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"content": "\u003cp>Children detained by immigration authorities have the right to a hearing before an immigration judge to consider their release, according to a federal appeals court in San Francisco.\u003c/p>\n\u003cp>The \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/05/17-55208.pdf\">ruling \u003c/a>Wednesday by the 9th U.S. Circuit Court of Appeals will allow thousands of children to petition a judge to be released while they await their day in immigration court, just as most adults in immigration custody can do.\u003c/p>\n\u003cp>\"It's important because we've seen children detained in excess of a year with no reason given for their detention,\" said Holly Cooper, an attorney for the plaintiffs and co-director of the Immigration Law Clinic at the UC Davis School of Law.\u003c/p>\n\u003cp>The appeals court found that a 1997 lawsuit settlement that set standards for immigration detention of minors is still in force -- including a provision that guarantees custody hearings -- in spite of two laws passed by Congress since then dealing with immigrant children who cross the border unaccompanied by a parent.\u003c/p>\n\u003caside class=\"pullquote alignright\">'In the absence of such hearings, these children are held in bureaucratic limbo, left to rely upon the agency's alleged benevolence and opaque decision making.'\u003ccite>Judge Stephen Reinhardt\u003c/cite>\u003c/aside>\n\u003cp>The \u003ca href=\"https://www.aclu.org/legal-document/flores-v-meese-stipulated-settlement-agreement-plus-extension-settlement\">settlement\u003c/a>, \u003cspan style=\"line-height: 1.5\">known today as Flores v. Sessions (the case was Fl\u003c/span>\u003cspan style=\"line-height: 1.5\">ores v. Reno back in 1997), favors family reunification and says children should be placed \"in the least restrictive setting appropriate to the minor’s age and special needs.\"\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A three-judge panel of the 9th Circuit rejected the federal government's argument that the more recent laws eliminated the right to a bond hearing under the Flores settlement because they didn't specifically mention such hearings.\u003c/p>\n\u003cp>\"Without such hearings, these children have no meaningful forum in which to challenge ORR’s decisions regarding their detention or even to discover why those decisions have been made,\" wrote Judge Stephen Reinhardt for the court. He was referring to the \u003ca href=\"https://www.acf.hhs.gov/orr/programs/ucs\" target=\"_blank\" rel=\"noopener noreferrer\">Office of Refugee Resettlement (ORR)\u003c/a>, the agency charged with the care and placement of unaccompanied minors in immigration proceedings.\u003c/p>\n\u003cp>Reinhardt went on: \"In the absence of such hearings, these children are held in bureaucratic limbo, left to rely upon the agency’s alleged benevolence and opaque decision making.\"\u003c/p>\n\u003cp>When adults in deportation proceedings are detained, they are held by Immigration and Customs Enforcement. But for the past 15 years, unaccompanied immigrant children are turned over to the ORR, which is part of the U.S. Health and Human Services agency. ORR officials have maintained that they alone have the authority to decide whether to release a child from custody.\u003c/p>\n\u003cp>Cooper said she and other advocates decided to challenge that in court because they felt that vulnerable children -- some as young as 8 years old -- were being denied their rights.\u003c/p>\n\u003cp>[contextly_sidebar id=\"enpTs1CeqR2jZSbdkLMOSUTXDRLdbEHw\"]\u003c/p>\n\u003cp>\"In every other detention context we could find, the individual was given an immediate right to a hearing on the legality and necessity of their detention -- whether at Guantanamo, or someone mentally ill or a child,\" she said. \"This is a modest win, because all we've done is bring the kids up to the level of rights of every other detainee. If we had lost, it would've been a very dire blow.\"\u003c/p>\n\u003cp>The decision upholds a January ruling by U.S. District Court Judge Dolly M. Gee, based in Los Angeles. The federal government could decide to appeal, requesting review by either the full 9th Circuit or the U.S. Supreme Court.\u003c/p>\n\u003cp>\"The Justice Department is reviewing the Court’s ruling and considering next steps in the litigation,\" said department spokeswoman Nicole Navas Oxman in an email.\u003c/p>\n\u003cp>The right to a bond hearing affords children the right to a lawyer, if they can find or pay for one (\u003ca href=\"http://trac.syr.edu/phptools/immigration/juvenile/\">fewer than half\u003c/a> of the kids in deportation proceedings have legal counsel). That's something kids in ORR custody have been denied, Cooper and other lawyers say.\u003c/p>\n\u003cp>With her students at the UC Davis Immigration Law Clinic, Cooper has represented several immigrant teenagers held at the Yolo County Juvenile Detention Facility. ORR has a contract with the county to detain up to 30 youths in the locked juvenile jail.\u003c/p>\n\u003cp>One such teenager, Pablo Aguilar, spent 2½ years in immigration custody. In 2014 Aguilar fled a gang in El Salvador that had kidnapped, and probably killed, his brother. He came to the United States to seek asylum and reunite with his mother, who lives in Los Angeles. But despite finding his mother to be a fit parent, \u003ca href=\"https://ww2.kqed.org/news/2016/04/11/hundreds-of-migrant-teens-are-being-held-indefinitely-in-locked-detention/\">ORR would not release Pablo\u003c/a> and would not explain why.\u003c/p>\n\u003cfigure id=\"attachment_11553693\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11553693\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/momAndPhoto-800x742-800x742.jpg\" alt=\"Evelyn Aguilar holds up a photo of herself visiting with her son, Pablo, when he was detained at a facility in Oregon in 2015. Her friend, Mario, is in the background.\" width=\"800\" height=\"742\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-160x148.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-240x223.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-375x348.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-520x482.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Pablo Aguilar's mother holds up a photo of herself visiting with Pablo when he was detained at a facility in Oregon in 2015. Her friend, Mario, is in the background. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"What will be nice about having a judge's review is that the government will have to come up with some kind of evidence,\" said Cooper. \"If we put forth evidence that he's a good kid and has a mom, ORR or ICE will have to come up with something that shows he's [a flight risk or a danger]. It will give a greater level of transparency.\"\u003c/p>\n\u003cp>Over the past five years, more than 200,000 migrant children traveling without their parents have been detained at the U.S.-Mexico border. Tens of thousands more have been picked up with a parent. Most are from El Salvador, Honduras and Guatemala, and many report fleeing violence, as criminal gangs there operate with impunity and governments struggle to respond.\u003c/p>\n\u003cp>The vast majority of children detained by immigration authorities spend a month or so in an ORR shelter and are then placed with a relative or another sponsor while their case works its way through immigration court. But hundreds are placed in locked group homes or juvenile jails, as Pablo Aguilar was, and can be held for months or even years.\u003c/p>\n\u003cp>The 9th Circuit noted that even if an immigration judge determines a child is eligible for release, ORR must still identify a safe and secure placement into which the child can be released.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\n",
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"excerpt": "Thousands of children in immigration custody may petition a judge for freedom under a ruling this week by the 9th U.S. Circuit Court of Appeals.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Children detained by immigration authorities have the right to a hearing before an immigration judge to consider their release, according to a federal appeals court in San Francisco.\u003c/p>\n\u003cp>The \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/05/17-55208.pdf\">ruling \u003c/a>Wednesday by the 9th U.S. Circuit Court of Appeals will allow thousands of children to petition a judge to be released while they await their day in immigration court, just as most adults in immigration custody can do.\u003c/p>\n\u003cp>\"It's important because we've seen children detained in excess of a year with no reason given for their detention,\" said Holly Cooper, an attorney for the plaintiffs and co-director of the Immigration Law Clinic at the UC Davis School of Law.\u003c/p>\n\u003cp>The appeals court found that a 1997 lawsuit settlement that set standards for immigration detention of minors is still in force -- including a provision that guarantees custody hearings -- in spite of two laws passed by Congress since then dealing with immigrant children who cross the border unaccompanied by a parent.\u003c/p>\n\u003caside class=\"pullquote alignright\">'In the absence of such hearings, these children are held in bureaucratic limbo, left to rely upon the agency's alleged benevolence and opaque decision making.'\u003ccite>Judge Stephen Reinhardt\u003c/cite>\u003c/aside>\n\u003cp>The \u003ca href=\"https://www.aclu.org/legal-document/flores-v-meese-stipulated-settlement-agreement-plus-extension-settlement\">settlement\u003c/a>, \u003cspan style=\"line-height: 1.5\">known today as Flores v. Sessions (the case was Fl\u003c/span>\u003cspan style=\"line-height: 1.5\">ores v. Reno back in 1997), favors family reunification and says children should be placed \"in the least restrictive setting appropriate to the minor’s age and special needs.\"\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A three-judge panel of the 9th Circuit rejected the federal government's argument that the more recent laws eliminated the right to a bond hearing under the Flores settlement because they didn't specifically mention such hearings.\u003c/p>\n\u003cp>\"Without such hearings, these children have no meaningful forum in which to challenge ORR’s decisions regarding their detention or even to discover why those decisions have been made,\" wrote Judge Stephen Reinhardt for the court. He was referring to the \u003ca href=\"https://www.acf.hhs.gov/orr/programs/ucs\" target=\"_blank\" rel=\"noopener noreferrer\">Office of Refugee Resettlement (ORR)\u003c/a>, the agency charged with the care and placement of unaccompanied minors in immigration proceedings.\u003c/p>\n\u003cp>Reinhardt went on: \"In the absence of such hearings, these children are held in bureaucratic limbo, left to rely upon the agency’s alleged benevolence and opaque decision making.\"\u003c/p>\n\u003cp>When adults in deportation proceedings are detained, they are held by Immigration and Customs Enforcement. But for the past 15 years, unaccompanied immigrant children are turned over to the ORR, which is part of the U.S. Health and Human Services agency. ORR officials have maintained that they alone have the authority to decide whether to release a child from custody.\u003c/p>\n\u003cp>Cooper said she and other advocates decided to challenge that in court because they felt that vulnerable children -- some as young as 8 years old -- were being denied their rights.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"In every other detention context we could find, the individual was given an immediate right to a hearing on the legality and necessity of their detention -- whether at Guantanamo, or someone mentally ill or a child,\" she said. \"This is a modest win, because all we've done is bring the kids up to the level of rights of every other detainee. If we had lost, it would've been a very dire blow.\"\u003c/p>\n\u003cp>The decision upholds a January ruling by U.S. District Court Judge Dolly M. Gee, based in Los Angeles. The federal government could decide to appeal, requesting review by either the full 9th Circuit or the U.S. Supreme Court.\u003c/p>\n\u003cp>\"The Justice Department is reviewing the Court’s ruling and considering next steps in the litigation,\" said department spokeswoman Nicole Navas Oxman in an email.\u003c/p>\n\u003cp>The right to a bond hearing affords children the right to a lawyer, if they can find or pay for one (\u003ca href=\"http://trac.syr.edu/phptools/immigration/juvenile/\">fewer than half\u003c/a> of the kids in deportation proceedings have legal counsel). That's something kids in ORR custody have been denied, Cooper and other lawyers say.\u003c/p>\n\u003cp>With her students at the UC Davis Immigration Law Clinic, Cooper has represented several immigrant teenagers held at the Yolo County Juvenile Detention Facility. ORR has a contract with the county to detain up to 30 youths in the locked juvenile jail.\u003c/p>\n\u003cp>One such teenager, Pablo Aguilar, spent 2½ years in immigration custody. In 2014 Aguilar fled a gang in El Salvador that had kidnapped, and probably killed, his brother. He came to the United States to seek asylum and reunite with his mother, who lives in Los Angeles. But despite finding his mother to be a fit parent, \u003ca href=\"https://ww2.kqed.org/news/2016/04/11/hundreds-of-migrant-teens-are-being-held-indefinitely-in-locked-detention/\">ORR would not release Pablo\u003c/a> and would not explain why.\u003c/p>\n\u003cfigure id=\"attachment_11553693\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11553693\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/momAndPhoto-800x742-800x742.jpg\" alt=\"Evelyn Aguilar holds up a photo of herself visiting with her son, Pablo, when he was detained at a facility in Oregon in 2015. Her friend, Mario, is in the background.\" width=\"800\" height=\"742\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-160x148.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-240x223.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-375x348.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/momAndPhoto-800x742-520x482.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Pablo Aguilar's mother holds up a photo of herself visiting with Pablo when he was detained at a facility in Oregon in 2015. Her friend, Mario, is in the background. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"What will be nice about having a judge's review is that the government will have to come up with some kind of evidence,\" said Cooper. \"If we put forth evidence that he's a good kid and has a mom, ORR or ICE will have to come up with something that shows he's [a flight risk or a danger]. It will give a greater level of transparency.\"\u003c/p>\n\u003cp>Over the past five years, more than 200,000 migrant children traveling without their parents have been detained at the U.S.-Mexico border. Tens of thousands more have been picked up with a parent. Most are from El Salvador, Honduras and Guatemala, and many report fleeing violence, as criminal gangs there operate with impunity and governments struggle to respond.\u003c/p>\n\u003cp>The vast majority of children detained by immigration authorities spend a month or so in an ORR shelter and are then placed with a relative or another sponsor while their case works its way through immigration court. But hundreds are placed in locked group homes or juvenile jails, as Pablo Aguilar was, and can be held for months or even years.\u003c/p>\n\u003cp>The 9th Circuit noted that even if an immigration judge determines a child is eligible for release, ORR must still identify a safe and secure placement into which the child can be released.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Cap-and-Trade Deal Could Woo GOP Support, Anger Environmentalists",
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"content": "\u003cp>\u003cem>Updated with statement from the Governor's Office. \u003c/em>\u003c/p>\n\u003cp>In recent months, Gov. Jerry Brown has made clear that an extension of the state's cap-and-trade program will need GOP support.\u003c/p>\n\u003cp>\"It's going to take some Republicans,\" he said at a California Chamber of Commerce breakfast last month.\u003c/p>\n\u003cp>He echoed the sentiment \u003ca href=\"https://ww2.kqed.org/news/2017/06/13/governor-brown-legislative-democrats-strike-state-budget-deal/\">weeks later\u003c/a> when he said Republicans were \"the key\" to extending the program (set to expire in 2020) that allows companies to buy and sell credits that allow them to pollute.\u003c/p>\n\u003cp>It now looks like Brown has gotten the Republican support he's been courting.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lawmakers, staff members and outside stakeholders with knowledge of the cap-and-trade negotiations said Thursday that current draft language is friendly enough to businesses that it could draw in large numbers of Republicans -- and alienate some environmentally friendly Democrats.\u003c/p>\n\u003cp>[contextly_sidebar id=\"mvIFehVYHhTtmMQh1MsLIThOWuV6v1VQ\"]\u003c/p>\n\u003cp>Sources close to the Assembly Republican leader said as many as 15 members of the caucus could support the current proposal. The GOP caucus has been engaged on cap-and-trade talks for months, even though Republicans at the national level largely oppose cap and trade.\u003c/p>\n\u003cp>Republicans in California say that a market-based approach to reducing emissions is \u003ca href=\"https://ww2.kqed.org/news/2017/05/25/state-democrats-have-new-leverage-in-effort-to-curb-greenhouse-gases/\" target=\"_blank\" rel=\"noopener noreferrer\">better than the alternative system\u003c/a> of mandates.\u003c/p>\n\u003cp>The latest version of the deal, according to sources with knowledge of the draft, has many provisions that are friendly to businesses that traditionally opposed emission regulations.\u003c/p>\n\u003cp>One proposal would continue the practice of giving some businesses free pollution allowances. Another would allow companies to carry the pollution credits purchased in auctions before 2020 into the post-2020 system. This would lower the incentive for industries to buy allowances in the future, when prices are expected to rise.\u003c/p>\n\u003cp>The provisions have raised red flags among environmentalists, who question whether the system would be tough enough on polluters to help California meet its goal of reducing greenhouse gas emissions 40 percent below 1990 levels by 2030.\u003c/p>\n\u003cp>Brown and legislative leaders from the Senate and Assembly held meetings during the Independence Day holiday in an attempt to reach agreement on an extension, and negotiations remain in flux.\u003c/p>\n\u003cp>\"The administration is working with everyone: legislators, environmental groups, utilities, industry, economists, agriculture and business organizations, the environmental justice community and many others,\" said Brown press secretary Evan Westrup in a statement. \"Our goal is to reach an agreement and that means facilitating the exchange of ideas and language.\"\u003c/p>\n\u003cfigure id=\"attachment_11552339\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11552339\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/GasFlaring-800x556.jpg\" alt=\"Gas flaring at a Conoco refinery.\" width=\"800\" height=\"556\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-800x556.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-1020x709.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-1180x820.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-960x668.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-240x167.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-375x261.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-520x362.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Gas flaring at a Conoco refinery. \u003ccite>(Craig Miller/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last month, a group of Assembly Democrats sent the governor \u003ca href=\"https://www.dropbox.com/s/z5xuo8qxljfytdc/Cap%20and%20Trade%20Letter%20061917.pdf?dl=0\" target=\"_blank\" rel=\"noopener noreferrer\">a letter\u003c/a> urging him to extend cap and trade \"in a manner that maintains environmental integrity.\"\u003c/p>\n\u003cp>This included an emphasis on reducing local pollutants in the air. That environmental justice priority was not included in the draft proposal, but could be worked out in a side bill.\u003c/p>\n\u003cp>One of the Democrats who signed the letter expressed dismay on Thursday at the victories that business-friendly groups were able to secure in negotiations. The draft exempts oil companies from any new state regulation outside of the cap-and-trade program.\u003c/p>\n\u003cp>\"You're giving them a gift,\" the lawmaker said.\u003c/p>\n\u003cp>Reaching a compromise this week would allow a vote on Monday, before Assemblyman Jimmy Gomez, a Los Angeles Democrat, moves to Congress and takes a potential \"yes\" vote with him.\u003c/p>\n\u003cp>Finalizing an extension before the next scheduled \u003ca href=\"https://www.arb.ca.gov/cc/capandtrade/auction/auction.htm\">allowance auction\u003c/a> in August could also spur demand among businesses to buy credits, especially if they will remain valid past 2020. Revenue from the program funds a number of state programs, including high-speed rail, energy efficiency projects for low-income Californians and affordable housing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A number of Democratic lawmakers said Thursday that they don't share that timeline, and instead hope to reach an agreement before a recess begins on Sept. 15\u003c/p>\n\n",
