chooses to take up and how narrowly it rules. However, many observers believe the court’s decision will encompass both the Boise and Grants Pass rulings.\u003c/p>\n\u003ch2>Arguments in opposition: Cities should be able to clear encampments, issue citations\u003c/h2>\n\u003cp>The city of Grants Pass argues the previous rulings in this case are a roadblock to addressing the homelessness crisis and that fines and short jail stints for camping on public property don’t violate the Eighth Amendment’s prohibition on cruel and unusual punishments.\u003c/p>\n\u003cp>In their brief, lawyers for the city defend the city’s policies, explaining that base fines for violating the camping ordinance are $295 and repeat offenders can face criminal trespass charges, punishable by 30 days in jail and $1,250 in fines.\u003c/p>\n\u003cfigure id=\"attachment_11949350\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11949350\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-800x533.jpg\" alt=\"An aerial view of a homeless encampment with trailers, tents and people's belongings scattered about underneath a freeway overpass.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A compound seen from above after damage from a nearby fire at the Wood Street encampment in Oakland on Sept. 8, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Those punishments are neither ‘cruel’ nor ‘unusual’ in any ordinary sense of those words,” they write. “For centuries, fines and imprisonment have been the default methods of punishing criminal offenses.”\u003c/p>\n\u003cp>They argue the courts have overstepped, stripping local governments of “traditional police powers.” Grants Pass, along with other cities and opponents of the Ninth Circuit’s ruling, agrees, arguing the ruling and related cases are unclear and have been interpreted too broadly — for instance, to essentially require cities to build enough shelter for every unhoused person — making them impractical.\u003c/p>\n\u003cp>The upshot, they say, is rising homelessness.\u003c/p>\n\u003cp>“Encampments have multiplied unchecked throughout the West because generally applicable restrictions on public camping no longer play their critical deterrent role,” they write.\u003c/p>\n\u003cp>In their briefings, Chiu and lawyers representing Newsom made similar arguments.\u003c/p>\n\u003ch2>Arguments in support: Encampment bans are ‘cruel and unusual punishment’\u003c/h2>\n\u003cp>Attorneys and advocates for the unhoused Grants Pass residents say the lower court rulings are far narrower than cities claim. They argue the rulings do give cities leeway to regulate encampments and even clear them — but not to ban camps outright.\u003c/p>\n\u003cp>The plaintiffs’ attorneys argue punishing people living on the streets will not solve homelessness — only make it worse.\u003c/p>\n\u003cfigure id=\"attachment_11983521\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11983521\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A man sits at a tent encampment where he currently lives on Fulton Street near City Hall on April 5, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If our Bill of Rights is to mean anything, it must mean that governments cannot fine, arrest and incarcerate those who have nowhere else to go,” Johnson said. “We should and we must expect better.”\u003c/p>\n\u003cp>Advocates for people experiencing homelessness also argue camping bans and similar policies are expensive and ineffective.\u003c/p>\n\u003cp>“Relying on jails and tickets to respond to homelessness pushes our neighbors deeper into poverty and makes it harder for them to secure jobs and housing,” Rabinowitz said.\u003c/p>\n\u003cp>Advocates further argue that camping bans and similar policies are bad for people’s health because they disrupt connections to health care and supportive services, erode trust in law enforcement and create additional obstacles to finding housing and employment.\u003c/p>\n\u003cp>“They have criminal records created by these practices,” said Donald Whitehead, executive director of the National Coalition for the Homeless. “They do not end homelessness; the person after they are arrested, fined and jailed still are living outside.”\u003c/p>\n\u003ch2>Who’s weighing in?\u003c/h2>\n\u003cp>More than 80 amicus briefs have been filed in the case, about evenly split in their support for the two parties.\u003c/p>\n\u003cp>Siding with the city of Grants Pass, the attorneys general of 24 conservative states \u003ca href=\"https://docs.google.com/viewer?url=http%3A%2F%2Fwww.supremecourt.gov%2FDocketPDF%2F23%2F23-175%2F302093%2F20240301172330264_44869%2520pdf%2520Considine.pdf\">argue the decision\u003c/a> “infringes their sovereign authority over homelessness policy and criminal law.”\u003c/p>\n\u003cfigure id=\"attachment_11133746\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11133746\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2016/10/RS13835_mission_camp_for_web-800x546.jpg\" alt=\"A homeless encampment in San Francisco.\" width=\"800\" height=\"546\">\u003cfigcaption class=\"wp-caption-text\">A homeless encampment in San Francisco. \u003ccite>(Eric Lawson/San Francisco Public Press)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>They write, “The Ninth Circuit cannot solve homelessness, and it should not try. It is states and localities that have the local knowledge needed to address the problem, and it is states and localities that ultimately bear the costs of homelessness and of homeless policy. It should be states and localities that make the decisions.”\u003c/p>\n\u003cp>California sheriffs and police associations, along with the California State Association of Counties and the League of California Cities, and national conservative legal groups like the Cicero Institute are among those weighing in on behalf of Grants Pass.\u003c/p>\n\u003cp>The groups backing the city’s unhoused residents include the ACLU and other national human rights groups, along with “57 Social Scientists with Published Research on Homelessness” and several California-based nonprofits, including the Western Regional Advocacy Project and Advocates for Empowerment CA.\u003c/p>\n\u003cp>In \u003ca href=\"https://docs.google.com/viewer?url=http%3A%2F%2Fwww.supremecourt.gov%2FDocketPDF%2F23%2F23-175%2F306693%2F20240403164735760_APA%2520et%2520al.%2520amicus%2520brief%2520-%2520Grants%2520Pass%2520v.%2520Johnson%2520-%2520No.%252023-175.pdf\">their brief\u003c/a>, the American Psychiatric Association and several other mental health groups argue criminalizing homelessness can worsen physical and mental health.\u003c/p>\n\u003cp>“People with mental illness experiencing homelessness already face various barriers to accessing mental health treatment; incarceration exacerbates these barriers,” the brief reads.\u003c/p>\n\u003cp>Some parties, including the \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/302264/20240304183726571_23-175npUnitedStates.pdf\">Biden administration\u003c/a>, Newsom and Chiu, don’t back either party. \u003ca href=\"https://www.sfcityattorney.org/2024/03/01/san-francisco-files-amicus-brief-with-u-s-supreme-court-in-grants-pass/\">In a statement,\u003c/a> Chiu said it doesn’t make sense to “punish status or criminally prosecute homeless individuals for being homeless.”\u003c/p>\n\u003cp>“But, the Ninth Circuit in Grants Pass went well beyond that central idea and misapplied the law,” Chiu continued. “It has left cities like San Francisco without the necessary tools to compassionately address homelessness and ensure our streets and public spaces are safe and accessible to all.”\u003c/p>\n\u003ch2>Possible outcomes\u003c/h2>\n\u003cp>One option is for the justices to uphold the lower courts’ rulings that criminalizing behaviors like sleeping, lying down and sitting in public, when no alternative shelter is provided, violates the Eighth Amendment’s prohibition on cruel and unusual punishment.\u003c/p>\n\u003cp>Alternatively, the court could overturn that precedent, giving cities the green light to cite, arrest and jail people for sleeping in public, regardless of whether or not there’s shelter available.\u003c/p>\n\u003cfigure id=\"attachment_11983526\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11983526\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An unhoused individual sorts through his belongings to decide what he would take to a storage space and what would be disposed of by CalTrans at the Wood Street encampment in Oakland on Aug. 18, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a 1962 case, Robinson v. California, the Supreme Court ruled it was unconstitutional to punish someone for being a drug addict — a “status” rather than an “act.” Sunita Patel, faculty director of the UCLA Veterans Legal Clinic, said the court could decide to upend even this precedent. Patel represented the National Coalition on Homeless Veterans and other veterans service providers in their amicus brief before the court.\u003c/p>\n\u003cp>“The worst case scenario for the plaintiffs and for unhoused folks is that the court takes this as broadly as they can, and they try to get rid of older precedent,” Patel said.\u003c/p>\n\u003cp>She and other observers are wary the court will take on such “status offenses,” which would allow cities to criminalize people just for being homeless, she said, and have sweeping implications for civil liberties in general.\u003c/p>\n\u003cp>A third option is for the court to take a middle road that limits the scope of the lower court rulings, said Ron Hochbaum, head of the University of the Pacific McGeorge Law School’s Homeless Advocacy Clinic and filed a brief in the case.\u003c/p>\n\u003cp>For instance, the justices could require law enforcement or the courts to determine whether the unhoused person cited had access to shelter whenever a camping ban was enforced. Or, they could allow cities to ban public camping so long as those restrictions are limited to certain places. The U.S. Justice Department endorsed that approach in its amicus brief.\u003c/p>\n\u003cp>But there’s very little telling how the court will ultimately rule, Patel said.\u003c/p>\n\u003cp>“This Supreme Court, in particular, is unpredictable,” she said. “We don’t know what they’re going to do.”\u003c/p>\n\u003ch2>What could it mean for California?\u003c/h2>\n\u003cp>If the court sides with the city of Grants Pass, lawmakers could more aggressively enforce anti-camping laws already on the books or pass new ones.\u003c/p>\n\u003cp>While advocates point out that cities have continued to clear encampments despite the rulings, Devon Kurtz of the Cicero Institute argues that the Ninth Circuit’s rulings in both Grants Pass and Martin v. Boise have had a chilling effect.\u003c/p>\n\u003cfigure id=\"attachment_11983527\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11983527\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalTrans workers move in to clear garbage from the Wood Street encampment in Oakland on Sept. 8, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There’s concern that if they were to enforce their camping ordinances, then they could be subject to litigation, and that’s true,” he said.\u003c/p>\n\u003cp>He thinks the most dramatic change could happen in small cities “that have been really, really reticent to enforce their camping ordinances of any variety out of fear that their insurance premiums are going to go through the roof if they start getting sued,” he said. “They might feel a little bit more confident in taking these steps.”\u003c/p>\n\u003cp>In California, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1011\">bipartisan bill\u003c/a> that would have made it easier to clear encampments and issue civil citations for sleeping on the streets died in the Legislature this year but is emblematic of the larger debate around how to respond to encampments.\u003c/p>\n\u003cp>Cities like San Francisco and Los Angeles have said they’re not interested in aggressively jailing people, but they’re looking for clarity from the court about what constitutes “involuntary” homelessness and adequate shelter.\u003c/p>\n\u003cp>On Thursday, Newsom said he was looking forward to arguments in the case, expressing hope that its resolution will allow for greater progress toward reducing homelessness.\u003c/p>\n\u003cp>“This is, to me, just about common sense — not about ideology,” he said.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1bHIqjIDhaGQPCtqalJxOPzYP-LHwzeCo9sFCIJl8RcE&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" frameborder=\"0\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The U.S. Supreme Court will hear arguments on Monday on if it's lawful for local governments to criminalize sleeping outside when shelter space is insufficient, potentially impacting urban policies on homeless encampments.","status":"publish","parent":0,"modified":1713569645,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":57,"wordCount":2205},"headData":{"title":"How a Pivotal Case on Homelessness Could Redefine Policies in California and the Nation | KQED","description":"The U.S. Supreme Court will hear arguments on Monday on if it's lawful for local governments to criminalize sleeping outside when shelter space is insufficient, potentially impacting urban policies on homeless encampments.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How a Pivotal Case on Homelessness Could Redefine Policies in California and the Nation","datePublished":"2024-04-19T22:16:03.000Z","dateModified":"2024-04-19T23:34:05.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11983492/how-a-pivotal-case-on-homelessness-could-redefine-policies-in-california-and-the-nation","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Supreme Court is scheduled to hear oral arguments on Monday in a case that could have major implications for how cities across the country address homelessness.\u003c/p>\n\u003cp>The case, \u003ca href=\"https://www.supremecourt.gov/docket/docketfiles/html/public/23-175.html\">City of Grants Pass, Oregon v. Gloria Johnson\u003c/a>, hinges on whether a local government can issue fines and jail people for camping on public property when there isn’t enough shelter available. The Ninth U.S. Circuit Court of Appeals ruled this was cruel and unusual punishment. Opponents appealed that ruling to the Supreme Court.\u003c/p>\n\u003cp>“This is the most important case about homelessness in at least 40 years,” said Jesse Rabinowitz of the Homelessness Law Center. “This will either make it easier for cities to punish people for sleeping outside … or it will push cities to fund actual solutions to homelessness.”\u003c/p>\n\u003cp>As homelessness spikes, cities and states seek tools to help them clean up their streets. In California and around the country, officials are turning to camping bans, encampment sweeps and other policies that target unhoused people to reduce visible homelessness.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And in San Francisco, where there’s an ongoing lawsuit over the city’s encampment sweeps, a district court magistrate relied on the Ninth Circuit’s ruling in this case for an injunction restricting camp clearings.\u003c/p>\n\u003cp>“This judicial intervention has harmed both San Francisco’s housed and unhoused populations by causing obstructed and inaccessible sidewalks, unsafe encampments, and fewer unhoused people to accept services,” San Francisco City Attorney David Chiu told the Supreme Court in a brief encouraging the justices to take up the case.\u003c/p>\n\u003cp>Here’s what you need to know about the Grants Pass case:\u003c/p>\n\u003ch2>Background\u003c/h2>\n\u003cp>In 2018, lawyers filed suit against the small city of Grants Pass, Oregon, on behalf of unhoused residents, arguing it was unconstitutional to cite and arrest people for sleeping outside in the absence of any viable alternative for shelter.\u003c/p>\n\u003cp>“They were \u003ca href=\"https://www.oregonlive.com/politics/2024/04/with-oregon-homelessness-case-headed-to-supreme-court-spotlight-falls-on-portland-lawyer-unhoused-people-in-grants-pass.html\">ticketed, fined\u003c/a>, arrested and jailed for living outside in Grants Pass with as little as a blanket or a tarp to survive,” said Ed Johnson, litigation director at The Oregon Law Center, who filed the suit, noting that the city has a shortage of affordable housing and shelter space.\u003c/p>\n\u003cfigure id=\"attachment_11816673\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11816673\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-800x533.jpg\" alt=\"Tents line a gravel sidewalk off Fulton Street near City Hall on May 5, 2020. On Wednesday, city staffers started drawing out socially distant spaces with chalk on the street for the tents to stay.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/05/RS43046_018_KQED_SanFrancisco_TentEncampments_05052020-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tents line a gravel sidewalk off Fulton Street near City Hall on May 5, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The federal district court in Medford, Oregon, sided with them. The Ninth Circuit Court of Appeals, whose jurisdiction covers nine western states, later upheld that decision.\u003c/p>\n\u003cp>The city of Grants Pass then asked the Supreme Court to review the appellate court’s decision. Officials across the political map, including \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/280288/20230922163648635_Amicus%20Brief%20for%20Governor%20Newsom%20-%20Grants%20Pass_Final.pdf\">Gov. Gavin Newsom\u003c/a>, the cities of Los Angeles and San Francisco and a group of \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/280428/20230925170042238_No%2023-175_AmicusBrief.pdf\">20 conservative-led states,\u003c/a> also asked SCOTUS to take up the case, saying lower court rulings have tied their hands when it comes to addressing homelessness.\u003c/p>\n\u003cp>This case is closely related to another major homelessness case, Martin v. Boise, in which the Ninth Circuit ruled in 2018 that unhoused people can’t be punished for sleeping outside on public property in the absence of adequate alternatives.\u003c/p>\n\u003cp>The Grants Pass case relies on that precedent, and some see it as going even further because it applies to civil penalties, not just criminal ones. The city has asked the justices to take on the central issue at play in both cases.\u003c/p>\n\u003cp>Ultimately, the impacts of this ruling could depend on which particular issues the court chooses to take up and how narrowly it rules. However, many observers believe the court’s decision will encompass both the Boise and Grants Pass rulings.\u003c/p>\n\u003ch2>Arguments in opposition: Cities should be able to clear encampments, issue citations\u003c/h2>\n\u003cp>The city of Grants Pass argues the previous rulings in this case are a roadblock to addressing the homelessness crisis and that fines and short jail stints for camping on public property don’t violate the Eighth Amendment’s prohibition on cruel and unusual punishments.\u003c/p>\n\u003cp>In their brief, lawyers for the city defend the city’s policies, explaining that base fines for violating the camping ordinance are $295 and repeat offenders can face criminal trespass charges, punishable by 30 days in jail and $1,250 in fines.\u003c/p>\n\u003cfigure id=\"attachment_11949350\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11949350\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-800x533.jpg\" alt=\"An aerial view of a homeless encampment with trailers, tents and people's belongings scattered about underneath a freeway overpass.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/05/RS58500_037_KQED_WoodStreetOaklandCalTrans_09082022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A compound seen from above after damage from a nearby fire at the Wood Street encampment in Oakland on Sept. 8, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Those punishments are neither ‘cruel’ nor ‘unusual’ in any ordinary sense of those words,” they write. “For centuries, fines and imprisonment have been the default methods of punishing criminal offenses.”\u003c/p>\n\u003cp>They argue the courts have overstepped, stripping local governments of “traditional police powers.” Grants Pass, along with other cities and opponents of the Ninth Circuit’s ruling, agrees, arguing the ruling and related cases are unclear and have been interpreted too broadly — for instance, to essentially require cities to build enough shelter for every unhoused person — making them impractical.\u003c/p>\n\u003cp>The upshot, they say, is rising homelessness.\u003c/p>\n\u003cp>“Encampments have multiplied unchecked throughout the West because generally applicable restrictions on public camping no longer play their critical deterrent role,” they write.\u003c/p>\n\u003cp>In their briefings, Chiu and lawyers representing Newsom made similar arguments.\u003c/p>\n\u003ch2>Arguments in support: Encampment bans are ‘cruel and unusual punishment’\u003c/h2>\n\u003cp>Attorneys and advocates for the unhoused Grants Pass residents say the lower court rulings are far narrower than cities claim. They argue the rulings do give cities leeway to regulate encampments and even clear them — but not to ban camps outright.\u003c/p>\n\u003cp>The plaintiffs’ attorneys argue punishing people living on the streets will not solve homelessness — only make it worse.\u003c/p>\n\u003cfigure id=\"attachment_11983521\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11983521\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/015_KQED_SanFrancisco_TentEncampments_05052020_qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A man sits at a tent encampment where he currently lives on Fulton Street near City Hall on April 5, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If our Bill of Rights is to mean anything, it must mean that governments cannot fine, arrest and incarcerate those who have nowhere else to go,” Johnson said. “We should and we must expect better.”\u003c/p>\n\u003cp>Advocates for people experiencing homelessness also argue camping bans and similar policies are expensive and ineffective.\u003c/p>\n\u003cp>“Relying on jails and tickets to respond to homelessness pushes our neighbors deeper into poverty and makes it harder for them to secure jobs and housing,” Rabinowitz said.\u003c/p>\n\u003cp>Advocates further argue that camping bans and similar policies are bad for people’s health because they disrupt connections to health care and supportive services, erode trust in law enforcement and create additional obstacles to finding housing and employment.\u003c/p>\n\u003cp>“They have criminal records created by these practices,” said Donald Whitehead, executive director of the National Coalition for the Homeless. “They do not end homelessness; the person after they are arrested, fined and jailed still are living outside.”\u003c/p>\n\u003ch2>Who’s weighing in?\u003c/h2>\n\u003cp>More than 80 amicus briefs have been filed in the case, about evenly split in their support for the two parties.\u003c/p>\n\u003cp>Siding with the city of Grants Pass, the attorneys general of 24 conservative states \u003ca href=\"https://docs.google.com/viewer?url=http%3A%2F%2Fwww.supremecourt.gov%2FDocketPDF%2F23%2F23-175%2F302093%2F20240301172330264_44869%2520pdf%2520Considine.pdf\">argue the decision\u003c/a> “infringes their sovereign authority over homelessness policy and criminal law.”\u003c/p>\n\u003cfigure id=\"attachment_11133746\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11133746\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2016/10/RS13835_mission_camp_for_web-800x546.jpg\" alt=\"A homeless encampment in San Francisco.\" width=\"800\" height=\"546\">\u003cfigcaption class=\"wp-caption-text\">A homeless encampment in San Francisco. \u003ccite>(Eric Lawson/San Francisco Public Press)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>They write, “The Ninth Circuit cannot solve homelessness, and it should not try. It is states and localities that have the local knowledge needed to address the problem, and it is states and localities that ultimately bear the costs of homelessness and of homeless policy. It should be states and localities that make the decisions.”\u003c/p>\n\u003cp>California sheriffs and police associations, along with the California State Association of Counties and the League of California Cities, and national conservative legal groups like the Cicero Institute are among those weighing in on behalf of Grants Pass.\u003c/p>\n\u003cp>The groups backing the city’s unhoused residents include the ACLU and other national human rights groups, along with “57 Social Scientists with Published Research on Homelessness” and several California-based nonprofits, including the Western Regional Advocacy Project and Advocates for Empowerment CA.\u003c/p>\n\u003cp>In \u003ca href=\"https://docs.google.com/viewer?url=http%3A%2F%2Fwww.supremecourt.gov%2FDocketPDF%2F23%2F23-175%2F306693%2F20240403164735760_APA%2520et%2520al.%2520amicus%2520brief%2520-%2520Grants%2520Pass%2520v.%2520Johnson%2520-%2520No.%252023-175.pdf\">their brief\u003c/a>, the American Psychiatric Association and several other mental health groups argue criminalizing homelessness can worsen physical and mental health.\u003c/p>\n\u003cp>“People with mental illness experiencing homelessness already face various barriers to accessing mental health treatment; incarceration exacerbates these barriers,” the brief reads.\u003c/p>\n\u003cp>Some parties, including the \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/302264/20240304183726571_23-175npUnitedStates.pdf\">Biden administration\u003c/a>, Newsom and Chiu, don’t back either party. \u003ca href=\"https://www.sfcityattorney.org/2024/03/01/san-francisco-files-amicus-brief-with-u-s-supreme-court-in-grants-pass/\">In a statement,\u003c/a> Chiu said it doesn’t make sense to “punish status or criminally prosecute homeless individuals for being homeless.”\u003c/p>\n\u003cp>“But, the Ninth Circuit in Grants Pass went well beyond that central idea and misapplied the law,” Chiu continued. “It has left cities like San Francisco without the necessary tools to compassionately address homelessness and ensure our streets and public spaces are safe and accessible to all.”\u003c/p>\n\u003ch2>Possible outcomes\u003c/h2>\n\u003cp>One option is for the justices to uphold the lower courts’ rulings that criminalizing behaviors like sleeping, lying down and sitting in public, when no alternative shelter is provided, violates the Eighth Amendment’s prohibition on cruel and unusual punishment.\u003c/p>\n\u003cp>Alternatively, the court could overturn that precedent, giving cities the green light to cite, arrest and jail people for sleeping in public, regardless of whether or not there’s shelter available.\u003c/p>\n\u003cfigure id=\"attachment_11983526\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11983526\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/003_KQED_WoodStreetEncampment_08182022_qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An unhoused individual sorts through his belongings to decide what he would take to a storage space and what would be disposed of by CalTrans at the Wood Street encampment in Oakland on Aug. 18, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a 1962 case, Robinson v. California, the Supreme Court ruled it was unconstitutional to punish someone for being a drug addict — a “status” rather than an “act.” Sunita Patel, faculty director of the UCLA Veterans Legal Clinic, said the court could decide to upend even this precedent. Patel represented the National Coalition on Homeless Veterans and other veterans service providers in their amicus brief before the court.\u003c/p>\n\u003cp>“The worst case scenario for the plaintiffs and for unhoused folks is that the court takes this as broadly as they can, and they try to get rid of older precedent,” Patel said.\u003c/p>\n\u003cp>She and other observers are wary the court will take on such “status offenses,” which would allow cities to criminalize people just for being homeless, she said, and have sweeping implications for civil liberties in general.\u003c/p>\n\u003cp>A third option is for the court to take a middle road that limits the scope of the lower court rulings, said Ron Hochbaum, head of the University of the Pacific McGeorge Law School’s Homeless Advocacy Clinic and filed a brief in the case.\u003c/p>\n\u003cp>For instance, the justices could require law enforcement or the courts to determine whether the unhoused person cited had access to shelter whenever a camping ban was enforced. Or, they could allow cities to ban public camping so long as those restrictions are limited to certain places. The U.S. Justice Department endorsed that approach in its amicus brief.\u003c/p>\n\u003cp>But there’s very little telling how the court will ultimately rule, Patel said.\u003c/p>\n\u003cp>“This Supreme Court, in particular, is unpredictable,” she said. “We don’t know what they’re going to do.”\u003c/p>\n\u003ch2>What could it mean for California?