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"excerpt": "Draft language of a proposal to extend the state's cap-and-trade program shows provisions favored by businesses.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated with statement from the Governor's Office. \u003c/em>\u003c/p>\n\u003cp>In recent months, Gov. Jerry Brown has made clear that an extension of the state's cap-and-trade program will need GOP support.\u003c/p>\n\u003cp>\"It's going to take some Republicans,\" he said at a California Chamber of Commerce breakfast last month.\u003c/p>\n\u003cp>He echoed the sentiment \u003ca href=\"https://ww2.kqed.org/news/2017/06/13/governor-brown-legislative-democrats-strike-state-budget-deal/\">weeks later\u003c/a> when he said Republicans were \"the key\" to extending the program (set to expire in 2020) that allows companies to buy and sell credits that allow them to pollute.\u003c/p>\n\u003cp>It now looks like Brown has gotten the Republican support he's been courting.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lawmakers, staff members and outside stakeholders with knowledge of the cap-and-trade negotiations said Thursday that current draft language is friendly enough to businesses that it could draw in large numbers of Republicans -- and alienate some environmentally friendly Democrats.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Sources close to the Assembly Republican leader said as many as 15 members of the caucus could support the current proposal. The GOP caucus has been engaged on cap-and-trade talks for months, even though Republicans at the national level largely oppose cap and trade.\u003c/p>\n\u003cp>Republicans in California say that a market-based approach to reducing emissions is \u003ca href=\"https://ww2.kqed.org/news/2017/05/25/state-democrats-have-new-leverage-in-effort-to-curb-greenhouse-gases/\" target=\"_blank\" rel=\"noopener noreferrer\">better than the alternative system\u003c/a> of mandates.\u003c/p>\n\u003cp>The latest version of the deal, according to sources with knowledge of the draft, has many provisions that are friendly to businesses that traditionally opposed emission regulations.\u003c/p>\n\u003cp>One proposal would continue the practice of giving some businesses free pollution allowances. Another would allow companies to carry the pollution credits purchased in auctions before 2020 into the post-2020 system. This would lower the incentive for industries to buy allowances in the future, when prices are expected to rise.\u003c/p>\n\u003cp>The provisions have raised red flags among environmentalists, who question whether the system would be tough enough on polluters to help California meet its goal of reducing greenhouse gas emissions 40 percent below 1990 levels by 2030.\u003c/p>\n\u003cp>Brown and legislative leaders from the Senate and Assembly held meetings during the Independence Day holiday in an attempt to reach agreement on an extension, and negotiations remain in flux.\u003c/p>\n\u003cp>\"The administration is working with everyone: legislators, environmental groups, utilities, industry, economists, agriculture and business organizations, the environmental justice community and many others,\" said Brown press secretary Evan Westrup in a statement. \"Our goal is to reach an agreement and that means facilitating the exchange of ideas and language.\"\u003c/p>\n\u003cfigure id=\"attachment_11552339\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11552339\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/GasFlaring-800x556.jpg\" alt=\"Gas flaring at a Conoco refinery.\" width=\"800\" height=\"556\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-800x556.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-1020x709.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-1180x820.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-960x668.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-240x167.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-375x261.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/07/GasFlaring-520x362.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Gas flaring at a Conoco refinery. \u003ccite>(Craig Miller/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last month, a group of Assembly Democrats sent the governor \u003ca href=\"https://www.dropbox.com/s/z5xuo8qxljfytdc/Cap%20and%20Trade%20Letter%20061917.pdf?dl=0\" target=\"_blank\" rel=\"noopener noreferrer\">a letter\u003c/a> urging him to extend cap and trade \"in a manner that maintains environmental integrity.\"\u003c/p>\n\u003cp>This included an emphasis on reducing local pollutants in the air. That environmental justice priority was not included in the draft proposal, but could be worked out in a side bill.\u003c/p>\n\u003cp>One of the Democrats who signed the letter expressed dismay on Thursday at the victories that business-friendly groups were able to secure in negotiations. The draft exempts oil companies from any new state regulation outside of the cap-and-trade program.\u003c/p>\n\u003cp>\"You're giving them a gift,\" the lawmaker said.\u003c/p>\n\u003cp>Reaching a compromise this week would allow a vote on Monday, before Assemblyman Jimmy Gomez, a Los Angeles Democrat, moves to Congress and takes a potential \"yes\" vote with him.\u003c/p>\n\u003cp>Finalizing an extension before the next scheduled \u003ca href=\"https://www.arb.ca.gov/cc/capandtrade/auction/auction.htm\">allowance auction\u003c/a> in August could also spur demand among businesses to buy credits, especially if they will remain valid past 2020. Revenue from the program funds a number of state programs, including high-speed rail, energy efficiency projects for low-income Californians and affordable housing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A number of Democratic lawmakers said Thursday that they don't share that timeline, and instead hope to reach an agreement before a recess begins on Sept. 15\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Rare Gray Wolf Pups Born in California",
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"content": "\u003cp>A rare gray wolf couple new to California have mated, producing at least three pups this year, officials say, and establishing the second pack of the endangered species in the state.\u003c/p>\n\u003cp>State biologists made the discovery after capturing the female gray wolf in Lassen County in late June and fitting a tracking collar on her. They’d initially \u003ca href=\"https://ww2.kqed.org/news/2016/11/03/new-gray-wolf-couple-confirmed-living-in-california/\">spotted her and her mate\u003c/a> during the summer and fall of 2016, when remote trail cameras captured images of the pair traveling in the northeast part of the state, the California Department of Fish and Wildlife (CDFW) said.\u003c/p>\n\u003cp>There was no evidence the couple had produced pups at that time, but biologists doing a routine check on the female wolf in the field on July 1 found the \"very small tracks\" of what appeared to be wolf pups, Jordan Traverso, a CDFW spokeswoman, said Thursday. They then found that a nearby U.S. Forest Service trail camera had captured images of the pups playing close up.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"As it turns out they had been there -- right in front of the trail camera. It’s pretty fortuitous, and some of those pictures are absolutely just so cute of those pups,\" Traverso said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"Some of them are looking right at the camera,\" she added.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[gallery type=\"rectangular\" ids=\"11551854,11551852,11551855,11551850,11551851,11551853\"]\u003c/p>\n\u003cp>The pack is the second one detected in California since the extinction -- or extirpation -- of gray wolves statewide in the 1920s. The first confirmed breeding pair in California produced five pups in eastern Siskiyou County in 2015. They’re called the Shasta Pack and the second is the Lassen Pack.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"For a really long time, they’ve been extirpated, but there’s re-introductions that have happened in other states ... they had come back to Washington and Oregon and they disperse,\" Traverso said. \"We knew it was only a matter of time.\"\u003c/span>\u003c/p>\n\u003cp>Gray wolves are categorized as endangered by the state and at the federal level. They can't be hunted or killed under the state's protections.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"We were really excited that there is another established pack in California,\" Traverso said. \"We know it’s met with a lot of mixed emotions, based on the fact that there’s a lot of different uses of land up in the northern part of the state, including a lot of cattle ranchers. But it’s also a great ecological story that wolves are re-establishing after almost 100 years.\"\u003c/span>\u003c/p>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/tcr/2017/07/ShastaPackwolveshowlingNov2015CDFW.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/07/feature_cropped-1920x1061.jpg\" Title=\"LISTEN: Audio of Shasta Pack wolves howling in November 2015. Courtesy of CDFW\" program=\"The California Report\"]\u003c/p>\n\u003cp>The tracking collar was put on the Lassen Pack's 75-pound female wolf on June 30 after 12 days of trapping attempts. State biologists planned the capture operation after the U.S. Forest Service found evidence of a recent wolf presence in Lassen National Forest.\u003c/p>\n\u003cp>“The anesthesia and collaring process went smoothly and the wolf was in excellent condition,” CDFW’s senior wildlife veterinarian, Dr. Deana Clifford, said in a statement. “Furthermore, our physical examination indicated that she had given birth to pups this spring.”\u003c/p>\n\u003cp>The female wolf was lactating, and state biologists believe it's her first litter. It's unclear how old the pups are. \"She’s still nursing them. It’s really hard to assess,\" Traverso said.\u003c/p>\n\u003cp>While the female’s origins remain unknown, genetic samples obtained from scat indicate the male wolf originated from Oregon’s Rogue Pack. Traverso said he is the son of the famous wolf OR-7, the Rogue Pack’s breeding male -- who generated international interest when he became the first wild wolf in nearly a century to venture into Northern California.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/science/2014/07/25/californias-wandering-wolf-now-has-puppies-in-oregon/\">Photos taken in 2014\u003c/a>, also by remote camera, confirmed that OR-7 had at least three pups. Today, his son's pups are the equivalent of his grand-pups.\u003c/p>\n\u003cp>Biologists are hoping to learn a lot more about the Lassen Pack via the collar on the female -- the first gray wolf collared in California. The collar will collect data about her activity patterns, survival, reproduction and prey preferences. It may also help to minimize wolf-livestock conflicts by providing information about the pack’s location.\u003c/p>\n\u003cp>\"It’s going to help us learn and glean information that can help us with the conservation management plan, as far as how we can help protect livestock and also help the species grow in the state,\" Traverso said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>So far, biologists know that the Lassen Pack regularly crosses public and private lands. While most of the pack’s known activity to date has been in western Lassen County, some tracks also have been confirmed in Plumas County, the CDFW said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A rare gray wolf couple new to California have mated, producing at least three pups this year, officials say, and establishing the second pack of the endangered species in the state.\u003c/p>\n\u003cp>State biologists made the discovery after capturing the female gray wolf in Lassen County in late June and fitting a tracking collar on her. They’d initially \u003ca href=\"https://ww2.kqed.org/news/2016/11/03/new-gray-wolf-couple-confirmed-living-in-california/\">spotted her and her mate\u003c/a> during the summer and fall of 2016, when remote trail cameras captured images of the pair traveling in the northeast part of the state, the California Department of Fish and Wildlife (CDFW) said.\u003c/p>\n\u003cp>There was no evidence the couple had produced pups at that time, but biologists doing a routine check on the female wolf in the field on July 1 found the \"very small tracks\" of what appeared to be wolf pups, Jordan Traverso, a CDFW spokeswoman, said Thursday. They then found that a nearby U.S. Forest Service trail camera had captured images of the pups playing close up.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"As it turns out they had been there -- right in front of the trail camera. It’s pretty fortuitous, and some of those pictures are absolutely just so cute of those pups,\" Traverso said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"Some of them are looking right at the camera,\" she added.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The pack is the second one detected in California since the extinction -- or extirpation -- of gray wolves statewide in the 1920s. The first confirmed breeding pair in California produced five pups in eastern Siskiyou County in 2015. They’re called the Shasta Pack and the second is the Lassen Pack.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"For a really long time, they’ve been extirpated, but there’s re-introductions that have happened in other states ... they had come back to Washington and Oregon and they disperse,\" Traverso said. \"We knew it was only a matter of time.\"\u003c/span>\u003c/p>\n\u003cp>Gray wolves are categorized as endangered by the state and at the federal level. They can't be hunted or killed under the state's protections.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"We were really excited that there is another established pack in California,\" Traverso said. \"We know it’s met with a lot of mixed emotions, based on the fact that there’s a lot of different uses of land up in the northern part of the state, including a lot of cattle ranchers. But it’s also a great ecological story that wolves are re-establishing after almost 100 years.\"\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The tracking collar was put on the Lassen Pack's 75-pound female wolf on June 30 after 12 days of trapping attempts. State biologists planned the capture operation after the U.S. Forest Service found evidence of a recent wolf presence in Lassen National Forest.\u003c/p>\n\u003cp>“The anesthesia and collaring process went smoothly and the wolf was in excellent condition,” CDFW’s senior wildlife veterinarian, Dr. Deana Clifford, said in a statement. “Furthermore, our physical examination indicated that she had given birth to pups this spring.”\u003c/p>\n\u003cp>The female wolf was lactating, and state biologists believe it's her first litter. It's unclear how old the pups are. \"She’s still nursing them. It’s really hard to assess,\" Traverso said.\u003c/p>\n\u003cp>While the female’s origins remain unknown, genetic samples obtained from scat indicate the male wolf originated from Oregon’s Rogue Pack. Traverso said he is the son of the famous wolf OR-7, the Rogue Pack’s breeding male -- who generated international interest when he became the first wild wolf in nearly a century to venture into Northern California.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/science/2014/07/25/californias-wandering-wolf-now-has-puppies-in-oregon/\">Photos taken in 2014\u003c/a>, also by remote camera, confirmed that OR-7 had at least three pups. Today, his son's pups are the equivalent of his grand-pups.\u003c/p>\n\u003cp>Biologists are hoping to learn a lot more about the Lassen Pack via the collar on the female -- the first gray wolf collared in California. The collar will collect data about her activity patterns, survival, reproduction and prey preferences. It may also help to minimize wolf-livestock conflicts by providing information about the pack’s location.\u003c/p>\n\u003cp>\"It’s going to help us learn and glean information that can help us with the conservation management plan, as far as how we can help protect livestock and also help the species grow in the state,\" Traverso said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>So far, biologists know that the Lassen Pack regularly crosses public and private lands. While most of the pack’s known activity to date has been in western Lassen County, some tracks also have been confirmed in Plumas County, the CDFW said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Advocates Concerned About Chemical Drifts That Sickened Central Coast Farmworkers",