\u003c/h2>\n\u003cp>If the court sides with the city of Grants Pass, lawmakers could more aggressively enforce anti-camping laws already on the books or pass new ones.\u003c/p>\n\u003cp>While advocates point out that cities have continued to clear encampments despite the rulings, Devon Kurtz of the Cicero Institute argues that the Ninth Circuit’s rulings in both Grants Pass and Martin v. Boise have had a chilling effect.\u003c/p>\n\u003cfigure id=\"attachment_11983527\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11983527\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/092_KQED_WoodStreetOaklandCalTrans_09082022_qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalTrans workers move in to clear garbage from the Wood Street encampment in Oakland on Sept. 8, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There’s concern that if they were to enforce their camping ordinances, then they could be subject to litigation, and that’s true,” he said.\u003c/p>\n\u003cp>He thinks the most dramatic change could happen in small cities “that have been really, really reticent to enforce their camping ordinances of any variety out of fear that their insurance premiums are going to go through the roof if they start getting sued,” he said. “They might feel a little bit more confident in taking these steps.”\u003c/p>\n\u003cp>In California, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1011\">bipartisan bill\u003c/a> that would have made it easier to clear encampments and issue civil citations for sleeping on the streets died in the Legislature this year but is emblematic of the larger debate around how to respond to encampments.\u003c/p>\n\u003cp>Cities like San Francisco and Los Angeles have said they’re not interested in aggressively jailing people, but they’re looking for clarity from the court about what constitutes “involuntary” homelessness and adequate shelter.\u003c/p>\n\u003cp>On Thursday, Newsom said he was looking forward to arguments in the case, expressing hope that its resolution will allow for greater progress toward reducing homelessness.\u003c/p>\n\u003cp>“This is, to me, just about common sense — not about ideology,” he said.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1bHIqjIDhaGQPCtqalJxOPzYP-LHwzeCo9sFCIJl8RcE&font=Default&lang=en&initial_zoom=2&height=650\" width=\"100%\" frameborder=\"0\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983492/how-a-pivotal-case-on-homelessness-could-redefine-policies-in-california-and-the-nation","authors":["11276"],"programs":["news_72"],"categories":["news_6266","news_8"],"tags":["news_27626","news_4020","news_1775","news_1172"],"featImg":"news_11983495","label":"news_72"},"news_11983497":{"type":"posts","id":"news_11983497","meta":{"index":"posts_1591205157","site":"news","id":"11983497","score":null,"sort":[1713560452000]},"guestAuthors":[],"slug":"new-legislation-could-make-it-easier-for-california-pet-owners-to-rent-an-apartment","title":"California Pet Owners Could Rent Apartments More Easily Under New Bill","publishDate":1713560452,"format":"standard","headTitle":"California Pet Owners Could Rent Apartments More Easily Under New Bill | KQED","labelTerm":{"site":"news"},"content":"\u003cp>California pet owners struggling to find a rental that accepts their furry, four-legged family members could have an easier time leasing new housing under proposed state legislation that would ban blanket no-pets policies and prohibit landlords from charging additional fees for common companions like cats and dogs.\u003c/p>\n\u003cp>Backers of the bill, which recently cleared a key committee, say the lack of pet-friendly units is pushing renters to forgo housing or relinquish beloved pets to \u003ca href=\"https://apnews.com/article/animal-shelter-pets-dogs-cats-housing-cf03d25dbda4ccccb402c4d4804d6bc2\">overcrowded shelters\u003c/a>. They say the legislation also would allow more tenants with unapproved pets to come out of the shadows.\u003c/p>\n\u003cp>Sacramento renter Andrea Amavisca said she and her partner searched for more than a month for a place that would accept their 2-year-old cattle dog mix. Options were few and prospective landlords would not return her calls after learning the couple had a dog.\u003c/p>\n\u003cp>They finally found a two-bedroom apartment after meeting with the landlord and putting down an extra $500 for the security deposit.\u003c/p>\n\u003cp>“It’s really awful that there are these restrictions you have to take into consideration when making a personal life choice,” she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But landlords are pushing back, saying they’re worried over the cost of repairs, liability over potential dog bites and nuisance issues that might drive away other tenants. They also want state lawmakers to allow higher security deposits — which legislators limited to one month’s rent last year — to scrub out possible urine and feces stains in carpets or repair damage to wood floors.\u003c/p>\n\u003cp>“There are bad people, and there are bad dogs, and our job is to screen that and make sure that we’re providing a safe environment for everyone,” said Russell Lowery, executive director of the California Rental Housing Association.\u003c/p>\n\u003cp>The proposal authored by Assemblymember Matt Haney, a San Francisco Democrat and chair of the renters’ caucus, would not require all landlords to accept common household pets, such as cats and dogs.\u003c/p>\n\u003cp>However, landlords would have to provide reasonable justifications, such as public health, for denying a pet. A landlord could not inquire about pets until after approving an applicant, and applicants would have to notify the landlord that they have a pet or plan to get one at least three days prior to signing a lease. Should the landlord deny the pet, the applicant would then decide whether to seek housing elsewhere.\u003c/p>\n\u003cp>The landlord could also not require additional rent or security deposit for a pet. If approved, the bill would apply to new leases starting on or after Jan. 1.\u003c/p>\n\u003cp>Ivan Blackshear already rents to tenants with cats at his triplex in Chico, a small city north of Sacramento. But he said the question of pets and deposits should be left to the property owner and any agreement they reach with their tenants. It should not, he said, be mandated by politicians trying to curry favor with voters.\u003c/p>\n\u003cp>“Chasing mom-and-pop landlords like myself — small investors like myself — out of California is not going to solve the high price of rent; it actually is going to make it worse,” said Blackshear, who once had to replace the wood flooring in a rental due to a tenant with a cat.\u003c/p>\n\u003cp>Assemblymember Isaac Bryan, a Democrat representing parts of Los Angeles, said he and his fiancée, an attorney, were shut out of renting several places just because of Darius, their well-behaved Great Dane.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11976208,forum_2010101895171,forum_2010101894032\"]“Darius is the sweetest dog,” said Bryan, who is vice chair of the legislative renters’ caucus. “And so it was shocking, and it showed that this simple barrier of having a companion animal could lead directly to housing insecurity and homelessness, if not addressed.”\u003c/p>\n\u003cp>Animal welfare groups are among those supporting the bill.\u003c/p>\n\u003cp>Ann Dunn, director of Oakland Animal Services, said the number of people giving up their pets has soared since the city of Oakland’s eviction moratorium ended last summer. In 2022, the shelter averaged nearly 240 dogs relinquished each month; now, it is 350 a month.\u003c/p>\n\u003cp>“We’re seeing a huge spike in people who are saying they are newly homeless,” she said. “Or they’re choosing between being housed or being able to keep their pets.”\u003c/p>\n\u003cp>The bill is headed to the Assembly for a floor vote. If it passes, it would then go to the Senate for consideration.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"AB 2216 would ban blanket no-pets policies and prohibit landlords from charging extra for security deposit and rent for tenants with cats, dogs or other common household animals. ","status":"publish","parent":0,"modified":1713561336,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":759},"headData":{"title":"California Pet Owners Could Rent Apartments More Easily Under New Bill | KQED","description":"AB 2216 would ban blanket no-pets policies and prohibit landlords from charging extra for security deposit and rent for tenants with cats, dogs or other common household animals. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Pet Owners Could Rent Apartments More Easily Under New Bill","datePublished":"2024-04-19T21:00:52.000Z","dateModified":"2024-04-19T21:15:36.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Terry Chea, Janie Har\u003cbr>Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983497/new-legislation-could-make-it-easier-for-california-pet-owners-to-rent-an-apartment","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California pet owners struggling to find a rental that accepts their furry, four-legged family members could have an easier time leasing new housing under proposed state legislation that would ban blanket no-pets policies and prohibit landlords from charging additional fees for common companions like cats and dogs.\u003c/p>\n\u003cp>Backers of the bill, which recently cleared a key committee, say the lack of pet-friendly units is pushing renters to forgo housing or relinquish beloved pets to \u003ca href=\"https://apnews.com/article/animal-shelter-pets-dogs-cats-housing-cf03d25dbda4ccccb402c4d4804d6bc2\">overcrowded shelters\u003c/a>. They say the legislation also would allow more tenants with unapproved pets to come out of the shadows.\u003c/p>\n\u003cp>Sacramento renter Andrea Amavisca said she and her partner searched for more than a month for a place that would accept their 2-year-old cattle dog mix. Options were few and prospective landlords would not return her calls after learning the couple had a dog.\u003c/p>\n\u003cp>They finally found a two-bedroom apartment after meeting with the landlord and putting down an extra $500 for the security deposit.\u003c/p>\n\u003cp>“It’s really awful that there are these restrictions you have to take into consideration when making a personal life choice,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But landlords are pushing back, saying they’re worried over the cost of repairs, liability over potential dog bites and nuisance issues that might drive away other tenants. They also want state lawmakers to allow higher security deposits — which legislators limited to one month’s rent last year — to scrub out possible urine and feces stains in carpets or repair damage to wood floors.\u003c/p>\n\u003cp>“There are bad people, and there are bad dogs, and our job is to screen that and make sure that we’re providing a safe environment for everyone,” said Russell Lowery, executive director of the California Rental Housing Association.\u003c/p>\n\u003cp>The proposal authored by Assemblymember Matt Haney, a San Francisco Democrat and chair of the renters’ caucus, would not require all landlords to accept common household pets, such as cats and dogs.\u003c/p>\n\u003cp>However, landlords would have to provide reasonable justifications, such as public health, for denying a pet. A landlord could not inquire about pets until after approving an applicant, and applicants would have to notify the landlord that they have a pet or plan to get one at least three days prior to signing a lease. Should the landlord deny the pet, the applicant would then decide whether to seek housing elsewhere.\u003c/p>\n\u003cp>The landlord could also not require additional rent or security deposit for a pet. If approved, the bill would apply to new leases starting on or after Jan. 1.\u003c/p>\n\u003cp>Ivan Blackshear already rents to tenants with cats at his triplex in Chico, a small city north of Sacramento. But he said the question of pets and deposits should be left to the property owner and any agreement they reach with their tenants. It should not, he said, be mandated by politicians trying to curry favor with voters.\u003c/p>\n\u003cp>“Chasing mom-and-pop landlords like myself — small investors like myself — out of California is not going to solve the high price of rent; it actually is going to make it worse,” said Blackshear, who once had to replace the wood flooring in a rental due to a tenant with a cat.\u003c/p>\n\u003cp>Assemblymember Isaac Bryan, a Democrat representing parts of Los Angeles, said he and his fiancée, an attorney, were shut out of renting several places just because of Darius, their well-behaved Great Dane.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11976208,forum_2010101895171,forum_2010101894032"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Darius is the sweetest dog,” said Bryan, who is vice chair of the legislative renters’ caucus. “And so it was shocking, and it showed that this simple barrier of having a companion animal could lead directly to housing insecurity and homelessness, if not addressed.”\u003c/p>\n\u003cp>Animal welfare groups are among those supporting the bill.\u003c/p>\n\u003cp>Ann Dunn, director of Oakland Animal Services, said the number of people giving up their pets has soared since the city of Oakland’s eviction moratorium ended last summer. In 2022, the shelter averaged nearly 240 dogs relinquished each month; now, it is 350 a month.\u003c/p>\n\u003cp>“We’re seeing a huge spike in people who are saying they are newly homeless,” she said. “Or they’re choosing between being housed or being able to keep their pets.”\u003c/p>\n\u003cp>The bill is headed to the Assembly for a floor vote. If it passes, it would then go to the Senate for consideration.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983497/new-legislation-could-make-it-easier-for-california-pet-owners-to-rent-an-apartment","authors":["byline_news_11983497"],"categories":["news_8"],"tags":["news_1775","news_6244","news_29083"],"featImg":"news_11983504","label":"news"},"news_11983466":{"type":"posts","id":"news_11983466","meta":{"index":"posts_1591205157","site":"news","id":"11983466","score":null,"sort":[1713553229000]},"guestAuthors":[],"slug":"google-worker-says-the-company-is-silencing-our-voices-after-dozens-are-fired","title":"Google Worker Says the Company Is 'Silencing Our Voices' After Dozens Are Fired","publishDate":1713553229,"format":"standard","headTitle":"Google Worker Says the Company Is ‘Silencing Our Voices’ After Dozens Are Fired | KQED","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>The first time Zelda Montes heard about Google’s Project Nimbus was about six months ago, even though she had worked at the company since 2022. The project is a $1.2 billion contract to supply Israel with cloud computing services.\u003c/p>\n\u003cp>As someone who’s opposed to the war in Gaza, Montes says she was shocked. This comes at a time when tension over the Israeli conflict is simmering across the country.\u003c/p>\n\u003cp>“I think that speaks volumes to just how little people at work actually know about this contract,” Montes says, who worked as a software engineer at YouTube, which Google owns.\u003c/p>\n\u003cp>Montes immediately joined a Google employee group called No Tech for Apartheid, which had been organizing around Project Nimbus since 2021. Their goal is for Google to drop its contract with the Israeli government. She says the group has raised its concerns with Google’s leadership, spoke in company town halls and set up tables in Google’s offices with fliers about Project Nimbus.\u003c/p>\n\u003cp>But, she says, “Google was quite literally silencing our voices in the workplace and not allowing for any kind of worker dissent to be expressed around the project.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>So, on Tuesday, the group went one step further.\u003c/p>\n\u003cp>They staged \u003ca href=\"https://twitter.com/NoTechApartheid/status/1780278895058518468\">sit-in protests\u003c/a> in Google’s offices in Silicon Valley, New York City and Seattle — more than 100 protesters showed up. A day later, Google fired Montes and 27 other employees who were part of the No Tech for Apartheid group.\u003c/p>\n\u003cp>This is one of the largest mass firings in the tech industry, and it comes as many Silicon Valley companies work with Israel. Some employees say they aren’t comfortable with that.\u003c/p>\n\u003cp>Workers at Amazon and Facebook parent Meta have also \u003ca href=\"https://www.washingtonpost.com/technology/2023/10/22/google-amazon-meta-gaza-israel-contracts/\">clashed with their employers\u003c/a> over \u003ca href=\"https://finance.yahoo.com/news/meta-employee-calls-toxic-rules-160852658.html\">speaking out against the war\u003c/a>. Last month, Google \u003ca href=\"https://www.cnbc.com/2024/03/08/google-fires-employee-who-protested-israel-tech-event-shuts-forum.html\">fired another software engineer\u003c/a> who protested at an Israeli tech event.\u003c/p>\n\u003cp>A Google spokesperson told NPR in an email when asked about Tuesday’s protesters, “physically impeding other employees’ work and preventing them from accessing our facilities is a clear violation of our policies and completely unacceptable behavior. After refusing multiple requests to leave the premises, law enforcement was engaged to remove them to ensure office safety.”\u003c/p>\n\u003ch2 class=\"edTag\">Project Nimbus and cloud computing\u003c/h2>\n\u003cp>Google, in partnership with Amazon, \u003ca href=\"https://cloud.google.com/blog/topics/inside-google-cloud/google-cloud-selected-to-provide-cloud-services-to-the-state-of-israel\">started contracting\u003c/a> with the Israeli government on Project Nimbus in 2021. Last week, \u003cem>Time\u003c/em> magazine \u003ca href=\"https://time.com/6966102/google-contract-israel-defense-ministry-gaza-war/\">obtained an internal company document\u003c/a> that showed Israel’s Ministry of Defense contracted with Google as recently as last month.\u003c/p>\n\u003cp>The Google spokesperson says its cloud services support several governments around the world, including Israel. Project Nimbus is for government ministries, the spokesperson says, and “this work is not directed at highly sensitive, classified, or military workloads relevant to weapons or intelligence services.”\u003c/p>\n\u003cp>The No Tech for Apartheid group says that without clarity on the project, it’s still unclear how the technology is being used in Israel. They say they fear it could be used in the war in Gaza and be weaponized against Palestinian civilians.\u003c/p>\n\u003cp>“Workers have the right to know how their labor is being used and to have a say in ensuring the technology they build is not used for harm,” the group says in a statement.\u003c/p>\n\u003ch2 class=\"edTag\">Worker arrests and firings\u003c/h2>\n\u003cp>Around noon on the day of the sit-in, Montes says she and other protesters at Google’s New York office unfurled a 15-foot banner down an open staircase that read: “No tech for genocide.” (Israel rejects claims of genocide, saying it’s fighting in self-defense.)\u003c/p>\n\u003cp>They sat around and played the card game Uno until Google security approached them. Montes says they were then told to leave or else they’d be arrested, but it wasn’t until about eight hours later that the police arrived.\u003c/p>\n\u003cp>More than 100 protesters showed up. A day later, Google fired Montes and 27 other employees who were part of the No Tech for Apartheid group.\u003c/p>\n\u003cp>This is one of the largest mass firings in the tech industry, and it comes as many Silicon Valley companies work with Israel. Some employees say they aren’t comfortable with that.\u003c/p>\n\u003cp>Workers at Amazon and Facebook parent Meta have also \u003ca href=\"https://www.washingtonpost.com/technology/2023/10/22/google-amazon-meta-gaza-israel-contracts/\">clashed with their employers\u003c/a> over \u003ca href=\"https://finance.yahoo.com/news/meta-employee-calls-toxic-rules-160852658.html\">speaking out against the war\u003c/a>. Last month, Google \u003ca href=\"https://www.cnbc.com/2024/03/08/google-fires-employee-who-protested-israel-tech-event-shuts-forum.html\">fired another software engineer\u003c/a> who had protested at an Israeli tech event.\u003c/p>\n\u003cp>“It was a lot of weird energy because we kept thinking like, ‘Are they going to call the cops already?'” Montes says, recounting the day.\u003c/p>\n\u003cp>By the time the police showed up, it was nighttime, and most everyone was gone from the office. They handcuffed four protesters who refused to leave the building, including Montes, walked them to a freight elevator and down into the garage, where a police van was waiting. The group spent about three and a half hours in jail.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11971467,news_11969898,news_11983333\"]In all, nine protesters were arrested in California and New York. It wasn’t until the following evening that Google began to fire workers. Montes says she was placed on administrative leave at first but then got an email saying she was terminated.\u003c/p>\n\u003cp>The email says she had “violated Google’s code of conduct” and “policy on harassment, discrimination and retaliation” during the events on Tuesday.\u003c/p>\n\u003cp>Several of the Google employees who were fired didn’t participate in the protests this week, according to No Tech for Apartheid. Google’s spokesperson says the company has been investigating employees individually.\u003c/p>\n\u003cp>“We have so far concluded individual investigations that resulted in the termination of employment for 28 employees and will continue to investigate and take action as needed,” the spokesperson says.\u003c/p>\n\u003cp>Montes says the firings are a fear tactic that won’t work. “Workers are agitated, and we’re organized,” she says, and even though she’s been fired, “we’ll keep organizing until this project is dropped.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A day after sit-in protests in Google's offices in Silicon Valley, New York City and Seattle, Google fired Zelda Montes and 27 other employees who are part of the No Tech for Apartheid group.","status":"publish","parent":0,"modified":1713555914,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1036},"headData":{"title":"Google Worker Says the Company Is 'Silencing Our Voices' After Dozens Are Fired | KQED","description":"A day after sit-in protests in Google's offices in Silicon Valley, New York City and Seattle, Google fired Zelda Montes and 27 other employees who are part of the No Tech for Apartheid group.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Google Worker Says the Company Is 'Silencing Our Voices' After Dozens Are Fired","datePublished":"2024-04-19T19:00:29.000Z","dateModified":"2024-04-19T19:45:14.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"\u003ca href=\"https://www.npr.org/people/1147860766/dara-kerr\">Dana Kerr\u003c/a>, NPR","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983466/google-worker-says-the-company-is-silencing-our-voices-after-dozens-are-fired","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The first time Zelda Montes heard about Google’s Project Nimbus was about six months ago, even though she had worked at the company since 2022. The project is a $1.2 billion contract to supply Israel with cloud computing services.\u003c/p>\n\u003cp>As someone who’s opposed to the war in Gaza, Montes says she was shocked. This comes at a time when tension over the Israeli conflict is simmering across the country.\u003c/p>\n\u003cp>“I think that speaks volumes to just how little people at work actually know about this contract,” Montes says, who worked as a software engineer at YouTube, which Google owns.\u003c/p>\n\u003cp>Montes immediately joined a Google employee group called No Tech for Apartheid, which had been organizing around Project Nimbus since 2021. Their goal is for Google to drop its contract with the Israeli government. She says the group has raised its concerns with Google’s leadership, spoke in company town halls and set up tables in Google’s offices with fliers about Project Nimbus.\u003c/p>\n\u003cp>But, she says, “Google was quite literally silencing our voices in the workplace and not allowing for any kind of worker dissent to be expressed around the project.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>So, on Tuesday, the group went one step further.\u003c/p>\n\u003cp>They staged \u003ca href=\"https://twitter.com/NoTechApartheid/status/1780278895058518468\">sit-in protests\u003c/a> in Google’s offices in Silicon Valley, New York City and Seattle — more than 100 protesters showed up. A day later, Google fired Montes and 27 other employees who were part of the No Tech for Apartheid group.\u003c/p>\n\u003cp>This is one of the largest mass firings in the tech industry, and it comes as many Silicon Valley companies work with Israel. Some employees say they aren’t comfortable with that.\u003c/p>\n\u003cp>Workers at Amazon and Facebook parent Meta have also \u003ca href=\"https://www.washingtonpost.com/technology/2023/10/22/google-amazon-meta-gaza-israel-contracts/\">clashed with their employers\u003c/a> over \u003ca href=\"https://finance.yahoo.com/news/meta-employee-calls-toxic-rules-160852658.html\">speaking out against the war\u003c/a>. Last month, Google \u003ca href=\"https://www.cnbc.com/2024/03/08/google-fires-employee-who-protested-israel-tech-event-shuts-forum.html\">fired another software engineer\u003c/a> who protested at an Israeli tech event.\u003c/p>\n\u003cp>A Google spokesperson told NPR in an email when asked about Tuesday’s protesters, “physically impeding other employees’ work and preventing them from accessing our facilities is a clear violation of our policies and completely unacceptable behavior. After refusing multiple requests to leave the premises, law enforcement was engaged to remove them to ensure office safety.”\u003c/p>\n\u003ch2 class=\"edTag\">Project Nimbus and cloud computing\u003c/h2>\n\u003cp>Google, in partnership with Amazon, \u003ca href=\"https://cloud.google.com/blog/topics/inside-google-cloud/google-cloud-selected-to-provide-cloud-services-to-the-state-of-israel\">started contracting\u003c/a> with the Israeli government on Project Nimbus in 2021. Last week, \u003cem>Time\u003c/em> magazine \u003ca href=\"https://time.com/6966102/google-contract-israel-defense-ministry-gaza-war/\">obtained an internal company document\u003c/a> that showed Israel’s Ministry of Defense contracted with Google as recently as last month.\u003c/p>\n\u003cp>The Google spokesperson says its cloud services support several governments around the world, including Israel. Project Nimbus is for government ministries, the spokesperson says, and “this work is not directed at highly sensitive, classified, or military workloads relevant to weapons or intelligence services.”\u003c/p>\n\u003cp>The No Tech for Apartheid group says that without clarity on the project, it’s still unclear how the technology is being used in Israel. They say they fear it could be used in the war in Gaza and be weaponized against Palestinian civilians.\u003c/p>\n\u003cp>“Workers have the right to know how their labor is being used and to have a say in ensuring the technology they build is not used for harm,” the group says in a statement.\u003c/p>\n\u003ch2 class=\"edTag\">Worker arrests and firings\u003c/h2>\n\u003cp>Around noon on the day of the sit-in, Montes says she and other protesters at Google’s New York office unfurled a 15-foot banner down an open staircase that read: “No tech for genocide.” (Israel rejects claims of genocide, saying it’s fighting in self-defense.)\u003c/p>\n\u003cp>They sat around and played the card game Uno until Google security approached them. Montes says they were then told to leave or else they’d be arrested, but it wasn’t until about eight hours later that the police arrived.\u003c/p>\n\u003cp>More than 100 protesters showed up. A day later, Google fired Montes and 27 other employees who were part of the No Tech for Apartheid group.\u003c/p>\n\u003cp>This is one of the largest mass firings in the tech industry, and it comes as many Silicon Valley companies work with Israel. Some employees say they aren’t comfortable with that.\u003c/p>\n\u003cp>Workers at Amazon and Facebook parent Meta have also \u003ca href=\"https://www.washingtonpost.com/technology/2023/10/22/google-amazon-meta-gaza-israel-contracts/\">clashed with their employers\u003c/a> over \u003ca href=\"https://finance.yahoo.com/news/meta-employee-calls-toxic-rules-160852658.html\">speaking out against the war\u003c/a>. Last month, Google \u003ca href=\"https://www.cnbc.com/2024/03/08/google-fires-employee-who-protested-israel-tech-event-shuts-forum.html\">fired another software engineer\u003c/a> who had protested at an Israeli tech event.\u003c/p>\n\u003cp>“It was a lot of weird energy because we kept thinking like, ‘Are they going to call the cops already?'” Montes says, recounting the day.