"title": "Advocates Concerned About Chemical Drifts That Sickened Central Coast Farmworkers",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Advocates for farmworkers on both coasts and labor experts are expressing concern about the \u003ca href=\"https://ww2.kqed.org/news/2017/06/30/chemicals-sicken-two-dozen-central-coast-farm-workers-in-one-week/\" target=\"_blank\" rel=\"noopener noreferrer\">two dozen agricultural employees\u003c/a> who were hospitalized last month in Salinas and Watsonville in a span of one week after fungicides and insecticides apparently drifted on to the fields where they were working.\u003c/p>\n\u003cp>Six raspberry pickers working near State Route 152 got sick and were rushed to Watsonville Community Hospital on June 29. A week earlier 18 celery workers were taken to the Salinas Valley Memorial Healthcare System's emergency room after some of them became ill.\u003c/p>\n\u003cp>Those cases came less than two months after more than 50 farmworkers were \u003ca href=\"http://www.kerngoldenempire.com/news/local-news/pesticide-drift-halts-harvest-southwest-of-bakersfield/707948015\" target=\"_blank\" rel=\"noopener noreferrer\">reportedly \u003c/a>exposed to a pesticide drift southwest of Bakersfield that made some of them sick.\u003c/p>\n\u003cp>\"Farmworkers in so many ways have become invisible. They put our food on the table, yet their well-being is often below the radar,\" said UC Berkeley professor Harley Shaiken, who specializes in labor issues. \"To have these kinds of incidents, where they are affected by potentially carcinogenic chemicals in the field, is disturbing.\"\u003c/p>\n\u003cp>More than 1,000 people in California were sickened by pesticide exposure in 2014, the most recent year for which the Department of Pesticide Regulation (CDPR) has such \u003ca href=\"http://www.cdpr.ca.gov/docs/whs/pisp/2014/2014total_illness_county.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">data\u003c/a>. That year there were 51 confirmed cases in Santa Cruz County and 39 in Monterey County.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>While it's not uncommon for individual agricultural employees to become ill from chemical exposure, the recent cases involving larger numbers of workers alarmed advocates.\u003c/p>\n\u003cp>\"Anytime a group of people are poisoned, that's a concern,\" said Margaret Reeves, senior scientist at the Oakland-based Pesticide Action Network.\u003c/p>\n\u003cp>The chemicals that may have gotten workers sick in the Watsonville case were Pristine Fungicide, Rally 40WSP, DiPel-DF and Widespread Max.\u003c/p>\n\u003cp>Some of those chemicals can interfere with reproductive and endocrine systems and can irritate skin and eyes, according to Reeves.\u003c/p>\n\u003cp>\"Pesticides travel far from where they're applied in concentrations that can cause people to get sick or even, over a long time, chronically ill permanently,\" said Mark Weller, co-director of Californians for Pesticide Reform. \"The same kind of thing could have happened near a school.\"\u003c/p>\n\u003cp>\"It's very sad,\" said Jeannie Economos, an activist at the Farmworker Association of Florida. \"Some of these pesticides can cause long-term health consequences.\"\u003c/p>\n\u003cp>The incidents in Watsonville and Salinas are under investigation by the agricultural commissioners in Santa Cruz and Monterey counties.\u003c/p>\n\u003cp>In California, the state's division of Occupational Safety and Health (Cal/OSHA) does not investigate incidents in which farmworkers get sick from chemical releases.\u003c/p>\n\u003cp>A spokesman for the Department of Pesticide Regulation emphasizes that it's protocol for county agricultural commissioners, not state regulators, to lead investigations into such cases.\u003c/p>\n\u003cp>In the Watsonville incident, Santa Cruz County agricultural commissioner Juan Hidalgo, who's leading that county's probe, is refusing to release the name of the company under investigation.\u003c/p>\n\u003cp>Hidalgo said Wednesday that his office is conducting interviews into the incident.\u003c/p>\n\u003cp>\"We hope to conclude interviews late next week, at which point I would be able to release the name of the operation under investigation,\" he said.\u003c/p>\n\u003cp>That lack of disclosure outraged activists and experts.\u003c/p>\n\u003cp>\"That is a key piece of information that one would expect to be able to have access to,\" said Reeves of the Pesticide Action Network.\u003c/p>\n\u003cp>\"I was surprised that an investigative agency was not providing the name of the firm,\" UC's Shaiken said. \"Transparency is essential in any investigation of this type. Knowing the identity of the company is important.\"\u003c/p>\n\u003cp>\"It shows that the growers are on the defensive,\" said Economos at the Farmworker Association of Florida.\u003c/p>\n\u003cp>In Monterey County the agricultural commissioner early on identified Tanimura & Antle as the company it's investigating in connection with the incident that hospitalized 18 celery workers on June 22.\u003c/p>\n\u003cp>A spokeswoman for the company said this week that the firm is eager to see the results of the investigation.\u003c/p>\n\u003cp>\"The health and safety of our workers is our primary concern,\" said Samantha Cabaluna.\u003c/p>\n\u003cp>She noted that while 18 workers were hospitalized, not all of them showed symptoms of exposure.\u003c/p>\n\u003cp>The California Farm Bureau Federation, an industry group that represents farmers and ranchers in almost every county of the state, says it supports \"prompt, consistent penalties for incidents in which pesticides are misused in ways that cause public or environmental injury,\" according to the organization's spokesman, Dave Kranz.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Our organization also supports continuing education of pest control advisers and applicators in the safe and effective use of pesticides. Applicators and field employees currently undergo training on an annual basis,\" Kranz said.\u003c/p>\n\n",
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"excerpt": "'To have these kinds of incidents where they are affected by potentially carcinogenic chemicals in the field is disturbing,' UC Berkeley professor Harley Shaiken said.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Advocates for farmworkers on both coasts and labor experts are expressing concern about the \u003ca href=\"https://ww2.kqed.org/news/2017/06/30/chemicals-sicken-two-dozen-central-coast-farm-workers-in-one-week/\" target=\"_blank\" rel=\"noopener noreferrer\">two dozen agricultural employees\u003c/a> who were hospitalized last month in Salinas and Watsonville in a span of one week after fungicides and insecticides apparently drifted on to the fields where they were working.\u003c/p>\n\u003cp>Six raspberry pickers working near State Route 152 got sick and were rushed to Watsonville Community Hospital on June 29. A week earlier 18 celery workers were taken to the Salinas Valley Memorial Healthcare System's emergency room after some of them became ill.\u003c/p>\n\u003cp>Those cases came less than two months after more than 50 farmworkers were \u003ca href=\"http://www.kerngoldenempire.com/news/local-news/pesticide-drift-halts-harvest-southwest-of-bakersfield/707948015\" target=\"_blank\" rel=\"noopener noreferrer\">reportedly \u003c/a>exposed to a pesticide drift southwest of Bakersfield that made some of them sick.\u003c/p>\n\u003cp>\"Farmworkers in so many ways have become invisible. They put our food on the table, yet their well-being is often below the radar,\" said UC Berkeley professor Harley Shaiken, who specializes in labor issues. \"To have these kinds of incidents, where they are affected by potentially carcinogenic chemicals in the field, is disturbing.\"\u003c/p>\n\u003cp>More than 1,000 people in California were sickened by pesticide exposure in 2014, the most recent year for which the Department of Pesticide Regulation (CDPR) has such \u003ca href=\"http://www.cdpr.ca.gov/docs/whs/pisp/2014/2014total_illness_county.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">data\u003c/a>. That year there were 51 confirmed cases in Santa Cruz County and 39 in Monterey County.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While it's not uncommon for individual agricultural employees to become ill from chemical exposure, the recent cases involving larger numbers of workers alarmed advocates.\u003c/p>\n\u003cp>\"Anytime a group of people are poisoned, that's a concern,\" said Margaret Reeves, senior scientist at the Oakland-based Pesticide Action Network.\u003c/p>\n\u003cp>The chemicals that may have gotten workers sick in the Watsonville case were Pristine Fungicide, Rally 40WSP, DiPel-DF and Widespread Max.\u003c/p>\n\u003cp>Some of those chemicals can interfere with reproductive and endocrine systems and can irritate skin and eyes, according to Reeves.\u003c/p>\n\u003cp>\"Pesticides travel far from where they're applied in concentrations that can cause people to get sick or even, over a long time, chronically ill permanently,\" said Mark Weller, co-director of Californians for Pesticide Reform. \"The same kind of thing could have happened near a school.\"\u003c/p>\n\u003cp>\"It's very sad,\" said Jeannie Economos, an activist at the Farmworker Association of Florida. \"Some of these pesticides can cause long-term health consequences.\"\u003c/p>\n\u003cp>The incidents in Watsonville and Salinas are under investigation by the agricultural commissioners in Santa Cruz and Monterey counties.\u003c/p>\n\u003cp>In California, the state's division of Occupational Safety and Health (Cal/OSHA) does not investigate incidents in which farmworkers get sick from chemical releases.\u003c/p>\n\u003cp>A spokesman for the Department of Pesticide Regulation emphasizes that it's protocol for county agricultural commissioners, not state regulators, to lead investigations into such cases.\u003c/p>\n\u003cp>In the Watsonville incident, Santa Cruz County agricultural commissioner Juan Hidalgo, who's leading that county's probe, is refusing to release the name of the company under investigation.\u003c/p>\n\u003cp>Hidalgo said Wednesday that his office is conducting interviews into the incident.\u003c/p>\n\u003cp>\"We hope to conclude interviews late next week, at which point I would be able to release the name of the operation under investigation,\" he said.\u003c/p>\n\u003cp>That lack of disclosure outraged activists and experts.\u003c/p>\n\u003cp>\"That is a key piece of information that one would expect to be able to have access to,\" said Reeves of the Pesticide Action Network.\u003c/p>\n\u003cp>\"I was surprised that an investigative agency was not providing the name of the firm,\" UC's Shaiken said. \"Transparency is essential in any investigation of this type. Knowing the identity of the company is important.\"\u003c/p>\n\u003cp>\"It shows that the growers are on the defensive,\" said Economos at the Farmworker Association of Florida.\u003c/p>\n\u003cp>In Monterey County the agricultural commissioner early on identified Tanimura & Antle as the company it's investigating in connection with the incident that hospitalized 18 celery workers on June 22.\u003c/p>\n\u003cp>A spokeswoman for the company said this week that the firm is eager to see the results of the investigation.\u003c/p>\n\u003cp>\"The health and safety of our workers is our primary concern,\" said Samantha Cabaluna.\u003c/p>\n\u003cp>She noted that while 18 workers were hospitalized, not all of them showed symptoms of exposure.\u003c/p>\n\u003cp>The California Farm Bureau Federation, an industry group that represents farmers and ranchers in almost every county of the state, says it supports \"prompt, consistent penalties for incidents in which pesticides are misused in ways that cause public or environmental injury,\" according to the organization's spokesman, Dave Kranz.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Our organization also supports continuing education of pest control advisers and applicators in the safe and effective use of pesticides. Applicators and field employees currently undergo training on an annual basis,\" Kranz said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>In a drastic push to reduce its operating costs within a saturated music streaming market, SoundCloud shuttered its San Francisco and London offices and laid off almost half of its workforce this week, according to a statement issued by SoundCloud CEO Alexander Ljung.\u003c/p>\n\u003cp>Of its 420 staff members, 173 SoundCloud employees were laid off Thursday — a company reduction of nearly 40 percent. The streaming service, which is headquartered in Berlin, will consolidate its remaining staffers within its Berlin and New York offices.\u003c/p>\n\u003cp>Founded in 2008, SoundCloud has since effectively transitioned from an independent, creator-driven service to a site fully backed by industry stakeholders. It signed licensing and investment deals with all three major labels, the latest of which was an agreement with Sony Music in March last year.\u003c/p>\n\u003cp>“By reducing our costs and continuing our revenue growth, we’re on our path to profitability and in control of SoundCloud’s independent future,” wrote Ljung in the statement.\u003c/p>\n\u003cp>The closures come after a report issued in January that detailed SoundCloud’s financial difficulties. Despite Ljung’s statement, which asserted that the company’s revenue doubled in the past year, a report filed by the music streaming service in January showed a loss of $54 million in 2015. The report also cautioned the possibility of SoundCloud running out of funds by the end of this year, though the company secured $70 million of debt funding in March.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>French streaming service Deezer is the latest company in the rumor mill for SoundCloud’s potential acquisition. Google, Twitter and most notably Spotify, SoundCloud’s largest competitor, have previously expressed interest in purchasing the beleaguered company. SoundCloud has yet to finalize a deal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Earlier this year, SoundCloud released a reworked version of its paid subscription service, SoundCloud Go, with tiered offerings that compete with sites like Pandora and Spotify.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a drastic push to reduce its operating costs within a saturated music streaming market, SoundCloud shuttered its San Francisco and London offices and laid off almost half of its workforce this week, according to a statement issued by SoundCloud CEO Alexander Ljung.\u003c/p>\n\u003cp>Of its 420 staff members, 173 SoundCloud employees were laid off Thursday — a company reduction of nearly 40 percent. The streaming service, which is headquartered in Berlin, will consolidate its remaining staffers within its Berlin and New York offices.\u003c/p>\n\u003cp>Founded in 2008, SoundCloud has since effectively transitioned from an independent, creator-driven service to a site fully backed by industry stakeholders. It signed licensing and investment deals with all three major labels, the latest of which was an agreement with Sony Music in March last year.\u003c/p>\n\u003cp>“By reducing our costs and continuing our revenue growth, we’re on our path to profitability and in control of SoundCloud’s independent future,” wrote Ljung in the statement.\u003c/p>\n\u003cp>The closures come after a report issued in January that detailed SoundCloud’s financial difficulties. Despite Ljung’s statement, which asserted that the company’s revenue doubled in the past year, a report filed by the music streaming service in January showed a loss of $54 million in 2015. The report also cautioned the possibility of SoundCloud running out of funds by the end of this year, though the company secured $70 million of debt funding in March.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>French streaming service Deezer is the latest company in the rumor mill for SoundCloud’s potential acquisition. Google, Twitter and most notably Spotify, SoundCloud’s largest competitor, have previously expressed interest in purchasing the beleaguered company. SoundCloud has yet to finalize a deal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Earlier this year, SoundCloud released a reworked version of its paid subscription service, SoundCloud Go, with tiered offerings that compete with sites like Pandora and Spotify.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Half of Nursing Homes Scrutinized on Safety Still Treacherous",
"title": "Half of Nursing Homes Scrutinized on Safety Still Treacherous",
"headTitle": "Kaiser Health News | State of Health | KQED News",
"content": "\u003cp>In 2012, Parkview Healthcare Center’s history of safety violations led California regulators to issue an ultimatum reserved for the most dangerous nursing homes.\u003c/p>\n\u003cp>The state’s public health department designated Parkview, a Bakersfield, Calif., nursing home, a “special focus facility,” requiring it to either fix lapses in care while under increased inspections or be stripped of federal funding by Medicare and Medicaid — a financial deprivation few homes can survive. After 15 months of scrutiny, the regulators deemed Parkview improved and released it from extra oversight.\u003c/p>\n\u003cp>But a few months later, Elaine Fisher, a 74-year-old who had lost the use of her legs after a stroke, slid out of her wheelchair at Parkview. Afterward, the nursing home promised to place a nonskid pad on her chair but did not, inspectors later found. Twice more, Fisher slipped from her wheelchair, fracturing her hip the final time.\u003c/p>\n\u003cp>The violation drew a $10,000 penalty for Parkview, one of 10 fines totaling $126,300 incurred by the nursing home since the special focus status was lifted in 2014.\u003c/p>\n\u003cp>While special focus status is one of the federal government’s strictest forms of oversight, nursing homes that were forced to undergo such scrutiny often slide back into providing dangerous care, according to a Kaiser Health News analysis of federal health inspection data. Of 528 nursing homes that graduated from special focus status before 2014 and are still operating, slightly more than half — 52 percent — have since harmed patients or put patients in serious jeopardy within the past three years.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>These nursing homes are in 46 states. Some gave patients the wrong medications, failed to protect them from violent or bullying residents and staff members, or neglected to tell families or physicians about injuries, inspection records show. Years after regulators conferred clean bills of health, levels of registered nurses tend to remain lower than at other facilities.\u003c/p>\n\u003cp>Yet, despite recurrences of patient harm, nursing homes are rarely denied Medicare and Medicaid reimbursement. Consequences can be dire for patients like Fisher.\u003c/p>\n\u003cp>“She used to go to bingo every day and she was very involved in the nursing home,” said her son-in-law, Eric Powers. He said that although Fisher moved to a different nursing home for better care, “after this whole thing, she has to be on painkillers. She’s mainly in her room all the time. It’s the saddest thing in the world.”\u003c/p>\n\u003cp>Parkview’s owner at the time of the violations, LifeHouse Health Services, did not respond to requests for comment. Dr. David Silver, who purchased Parkview last fall, said he had replaced top management and staff members who resisted a new approach.\u003c/p>\n\u003cp>“We were not happy with the level of patient care,” he said.\u003c/p>\n\u003cp>Regulators rarely return homes to the watch list, instead issuing fines for subsequent lapses. Some homes continue operating despite multiple penalties.\u003c/p>\n\u003cp>“When you’re looking at these large corporations, that’s just the cost of doing business,” said Neil Gehlawat, who is representing Fisher in her pending lawsuit against Parkview. “It doesn’t have the effect of changing behavior.”\u003c/p>\n\u003cp>\u003cstrong>‘Worst Of The Worst’\u003c/strong>\u003c/p>\n\u003cp>The Centers for Medicare & Medicaid Services, or CMS, sets the federal standards for nursing homes and determines whether they are in compliance, based on inspections performed primarily by state health departments. States license facilities and have the authority to revoke the licenses.\u003c/p>\n\u003cp>Special focus facility status is reserved for the poorest-performing facilities out of more than 15,000 skilled nursing homes. The federal government assigns each state a set number of slots, roughly based on the number of nursing homes. Then state health regulators pick which nursing homes to include.\u003c/p>\n\u003cp>More than 900 facilities have been placed on the watch list since 2005. But the number of nursing homes under special focus at any given time has dropped by nearly half since 2012, because of federal budget cuts negotiated by President Barack Obama and Congress. This year, the $2.6 million budget allows only 88 nursing homes to \u003ca href=\"https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-Letter-17-20.pdf\">receive the designation\u003c/a>, though regulators identified 435 as warranting scrutiny. California and Texas each has six slots, the most of any state. Twenty-nine states have just one.\u003c/p>\n\u003cp>Especially troubling is that more than a third of operating nursing facilities that graduated from the watch list before 2014 still hold the lowest possible Medicare rating for health and safety: one star of five, KHN’s analysis found.\u003c/p>\n\u003cp>“You have this recidivism of nursing homes that are special focus facilities,” said Richard Mollot, executive director of the Long Term Care Community Coalition, an advocacy group in Manhattan. “These are the worst of the worst and they’re back?”\u003c/p>\n\u003cp>CMS defended the program, saying that nursing homes on the watch list showed more improvement than did comparably struggling facilities not selected for enhanced supervision. “CMS continues to work to improve oversight to prevent any facility from regressing in performance,” the statement said.\u003c/p>\n\u003cfigure id=\"attachment_351140\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-351140\" src=\"https://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-800x533.jpg\" alt=\"Andrew Edwards is among the patients who were harmed by nursing homes that had earlier been given a clean bill of health by Medicare and health regulators.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-768x512.jpg 768w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-1180x786.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-520x346.jpg 520w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo.jpg 1540w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Andrew Edwards is among the patients who were harmed by nursing homes that had earlier been given a clean bill of health by Medicare and health regulators. \u003ccite>(Doug Kapustin/Kaiser Health News)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Short-Term Oversight\u003c/strong>\u003c/p>\n\u003cp>Special scrutiny was lifted for about one-fourth of the nursing homes in less than a year. Facilities need to pass only two consecutive inspections without major violations or substantiated complaints.\u003c/p>\n\u003cp>“The period of time is just not long enough for them to show that they can sustain improvement,” said Robyn Grant, director for public policy at the National Consumer Voice for Quality Long-Term Care in Washington. “There needs to be some significant changes in the program.”\u003c/p>\n\u003cp>In 2010, NMS Healthcare of Hagerstown, Md., left the watch list after 10 months.\u003c/p>\n\u003cp>Last year, Maryland’s attorney general \u003ca href=\"http://www.marylandattorneygeneral.gov/News%20Documents/State_v_NMS_Complaint.pdf\">sued the facility and its owner,\u003c/a> Neiswanger Management Services, \u003ca href=\"http://www.marylandattorneygeneral.gov/Press/2016/122116.pdf\">alleging that they evicted\u003c/a> frail, infirm and mentally disabled residents “with brutal indifference” when their health coverage ran out or the facility had the opportunity to get someone with better insurance.\u003c/p>\n\u003cp>Among those was Andrew Edwards, who was told by NMS that he was being discharged to an assisted-living center, according to the lawsuit. Instead, in January 2016, the staff sent him to a crowded, unlicensed Baltimore City row house where the owner confiscated his bank card and withdrew $966 over his objections, the lawsuit said. Although NMS said it had arranged for his outpatient kidney dialysis, “that was false,” Edwards said in an interview. He ended up in an emergency room after he missed his treatment.\u003c/p>\n\u003cp>NMS maintains it stopped referring patients to that owner when told of the conditions. This month, CMS expelled the Hagerstown nursing home from Medicare and Medicaid after citing it for more violations. The company is closing the facility. NMS, which still runs other homes in Maryland, has sued state regulators, claiming they are vindictively trying to drive the chain out of business.\u003c/p>\n\u003cp>\u003cstrong>Few Terminations\u003c/strong>\u003c/p>\n\u003cp>Some nursing homes on the watch list do maintain improvements. After Evergreen Nursing Home in southern Alabama was designated a special focus facility in 2005, the owners brought in new managers and added nursing supervisors, said Kimberly Bush, the facility’s administrator.\u003c/p>\n\u003cp>Medicare now rates Evergreen a five-star facility. “I’d like to say there’s some kind of magic recipe to this, but it’s just doing the job and holding people accountable,” Bush said.\u003c/p>\n\u003cp>But even prolonged supervision does not guarantee progress. Poplar Point Health and Rehabilitation in Memphis stayed on the watch list for 2½ years until 2009. A \u003ca href=\"https://www.justice.gov/opa/pr/united-states-files-false-claims-act-complaint-against-six-vanguard-nursing-facilities-and\">federal lawsuit brought last year\u003c/a> claims that Poplar and its owner, Vanguard Healthcare, regularly provided “nonexistent, grossly substandard, worthless care” as far back as 2010. Vanguard, now in bankruptcy court, declined to comment.\u003c/p>\n\u003cp>\u003cem>(Story continues below.)\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//datawrapper.dwcdn.net/Sfw8o/12/\" scrolling=\"yes\" frameborder=\"0\" allowtransparency=\"true\" allowfullscreen=\"allowfullscreen\" webkitallowfullscreen=\"webkitallowfullscreen\" mozallowfullscreen=\"mozallowfullscreen\" oallowfullscreen=\"oallowfullscreen\" msallowfullscreen=\"msallowfullscreen\" width=\"600\" height=\"600\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The ultimate enforcement threats are termination from Medicare and Medicaid or closure by state or federal authorities. But only 17 percent of former special focus facilities are no longer operating, and that can include ones that went out of business for unrelated reasons, KHN found.\u003c/p>\n\u003cp>State regulators are reluctant to close nursing homes because of the upheaval it causes patients and families. In some areas, there are no alternative facilities nearby, making termination even less appealing.\u003c/p>\n\u003cp>“At the end of the day, there are those centers that cannot be corrected, can’t fix themselves, and the best thing for the patients and the residents might be for them to move to another location,” said Lyn Bentley, an executive at the American Health Care Association, a nursing facility trade group. But, she said, “it’s always difficult to close someone’s home.”\u003c/p>\n\u003cp>\u003cstrong>Lack Of Nurses\u003c/strong>\u003c/p>\n\u003cp>Too few nurses, particularly registered nurses, provide care at some of the most troubled homes, KHN’s analysis shows. Registered nurse staffing was still 12 percent lower than at other facilities, even three years after the homes were released from the watch list.\u003c/p>\n\u003cp>In 2009, Pennsylvania health regulators released Golden LivingCenter-West Shore in Camp Hill after 17 months of supervision. The company said in a recent statement that when a home was put on that list, “we mobilize the resources necessary to help get that LivingCenter back into compliance.”\u003c/p>\n\u003cp>But data from Medicare’s Nursing Home Compare website show the facility has among the worst nurse-to-patient staffing ratios in the nation, with registered nurses devoting an average of 12 minutes for each patient daily. The state average is 58 minutes daily per patient.\u003c/p>\n\u003cp>Golden LivingCenter-West Shore was fined $59,150 in 2015 after being cited for, among other violations, allowing a resident’s feeding tube to become infested with maggots, records show. Also, Golden Living agreed to pay $750,000 to settle three cases involving patient injuries from falls that occurred after extra oversight ended, court records show.\u003c/p>\n\u003cp>Last year, Golden Living sold its Pennsylvania homes to Priority Healthcare Group.\u003c/p>\n\u003cp>Priority is following a common strategy for shedding an unwanted reputation: changing the facility’s name. In California, Parkview — where Fisher slipped out of her wheelchair — is being rebranded too, as Kingston Healthcare Center.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"http://www.kaiserhealthnews.org/\">Kaiser Health News\u003c/a> (KHN) is a national health policy news service. It is an editorially independent program of the \u003ca href=\"http://www.kff.org/\">Henry J. Kaiser Family Foundation\u003c/a>.\u003c/p>\n\n",
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"excerpt": "Nursing homes that have graduated from an unsafe status by Medicare and are still operating have harmed patients.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2012, Parkview Healthcare Center’s history of safety violations led California regulators to issue an ultimatum reserved for the most dangerous nursing homes.\u003c/p>\n\u003cp>The state’s public health department designated Parkview, a Bakersfield, Calif., nursing home, a “special focus facility,” requiring it to either fix lapses in care while under increased inspections or be stripped of federal funding by Medicare and Medicaid — a financial deprivation few homes can survive. After 15 months of scrutiny, the regulators deemed Parkview improved and released it from extra oversight.\u003c/p>\n\u003cp>But a few months later, Elaine Fisher, a 74-year-old who had lost the use of her legs after a stroke, slid out of her wheelchair at Parkview. Afterward, the nursing home promised to place a nonskid pad on her chair but did not, inspectors later found. Twice more, Fisher slipped from her wheelchair, fracturing her hip the final time.\u003c/p>\n\u003cp>The violation drew a $10,000 penalty for Parkview, one of 10 fines totaling $126,300 incurred by the nursing home since the special focus status was lifted in 2014.\u003c/p>\n\u003cp>While special focus status is one of the federal government’s strictest forms of oversight, nursing homes that were forced to undergo such scrutiny often slide back into providing dangerous care, according to a Kaiser Health News analysis of federal health inspection data. Of 528 nursing homes that graduated from special focus status before 2014 and are still operating, slightly more than half — 52 percent — have since harmed patients or put patients in serious jeopardy within the past three years.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>These nursing homes are in 46 states. Some gave patients the wrong medications, failed to protect them from violent or bullying residents and staff members, or neglected to tell families or physicians about injuries, inspection records show. Years after regulators conferred clean bills of health, levels of registered nurses tend to remain lower than at other facilities.\u003c/p>\n\u003cp>Yet, despite recurrences of patient harm, nursing homes are rarely denied Medicare and Medicaid reimbursement. Consequences can be dire for patients like Fisher.\u003c/p>\n\u003cp>“She used to go to bingo every day and she was very involved in the nursing home,” said her son-in-law, Eric Powers. He said that although Fisher moved to a different nursing home for better care, “after this whole thing, she has to be on painkillers. She’s mainly in her room all the time. It’s the saddest thing in the world.”\u003c/p>\n\u003cp>Parkview’s owner at the time of the violations, LifeHouse Health Services, did not respond to requests for comment. Dr. David Silver, who purchased Parkview last fall, said he had replaced top management and staff members who resisted a new approach.\u003c/p>\n\u003cp>“We were not happy with the level of patient care,” he said.\u003c/p>\n\u003cp>Regulators rarely return homes to the watch list, instead issuing fines for subsequent lapses. Some homes continue operating despite multiple penalties.\u003c/p>\n\u003cp>“When you’re looking at these large corporations, that’s just the cost of doing business,” said Neil Gehlawat, who is representing Fisher in her pending lawsuit against Parkview. “It doesn’t have the effect of changing behavior.”\u003c/p>\n\u003cp>\u003cstrong>‘Worst Of The Worst’\u003c/strong>\u003c/p>\n\u003cp>The Centers for Medicare & Medicaid Services, or CMS, sets the federal standards for nursing homes and determines whether they are in compliance, based on inspections performed primarily by state health departments. States license facilities and have the authority to revoke the licenses.\u003c/p>\n\u003cp>Special focus facility status is reserved for the poorest-performing facilities out of more than 15,000 skilled nursing homes. The federal government assigns each state a set number of slots, roughly based on the number of nursing homes. Then state health regulators pick which nursing homes to include.\u003c/p>\n\u003cp>More than 900 facilities have been placed on the watch list since 2005. But the number of nursing homes under special focus at any given time has dropped by nearly half since 2012, because of federal budget cuts negotiated by President Barack Obama and Congress. This year, the $2.6 million budget allows only 88 nursing homes to \u003ca href=\"https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-Letter-17-20.pdf\">receive the designation\u003c/a>, though regulators identified 435 as warranting scrutiny. California and Texas each has six slots, the most of any state. Twenty-nine states have just one.\u003c/p>\n\u003cp>Especially troubling is that more than a third of operating nursing facilities that graduated from the watch list before 2014 still hold the lowest possible Medicare rating for health and safety: one star of five, KHN’s analysis found.\u003c/p>\n\u003cp>“You have this recidivism of nursing homes that are special focus facilities,” said Richard Mollot, executive director of the Long Term Care Community Coalition, an advocacy group in Manhattan. “These are the worst of the worst and they’re back?”\u003c/p>\n\u003cp>CMS defended the program, saying that nursing homes on the watch list showed more improvement than did comparably struggling facilities not selected for enhanced supervision. “CMS continues to work to improve oversight to prevent any facility from regressing in performance,” the statement said.\u003c/p>\n\u003cfigure id=\"attachment_351140\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-351140\" src=\"https://ww2.kqed.org/stateofhealth/wp-content/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-800x533.jpg\" alt=\"Andrew Edwards is among the patients who were harmed by nursing homes that had earlier been given a clean bill of health by Medicare and health regulators.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-768x512.jpg 768w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-1180x786.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo-520x346.jpg 520w, https://ww2.kqed.org/app/uploads/sites/27/2017/07/20nursinghomes3-superjumbo.jpg 1540w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Andrew Edwards is among the patients who were harmed by nursing homes that had earlier been given a clean bill of health by Medicare and health regulators. \u003ccite>(Doug Kapustin/Kaiser Health News)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>Short-Term Oversight\u003c/strong>\u003c/p>\n\u003cp>Special scrutiny was lifted for about one-fourth of the nursing homes in less than a year. Facilities need to pass only two consecutive inspections without major violations or substantiated complaints.\u003c/p>\n\u003cp>“The period of time is just not long enough for them to show that they can sustain improvement,” said Robyn Grant, director for public policy at the National Consumer Voice for Quality Long-Term Care in Washington. “There needs to be some significant changes in the program.”\u003c/p>\n\u003cp>In 2010, NMS Healthcare of Hagerstown, Md., left the watch list after 10 months.\u003c/p>\n\u003cp>Last year, Maryland’s attorney general \u003ca href=\"http://www.marylandattorneygeneral.gov/News%20Documents/State_v_NMS_Complaint.pdf\">sued the facility and its owner,\u003c/a> Neiswanger Management Services, \u003ca href=\"http://www.marylandattorneygeneral.gov/Press/2016/122116.pdf\">alleging that they evicted\u003c/a> frail, infirm and mentally disabled residents “with brutal indifference” when their health coverage ran out or the facility had the opportunity to get someone with better insurance.\u003c/p>\n\u003cp>Among those was Andrew Edwards, who was told by NMS that he was being discharged to an assisted-living center, according to the lawsuit. Instead, in January 2016, the staff sent him to a crowded, unlicensed Baltimore City row house where the owner confiscated his bank card and withdrew $966 over his objections, the lawsuit said. Although NMS said it had arranged for his outpatient kidney dialysis, “that was false,” Edwards said in an interview. He ended up in an emergency room after he missed his treatment.\u003c/p>\n\u003cp>NMS maintains it stopped referring patients to that owner when told of the conditions. This month, CMS expelled the Hagerstown nursing home from Medicare and Medicaid after citing it for more violations. The company is closing the facility. NMS, which still runs other homes in Maryland, has sued state regulators, claiming they are vindictively trying to drive the chain out of business.\u003c/p>\n\u003cp>\u003cstrong>Few Terminations\u003c/strong>\u003c/p>\n\u003cp>Some nursing homes on the watch list do maintain improvements. After Evergreen Nursing Home in southern Alabama was designated a special focus facility in 2005, the owners brought in new managers and added nursing supervisors, said Kimberly Bush, the facility’s administrator.\u003c/p>\n\u003cp>Medicare now rates Evergreen a five-star facility. “I’d like to say there’s some kind of magic recipe to this, but it’s just doing the job and holding people accountable,” Bush said.