\u003c/p>\n\u003cp>By the time the police showed up, it was nighttime, and most everyone was gone from the office. They handcuffed four protesters who refused to leave the building, including Montes, walked them to a freight elevator and down into the garage, where a police van was waiting. The group spent about three and a half hours in jail.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11971467,news_11969898,news_11983333"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In all, nine protesters were arrested in California and New York. It wasn’t until the following evening that Google began to fire workers. Montes says she was placed on administrative leave at first but then got an email saying she was terminated.\u003c/p>\n\u003cp>The email says she had “violated Google’s code of conduct” and “policy on harassment, discrimination and retaliation” during the events on Tuesday.\u003c/p>\n\u003cp>Several of the Google employees who were fired didn’t participate in the protests this week, according to No Tech for Apartheid. Google’s spokesperson says the company has been investigating employees individually.\u003c/p>\n\u003cp>“We have so far concluded individual investigations that resulted in the termination of employment for 28 employees and will continue to investigate and take action as needed,” the spokesperson says.\u003c/p>\n\u003cp>Montes says the firings are a fear tactic that won’t work. “Workers are agitated, and we’re organized,” she says, and even though she’s been fired, “we’ll keep organizing until this project is dropped.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983466/google-worker-says-the-company-is-silencing-our-voices-after-dozens-are-fired","authors":["byline_news_11983466"],"categories":["news_8"],"tags":["news_93","news_33333"],"affiliates":["news_253"],"featImg":"news_11983468","label":"news_253"},"news_11983313":{"type":"posts","id":"news_11983313","meta":{"index":"posts_1591205157","site":"news","id":"11983313","score":null,"sort":[1713524452000]},"guestAuthors":[],"slug":"after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","title":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew","publishDate":1713524452,"format":"standard","headTitle":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew | KQED","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>When Phoeun You landed in Phnom Penh in March 2022, he was surprised by how tall the buildings were. “I thought about Cambodia like, man, I’m gonna see cows on the road. Dirt roads and stuff like that.”\u003c/p>\n\u003cp>He was born there, but by the time he returned at almost 50 years old, he was effectively a foreigner.\u003c/p>\n\u003cp>You was an infant when his family fled the \u003ca href=\"https://www.nytimes.com/2018/11/15/world/asia/khmer-rouge-cambodia-genocide.html\">Cambodian genocide\u003c/a> in 1976. Fifteen of them — siblings, parents, grandma, nieces and nephews — ended up in a refugee camp in Thailand. It was a harrowing but familiar path for the estimated 1 million Cambodians who escaped Pol Pot’s bloody dictatorship.\u003c/p>\n\u003cp>You spent the first five years of his life in the refugee camp in Thailand. It wasn’t until later in life that he realized how traumatic those early years were. Small things, like powdered milk, now transport him back there.\u003c/p>\n\u003cp>“That smell, that feel of chalk … it took me right back to the refugee camp,” he recently remembered.\u003c/p>\n\u003cp>In the aftermath of the Vietnam War, the State Department contracted with religious agencies to help resettle the hundreds of thousands of refugees arriving in the U.S. from Southeast Asia. After receiving his green card, Phoeun landed with a Mormon family in northern Utah.\u003c/p>\n\u003cp>His first memories in the U.S. were of eating tuna fish sandwiches and macaroni and cheese. Everything, including the enormous Wasatch Mountains, felt surreal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I remember the first time it snowed,” he said. “It scared the hell out of me. I was like, ‘Man, this is cold. Are we gonna freeze out here?’”\u003c/p>\n\u003cp>After life stabilized in Utah, You’s parents moved the family to Long Beach, California. Thanks to a student exchange program at Cal State Long Beach, the city’s Cambodian population had grown since the 1950s. By the time the Khmer Rouge fell in 1979, Long Beach had the largest population of Cambodians outside of Cambodia. In some ways, it felt like home.\u003c/p>\n\u003cp>However, the move to California also brought unwanted reminders of the country they left behind. Long Beach was a violent place in the 1980s, particularly for Southeast Asian refugees moving into historically Black and Latino neighborhoods. You was bullied at school, and when he was 13, he joined his older brother’s gang for protection. His life spiraled out of control from there.\u003c/p>\n\u003cp>In 1995, a gang beat up You and his nephew in a school parking lot. The next day, You fired a shotgun into a crowd of teenagers in retaliation. It killed one of the young men and injured four others. A year later, he was convicted of first-degree murder and given a 35-year-to-life sentence.\u003c/p>\n\u003cp>You’s first few years of adulthood began in California’s state prison system, and it was rough. He regularly witnessed fights and stabbings at Salinas Valley State Prison.\u003c/p>\n\u003cp>“You almost have to stop yourself from being human,” he recalls. “Every time you see blood, the human side of me makes me wanna care. Like, ‘Hey man, I know this is a prison, but are you OK?’ But I can’t do that.”\u003c/p>\n\u003cp>It wasn’t until You suffered his own loss that he reflected on his crime. The news came through a letter in the mail from an older sister.\u003c/p>\n\u003cp>“[It] said, ‘Hey, look, we have some news that your sister was murdered.’”\u003c/p>\n\u003cp>His sister had been shot in a parking lot by a jealous boyfriend, according to You. He felt anger but also a strange sense of clarity.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11966564,news_11975246,news_11800255,news_11975904\"]“It dawned on me that this must be how the victim’s family felt when I took their son away from them,” he reflected.\u003c/p>\n\u003cp>After a dozen years in California maximum security prisons, You was transferred to San Quentin State Prison. He enrolled in rehabilitation programs, including the intensive Victim Offender Education Group. The early sessions helped him confront the magnitude of his crime and, for the first time, unpack the traumatic life events that led up to it.\u003c/p>\n\u003cp>Eventually, he started his own program for other Asian American and Pacific Islander inmates at San Quentin to talk about history, war, and how to enter back into society.\u003c/p>\n\u003cp>In 2021, after 25 years behind bars, You was up for parole. It was actually his second time presenting his case to the state’s board — the first time, he said, he completely froze up. This time, though, You was ready.\u003c/p>\n\u003cp>But when he first heard the news of his freedom through a Zoom meeting during the COVID-19 pandemic, You struggled to take it in.\u003c/p>\n\u003cp>“To finally hear those words just didn’t feel real,” he said.\u003c/p>\n\u003cp>He said that feeling joy didn’t feel right either. “It takes away from the crime I’ve committed.”\u003c/p>\n\u003cp>Unfortunately for You, things were about to become much more complicated.\u003c/p>\n\u003ch2>\u003cstrong>Deported to Cambodia\u003c/strong>\u003c/h2>\n\u003cp>A few days before he was set to be released, he got a visit from a federal official who informed him that U.S. Immigration and Customs Enforcement had placed a hold on him.\u003c/p>\n\u003cp>Although You became eligible for U.S. citizenship when he turned 18, his parents’ hectic home life — with 12 family members rotating in and out of a three-bedroom house — kept them from pursuing an application.\u003c/p>\n\u003cp>When You lost his green card status following the murder conviction, he was no longer a protected refugee. Rather, he was now illegally on U.S. soil.\u003c/p>\n\u003cfigure id=\"attachment_11983321\" class=\"wp-caption alignnone\" style=\"max-width: 1280px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983321\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg\" alt=\"\" width=\"1280\" height=\"960\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg 1280w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-160x120.jpg 160w\" sizes=\"(max-width: 1280px) 100vw, 1280px\">\u003cfigcaption class=\"wp-caption-text\">\u003cem>Phoeun \u003c/em>You takes a selfie in Phnom Penh, Cambodia. \u003ccite>(Courtesy of Pheoun You)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ICE hold meant that federal officials could try to deport him after his release from prison. Instead of walking out of San Quentin, a free man, You was transferred to an immigration detention center in central California where he could choose to appeal his case.\u003c/p>\n\u003cp>You said that was a difficult decision. If he fought his case, it would happen from a detention cell in central California — a process that could take years.\u003c/p>\n\u003cp>“You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?”\u003c/p>\n\u003cp>So You signed his own deportation papers.\u003c/p>\n\u003cp>When he stepped off the plane in Phnom Penh a few months later, he was accompanied by three ICE agents.\u003c/p>\n\u003cp>The entire experience left him shell-shocked. You didn’t have a job or speak Khmer and had no friends or professional contacts. And he had no proof he was a citizen of any country; documentation of his birth was destroyed during the genocide.\u003c/p>\n\u003cp>Luckily, You still had relatives in Cambodia. He spent the first few weeks of his new life in Southeast Asia, reconnecting with his aunt in the Cambodian countryside.\u003c/p>\n\u003cp>He hadn’t seen her in nearly 50 years, but she offered to sponsor his Cambodian citizenship application.\u003c/p>\n\u003ch2>\u003cstrong>New life in Cambodia\u003c/strong>\u003c/h2>\n\u003cp>You’s aunt hooked him up with a third-floor studio on the outskirts of Phnom Penh. After weeks of watching the neighborhood wake up from his balcony — food carts passing by, moms walking their kids to school — he started to feel more settled.\u003c/p>\n\u003cp>But other adjustments have come more slowly. Because of the language barrier, You spends a lot of time alone in his apartment. He uses a translator app on his phone to communicate at restaurants or the grocery store, but he’s hesitant to date or make new friends.\u003c/p>\n\u003cp>“I’m a social person,” he said. “I want to mingle. I want to connect on a deeper level, and I don’t have the words to do that. And it feels really awkward because I can’t express (myself) fully.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Phoeun You\"]‘You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?’[/pullquote]Everywhere he looks, You is reminded that he’s far away from home. Billboards are in different languages. There are no sidewalks or street lamps, and the food stalls still amaze him.\u003c/p>\n\u003cp>People stare at him — which makes him uncomfortable.\u003c/p>\n\u003cp>“They look at me, and it’s like, OK: the tattoos, the shaved head … They’ll notice my accent is a little off. They get the hint like, ‘This guy’s not completely one of us.’”\u003c/p>\n\u003cp>Very quickly, You had to start looking for a job in a country where he didn’t speak the language.\u003c/p>\n\u003cp>But his last job was more than two decades ago, working at a casino in Las Vegas. With some experience teaching English as a second language to adults at San Quentin, You thought he might land a similar gig in Phnom Penh.\u003c/p>\n\u003cp>“I was applying for a good four months,” he said — pursuing around 20 different positions — but he kept getting turned down. “I was like, ‘Man, what is going on?’”\u003c/p>\n\u003cp>You wasn’t sure, but he had a sinking feeling that his criminal record in the U.S. followed him to Cambodia. He said most hiring managers didn’t know about his conviction right away, but when interviewers asked him what a working-aged man from the U.S. was doing in Phnom Penh, You felt like they were piecing things together.\u003c/p>\n\u003cp>You spent months worrying he’d never get back on his feet. But finally, he broke through. In October 2023, he landed a job teaching English at an international school in Phnom Penh.\u003c/p>\n\u003cp>He said the work is exhausting: He teaches five grade levels and isn’t paid much. But he said it’s helping him find purpose again.\u003c/p>\n\u003cp>Recently, he assigned his ninth-grade students to interview their parents. He said it’s sometimes difficult for Cambodians to communicate on a deeper level with their parents, so his goal is for them to get to know themselves better by learning about their family’s history.\u003c/p>\n\u003cp>“I think of my own past, growing up,” he said. “I didn’t know my parents enough.”\u003c/p>\n\u003cp>You laments the lack of love and connection he felt at home as a kid. Part of him feels like life might have been different otherwise.\u003c/p>\n\u003cp>He can’t change the past, but he said that teaching helps him reflect on his childhood and look forward to a future with a family of his own.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Phoeun You knows what it’s like to be a refugee in the United States, serve prison time for a violent crime, and be deported to a country he never knew. ","status":"publish","parent":0,"modified":1713562501,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":53,"wordCount":1850},"headData":{"title":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew | KQED","description":"Phoeun You knows what it’s like to be a refugee in the United States, serve prison time for a violent crime, and be deported to a country he never knew. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"After Parole, ICE Deported This Refugee Back to a Country He Never Knew","datePublished":"2024-04-19T11:00:52.000Z","dateModified":"2024-04-19T21:35:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC2374918807.mp3?updated=1713372438","sticky":false,"nprByline":"Mateo Schimpf","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983313/after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Phoeun You landed in Phnom Penh in March 2022, he was surprised by how tall the buildings were. “I thought about Cambodia like, man, I’m gonna see cows on the road. Dirt roads and stuff like that.”