\u003c/p>\n\u003cp>But even prolonged supervision does not guarantee progress. Poplar Point Health and Rehabilitation in Memphis stayed on the watch list for 2½ years until 2009. A \u003ca href=\"https://www.justice.gov/opa/pr/united-states-files-false-claims-act-complaint-against-six-vanguard-nursing-facilities-and\">federal lawsuit brought last year\u003c/a> claims that Poplar and its owner, Vanguard Healthcare, regularly provided “nonexistent, grossly substandard, worthless care” as far back as 2010. Vanguard, now in bankruptcy court, declined to comment.\u003c/p>\n\u003cp>\u003cem>(Story continues below.)\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//datawrapper.dwcdn.net/Sfw8o/12/\" scrolling=\"yes\" frameborder=\"0\" allowtransparency=\"true\" allowfullscreen=\"allowfullscreen\" webkitallowfullscreen=\"webkitallowfullscreen\" mozallowfullscreen=\"mozallowfullscreen\" oallowfullscreen=\"oallowfullscreen\" msallowfullscreen=\"msallowfullscreen\" width=\"600\" height=\"600\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The ultimate enforcement threats are termination from Medicare and Medicaid or closure by state or federal authorities. But only 17 percent of former special focus facilities are no longer operating, and that can include ones that went out of business for unrelated reasons, KHN found.\u003c/p>\n\u003cp>State regulators are reluctant to close nursing homes because of the upheaval it causes patients and families. In some areas, there are no alternative facilities nearby, making termination even less appealing.\u003c/p>\n\u003cp>“At the end of the day, there are those centers that cannot be corrected, can’t fix themselves, and the best thing for the patients and the residents might be for them to move to another location,” said Lyn Bentley, an executive at the American Health Care Association, a nursing facility trade group. But, she said, “it’s always difficult to close someone’s home.”\u003c/p>\n\u003cp>\u003cstrong>Lack Of Nurses\u003c/strong>\u003c/p>\n\u003cp>Too few nurses, particularly registered nurses, provide care at some of the most troubled homes, KHN’s analysis shows. Registered nurse staffing was still 12 percent lower than at other facilities, even three years after the homes were released from the watch list.\u003c/p>\n\u003cp>In 2009, Pennsylvania health regulators released Golden LivingCenter-West Shore in Camp Hill after 17 months of supervision. The company said in a recent statement that when a home was put on that list, “we mobilize the resources necessary to help get that LivingCenter back into compliance.”\u003c/p>\n\u003cp>But data from Medicare’s Nursing Home Compare website show the facility has among the worst nurse-to-patient staffing ratios in the nation, with registered nurses devoting an average of 12 minutes for each patient daily. The state average is 58 minutes daily per patient.\u003c/p>\n\u003cp>Golden LivingCenter-West Shore was fined $59,150 in 2015 after being cited for, among other violations, allowing a resident’s feeding tube to become infested with maggots, records show. Also, Golden Living agreed to pay $750,000 to settle three cases involving patient injuries from falls that occurred after extra oversight ended, court records show.\u003c/p>\n\u003cp>Last year, Golden Living sold its Pennsylvania homes to Priority Healthcare Group.\u003c/p>\n\u003cp>Priority is following a common strategy for shedding an unwanted reputation: changing the facility’s name. In California, Parkview — where Fisher slipped out of her wheelchair — is being rebranded too, as Kingston Healthcare Center.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "California's Top Cop: Trump Decision Could Rip Off Students",
"title": "California's Top Cop: Trump Decision Could Rip Off Students",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>California Attorney General Xavier Becerra joined 17 other attorneys general Thursday, suing Education Secretary Betsy DeVos and her department over her decision to delay regulations cracking down on for-profit colleges that mislead students.\u003c/p>\n\u003cp>The Obama-era regulations were supposed to take effect July 1. They would have allowed loan forgiveness in cases of misconduct by schools and made it easier for states to punish bad actors.\u003c/p>\n\u003cp>\"Whether it’s Corinthian Colleges or Trump University, no student deserves to have their parents' -- or their own -- hard-earned money fraudulently taken away from them with nothing in return,\" Becerra said in an interview with KQED News.\u003c/p>\n\u003cp>The attorney general is referring to President Trump's now-defunct real estate training program and Corinthian Colleges, which shut down and eventually filed for bankruptcy after Becerra's predecessor sued over its predatory practices. Then-Attorney General Kamala Harris -- now a U.S. senator -- secured a $1 billion judgment against Corinthian Colleges on behalf of students. Then-President-elect Trump also settled three lawsuits alleging fraud and illegal business practices last year.\u003c/p>\n\u003cp>\"These regulations do, for America's parents and kids going to college, what we simply expect to happen anyhow -- which is that our students get educated, not ripped off, when they go to a college,\" Becerra said. \"The regulations were the product of these cases against sham universities like Corinthians, and essentially try to provide these protections to avoid this sort of defrauding from occurring in the future.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Becerra said the Trump administration is \"not above the law.\"\u003c/p>\n\u003cp>\"When you’ve completed a process for enacting a law or regulation, then it must be implemented and obeyed,\" he said. \"The Trump administration ... doesn't have a right to selectively decide which laws and regulations it will execute and which it will abandon.\"\u003c/p>\n\u003cp>The suit -- brought by California, 17 other states and the District of Columbia -- accuses DeVos of breaking federal law and giving free rein to for-profit colleges by rescinding the Borrower Defense Rule.\u003c/p>\n\u003cp>The suit asks a U.S. District Court to declare the Education Department's delay of the rule unlawful and to order the agency to implement it. The states say they have pursued \"numerous costly and time-intensive investigations and enforcement actions against proprietary and for-profit schools\" that violated consumer protection laws.\u003c/p>\n\u003cp>The Borrower Defense Rule was adopted by the Obama administration last November and had been set to take effect this month. It was created to make it \"simpler for students at colleges found to be fraudulent to get their loans forgiven,\" as \u003ca href=\"http://www.npr.org/sections/ed/2017/06/17/531930366/devos-rolls-back-for-profit-college-regs-harvards-president-to-step-down\">NPR's Ed team\u003c/a> has reported.\u003c/p>\n\u003cp>Large amounts of money are potentially at stake. As the states' complaint notes, \"taxpayers invested $32 billion in for-profit schools in the 2009-10 academic year, more than the annual budget of the U.S. Department of Justice and the U.S. Department of State during that time period.\"\u003c/p>\n\u003cp>The rule was put on hold in June, less than one month after DeVos said her agency would re-evaluate it. The states say DeVos moved too quickly to quash the rule and did so without public comment, particularly compared with the rule's genesis in public hearings that began in September 2015.\u003c/p>\n\u003cp>DeVos called her move \u003ca href=\"https://www.ed.gov/news/press-releases/secretary-devos-announces-regulatory-reset-protect-students-taxpayers-higher-ed-institutions\">a \"regulatory reset\"\u003c/a> when she announced that the Department of Education would convene new public hearings on the rule that are scheduled to be held next week. The secretary said the rulemaking process had \"missed an opportunity to get it right\" and created \"a muddled process.\"\u003c/p>\n\u003cp>The states in the new federal complaint disagree, saying that DeVos is trying to use a lawsuit filed by the California Association of Private Postsecondary Schools, a trade organization, as \"a pretext\" to avoid legal requirements for a federal notice and comment period.\u003c/p>\n\u003cp>\"Since Day 1, Secretary DeVos has sided with for-profit school executives against students and families drowning in unaffordable student loans,\" Massachusetts Attorney General Maura Healey said in a news release about Thursday's court filing. \"Her decision to cancel vital protections for students and taxpayers is a betrayal of her office's responsibility and a violation of federal law. We call on Secretary DeVos and the U.S. Department of Education to restore these rules immediately.\"\u003c/p>\n\u003cp>The Borrower Defense Rule was negotiated after two large for-profit chains — \u003ca href=\"http://www.npr.org/sections/ed/2015/04/27/402560783/the-largest-for-profit-college-shutdown-in-history\">Corinthian Colleges\u003c/a> and the \u003ca href=\"http://www.npr.org/sections/ed/2016/12/07/502601724/what-former-employees-say-itt-tech-did-to-scam-its-students\">ITT Technical Institute\u003c/a> — shut down hundreds of campuses following regulatory crackdowns in recent years. The rule would allow borrowers to have their loans forgiven if a state has successfully taken action against a for-profit school.\u003c/p>\n\u003cp>[contextly_sidebar id=\"4PE0wrN7qiOZTvodokLqBeHhQisQXPqf\"]\u003c/p>\n\u003cp>\"Nearly 16,000 borrower defense claims are currently being processed,\" the Education Department said last month. Despite the postponement, DeVos said, \"promises made to students under the current rule will be promises kept.\" She added, \"Some borrowers should expect to obtain discharges within the next several weeks.\"\u003c/p>\n\u003cp>In addition to providing relief for students, the rule would also empower the Department of Education to seek money from schools where loans were forgiven.\u003c/p>\n\u003cp>\"For-profit schools receive the vast majority of their revenue from the federal government in the form of federal student loans and grants,\" the civil complaint notes. \"In 2009, the 15 publicly traded for-profit education companies received 86 percent of their revenues from taxpayer-funded loans.\"\u003c/p>\n\u003cp>The attorneys general who filed the lawsuit are from California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.\u003c/p>\n\u003cp>\"These rules served as critical protections against predatory for-profit schools that exploit hard-working students — students who are simply trying to invest in their own education and future,\" said New York Attorney General Eric Schneiderman. \"When Washington abdicates its responsibility to protect New Yorkers, we won't hesitate to step in.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting by KQED's Marisa Lagos.\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=18+States+Sue+Betsy+DeVos+And+Education+Dept.+Over+Delay+Of+Borrower+Defense+Rule&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Xavier Becerra joined 17 other attorneys general Thursday, suing Education Secretary Betsy DeVos and her department over her decision to delay regulations cracking down on for-profit colleges that mislead students.\u003c/p>\n\u003cp>The Obama-era regulations were supposed to take effect July 1. They would have allowed loan forgiveness in cases of misconduct by schools and made it easier for states to punish bad actors.\u003c/p>\n\u003cp>\"Whether it’s Corinthian Colleges or Trump University, no student deserves to have their parents' -- or their own -- hard-earned money fraudulently taken away from them with nothing in return,\" Becerra said in an interview with KQED News.\u003c/p>\n\u003cp>The attorney general is referring to President Trump's now-defunct real estate training program and Corinthian Colleges, which shut down and eventually filed for bankruptcy after Becerra's predecessor sued over its predatory practices. Then-Attorney General Kamala Harris -- now a U.S. senator -- secured a $1 billion judgment against Corinthian Colleges on behalf of students. Then-President-elect Trump also settled three lawsuits alleging fraud and illegal business practices last year.\u003c/p>\n\u003cp>\"These regulations do, for America's parents and kids going to college, what we simply expect to happen anyhow -- which is that our students get educated, not ripped off, when they go to a college,\" Becerra said. \"The regulations were the product of these cases against sham universities like Corinthians, and essentially try to provide these protections to avoid this sort of defrauding from occurring in the future.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Becerra said the Trump administration is \"not above the law.\"\u003c/p>\n\u003cp>\"When you’ve completed a process for enacting a law or regulation, then it must be implemented and obeyed,\" he said. \"The Trump administration ... doesn't have a right to selectively decide which laws and regulations it will execute and which it will abandon.\"\u003c/p>\n\u003cp>The suit -- brought by California, 17 other states and the District of Columbia -- accuses DeVos of breaking federal law and giving free rein to for-profit colleges by rescinding the Borrower Defense Rule.\u003c/p>\n\u003cp>The suit asks a U.S. District Court to declare the Education Department's delay of the rule unlawful and to order the agency to implement it. The states say they have pursued \"numerous costly and time-intensive investigations and enforcement actions against proprietary and for-profit schools\" that violated consumer protection laws.\u003c/p>\n\u003cp>The Borrower Defense Rule was adopted by the Obama administration last November and had been set to take effect this month. It was created to make it \"simpler for students at colleges found to be fraudulent to get their loans forgiven,\" as \u003ca href=\"http://www.npr.org/sections/ed/2017/06/17/531930366/devos-rolls-back-for-profit-college-regs-harvards-president-to-step-down\">NPR's Ed team\u003c/a> has reported.\u003c/p>\n\u003cp>Large amounts of money are potentially at stake. As the states' complaint notes, \"taxpayers invested $32 billion in for-profit schools in the 2009-10 academic year, more than the annual budget of the U.S. Department of Justice and the U.S. Department of State during that time period.\"\u003c/p>\n\u003cp>The rule was put on hold in June, less than one month after DeVos said her agency would re-evaluate it. The states say DeVos moved too quickly to quash the rule and did so without public comment, particularly compared with the rule's genesis in public hearings that began in September 2015.\u003c/p>\n\u003cp>DeVos called her move \u003ca href=\"https://www.ed.gov/news/press-releases/secretary-devos-announces-regulatory-reset-protect-students-taxpayers-higher-ed-institutions\">a \"regulatory reset\"\u003c/a> when she announced that the Department of Education would convene new public hearings on the rule that are scheduled to be held next week. The secretary said the rulemaking process had \"missed an opportunity to get it right\" and created \"a muddled process.\"\u003c/p>\n\u003cp>The states in the new federal complaint disagree, saying that DeVos is trying to use a lawsuit filed by the California Association of Private Postsecondary Schools, a trade organization, as \"a pretext\" to avoid legal requirements for a federal notice and comment period.\u003c/p>\n\u003cp>\"Since Day 1, Secretary DeVos has sided with for-profit school executives against students and families drowning in unaffordable student loans,\" Massachusetts Attorney General Maura Healey said in a news release about Thursday's court filing. \"Her decision to cancel vital protections for students and taxpayers is a betrayal of her office's responsibility and a violation of federal law. We call on Secretary DeVos and the U.S. Department of Education to restore these rules immediately.\"\u003c/p>\n\u003cp>The Borrower Defense Rule was negotiated after two large for-profit chains — \u003ca href=\"http://www.npr.org/sections/ed/2015/04/27/402560783/the-largest-for-profit-college-shutdown-in-history\">Corinthian Colleges\u003c/a> and the \u003ca href=\"http://www.npr.org/sections/ed/2016/12/07/502601724/what-former-employees-say-itt-tech-did-to-scam-its-students\">ITT Technical Institute\u003c/a> — shut down hundreds of campuses following regulatory crackdowns in recent years. The rule would allow borrowers to have their loans forgiven if a state has successfully taken action against a for-profit school.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"Nearly 16,000 borrower defense claims are currently being processed,\" the Education Department said last month. Despite the postponement, DeVos said, \"promises made to students under the current rule will be promises kept.\" She added, \"Some borrowers should expect to obtain discharges within the next several weeks.\"\u003c/p>\n\u003cp>In addition to providing relief for students, the rule would also empower the Department of Education to seek money from schools where loans were forgiven.\u003c/p>\n\u003cp>\"For-profit schools receive the vast majority of their revenue from the federal government in the form of federal student loans and grants,\" the civil complaint notes. \"In 2009, the 15 publicly traded for-profit education companies received 86 percent of their revenues from taxpayer-funded loans.\"\u003c/p>\n\u003cp>The attorneys general who filed the lawsuit are from California, Connecticut, Delaware, Hawaii, Iowa, Illinois, Maryland, Massachusetts, Minnesota, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.\u003c/p>\n\u003cp>\"These rules served as critical protections against predatory for-profit schools that exploit hard-working students — students who are simply trying to invest in their own education and future,\" said New York Attorney General Eric Schneiderman. \"When Washington abdicates its responsibility to protect New Yorkers, we won't hesitate to step in.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This post includes reporting by KQED's Marisa Lagos.\u003c/em>\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=18+States+Sue+Betsy+DeVos+And+Education+Dept.+Over+Delay+Of+Borrower+Defense+Rule&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Oakland Police Sexual Exploitation Case at Center of Looming Legal Showdown",
"title": "Oakland Police Sexual Exploitation Case at Center of Looming Legal Showdown",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>Lawyers involved in federal court oversight of the Oakland Police Department are calling for a detailed accounting of failures and disciplinary action taken against officers and supervisors tasked with investigating a \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener noreferrer\">police sexual exploitation\u003c/a> case that has rocked the department for over a year.\u003c/p>\n\u003cp>If the city fails to comply with that and other reforms in a long-standing negotiated settlement agreement, the court should consider holding officials in contempt, civil rights attorneys John Burris and Jim Chanin wrote in a \u003ca href=\"#filing\">joint filing\u003c/a> that stakes out opposing stances on the status of court-ordered reforms and Oakland's ability to maintain them if the now 14 years of court oversight were to ever end.\u003c/p>\n\u003cp>\"The contempt process has the advantage of punishing the actual party causing the problem, rather than punishing others who are associated with him/them through no fault of their own,\" the attorneys' statement says. \"It is time that officials of the City of Oakland took responsibility for the completion of the Negotiated Settlement Agreement and are held accountable for their failure to comply with an agreement that should have been resolved years ago.\"\u003cbr>\n[contextly_sidebar id=\"5EqKyhMYRU826cmCmtaeVUlQZNpDl2yx\"]\u003cbr>\nThe statements from the attorneys and the city filed Wednesday evening are in response to a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">highly critical report\u003c/a> last month by court-appointed investigators Edward Swanson and Audrey Barron. That probe found that the Police Department's response to allegations that several officers had exploited a teenager and likely victim of sex trafficking was “wholly inadequate” and “defective.”\u003c/p>\n\u003cp>The court-appointed federal monitor learned of the department's cursory investigation months after it was closed. It then oversaw a new probe under a court order issued in March of last year.\u003c/p>\n\u003cp>Eventually, 12 current and former OPD officers were disciplined. Alameda County prosecutors filed \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">criminal charges\u003c/a> against four OPD officers, along with a Livermore police officer and a Contra Costa County sheriff's deputy.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But it's unclear whether the conduct of officers involved with the initial investigation -- or that of their supervisors -- has ever been examined.\u003c/p>\n\u003cp>Burris and Chanin cite an early interview with the teenager at the center of the case, who was allegedly prompted, and then allowed, to destroy evidence on her phone in front of investigators.\u003c/p>\n\u003cp>\"There is no evidence that any of the officers engaging in this behavior, or any of the supervisors who observed it and apparently failed to report it, stop it, or discipline their subordinates, were ever investigated, and if appropriate, disciplined by the Oakland Police Department,\" wrote the two attorneys who represent plaintiffs in the 2003 settlement of a major police misconduct lawsuit that required federal oversight of reforms.\u003c/p>\n\u003cp>In its filing, the city said \"in the spirit of self-examination, resilience and continued transformation,\" it accepted the \"Swanson report\" and each of its recommendations.\u003c/p>\n\u003cp>Oakland Police Chief Anne Kirkpatrick said on June 21, responding to the report, that she did not know who in her command staff was involved in the investigation.\u003c/p>\n\u003cp>“I don’t even know who those people were in those roles and places,” said Kirkpatrick, who took her post four months ago. “My entire command staff that I have in place today, from my personal assessment, I have confidence in.”\u003c/p>\n\u003cp>The East Bay Express \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">reported last week\u003c/a> that now-Assistant Chief John Lois was in charge of OPD's Bureau of Investigations, and was since promoted by Kirkpatrick. Capt. Kirk Coleman, who was in charge of criminal investigations, now heads the Internal Affairs Division. Kirkpatrick also promoted Roland Holmgren -- formerly a lieutenant overseeing homicide investigations -- to the rank of captain. All were in supervisory roles in the Police Department's initial investigation.\u003c/p>\n\u003cp>Oakland city officials say they remain confident in Kirkpatrick's leadership.\u003c/p>\n\u003cp>\"In her short tenure with the City, the Chief of Police has demonstrated a diligent commitment to holding the Department and her officers accountable for their shortcomings. She is in the process of carefully reviewing Mr. Swanson's report to identify specific performance breaches at the individual officer level and engage in corrective, remedial action.\"\u003cstrong>\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>The city's statement calls the alleged sexual misconduct \"reprehensible\" and \"extremely troubling,\" but highlights changes to the department's recruitment, training and internal investigation procedures.\u003c/p>\n\u003cp>Those include revamping oversight of officers' responsibility to report criminal conduct to prosecutors and placing OPD's Special Victims Unit in charge of officer sexual misconduct cases.\u003c/p>\n\u003cp>Swanson and Barron also advise other changes to internal investigations that would increase supervision and external oversight.\u003c/p>\n\u003cp>But Chanin and Burris, the plaintiffs' attorneys, want to go further. They are asking for a court order compelling the city to list every potential act of misconduct identified in the \"Swanson report\" and explain steps taken to investigate or discipline offending officers and supervisors.\u003c/p>\n\u003cp>The court specifically ordered both parties to report on the implementation of a comprehensive, computerized system for tracking officer conduct, called PRIME, which went live in May.\u003c/p>\n\u003cp>Oakland city officials acknowledge problems with the system.\u003c/p>\n\u003cp>\"Admittedly, there have been significant implementation and performance issues with PRIME 1.0, including numerous technological 'bugs,' \" the city's statement says. \"The city believes these setbacks are temporary. They are fixable; they will be fixed.\"\u003c/p>\n\u003cp>The city also lays out plans for an updated version of the system, PRIME 2.0, which would integrate body-worn camera footage and racial-stop data analytics.\u003c/p>\n\u003cp>Oakland and plaintiffs' attorneys are scheduled to present their arguments at a status hearing on Monday before two federal judges. Judge Thelton Henderson, who is still overseeing the case, is planning to retire, and Judge William Orrick is set to take over in August. The hearing is scheduled for 2:30 p.m. in San Francisco.\u003cbr>\n\u003ca name=\"filing\">\u003c/a>\u003cbr>\nRead the parties' joint status conference statement below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/3888229-Allen-Joint-Status-Conference-Statement-170705\" notes=\"true\" text=\"true\" search=\"true\" sidebar=\"true\" pdf=\"true\" responsive=\"true\" page=\"1\"]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lawyers involved in federal court oversight of the Oakland Police Department are calling for a detailed accounting of failures and disciplinary action taken against officers and supervisors tasked with investigating a \u003ca href=\"https://ww2.kqed.org/news/tag/police-sexual-exploitation/\" target=\"_blank\" rel=\"noopener noreferrer\">police sexual exploitation\u003c/a> case that has rocked the department for over a year.\u003c/p>\n\u003cp>If the city fails to comply with that and other reforms in a long-standing negotiated settlement agreement, the court should consider holding officials in contempt, civil rights attorneys John Burris and Jim Chanin wrote in a \u003ca href=\"#filing\">joint filing\u003c/a> that stakes out opposing stances on the status of court-ordered reforms and Oakland's ability to maintain them if the now 14 years of court oversight were to ever end.\u003c/p>\n\u003cp>\"The contempt process has the advantage of punishing the actual party causing the problem, rather than punishing others who are associated with him/them through no fault of their own,\" the attorneys' statement says. \"It is time that officials of the City of Oakland took responsibility for the completion of the Negotiated Settlement Agreement and are held accountable for their failure to comply with an agreement that should have been resolved years ago.\"\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nThe statements from the attorneys and the city filed Wednesday evening are in response to a \u003ca href=\"https://ww2.kqed.org/news/2017/06/21/court-oakland-police-investigation-into-sexual-misconduct-seriously-deficient/\" target=\"_blank\" rel=\"noopener noreferrer\">highly critical report\u003c/a> last month by court-appointed investigators Edward Swanson and Audrey Barron. That probe found that the Police Department's response to allegations that several officers had exploited a teenager and likely victim of sex trafficking was “wholly inadequate” and “defective.”\u003c/p>\n\u003cp>The court-appointed federal monitor learned of the department's cursory investigation months after it was closed. It then oversaw a new probe under a court order issued in March of last year.\u003c/p>\n\u003cp>Eventually, 12 current and former OPD officers were disciplined. Alameda County prosecutors filed \u003ca href=\"https://ww2.kqed.org/news/2016/09/09/alameda-county-da-charges-7-cops-with-sexually-exploiting-teenager/\" target=\"_blank\" rel=\"noopener noreferrer\">criminal charges\u003c/a> against four OPD officers, along with a Livermore police officer and a Contra Costa County sheriff's deputy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But it's unclear whether the conduct of officers involved with the initial investigation -- or that of their supervisors -- has ever been examined.\u003c/p>\n\u003cp>Burris and Chanin cite an early interview with the teenager at the center of the case, who was allegedly prompted, and then allowed, to destroy evidence on her phone in front of investigators.\u003c/p>\n\u003cp>\"There is no evidence that any of the officers engaging in this behavior, or any of the supervisors who observed it and apparently failed to report it, stop it, or discipline their subordinates, were ever investigated, and if appropriate, disciplined by the Oakland Police Department,\" wrote the two attorneys who represent plaintiffs in the 2003 settlement of a major police misconduct lawsuit that required federal oversight of reforms.\u003c/p>\n\u003cp>In its filing, the city said \"in the spirit of self-examination, resilience and continued transformation,\" it accepted the \"Swanson report\" and each of its recommendations.\u003c/p>\n\u003cp>Oakland Police Chief Anne Kirkpatrick said on June 21, responding to the report, that she did not know who in her command staff was involved in the investigation.\u003c/p>\n\u003cp>“I don’t even know who those people were in those roles and places,” said Kirkpatrick, who took her post four months ago. “My entire command staff that I have in place today, from my personal assessment, I have confidence in.”\u003c/p>\n\u003cp>The East Bay Express \u003ca href=\"https://www.eastbayexpress.com/oakland/naming-names-these-officers-are-responsible-for-the-failed-oakland-police-sex-scandal-investigation/Content?oid=7673287\" target=\"_blank\" rel=\"noopener noreferrer\">reported last week\u003c/a> that now-Assistant Chief John Lois was in charge of OPD's Bureau of Investigations, and was since promoted by Kirkpatrick. Capt. Kirk Coleman, who was in charge of criminal investigations, now heads the Internal Affairs Division. Kirkpatrick also promoted Roland Holmgren -- formerly a lieutenant overseeing homicide investigations -- to the rank of captain. All were in supervisory roles in the Police Department's initial investigation.\u003c/p>\n\u003cp>Oakland city officials say they remain confident in Kirkpatrick's leadership.\u003c/p>\n\u003cp>\"In her short tenure with the City, the Chief of Police has demonstrated a diligent commitment to holding the Department and her officers accountable for their shortcomings. She is in the process of carefully reviewing Mr. Swanson's report to identify specific performance breaches at the individual officer level and engage in corrective, remedial action.\"\u003cstrong>\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>The city's statement calls the alleged sexual misconduct \"reprehensible\" and \"extremely troubling,\" but highlights changes to the department's recruitment, training and internal investigation procedures.\u003c/p>\n\u003cp>Those include revamping oversight of officers' responsibility to report criminal conduct to prosecutors and placing OPD's Special Victims Unit in charge of officer sexual misconduct cases.\u003c/p>\n\u003cp>Swanson and Barron also advise other changes to internal investigations that would increase supervision and external oversight.\u003c/p>\n\u003cp>But Chanin and Burris, the plaintiffs' attorneys, want to go further. They are asking for a court order compelling the city to list every potential act of misconduct identified in the \"Swanson report\" and explain steps taken to investigate or discipline offending officers and supervisors.\u003c/p>\n\u003cp>The court specifically ordered both parties to report on the implementation of a comprehensive, computerized system for tracking officer conduct, called PRIME, which went live in May.\u003c/p>\n\u003cp>Oakland city officials acknowledge problems with the system.\u003c/p>\n\u003cp>\"Admittedly, there have been significant implementation and performance issues with PRIME 1.0, including numerous technological 'bugs,' \" the city's statement says. \"The city believes these setbacks are temporary. They are fixable; they will be fixed.\"\u003c/p>\n\u003cp>The city also lays out plans for an updated version of the system, PRIME 2.0, which would integrate body-worn camera footage and racial-stop data analytics.\u003c/p>\n\u003cp>Oakland and plaintiffs' attorneys are scheduled to present their arguments at a status hearing on Monday before two federal judges. Judge Thelton Henderson, who is still overseeing the case, is planning to retire, and Judge William Orrick is set to take over in August. The hearing is scheduled for 2:30 p.m. in San Francisco.\u003cbr>\n\u003ca name=\"filing\">\u003c/a>\u003cbr>\nRead the parties' joint status conference statement below.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The asteroid that hit Earth 66 million years ago spelled disaster for the dinosaurs.\u003c/p>\n\u003cp>But scientists say they’ve found one silver lining to the mass extinction — turns out, it was really good for frogs.\u003c/p>\n\u003cp>The resilient animals date back some 200 million years. And in the aftermath of the extinction event, they survived and thrived, taking advantage of an ecological vacuum other animals left behind.\u003c/p>\n\u003cp>About 9 in 10 frog species today evolved from three frog lineages that survived the event, which occurred at the boundary between the Cretaceous and Paleogene periods, according to research published Monday in \u003cem>Proceedings of the National Academy of Science.\u003c/em>\u003c/p>\n\u003cp>The timing of this rapid diversification came as a surprise, UC Berkeley herpetologist and report co-author \u003ca href=\"https://ib.berkeley.edu/people/faculty/waked\">David Wake\u003c/a> tells The Two-Way. It’s about 35 million years later than previous research suggested.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=”ERfE34XcCSdSZgUfudGFFOGIPkK0kmSP”]\u003c/p>\n\u003cp>As the Chinese and American researchers \u003ca href=\"https://www.eurekalert.org/pub_releases/2017-07/uoc--dlw062917.php\">noted in a press release\u003c/a>, the previous estimate was puzzling, “since Earth’s environment was stable at that time. A changing environment typically drives evolution.” They say that “analysis of molecular evolution in mitochondrial DNA [like in previous studies] often produces dates for lineage divergence that are too old.”\u003c/p>\n\u003cp>The new research focuses on nuclear genes instead, which Wake says can provide a “much clearer picture of what’s happening.”\u003c/p>\n\u003cp>Frogs are “master survivors,” Wake says, able to go underground and live through long periods of inactivity.\u003c/p>\n\u003cp>The scientists aren’t sure why three main lineages ultimately outperformed all the others that were living at the time of the asteroid strike.\u003c/p>\n\u003cp>There continue to be remnants of other pre-asteroid lineages around the world, the scientists say, and they’re “just as diverse today in their habitats and breeding strategies” as those descended from the three dominant lineages.\u003c/p>\n\u003cp>[contextly_sidebar id=”b0MngMeXz4lEIlizpFw1G7NzoEPgA5oK”]\u003c/p>\n\u003cp>But the primary ancestors of today’s frogs seized the ecological opportunity after mass extinction, explosively evolving new species.\u003c/p>\n\u003cp>“It’s these three lineages that were at the right place and the right time and they just took off like crazy,” Wake says, adding that they also “rapidly increased in their use of habitats and their use of resources.”\u003c/p>\n\u003cp>At the same time, seed-bearing trees and other flowering plants suddenly dominated the landscape. All three of the frog lineages contain species that started to dwell in trees, which was not previously seen in frogs. It was a sign, Wake says, of frogs “experimenting with new ways of life.”\u003c/p>\n\u003cp>Many of the new frog species also started to lay their eggs on land, skipping the tadpole phase and growing directly into a small frog. There are currently about 6,775 known frog species, and Wake says this trait is now found in about half of them.\u003c/p>\n\u003cp>What this research shows, Wake says, is that frogs have the proven ability to “[take] advantage of opportunities — in this case [an] ecological vacuum that existed following the mass extinction.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Now, the scientists want to study what it was about these lineages that allowed them to perform so much better than the others that survived the extinction event.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=How+Frogs+Benefited+From+The+Dinosaurs%27+Extinction&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n",