\u003c/p>\n\u003cp>He was born there, but by the time he returned at almost 50 years old, he was effectively a foreigner.\u003c/p>\n\u003cp>You was an infant when his family fled the \u003ca href=\"https://www.nytimes.com/2018/11/15/world/asia/khmer-rouge-cambodia-genocide.html\">Cambodian genocide\u003c/a> in 1976. Fifteen of them — siblings, parents, grandma, nieces and nephews — ended up in a refugee camp in Thailand. It was a harrowing but familiar path for the estimated 1 million Cambodians who escaped Pol Pot’s bloody dictatorship.\u003c/p>\n\u003cp>You spent the first five years of his life in the refugee camp in Thailand. It wasn’t until later in life that he realized how traumatic those early years were. Small things, like powdered milk, now transport him back there.\u003c/p>\n\u003cp>“That smell, that feel of chalk … it took me right back to the refugee camp,” he recently remembered.\u003c/p>\n\u003cp>In the aftermath of the Vietnam War, the State Department contracted with religious agencies to help resettle the hundreds of thousands of refugees arriving in the U.S. from Southeast Asia. After receiving his green card, Phoeun landed with a Mormon family in northern Utah.\u003c/p>\n\u003cp>His first memories in the U.S. were of eating tuna fish sandwiches and macaroni and cheese. Everything, including the enormous Wasatch Mountains, felt surreal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I remember the first time it snowed,” he said. “It scared the hell out of me. I was like, ‘Man, this is cold. Are we gonna freeze out here?’”\u003c/p>\n\u003cp>After life stabilized in Utah, You’s parents moved the family to Long Beach, California. Thanks to a student exchange program at Cal State Long Beach, the city’s Cambodian population had grown since the 1950s. By the time the Khmer Rouge fell in 1979, Long Beach had the largest population of Cambodians outside of Cambodia. In some ways, it felt like home.\u003c/p>\n\u003cp>However, the move to California also brought unwanted reminders of the country they left behind. Long Beach was a violent place in the 1980s, particularly for Southeast Asian refugees moving into historically Black and Latino neighborhoods. You was bullied at school, and when he was 13, he joined his older brother’s gang for protection. His life spiraled out of control from there.\u003c/p>\n\u003cp>In 1995, a gang beat up You and his nephew in a school parking lot. The next day, You fired a shotgun into a crowd of teenagers in retaliation. It killed one of the young men and injured four others. A year later, he was convicted of first-degree murder and given a 35-year-to-life sentence.\u003c/p>\n\u003cp>You’s first few years of adulthood began in California’s state prison system, and it was rough. He regularly witnessed fights and stabbings at Salinas Valley State Prison.\u003c/p>\n\u003cp>“You almost have to stop yourself from being human,” he recalls. “Every time you see blood, the human side of me makes me wanna care. Like, ‘Hey man, I know this is a prison, but are you OK?’ But I can’t do that.”\u003c/p>\n\u003cp>It wasn’t until You suffered his own loss that he reflected on his crime. The news came through a letter in the mail from an older sister.\u003c/p>\n\u003cp>“[It] said, ‘Hey, look, we have some news that your sister was murdered.’”\u003c/p>\n\u003cp>His sister had been shot in a parking lot by a jealous boyfriend, according to You. He felt anger but also a strange sense of clarity.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11966564,news_11975246,news_11800255,news_11975904"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It dawned on me that this must be how the victim’s family felt when I took their son away from them,” he reflected.\u003c/p>\n\u003cp>After a dozen years in California maximum security prisons, You was transferred to San Quentin State Prison. He enrolled in rehabilitation programs, including the intensive Victim Offender Education Group. The early sessions helped him confront the magnitude of his crime and, for the first time, unpack the traumatic life events that led up to it.\u003c/p>\n\u003cp>Eventually, he started his own program for other Asian American and Pacific Islander inmates at San Quentin to talk about history, war, and how to enter back into society.\u003c/p>\n\u003cp>In 2021, after 25 years behind bars, You was up for parole. It was actually his second time presenting his case to the state’s board — the first time, he said, he completely froze up. This time, though, You was ready.\u003c/p>\n\u003cp>But when he first heard the news of his freedom through a Zoom meeting during the COVID-19 pandemic, You struggled to take it in.\u003c/p>\n\u003cp>“To finally hear those words just didn’t feel real,” he said.\u003c/p>\n\u003cp>He said that feeling joy didn’t feel right either. “It takes away from the crime I’ve committed.”\u003c/p>\n\u003cp>Unfortunately for You, things were about to become much more complicated.\u003c/p>\n\u003ch2>\u003cstrong>Deported to Cambodia\u003c/strong>\u003c/h2>\n\u003cp>A few days before he was set to be released, he got a visit from a federal official who informed him that U.S. Immigration and Customs Enforcement had placed a hold on him.\u003c/p>\n\u003cp>Although You became eligible for U.S. citizenship when he turned 18, his parents’ hectic home life — with 12 family members rotating in and out of a three-bedroom house — kept them from pursuing an application.\u003c/p>\n\u003cp>When You lost his green card status following the murder conviction, he was no longer a protected refugee. Rather, he was now illegally on U.S. soil.\u003c/p>\n\u003cfigure id=\"attachment_11983321\" class=\"wp-caption alignnone\" style=\"max-width: 1280px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983321\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg\" alt=\"\" width=\"1280\" height=\"960\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014.jpg 1280w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/IMG-20240413-WA0014-160x120.jpg 160w\" sizes=\"(max-width: 1280px) 100vw, 1280px\">\u003cfigcaption class=\"wp-caption-text\">\u003cem>Phoeun \u003c/em>You takes a selfie in Phnom Penh, Cambodia. \u003ccite>(Courtesy of Pheoun You)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The ICE hold meant that federal officials could try to deport him after his release from prison. Instead of walking out of San Quentin, a free man, You was transferred to an immigration detention center in central California where he could choose to appeal his case.\u003c/p>\n\u003cp>You said that was a difficult decision. If he fought his case, it would happen from a detention cell in central California — a process that could take years.\u003c/p>\n\u003cp>“You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?”\u003c/p>\n\u003cp>So You signed his own deportation papers.\u003c/p>\n\u003cp>When he stepped off the plane in Phnom Penh a few months later, he was accompanied by three ICE agents.\u003c/p>\n\u003cp>The entire experience left him shell-shocked. You didn’t have a job or speak Khmer and had no friends or professional contacts. And he had no proof he was a citizen of any country; documentation of his birth was destroyed during the genocide.\u003c/p>\n\u003cp>Luckily, You still had relatives in Cambodia. He spent the first few weeks of his new life in Southeast Asia, reconnecting with his aunt in the Cambodian countryside.\u003c/p>\n\u003cp>He hadn’t seen her in nearly 50 years, but she offered to sponsor his Cambodian citizenship application.\u003c/p>\n\u003ch2>\u003cstrong>New life in Cambodia\u003c/strong>\u003c/h2>\n\u003cp>You’s aunt hooked him up with a third-floor studio on the outskirts of Phnom Penh. After weeks of watching the neighborhood wake up from his balcony — food carts passing by, moms walking their kids to school — he started to feel more settled.\u003c/p>\n\u003cp>But other adjustments have come more slowly. Because of the language barrier, You spends a lot of time alone in his apartment. He uses a translator app on his phone to communicate at restaurants or the grocery store, but he’s hesitant to date or make new friends.\u003c/p>\n\u003cp>“I’m a social person,” he said. “I want to mingle. I want to connect on a deeper level, and I don’t have the words to do that. And it feels really awkward because I can’t express (myself) fully.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘You have to weigh it out like, does it matter when the law is already set in stone? Do you prolong your sentence and your stay if you know you’re gonna lose the case anyways?’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Phoeun You","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Everywhere he looks, You is reminded that he’s far away from home. Billboards are in different languages. There are no sidewalks or street lamps, and the food stalls still amaze him.\u003c/p>\n\u003cp>People stare at him — which makes him uncomfortable.\u003c/p>\n\u003cp>“They look at me, and it’s like, OK: the tattoos, the shaved head … They’ll notice my accent is a little off. They get the hint like, ‘This guy’s not completely one of us.’”\u003c/p>\n\u003cp>Very quickly, You had to start looking for a job in a country where he didn’t speak the language.\u003c/p>\n\u003cp>But his last job was more than two decades ago, working at a casino in Las Vegas. With some experience teaching English as a second language to adults at San Quentin, You thought he might land a similar gig in Phnom Penh.\u003c/p>\n\u003cp>“I was applying for a good four months,” he said — pursuing around 20 different positions — but he kept getting turned down. “I was like, ‘Man, what is going on?’”\u003c/p>\n\u003cp>You wasn’t sure, but he had a sinking feeling that his criminal record in the U.S. followed him to Cambodia. He said most hiring managers didn’t know about his conviction right away, but when interviewers asked him what a working-aged man from the U.S. was doing in Phnom Penh, You felt like they were piecing things together.\u003c/p>\n\u003cp>You spent months worrying he’d never get back on his feet. But finally, he broke through. In October 2023, he landed a job teaching English at an international school in Phnom Penh.\u003c/p>\n\u003cp>He said the work is exhausting: He teaches five grade levels and isn’t paid much. But he said it’s helping him find purpose again.\u003c/p>\n\u003cp>Recently, he assigned his ninth-grade students to interview their parents. He said it’s sometimes difficult for Cambodians to communicate on a deeper level with their parents, so his goal is for them to get to know themselves better by learning about their family’s history.\u003c/p>\n\u003cp>“I think of my own past, growing up,” he said. “I didn’t know my parents enough.”\u003c/p>\n\u003cp>You laments the lack of love and connection he felt at home as a kid. Part of him feels like life might have been different otherwise.\u003c/p>\n\u003cp>He can’t change the past, but he said that teaching helps him reflect on his childhood and look forward to a future with a family of his own.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983313/after-parole-ice-deported-this-refugee-back-to-a-country-he-never-knew","authors":["byline_news_11983313"],"programs":["news_72","news_26731"],"categories":["news_1169","news_6188","news_8"],"tags":["news_17725","news_18123","news_27626","news_21027","news_20202","news_20463"],"featImg":"news_11983320","label":"news_26731"},"news_11983338":{"type":"posts","id":"news_11983338","meta":{"index":"posts_1591205157","site":"news","id":"11983338","score":null,"sort":[1713520840000]},"guestAuthors":[],"slug":"more-than-a-year-after-shooting-half-moon-bay-is-making-progress-on-farmworker-housing","title":"More Than a Year After Shooting, Half Moon Bay is Making Progress on Farmworker Housing","publishDate":1713520840,"format":"audio","headTitle":"More Than a Year After Shooting, Half Moon Bay is Making Progress on Farmworker Housing | KQED","labelTerm":{},"content":"\u003cp>\u003ci data-stringify-type=\"italic\">A full transcript will be available 1–2 workdays after the episode’s publication.\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After last year’s mass shooting at two mushroom farms in Half Moon Bay, officials learned that some farmworkers had been living in shipping containers. State and local leaders promised to do something about it.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now, the city is close to breaking ground on housing for the survivors and other low-wage farmworkers in the area.\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC6040012084&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"In this episode of The Bay, we learn about Half Moon Bay's efforts to build farmworker housing after last year's mass shooting revealed substandard living conditions.","status":"publish","parent":0,"modified":1713463735,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":75},"headData":{"title":"More Than a Year After Shooting, Half Moon Bay is Making Progress on Farmworker Housing | KQED","description":"In this episode of The Bay, we learn about Half Moon Bay's efforts to build farmworker housing after last year's mass shooting revealed substandard living conditions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"More Than a Year After Shooting, Half Moon Bay is Making Progress on Farmworker Housing","datePublished":"2024-04-19T10:00:40.000Z","dateModified":"2024-04-18T18:08:55.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC6040012084.mp3?updated=1713463980","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11983338/more-than-a-year-after-shooting-half-moon-bay-is-making-progress-on-farmworker-housing","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ci data-stringify-type=\"italic\">A full transcript will be available 1–2 workdays after the episode’s publication.\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">After last year’s mass shooting at two mushroom farms in Half Moon Bay, officials learned that some farmworkers had been living in shipping containers. State and local leaders promised to do something about it.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Now, the city is close to breaking ground on housing for the survivors and other low-wage farmworkers in the area.