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"excerpt": "Frogs are 'master survivors,' able to take advantage of the ecological vacuum left behind by extinct animals. Scientists say 9 in 10 frog species descended from three surviving frog lineages.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The asteroid that hit Earth 66 million years ago spelled disaster for the dinosaurs.\u003c/p>\n\u003cp>But scientists say they’ve found one silver lining to the mass extinction — turns out, it was really good for frogs.\u003c/p>\n\u003cp>The resilient animals date back some 200 million years. And in the aftermath of the extinction event, they survived and thrived, taking advantage of an ecological vacuum other animals left behind.\u003c/p>\n\u003cp>About 9 in 10 frog species today evolved from three frog lineages that survived the event, which occurred at the boundary between the Cretaceous and Paleogene periods, according to research published Monday in \u003cem>Proceedings of the National Academy of Science.\u003c/em>\u003c/p>\n\u003cp>The timing of this rapid diversification came as a surprise, UC Berkeley herpetologist and report co-author \u003ca href=\"https://ib.berkeley.edu/people/faculty/waked\">David Wake\u003c/a> tells The Two-Way. It’s about 35 million years later than previous research suggested.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>As the Chinese and American researchers \u003ca href=\"https://www.eurekalert.org/pub_releases/2017-07/uoc--dlw062917.php\">noted in a press release\u003c/a>, the previous estimate was puzzling, “since Earth’s environment was stable at that time. A changing environment typically drives evolution.” They say that “analysis of molecular evolution in mitochondrial DNA [like in previous studies] often produces dates for lineage divergence that are too old.”\u003c/p>\n\u003cp>The new research focuses on nuclear genes instead, which Wake says can provide a “much clearer picture of what’s happening.”\u003c/p>\n\u003cp>Frogs are “master survivors,” Wake says, able to go underground and live through long periods of inactivity.\u003c/p>\n\u003cp>The scientists aren’t sure why three main lineages ultimately outperformed all the others that were living at the time of the asteroid strike.\u003c/p>\n\u003cp>There continue to be remnants of other pre-asteroid lineages around the world, the scientists say, and they’re “just as diverse today in their habitats and breeding strategies” as those descended from the three dominant lineages.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>But the primary ancestors of today’s frogs seized the ecological opportunity after mass extinction, explosively evolving new species.\u003c/p>\n\u003cp>“It’s these three lineages that were at the right place and the right time and they just took off like crazy,” Wake says, adding that they also “rapidly increased in their use of habitats and their use of resources.”\u003c/p>\n\u003cp>At the same time, seed-bearing trees and other flowering plants suddenly dominated the landscape. All three of the frog lineages contain species that started to dwell in trees, which was not previously seen in frogs. It was a sign, Wake says, of frogs “experimenting with new ways of life.”\u003c/p>\n\u003cp>Many of the new frog species also started to lay their eggs on land, skipping the tadpole phase and growing directly into a small frog. There are currently about 6,775 known frog species, and Wake says this trait is now found in about half of them.\u003c/p>\n\u003cp>What this research shows, Wake says, is that frogs have the proven ability to “[take] advantage of opportunities — in this case [an] ecological vacuum that existed following the mass extinction.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Now, the scientists want to study what it was about these lineages that allowed them to perform so much better than the others that survived the extinction event.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=How+Frogs+Benefited+From+The+Dinosaurs%27+Extinction&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Most of San Francisco’s official Fourth of July fireworks display was lost in the fog, but an unsanctioned show exploding below the clouds lit up much of the central city for hours.\u003c/p>\n\u003cp>Same was true for Oakland, San Jose and other cities across the Bay Area, despite efforts of law enforcement and fire officials to crack down on illegal fireworks.\u003c/p>\n\u003cp>\"Trying to stop fireworks is like trying to stop it from raining,\" Alameda County sheriff's Sgt. Ray Kelly said. \"We try to step up enforcement. We try to do public safety campaigns. But it’s really like trying to stem the flow of sand at the beach. There’s just no way we can catch up to it.\"\u003c/p>\n\u003cp>Kelly said sheriff's deputies fielded 150 calls about illegal fireworks Tuesday evening and Wednesday morning. Deputies cited eight people for misdemeanors. Kelly said the citations typically carry a fine of a few hundred dollars.\u003c/p>\n\u003cp>He said East Bay law enforcement seized approximately 6,000 pounds of illegal fireworks in the past week, but collected only about 50 pounds Tuesday night.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"That's very low,\" he said, adding that he hoped the prior seizures made a dent in the cacophony seen and heard throughout the Bay Area.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=NnDEOy1LGmU\u003c/p>\n\u003cp>The San Francisco Police Department did not respond to inquiries about fireworks calls and citations. But the city's Department of Emergency Management, which handles 911 dispatch and other calls for service, noted a steep increase in non-emergency calls over the Fourth of July, which spokesman Francis Zamora attributed to a public information campaign directing calls about illegal fireworks to the non-emergency line.\u003c/p>\n\u003cp>He said the jump from 522 non-emergency calls the evening of July 4, 2016 to 1,114 this year were mostly attributable to fireworks, though the department has no way to quickly separate that data.\u003c/p>\n\u003cp>\"It's a pretty safe bet,\" Zamora said.\u003c/p>\n\u003cp>An Oakland police dispatcher reported hundreds of unanswered fireworks-related calls and residents' frustration at slow or nonexistent police response just after 11 p.m. Tuesday night.\u003c/p>\n\u003cp>\"There's 205 calls standing -- more than two-thirds are firework related,\" the dispatcher said, \"and supervisors are getting complaints about units driving through the areas and not addressing the fireworks that are being present.\"\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=KCzm5bhPeJc&feature=youtu.be\u003cbr>\n\u003cem>Fireworks are seen exploding over Oakland on the Fourth of July, 2017. Video by Tara Siler of KQED News.\u003c/em>\u003c/p>\n\u003cp>An OPD spokesman said the department had 100 extra officers on duty to field reports of fireworks and celebratory gunfire, and Oakland police responded to \"over 125 calls.\" More detailed numbers were not immediately available.\u003c/p>\n\u003cp>Oakland City Councilman Noel Gallo said he and his neighbors called police, but officers never showed up.\u003c/p>\n\u003cp>\"Having been in the city for all my life, I can honestly say this is the worst ever that I have witnessed,\" Gallo said. \"People pulling out their weapons and shooting them up in the air -- it was completely out of control. I did not witness any police response or fire response.\"\u003c/p>\n\u003cp>A resident of Gallo's district came to his office Wednesday morning to complain about chaos in the streets of his neighborhood and a non-response from police.\u003c/p>\n\u003cp>Everardo Rodriguez said he called police about 9:50 p.m. to report lots of fireworks and some gunfire in the streets outside his home in Oakland's Fruitvale neighborhood. The dispatcher told him police were on the way, but they never arrived.\u003c/p>\n\u003cp>\"Nobody showed up and then after 11 o’clock, that’s when they really went at it,\" he said. \"I mean they went down on it.\"\u003c/p>\n\u003cp>Rodriguez said he heard more than 100 gunshots and saw people firing automatic rifles into the air.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It just got crazy, and at that point I was like, 'Oh, my God,' \" he said. \"The cops never came. They completely dropped the ball and it’s luck that nobody got hurt.\"\u003c/p>\n\n",
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"excerpt": "City officials, law enforcement and residents report a surprising amount of illegal fireworks -- and some gunfire -- for this year's Independence Day.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Most of San Francisco’s official Fourth of July fireworks display was lost in the fog, but an unsanctioned show exploding below the clouds lit up much of the central city for hours.\u003c/p>\n\u003cp>Same was true for Oakland, San Jose and other cities across the Bay Area, despite efforts of law enforcement and fire officials to crack down on illegal fireworks.\u003c/p>\n\u003cp>\"Trying to stop fireworks is like trying to stop it from raining,\" Alameda County sheriff's Sgt. Ray Kelly said. \"We try to step up enforcement. We try to do public safety campaigns. But it’s really like trying to stem the flow of sand at the beach. There’s just no way we can catch up to it.\"\u003c/p>\n\u003cp>Kelly said sheriff's deputies fielded 150 calls about illegal fireworks Tuesday evening and Wednesday morning. Deputies cited eight people for misdemeanors. Kelly said the citations typically carry a fine of a few hundred dollars.\u003c/p>\n\u003cp>He said East Bay law enforcement seized approximately 6,000 pounds of illegal fireworks in the past week, but collected only about 50 pounds Tuesday night.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"That's very low,\" he said, adding that he hoped the prior seizures made a dent in the cacophony seen and heard throughout the Bay Area.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/NnDEOy1LGmU'\n title='//www.youtube.com/embed/NnDEOy1LGmU'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The San Francisco Police Department did not respond to inquiries about fireworks calls and citations. But the city's Department of Emergency Management, which handles 911 dispatch and other calls for service, noted a steep increase in non-emergency calls over the Fourth of July, which spokesman Francis Zamora attributed to a public information campaign directing calls about illegal fireworks to the non-emergency line.\u003c/p>\n\u003cp>He said the jump from 522 non-emergency calls the evening of July 4, 2016 to 1,114 this year were mostly attributable to fireworks, though the department has no way to quickly separate that data.\u003c/p>\n\u003cp>\"It's a pretty safe bet,\" Zamora said.\u003c/p>\n\u003cp>An Oakland police dispatcher reported hundreds of unanswered fireworks-related calls and residents' frustration at slow or nonexistent police response just after 11 p.m. Tuesday night.\u003c/p>\n\u003cp>\"There's 205 calls standing -- more than two-thirds are firework related,\" the dispatcher said, \"and supervisors are getting complaints about units driving through the areas and not addressing the fireworks that are being present.\"\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=KCzm5bhPeJc&feature=youtu.be\u003cbr>\n\u003cem>Fireworks are seen exploding over Oakland on the Fourth of July, 2017. Video by Tara Siler of KQED News.\u003c/em>\u003c/p>\n\u003cp>An OPD spokesman said the department had 100 extra officers on duty to field reports of fireworks and celebratory gunfire, and Oakland police responded to \"over 125 calls.\" More detailed numbers were not immediately available.\u003c/p>\n\u003cp>Oakland City Councilman Noel Gallo said he and his neighbors called police, but officers never showed up.\u003c/p>\n\u003cp>\"Having been in the city for all my life, I can honestly say this is the worst ever that I have witnessed,\" Gallo said. \"People pulling out their weapons and shooting them up in the air -- it was completely out of control. I did not witness any police response or fire response.\"\u003c/p>\n\u003cp>A resident of Gallo's district came to his office Wednesday morning to complain about chaos in the streets of his neighborhood and a non-response from police.\u003c/p>\n\u003cp>Everardo Rodriguez said he called police about 9:50 p.m. to report lots of fireworks and some gunfire in the streets outside his home in Oakland's Fruitvale neighborhood. The dispatcher told him police were on the way, but they never arrived.\u003c/p>\n\u003cp>\"Nobody showed up and then after 11 o’clock, that’s when they really went at it,\" he said. \"I mean they went down on it.\"\u003c/p>\n\u003cp>Rodriguez said he heard more than 100 gunshots and saw people firing automatic rifles into the air.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It just got crazy, and at that point I was like, 'Oh, my God,' \" he said. \"The cops never came. They completely dropped the ball and it’s luck that nobody got hurt.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Hunger Strike at California’s Biggest Immigration Detention Center",
"title": "Hunger Strike at California’s Biggest Immigration Detention Center",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Activists say that more than 30 people began a hunger strike at the Adelanto Detention Facility on Tuesday, seeking better medical care and release pending their immigration court dates.\u003c/p>\n\u003cp>In the last five years, six people have died while being detained -- three of them since March 22 -- at the San Bernardino County facility, the largest immigration detention center in California. It can hold about 1,900 detainees and was almost at capacity in March, according to data from Immigration and Customs Enforcement.\u003c/p>\n\u003cp>Detainees say this is the fourth hunger strike they've conducted at the facility since June 12. During breakfast that morning nine men, mostly asylum-seekers from El Salvador, linked arms and refused to return to their cells until they could speak to guards about their concerns. Guards used pepper spray and physically removed the men to solitary cells, according to Tristan Call, a spokesman for the detainees, and ICE spokeswoman Virginia Kice.\u003c/p>\n\u003cp>Then they began the hunger strike.\u003c/p>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/tcr/2017/07/2017-07-06d-tcr.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/AdelantoDetention-1920x1280.jpg\" Title=\"Hunger Strike at California’s Biggest Immigration Detention Center\" program=\"The California Report\"]\u003c/p>\n\u003cp>\"We are not anyone's toys,\" said Isaac Lopez Castillo, a 27-year-old from El Salvador, in a \u003ca href=\"https://www.facebook.com/SurenxsEnAccion/videos/1704665619840959/\" target=\"_blank\">Facebook video\u003c/a> about the strike.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The men filed a \u003ca href=\"https://www.documentcloud.org/documents/3887174-Adelanto-Hunger-Strike-Complaint-to-DHS-Office.html\" target=\"_blank\" rel=\"noopener noreferrer\">complaint\u003c/a> with the Department of Homeland Security's Office for Civil Rights and Civil Liberties alleging that they were beaten and denied medical care and access to their attorneys.\u003c/p>\n\u003cp>GEO Group, the private prison company that owns and operates the facility, is investigating the incident, and ICE officials will review that probe, according to Kice.\u003c/p>\n\u003cp>\"The claim the men involved in this disturbance were beaten is a gross and regrettable exaggeration,\" wrote Kice in an email.\u003c/p>\n\u003cp>[contextly_sidebar id=\"vYuELrN2KNZ72uqYKKDCWROldmBzsHmS\"]\u003c/p>\n\u003cp>On June 14, a group of nearly 30 women refused to eat for about 24 hours -- asking for medical care, \"basic respect\" from jail guards, lower bond rates and to be reunited with their families. Call said that they ended the strike after many of the women received medical care on June 15.\u003c/p>\n\u003cp>Then, on June 22, eight of the same men from the June 12 action began a new hunger strike, after one was deported. Call said that detainees throughout the facility have refused food periodically since they began striking on June 12.\u003c/p>\n\u003cp>Kice says that the agency will implement hunger strike protocols, including medical supervision, if detainees refuse food for more than 72 hours.\u003c/p>\n\u003ch3>Ongoing Problems with Medical Care\u003c/h3>\n\u003cp>While the city of Adelanto holds the contract with ICE to detain immigrants in the facility, the city also has a contract with GEO Group to run it. Early last year, GEO Group stopped providing its own medical care and subcontracted with Correct Care Solutions, keeping on many of the same staff.\u003c/p>\n\u003cp>ICE’s \u003ca href=\"https://www.documentcloud.org/documents/3480649-adelantoCorrectionalFac-Adelanto-CA-Sept-18-20.html\" target=\"_blank\" rel=\"noopener noreferrer\">own investigators\u003c/a> found problems at the facility, including health care delays, poor record keeping and failures to properly report sexual assaults.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.documentcloud.org/documents/3480650-Ddr-Morales.html\" target=\"_blank\" rel=\"noopener noreferrer\">federal investigation\u003c/a> into one of the California deaths, inspectors noted that the person who died had waited more than a year to see a specialist, that the high turnover of medical staff led to inadequate care and that a dearth of laboratory services led to delays in treatment.\u003c/p>\n\u003cp>Independent medical experts \u003ca href=\"https://www.hrw.org/report/2017/05/08/systemic-indifference/dangerous-substandard-medical-care-us-immigration-detention\" target=\"_blank\" rel=\"noopener noreferrer\">for Human Rights Watch\u003c/a> analyzing ICE’s investigation found that the man probably suffered from symptoms of cancer for two years.\u003c/p>\n\u003ch3>Long Stays in Detention\u003c/h3>\n\u003cp>Detainees are also requesting to be released on their own recognizance, on bond or to receive a monitoring device.\u003c/p>\n\u003cp>Immigrant detainees, including asylum-seekers, can wait weeks, months and even years for their day in immigration court. There are currently 326 immigration judges nationwide — and they’re handling nearly 600,000 pending cases, according to the \u003ca href=\"https://www.justice.gov/eoir/pr/executive-office-immigration-review-swears-11-immigration-judges\" target=\"_blank\" rel=\"noopener noreferrer\">Department of Justice\u003c/a> and \u003ca href=\"http://trac.syr.edu/phptools/immigration/court_backlog/\" target=\"_blank\" rel=\"noopener noreferrer\">data from Syracuse University’s TRAC research center\u003c/a>. Even if the immigration courts didn’t accept a single additional case, it would take longer than two years to go through the backlog, according to TRAC.\u003c/p>\n\u003cp>Both ICE and immigration judges can release people. ICE officers make an initial determination about whether people should be detained while their immigration cases are pending.\u003c/p>\n\u003cp>\"ICE makes such determinations on an individual basis taking into account all facets of the person's situation, including the individual's immigration history and criminal record, if applicable. Likewise, the agency also considers an alien's family ties, any humanitarian issues that may be involved, and whether the person is a potential flight risk,\" wrote Kice.\u003c/p>\n\u003cp>Detainees who have been convicted of criminal activity are mandatorily held in detention.\u003c/p>\n\u003cp>Currently, the U.S. Supreme Court is set to \u003ca href=\"https://ww2.kqed.org/news/2017/06/26/supreme-court-will-hear-california-immigrant-detention-case-again/\" target=\"_blank\" rel=\"noopener noreferrer\">rehear a case\u003c/a> that could require immigration courts to conduct bond hearings every six months. The named plaintiff in the case, Alejandro Rodriguez, spent three years in ICE detention without a hearing for his release.\u003c/p>\n\u003cp>Court records \u003ca href=\"http://trac.syr.edu/immigration/reports/438/\" target=\"_blank\" rel=\"noopener noreferrer\">analyzed by TRAC\u003c/a> showed that at least half -- and in some years upward of two-thirds -- of people are held in ICE detention while the DHS begins court proceedings to deport them. The median immigration bond was set at $8,000 in fiscal year 2016. About one in five people granted bond stayed in detention, presumably because they can't afford it.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.facebook.com/PuebloSF/posts/1775784845781542:0\" target=\"_blank\" rel=\"noopener noreferrer\">a statement\u003c/a> during the first hunger strike, the men wrote that they cannot afford bail:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We are from El Salvador, Honduras, and Guatemala. We ask for your attention, because Adelanto is one of the prisons which exists for those who are seeking political asylum, and in reality our records are clean, none of us have prior criminal records. The bail is set impossibly high, and it’s a humiliating joke because we are poor, we don’t have that kind of money.