\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC6040012084&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983338/more-than-a-year-after-shooting-half-moon-bay-is-making-progress-on-farmworker-housing","authors":["8654","259","11649","11802"],"categories":["news_8"],"tags":["news_4092","news_29817","news_1164","news_1775","news_33812","news_22598"],"featImg":"news_11982572","label":"source_news_11983338"},"news_11983439":{"type":"posts","id":"news_11983439","meta":{"index":"posts_1591205157","site":"news","id":"11983439","score":null,"sort":[1713497857000]},"guestAuthors":[],"slug":"alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death","title":"Alameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario Gonzalez","publishDate":1713497857,"format":"standard","headTitle":"Alameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario Gonzalez | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 5 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>Alameda County District Attorney Pamela Price on Thursday announced her office had filed involuntary manslaughter charges against three Alameda police officers involved in the 2021 death of Mario Gonzalez, a young, unarmed man who stopped breathing after they pinned him face-down to the ground in a city park.\u003c/p>\n\u003cp>Price’s move to file felony charges against the officers — Eric McKinley, James Fisher and Cameron Leahy — reverses the decision of her predecessor, \u003ca class=\"\" href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\" data-link=\"native\">who in 2022 declined to charge them after finding no evidence of wrongdoing.\u003c/a>\u003c/p>\n\u003cp>The Gonzalez case was one of the highest-profile of \u003ca class=\"\" href=\"https://www.sfchronicle.com/eastbay/article/alameda-county-d-a-reopening-investigations-for-17754790.php\" data-link=\"native\">eight police shootings or in-custody deaths\u003c/a> that Price, a former civil rights attorney, reopened shortly after taking office last year.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At a Thursday press conference, Price said she had been “walled off” from this particular case and that her office’s Public Accountability Unit had independently made the charging decision. Price created that unit after taking office to review officer misconduct cases like this one.\u003c/p>\n\u003cp>“It is important that we have a Public Accountability Unit, that we hold people accountable when there is harm, and that we don’t have a double standard,” said Price, who is also now facing \u003ca class=\"\" href=\"https://www.sfchronicle.com/bayarea/article/pamela-price-alameda-county-da-face-recall-vote-19404771.php\" data-link=\"native\">a recall election\u003c/a>. “We won’t be able to administer justice if the community doesn’t trust that the system is going to work for everybody on an equal basis.”\u003c/p>\n\u003cp>“We’re trying to rebuild trust in a system that has not always been fair to folks, particularly in Alameda County,” she said.\u003c/p>\n\u003cp>If convicted, the officers could face up to four years in state prison.\u003c/p>\n\u003cp>During Thursday’s press conference, Price declined to say if any new evidence had been introduced that may have influenced the decision to bring the new charges, which were were filed just before the criminal statute of limitations expired.\u003c/p>\n\u003cp>All three officers continue to work in law enforcement. Fisher is a Contra Costa County sheriff’s deputy, while Leahy and McKinley are still at the Alameda Police Department. The two were placed on leave on April 17, after the department was notified of the charges, Alameda Police Chief Nishant Joshi said in a statement on Friday.[aside label=\"related coverage\" tag=\"mario-gonzalez\"]Joshi, who became chief shortly after the incident, said he was confident in the justice system and pledged to fully cooperate with the process.\u003c/p>\n\u003cp>But he also noted that he had conducted his own “independent review” of the multiple previous investigations — including those done by the Alameda County Sheriff’s Office, the Coroner’s Bureau, and the city — and said he “concurred that Alameda police officers did not engage in any misconduct and I stand by that decision today.”\u003c/p>\n\u003cp>Alison Berry Wilkinson, an attorney who represented the three officers during the previous investigations, blasted the DA’s decision, calling it a blatant act of “political prosecution.”\u003c/p>\n\u003cp>“The District Attorney waited until the 11th hour before the statute of limitations was set to expire to bring these charges just days after it was confirmed she would face recall,” she said in an email statement. “There is no new evidence.”\u003c/p>\n\u003cp>Wilkinson defended the officers’ actions while taking Gonzalez into custody as “reasonable, necessary, and lawful” and attributed his death to “drug toxicity, not criminal misconduct.”\u003c/p>\n\u003cp>“We are confident a jury will see through this charade and exonerate the officers, just as the two prior independent investigations did,” she added.\u003c/p>\n\u003cp>But Oakland civil rights attorney Michael Haddad praised the DA’s decision to file charges.\u003c/p>\n\u003cp>“These charges are long overdue. They’re not excessive,” Haddad told KQED on Friday.\u003c/p>\n\u003cp>“They’re very appropriate and in fact obvious in this situation. I think that from our work in the civil case, we basically gave the district attorney this case tied up in a bow, just from the records we filed in open court,” he said. “And it’s really clear that a jury should decide whether these officers are criminally responsible.”\u003c/p>\n\u003cp>Gonzalez, a 26-year-old man from Oakland, was confronted by three police officers in a small Alameda park on the \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">morning of April 19, 2021\u003c/a>, after several neighbors called 911 reporting a man behaving erratically.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long police body camera video\u003c/a>, the interaction began calmly but quickly escalated after the officers made repeated, unsuccessful attempts to obtain Gonzalez’s full name and ID. They then grabbed him without ever accusing him of a crime or placing him under arrest. When Gonzalez resisted, the officers took him to the ground, pinning him on his stomach, with at least one of them pressing an elbow and knee into his back and shoulder as he struggled.\u003c/p>\n\u003cp>The officers continued to hold Gonzalez in a prone position, his hands restrained behind his back, for roughly five minutes, at which point he went limp and appeared to stop breathing.\u003c/p>\n\u003cp>After officers performed CPR and administered at least two doses of Narcan, a drug used to counteract opiate overdoses, paramedics rushed Gonzalez to Alameda Hospital, where he was pronounced dead.\u003c/p>\n\u003cp>The incident sparked fierce local protests.\u003c/p>\n\u003cp>The 2022 review of the case by then-DA Nancy O’Malley’s office found the officers acted reasonably out of concern that Gonzalez might pose a threat to them, himself and others. O’Malley’s office said the officers had tried to “deescalate” the situation by using “necessary” force but never struck Gonzalez or used any illicit chokeholds or weapons.\u003c/p>\n\u003cp>An autopsy \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/gonzalez-mario-coroners-investigation.pdf\">performed by the Alameda County coroner (PDF)\u003c/a>, and released nearly eight months after the incident, classified Gonzalez’s death as a homicide, but identified the “toxic effects of methamphetamine” as the leading cause of his fatal cardiac arrest. A \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Second-autopsy-finds-Mario-Gonzalez-died-of-17131892.php\">subsequent independent autopsy\u003c/a>, requested by attorneys representing Gonzalez’s family, classified the death as a homicide, attributing it to “restraint asphyxiation.”\u003c/p>\n\u003cp>Robert Weisberg, law professor and co-director of Stanford University’s Criminal Justice Center, told KQED on Friday it would be a potentially close case.\u003c/p>\n\u003cp>“These would be difficult jury questions,” Weisberg said. “First if the restraint even played a significant causal role in his death, and second of course whether the officers displayed gross negligence or recklessness in supplying that excessive pressure.”\u003c/p>\n\u003cp>“I can imagine a judge saying ‘Yes, I think there’s sufficient evidence,’ from which a jury could conclude that there’s a basis for an involuntary manslaughter charge. But it’s very tough to say whether a jury would come to that conclusion.”\u003c/p>\n\u003cp>Last December, the city of Alameda agreed \u003ca href=\"https://www.kqed.org/news/11970180/attorney-for-family-of-mario-gonzalez-calls-11-million-settlement-a-historic-amount\">to pay $11 million to Gonzalez’s 7-year-old son\u003c/a> and $350,000 to his mother to settle a civil rights suit.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Alex Emslie.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The move by District Attorney Pamela Price's office to file felony involuntary manslaughter charges against the officers reverses the decision of her predecessor, who in 2022 declined to charge them after finding no evidence of wrongdoing.","status":"publish","parent":0,"modified":1713575700,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1199},"headData":{"title":"Alameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario Gonzalez | KQED","description":"The move by District Attorney Pamela Price's office to file felony involuntary manslaughter charges against the officers reverses the decision of her predecessor, who in 2022 declined to charge them after finding no evidence of wrongdoing.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Alameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario Gonzalez","datePublished":"2024-04-19T03:37:37.000Z","dateModified":"2024-04-20T01:15:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 5 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>Alameda County District Attorney Pamela Price on Thursday announced her office had filed involuntary manslaughter charges against three Alameda police officers involved in the 2021 death of Mario Gonzalez, a young, unarmed man who stopped breathing after they pinned him face-down to the ground in a city park.\u003c/p>\n\u003cp>Price’s move to file felony charges against the officers — Eric McKinley, James Fisher and Cameron Leahy — reverses the decision of her predecessor, \u003ca class=\"\" href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\" data-link=\"native\">who in 2022 declined to charge them after finding no evidence of wrongdoing.\u003c/a>\u003c/p>\n\u003cp>The Gonzalez case was one of the highest-profile of \u003ca class=\"\" href=\"https://www.sfchronicle.com/eastbay/article/alameda-county-d-a-reopening-investigations-for-17754790.php\" data-link=\"native\">eight police shootings or in-custody deaths\u003c/a> that Price, a former civil rights attorney, reopened shortly after taking office last year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At a Thursday press conference, Price said she had been “walled off” from this particular case and that her office’s Public Accountability Unit had independently made the charging decision. Price created that unit after taking office to review officer misconduct cases like this one.\u003c/p>\n\u003cp>“It is important that we have a Public Accountability Unit, that we hold people accountable when there is harm, and that we don’t have a double standard,” said Price, who is also now facing \u003ca class=\"\" href=\"https://www.sfchronicle.com/bayarea/article/pamela-price-alameda-county-da-face-recall-vote-19404771.php\" data-link=\"native\">a recall election\u003c/a>. “We won’t be able to administer justice if the community doesn’t trust that the system is going to work for everybody on an equal basis.”\u003c/p>\n\u003cp>“We’re trying to rebuild trust in a system that has not always been fair to folks, particularly in Alameda County,” she said.\u003c/p>\n\u003cp>If convicted, the officers could face up to four years in state prison.\u003c/p>\n\u003cp>During Thursday’s press conference, Price declined to say if any new evidence had been introduced that may have influenced the decision to bring the new charges, which were were filed just before the criminal statute of limitations expired.\u003c/p>\n\u003cp>All three officers continue to work in law enforcement. Fisher is a Contra Costa County sheriff’s deputy, while Leahy and McKinley are still at the Alameda Police Department. The two were placed on leave on April 17, after the department was notified of the charges, Alameda Police Chief Nishant Joshi said in a statement on Friday.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"mario-gonzalez"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Joshi, who became chief shortly after the incident, said he was confident in the justice system and pledged to fully cooperate with the process.\u003c/p>\n\u003cp>But he also noted that he had conducted his own “independent review” of the multiple previous investigations — including those done by the Alameda County Sheriff’s Office, the Coroner’s Bureau, and the city — and said he “concurred that Alameda police officers did not engage in any misconduct and I stand by that decision today.”\u003c/p>\n\u003cp>Alison Berry Wilkinson, an attorney who represented the three officers during the previous investigations, blasted the DA’s decision, calling it a blatant act of “political prosecution.”\u003c/p>\n\u003cp>“The District Attorney waited until the 11th hour before the statute of limitations was set to expire to bring these charges just days after it was confirmed she would face recall,” she said in an email statement. “There is no new evidence.”\u003c/p>\n\u003cp>Wilkinson defended the officers’ actions while taking Gonzalez into custody as “reasonable, necessary, and lawful” and attributed his death to “drug toxicity, not criminal misconduct.”\u003c/p>\n\u003cp>“We are confident a jury will see through this charade and exonerate the officers, just as the two prior independent investigations did,” she added.\u003c/p>\n\u003cp>But Oakland civil rights attorney Michael Haddad praised the DA’s decision to file charges.\u003c/p>\n\u003cp>“These charges are long overdue. They’re not excessive,” Haddad told KQED on Friday.\u003c/p>\n\u003cp>“They’re very appropriate and in fact obvious in this situation. I think that from our work in the civil case, we basically gave the district attorney this case tied up in a bow, just from the records we filed in open court,” he said. “And it’s really clear that a jury should decide whether these officers are criminally responsible.”\u003c/p>\n\u003cp>Gonzalez, a 26-year-old man from Oakland, was confronted by three police officers in a small Alameda park on the \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">morning of April 19, 2021\u003c/a>, after several neighbors called 911 reporting a man behaving erratically.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long police body camera video\u003c/a>, the interaction began calmly but quickly escalated after the officers made repeated, unsuccessful attempts to obtain Gonzalez’s full name and ID. They then grabbed him without ever accusing him of a crime or placing him under arrest. When Gonzalez resisted, the officers took him to the ground, pinning him on his stomach, with at least one of them pressing an elbow and knee into his back and shoulder as he struggled.\u003c/p>\n\u003cp>The officers continued to hold Gonzalez in a prone position, his hands restrained behind his back, for roughly five minutes, at which point he went limp and appeared to stop breathing.\u003c/p>\n\u003cp>After officers performed CPR and administered at least two doses of Narcan, a drug used to counteract opiate overdoses, paramedics rushed Gonzalez to Alameda Hospital, where he was pronounced dead.\u003c/p>\n\u003cp>The incident sparked fierce local protests.\u003c/p>\n\u003cp>The 2022 review of the case by then-DA Nancy O’Malley’s office found the officers acted reasonably out of concern that Gonzalez might pose a threat to them, himself and others. O’Malley’s office said the officers had tried to “deescalate” the situation by using “necessary” force but never struck Gonzalez or used any illicit chokeholds or weapons.\u003c/p>\n\u003cp>An autopsy \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/gonzalez-mario-coroners-investigation.pdf\">performed by the Alameda County coroner (PDF)\u003c/a>, and released nearly eight months after the incident, classified Gonzalez’s death as a homicide, but identified the “toxic effects of methamphetamine” as the leading cause of his fatal cardiac arrest. A \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Second-autopsy-finds-Mario-Gonzalez-died-of-17131892.php\">subsequent independent autopsy\u003c/a>, requested by attorneys representing Gonzalez’s family, classified the death as a homicide, attributing it to “restraint asphyxiation.”\u003c/p>\n\u003cp>Robert Weisberg, law professor and co-director of Stanford University’s Criminal Justice Center, told KQED on Friday it would be a potentially close case.\u003c/p>\n\u003cp>“These would be difficult jury questions,” Weisberg said. “First if the restraint even played a significant causal role in his death, and second of course whether the officers displayed gross negligence or recklessness in supplying that excessive pressure.”\u003c/p>\n\u003cp>“I can imagine a judge saying ‘Yes, I think there’s sufficient evidence,’ from which a jury could conclude that there’s a basis for an involuntary manslaughter charge. But it’s very tough to say whether a jury would come to that conclusion.”\u003c/p>\n\u003cp>Last December, the city of Alameda agreed \u003ca href=\"https://www.kqed.org/news/11970180/attorney-for-family-of-mario-gonzalez-calls-11-million-settlement-a-historic-amount\">to pay $11 million to Gonzalez’s 7-year-old son\u003c/a> and $350,000 to his mother to settle a civil rights suit.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Alex Emslie.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death","authors":["1263"],"categories":["news_8"],"tags":["news_23318","news_29448","news_17725","news_27626","news_29381"],"featImg":"news_11872820","label":"news"},"news_11983422":{"type":"posts","id":"news_11983422","meta":{"index":"posts_1591205157","site":"news","id":"11983422","score":null,"sort":[1713488713000]},"guestAuthors":[],"slug":"another-former-fci-dublin-officer-facing-criminal-charges-is-scheduled-for-trial","title":"Another Former FCI Dublin Officer Facing Criminal Charges Is Scheduled for Trial","publishDate":1713488713,"format":"standard","headTitle":"Another Former FCI Dublin Officer Facing Criminal Charges Is Scheduled for Trial | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Darrell Wayne Smith, a former FCI Dublin correctional officer, is going to trial. U.S. District Judge Yvonne Gonzalez Rogers set Smith’s trial for March 2025 during a Thursday court hearing.\u003c/p>\n\u003ch2>Who is Smith?\u003c/h2>\n\u003cp>Smith, who is known as “Dirty Dick Smith” according to court records, was arrested in Florida in May 2023 and charged with five counts of sexual abuse of a ward, six counts of abusive sexual contact and one count of aggravated sexual abuse. An indictment describes 12 incidents between May 2019 and May 2021, during which Smith allegedly had sexual contact with three women in his custody at FCI Dublin, according to prosecutors.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>What’s the latest with the prison closing?\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11983285/federal-bureau-of-prisons-challenges-judges-decision-to-delay-inmate-transfers-from-fci-dublin\">The federal Bureau of Prisons has pushed back on Gonzalez Rogers’ order\u003c/a> requiring that casework for each incarcerated woman at the facility be updated prior to their transfer, among other guidance issued by the court since BOP announced it was closing the prison on Monday.\u003c/p>\n\u003cp>“This updated casework is required, in part, to ensure inmates are transferred to the correct location,” Gonzalez Rogers’ order, issued within hours of the announcement, along with further details that remain under seal. “This includes whether an inmate should be released to a BOP facility, home confinement, or a halfway house, or granted a compassionate release.” The result of case reviews and transfer designations shall be reviewed by recently appointed special master Wendy Still prior to transfer, the order reads.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11983285,news_11979936,news_11980960\"]In a court briefing filed Tuesday, government attorneys wrote that the order, and Still’s interpretation of it, have significantly delayed the transfer of women to other facilities.\u003c/p>\n\u003cp>“The logistical details involved with the mass transfer of all [incarcerated people] at a particular facility cannot be changed on the fly,” the government’s brief reads. “Extensive resources and employee hours have already been invested in the move.”\u003c/p>\n\u003cp>Attorneys also challenged the judge’s authority to dictate when people in BOP custody can be moved. “It is beyond question that transfer of inmates falls within the exclusive authority of the BOP, and it is not subject to judicial review,” the brief reads.\u003c/p>\n\u003cp>Following two closed court hearings on Wednesday, Gonzalez Rogers issued another order on the transfers filed under seal. Attorneys representing incarcerated women in a class action lawsuit have not responded to requests for comment on the outcome of the hearings.\u003c/p>\n\u003cp>BOP director Colette S. Peters \u003ca href=\"https://www.kqed.org/news/11983151/infamous-womens-prison-plagued-by-sex-abuse-closes\">announced the closure on Monday\u003c/a>, saying that the prison is not meeting expected standards despite the agency providing tremendous resources to address the facility’s culture and employee misconduct. It’s unclear how many women have been transferred so far. BOP will not share the timing of transfers, citing “safety and security reasons.”\u003c/p>\n\u003ch2>How many officers have gone to prison?\u003c/h2>\n\u003cp>On March 28, former correctional officer \u003ca href=\"https://www.kqed.org/news/11980960/another-dublin-womens-prison-officer-sentenced-for-sexual-abuse\">Nakie Nunley became the seventh\u003c/a> former FCI Dublin employee to be sentenced. He was handed a six-year sentence for sexually abusing five incarcerated women at FCI Dublin. Gonzalez Rogers said Nunley had left a “wake of destruction.”\u003c/p>\n\u003cp>“You were cruel, you were perverse, you were predatory, and you exploited them,” she said. “A sentence has to reflect the reality of what you did. There are women you abused who have longer sentences than I will give you. One wonders if that is appropriate.”\u003c/p>\n\u003ch2>What else is happening?\u003c/h2>\n\u003cp>So far, \u003ca href=\"https://www.kqed.org/news/11978712/infamous-east-bay-womens-prison-hit-with-12-additional-sexual-assault-lawsuits\">over 50 lawsuits filed by more than 70 plaintiffs\u003c/a> allege sexual harassment, retaliation and other misconduct by correctional officers and staff at FCI Dublin. The lawsuits are stayed until July.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Former FCI Dublin correctional officer Darrell Wayne Smith is charged with five counts of sexual abuse of a ward, six counts of abusive sexual contact and one count of aggravated sexual abuse. ","status":"publish","parent":0,"modified":1713552993,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":622},"headData":{"title":"Another Former FCI Dublin Officer Facing Criminal Charges Is Scheduled for Trial | KQED","description":"Former FCI Dublin correctional officer Darrell Wayne Smith is charged with five counts of sexual abuse of a ward, six counts of abusive sexual contact and one count of aggravated sexual abuse. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Another Former FCI Dublin Officer Facing Criminal Charges Is Scheduled for Trial","datePublished":"2024-04-19T01:05:13.000Z","dateModified":"2024-04-19T18:56:33.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11983422/another-former-fci-dublin-officer-facing-criminal-charges-is-scheduled-for-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Darrell Wayne Smith, a former FCI Dublin correctional officer, is going to trial. U.S. District Judge Yvonne Gonzalez Rogers set Smith’s trial for March 2025 during a Thursday court hearing.\u003c/p>\n\u003ch2>Who is Smith?\u003c/h2>\n\u003cp>Smith, who is known as “Dirty Dick Smith” according to court records, was arrested in Florida in May 2023 and charged with five counts of sexual abuse of a ward, six counts of abusive sexual contact and one count of aggravated sexual abuse. An indictment describes 12 incidents between May 2019 and May 2021, during which Smith allegedly had sexual contact with three women in his custody at FCI Dublin, according to prosecutors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>What’s the latest with the prison closing?\u003c/h2>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11983285/federal-bureau-of-prisons-challenges-judges-decision-to-delay-inmate-transfers-from-fci-dublin\">The federal Bureau of Prisons has pushed back on Gonzalez Rogers’ order\u003c/a> requiring that casework for each incarcerated woman at the facility be updated prior to their transfer, among other guidance issued by the court since BOP announced it was closing the prison on Monday.\u003c/p>\n\u003cp>“This updated casework is required, in part, to ensure inmates are transferred to the correct location,” Gonzalez Rogers’ order, issued within hours of the announcement, along with further details that remain under seal. “This includes whether an inmate should be released to a BOP facility, home confinement, or a halfway house, or granted a compassionate release.” The result of case reviews and transfer designations shall be reviewed by recently appointed special master Wendy Still prior to transfer, the order reads.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11983285,news_11979936,news_11980960"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a court briefing filed Tuesday, government attorneys wrote that the order, and Still’s interpretation of it, have significantly delayed the transfer of women to other facilities.\u003c/p>\n\u003cp>“The logistical details involved with the mass transfer of all [incarcerated people] at a particular facility cannot be changed on the fly,” the government’s brief reads. “Extensive resources and employee hours have already been invested in the move.”\u003c/p>\n\u003cp>Attorneys also challenged the judge’s authority to dictate when people in BOP custody can be moved. “It is beyond question that transfer of inmates falls within the exclusive authority of the BOP, and it is not subject to judicial review,” the brief reads.\u003c/p>\n\u003cp>Following two closed court hearings on Wednesday, Gonzalez Rogers issued another order on the transfers filed under seal. Attorneys representing incarcerated women in a class action lawsuit have not responded to requests for comment on the outcome of the hearings.\u003c/p>\n\u003cp>BOP director Colette S. Peters \u003ca href=\"https://www.kqed.org/news/11983151/infamous-womens-prison-plagued-by-sex-abuse-closes\">announced the closure on Monday\u003c/a>, saying that the prison is not meeting expected standards despite the agency providing tremendous resources to address the facility’s culture and employee misconduct. It’s unclear how many women have been transferred so far. BOP will not share the timing of transfers, citing “safety and security reasons.”\u003c/p>\n\u003ch2>How many officers have gone to prison?\u003c/h2>\n\u003cp>On March 28, former correctional officer \u003ca href=\"https://www.kqed.org/news/11980960/another-dublin-womens-prison-officer-sentenced-for-sexual-abuse\">Nakie Nunley became the seventh\u003c/a> former FCI Dublin employee to be sentenced. He was handed a six-year sentence for sexually abusing five incarcerated women at FCI Dublin. Gonzalez Rogers said Nunley had left a “wake of destruction.”\u003c/p>\n\u003cp>“You were cruel, you were perverse, you were predatory, and you exploited them,” she said. “A sentence has to reflect the reality of what you did. There are women you abused who have longer sentences than I will give you. One wonders if that is appropriate.”\u003c/p>\n\u003ch2>What else is happening?\u003c/h2>\n\u003cp>So far, \u003ca href=\"https://www.kqed.org/news/11978712/infamous-east-bay-womens-prison-hit-with-12-additional-sexual-assault-lawsuits\">over 50 lawsuits filed by more than 70 plaintiffs\u003c/a> allege sexual harassment, retaliation and other misconduct by correctional officers and staff at FCI Dublin. The lawsuits are stayed until July.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983422/another-former-fci-dublin-officer-facing-criminal-charges-is-scheduled-for-trial","authors":["11490"],"categories":["news_8"],"tags":["news_33723","news_2700"],"featImg":"news_11983428","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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