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Activists say that more than 30 people began a hunger strike at the Adelanto Detention Facility on Tuesday, seeking better medical care and release pending their immigration court dates.\u003c/p>\n\u003cp>In the last five years, six people have died while being detained -- three of them since March 22 -- at the San Bernardino County facility, the largest immigration detention center in California. It can hold about 1,900 detainees and was almost at capacity in March, according to data from Immigration and Customs Enforcement.\u003c/p>\n\u003cp>Detainees say this is the fourth hunger strike they've conducted at the facility since June 12. During breakfast that morning nine men, mostly asylum-seekers from El Salvador, linked arms and refused to return to their cells until they could speak to guards about their concerns. Guards used pepper spray and physically removed the men to solitary cells, according to Tristan Call, a spokesman for the detainees, and ICE spokeswoman Virginia Kice.\u003c/p>\n\u003cp>Then they began the hunger strike.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We are not anyone's toys,\" said Isaac Lopez Castillo, a 27-year-old from El Salvador, in a \u003ca href=\"https://www.facebook.com/SurenxsEnAccion/videos/1704665619840959/\" target=\"_blank\">Facebook video\u003c/a> about the strike.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The men filed a \u003ca href=\"https://www.documentcloud.org/documents/3887174-Adelanto-Hunger-Strike-Complaint-to-DHS-Office.html\" target=\"_blank\" rel=\"noopener noreferrer\">complaint\u003c/a> with the Department of Homeland Security's Office for Civil Rights and Civil Liberties alleging that they were beaten and denied medical care and access to their attorneys.\u003c/p>\n\u003cp>GEO Group, the private prison company that owns and operates the facility, is investigating the incident, and ICE officials will review that probe, according to Kice.\u003c/p>\n\u003cp>\"The claim the men involved in this disturbance were beaten is a gross and regrettable exaggeration,\" wrote Kice in an email.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>On June 14, a group of nearly 30 women refused to eat for about 24 hours -- asking for medical care, \"basic respect\" from jail guards, lower bond rates and to be reunited with their families. Call said that they ended the strike after many of the women received medical care on June 15.\u003c/p>\n\u003cp>Then, on June 22, eight of the same men from the June 12 action began a new hunger strike, after one was deported. Call said that detainees throughout the facility have refused food periodically since they began striking on June 12.\u003c/p>\n\u003cp>Kice says that the agency will implement hunger strike protocols, including medical supervision, if detainees refuse food for more than 72 hours.\u003c/p>\n\u003ch3>Ongoing Problems with Medical Care\u003c/h3>\n\u003cp>While the city of Adelanto holds the contract with ICE to detain immigrants in the facility, the city also has a contract with GEO Group to run it. Early last year, GEO Group stopped providing its own medical care and subcontracted with Correct Care Solutions, keeping on many of the same staff.\u003c/p>\n\u003cp>ICE’s \u003ca href=\"https://www.documentcloud.org/documents/3480649-adelantoCorrectionalFac-Adelanto-CA-Sept-18-20.html\" target=\"_blank\" rel=\"noopener noreferrer\">own investigators\u003c/a> found problems at the facility, including health care delays, poor record keeping and failures to properly report sexual assaults.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.documentcloud.org/documents/3480650-Ddr-Morales.html\" target=\"_blank\" rel=\"noopener noreferrer\">federal investigation\u003c/a> into one of the California deaths, inspectors noted that the person who died had waited more than a year to see a specialist, that the high turnover of medical staff led to inadequate care and that a dearth of laboratory services led to delays in treatment.\u003c/p>\n\u003cp>Independent medical experts \u003ca href=\"https://www.hrw.org/report/2017/05/08/systemic-indifference/dangerous-substandard-medical-care-us-immigration-detention\" target=\"_blank\" rel=\"noopener noreferrer\">for Human Rights Watch\u003c/a> analyzing ICE’s investigation found that the man probably suffered from symptoms of cancer for two years.\u003c/p>\n\u003ch3>Long Stays in Detention\u003c/h3>\n\u003cp>Detainees are also requesting to be released on their own recognizance, on bond or to receive a monitoring device.\u003c/p>\n\u003cp>Immigrant detainees, including asylum-seekers, can wait weeks, months and even years for their day in immigration court. There are currently 326 immigration judges nationwide — and they’re handling nearly 600,000 pending cases, according to the \u003ca href=\"https://www.justice.gov/eoir/pr/executive-office-immigration-review-swears-11-immigration-judges\" target=\"_blank\" rel=\"noopener noreferrer\">Department of Justice\u003c/a> and \u003ca href=\"http://trac.syr.edu/phptools/immigration/court_backlog/\" target=\"_blank\" rel=\"noopener noreferrer\">data from Syracuse University’s TRAC research center\u003c/a>. Even if the immigration courts didn’t accept a single additional case, it would take longer than two years to go through the backlog, according to TRAC.\u003c/p>\n\u003cp>Both ICE and immigration judges can release people. ICE officers make an initial determination about whether people should be detained while their immigration cases are pending.\u003c/p>\n\u003cp>\"ICE makes such determinations on an individual basis taking into account all facets of the person's situation, including the individual's immigration history and criminal record, if applicable. Likewise, the agency also considers an alien's family ties, any humanitarian issues that may be involved, and whether the person is a potential flight risk,\" wrote Kice.\u003c/p>\n\u003cp>Detainees who have been convicted of criminal activity are mandatorily held in detention.\u003c/p>\n\u003cp>Currently, the U.S. Supreme Court is set to \u003ca href=\"https://ww2.kqed.org/news/2017/06/26/supreme-court-will-hear-california-immigrant-detention-case-again/\" target=\"_blank\" rel=\"noopener noreferrer\">rehear a case\u003c/a> that could require immigration courts to conduct bond hearings every six months. The named plaintiff in the case, Alejandro Rodriguez, spent three years in ICE detention without a hearing for his release.\u003c/p>\n\u003cp>Court records \u003ca href=\"http://trac.syr.edu/immigration/reports/438/\" target=\"_blank\" rel=\"noopener noreferrer\">analyzed by TRAC\u003c/a> showed that at least half -- and in some years upward of two-thirds -- of people are held in ICE detention while the DHS begins court proceedings to deport them. The median immigration bond was set at $8,000 in fiscal year 2016. About one in five people granted bond stayed in detention, presumably because they can't afford it.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.facebook.com/PuebloSF/posts/1775784845781542:0\" target=\"_blank\" rel=\"noopener noreferrer\">a statement\u003c/a> during the first hunger strike, the men wrote that they cannot afford bail:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We are from El Salvador, Honduras, and Guatemala. We ask for your attention, because Adelanto is one of the prisons which exists for those who are seeking political asylum, and in reality our records are clean, none of us have prior criminal records. The bail is set impossibly high, and it’s a humiliating joke because we are poor, we don’t have that kind of money.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Why Teens Are Smoking Less, In Their Own Words",
"title": "Why Teens Are Smoking Less, In Their Own Words",
"headTitle": "California Healthline | State of Health | KQED News",
"content": "\u003cp>When Maya Terrell saw the anti-smoking television commercial, she knew she would never try a cigarette.\u003c/p>\n\u003cp>It featured an \u003ca href=\"https://www.cdc.gov/tobacco/campaign/tips/stories/anti-smoking-champion-terrie-hall-dies.html\">ex-smoker\u003c/a> with a \u003ca href=\"https://www.youtube.com/watch?v=5zWB4dLYChM\">hole in her throat\u003c/a> where her larynx used to be.\u003c/p>\n\u003cp>“I was like, ‘Never!’” recalled Terrell, 18. “I was scared.”\u003c/p>\n\u003cp>Besides, she said, smoking is just plain gross.\u003c/p>\n\u003cp>“My friends don’t smoke cigarettes,” said Terrell, of Sacramento, Calif. “It’s nasty.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Terrell is emblematic of a generation of teenagers who appear more knowledgeable about the risks of tobacco — and are smoking fewer cigarettes than ever before.\u003c/p>\n\u003cp>When researchers first started consistently tracking teen cigarette use in 1999, 29 percent of high schoolers reported smoking a cigarette in the past 30 days. That’s compared with 8 percent in 2016, \u003ca href=\"https://www.cdc.gov/mmwr/volumes/66/wr/mm6623a1.htm?s_cid=mm6623a1_w\" target=\"_blank\" rel=\"noopener noreferrer\">according to data\u003c/a> released this month by the Centers for Disease Control and Prevention.\u003c/p>\n\u003cp>Reported use of e-cigarettes, known as vaping, also fell for the first time since e-cigarette tracking began in 2011, dropping from 16 percent in 2015 to about 11 percent in 2016. However, non-Hispanic white students remained more likely to use e-cigarettes than their Hispanic or non-Hispanic black peers.\u003c/p>\n\u003cp>At the same time, \u003ca href=\"https://www.statnews.com/2016/12/13/marijuana-teens-tobacco-ecigarettes/\" target=\"_blank\" rel=\"noopener noreferrer\">other research\u003c/a> suggests kids’ marijuana use is up — a possible sign of shifting tastes and habits.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/\" target=\"_blank\" rel=\"noopener noreferrer\">Cigarette smoking\u003c/a> is known to increase the risk of cancer, heart disease, stroke, lung diseases and diabetes. Tobacco use is “the leading cause of preventable disease and death” in the U.S., according to the CDC.\u003c/p>\n\u003cp>Many smokers in past generations ignored warnings about tobacco risks amid heavy advertising by tobacco companies. Today’s teens are more aware of the perils, and seem unsurprised by the CDC’s recent findings.\u003c/p>\n\u003cp>“I’ve had family members have a lot of consequences because of smoking,” explained Juliet Brisson, 15, while shopping at a Sacramento mall. “Older people used to smoke a lot, and they get effects as they get older. [Teens] are probably seeing that happen and are realizing they shouldn’t.”\u003c/p>\n\u003cp>Brisson’s friend Angelina Campos said that observing what happens to those who smoke, as well as anti-smoking campaigns, can influence her generation.\u003c/p>\n\u003cp>“People see the campaigns, they’re seeing the consequences, they’re seeing others die from tobacco usage,” said Campos, 17.\u003c/p>\n\u003cdiv id=\"attachment_240139\" class=\"wp-caption aligncenter\" style=\"width: 780px\">\n\u003cp>\u003cimg class=\"size-khn-article-large wp-image-240139\" src=\"https://californiahealthline.files.wordpress.com/2017/06/teen-smoking-1_770.jpg?w=770&h=513&crop=1\" alt=\"\" width=\"770\" height=\"513\">\u003c/p>\n\u003cp class=\"wp-caption-text\">Juliet Brisson, left, and Angelina Campos converse while shopping at Sacramento’s Arden Fair mall on June 19. (Kellen Browning/California Healthline)\u003c/p>\n\u003c/div>\n\u003cp>California has long led the nation in restricting access to tobacco and continues to make it harder and more expensive to use. The San Francisco Board of Supervisors recently approved a \u003ca href=\"http://www.sfexaminer.com/sf-bans-sale-menthol-cigarettes-eliminate-least-50-5m-tobacco-sales/\" target=\"_blank\" rel=\"noopener noreferrer\">city-wide ban\u003c/a> on the sale of flavored tobacco products, including menthol cigarettes. California raised the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB7\" target=\"_blank\" rel=\"noopener noreferrer\">minimum legal age\u003c/a> for purchasing tobacco from 18 to 21 in 2016, and voters also increased the state \u003ca href=\"https://ballotpedia.org/California_Proposition_56,_Tobacco_Tax_Increase_(2016)\" target=\"_blank\" rel=\"noopener noreferrer\">tax on tobacco\u003c/a> products by $2 per pack by approving Proposition 56 last year.\u003c/p>\n\u003cp>Such measures help decrease teen smoking rates, said Dr. Alison Chopel, the director of the Public Health Institute’s \u003ca href=\"http://www.californiateenhealth.org/\" target=\"_blank\" rel=\"noopener noreferrer\">California Adolescent Health Collaborative\u003c/a>.\u003c/p>\n\u003cp>“California is kind of leading the nation in terms of declining rates of cigarette smoking. I think part of that has been the tax, and … the age availability definitely makes a difference,” Chopel said. “Any way that you can restrict access is definitely going to be helpful.”\u003c/p>\n\u003cp>Chopel heads a project called \u003ca href=\"http://www.californiateenhealth.org/research/\" target=\"_blank\" rel=\"noopener noreferrer\">Marketing E-Cigarettes Toward Adolescents Oakland \u003c/a>(META Oakland), which employs youth researchers and journalists to study how e-cigarettes are advertised. They’ve since branched out to monitor trends with other tobacco products.\u003c/p>\n\u003cp>META Oakland found that flavors of e-cigarettes and other products, such as \u003ca href=\"http://www.whitecloudelectroniccigarettes.com/how-it-works/flavors/\" target=\"_blank\" rel=\"noopener noreferrer\">“Mango Tango”\u003c/a> and “Watermelon Wave” entice teens. Chopel said that despite the encouraging recent data, anti-smoking advocates need to “remain vigilant” to counteract tobacco companies’ advertising.\u003c/p>\n\u003cp>Flavored e-cigarette and tobacco products are \u003ca href=\"http://californiahealthline.org/news/sf-seeks-to-ban-sale-of-menthol-cigarettes-and-flavored-tobacco-products/\" target=\"_blank\" rel=\"noopener noreferrer\">heavily marketed to minorities\u003c/a>. The CDC found that menthol cigarette promotions in particular have been “targeted heavily toward African Americans through culturally tailored advertising images and messages.” Nearly 9 in 10 \u003ca style=\"background-color: #ffffff\" href=\"https://www.cdc.gov/tobacco/disparities/african-americans/index.htm\" target=\"_blank\" rel=\"noopener noreferrer\">African-Americans who smoke\u003c/a> prefer menthol cigarettes, the CDC says.\u003c/p>\n\u003cp>E-cigarettes are probably a healthier choice — but not an ideal alternative. They contain nicotine, and the \u003ca href=\"https://www.cdc.gov/vitalsigns/ecigarette-ads/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">CDC says\u003c/a> they can lead to addiction, harm brain development and encourage use of other tobacco products.\u003c/p>\n\u003cp>A recent \u003ca href=\"http://annals.org/aim/article/2599869/nicotine-carcinogen-toxin-exposure-long-term-e-cigarette-nicotine-replacement\" target=\"_blank\" rel=\"noopener noreferrer\">study\u003c/a> found that e-cigarette and traditional cigarette smokers tested similarly for levels of nicotine, but e-cigarette smokers showed “substantially reduced levels of measured carcinogens and toxins” than cigarette smokers.\u003c/p>\n\u003cp>Mac Carroll, a 14-year-old Sacramento student, sees classmates smoke e-cigarettes at school. He suggested teenagers might be influenced to vape because it’s trendy.\u003c/p>\n\u003cp>“If everyone’s doing it, you kind of just want to do it yourself, you know?” Carroll said.\u003c/p>\n\u003cdiv id=\"attachment_240141\" class=\"wp-caption aligncenter\" style=\"width: 780px\">\n\u003cp>\u003cimg class=\"size-khn-article-large wp-image-240141\" src=\"https://californiahealthline.files.wordpress.com/2017/06/teen-smoking-3_770.jpg?w=770&h=513&crop=1\" alt=\"\" width=\"770\" height=\"513\">\u003c/p>\n\u003cp class=\"wp-caption-text\">Andy Knox checks his phone at home in Davis, Calif., on June 19. (Kellen Browning/California Healthline)\u003c/p>\n\u003c/div>\n\u003cp>But Andy Knox, a 16-year-old Davis, Calif., resident, thinks the recent decline in teen vaping shows that e-cigarettes are past their peak popularity.\u003c/p>\n\u003cp>Vaping is “generally widely culturally viewed as pretty much ridiculous,” Knox said.\u003c/p>\n\u003cp>Many of the teens interviewed said the waning interest in cigarettes is closely linked with the increase in popularity of marijuana.\u003c/p>\n\u003cp>“Generally, if you talk to people at school, they know all the things that tobacco causes, like cancer, and they don’t see marijuana as dangerous as that,” he said. “Also, the effect that it has on you is more pleasurable with marijuana than with tobacco.”\u003c/p>\n\u003cp>Though some teens may believe that smoking marijuana isn’t as dangerous as cigarette smoking, it may cause addiction, lung damage, impaired driving and brain development problems, \u003ca href=\"https://www.cdc.gov/marijuana/health-effects.htm\" target=\"_blank\" rel=\"noopener noreferrer\">according to the CDC\u003c/a>.\u003c/p>\n\u003cp>California \u003ca href=\"https://ballotpedia.org/California_Proposition_64,_Marijuana_Legalization_(2016)\" target=\"_blank\" rel=\"noopener noreferrer\">voted last year\u003c/a> to legalize recreational use of marijuana for those 21 and older starting in 2018. Knox thinks the outcome has influenced teenagers’ behaviors as well.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“People are probably having the instinct with marijuana that, ‘Well, it’s going to be legal in a few years, so you might as well start,’” Knox said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Maya Terrell saw the anti-smoking television commercial, she knew she would never try a cigarette.\u003c/p>\n\u003cp>It featured an \u003ca href=\"https://www.cdc.gov/tobacco/campaign/tips/stories/anti-smoking-champion-terrie-hall-dies.html\">ex-smoker\u003c/a> with a \u003ca href=\"https://www.youtube.com/watch?v=5zWB4dLYChM\">hole in her throat\u003c/a> where her larynx used to be.\u003c/p>\n\u003cp>“I was like, ‘Never!’” recalled Terrell, 18. “I was scared.”\u003c/p>\n\u003cp>Besides, she said, smoking is just plain gross.\u003c/p>\n\u003cp>“My friends don’t smoke cigarettes,” said Terrell, of Sacramento, Calif. “It’s nasty.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Terrell is emblematic of a generation of teenagers who appear more knowledgeable about the risks of tobacco — and are smoking fewer cigarettes than ever before.\u003c/p>\n\u003cp>When researchers first started consistently tracking teen cigarette use in 1999, 29 percent of high schoolers reported smoking a cigarette in the past 30 days. That’s compared with 8 percent in 2016, \u003ca href=\"https://www.cdc.gov/mmwr/volumes/66/wr/mm6623a1.htm?s_cid=mm6623a1_w\" target=\"_blank\" rel=\"noopener noreferrer\">according to data\u003c/a> released this month by the Centers for Disease Control and Prevention.\u003c/p>\n\u003cp>Reported use of e-cigarettes, known as vaping, also fell for the first time since e-cigarette tracking began in 2011, dropping from 16 percent in 2015 to about 11 percent in 2016. However, non-Hispanic white students remained more likely to use e-cigarettes than their Hispanic or non-Hispanic black peers.\u003c/p>\n\u003cp>At the same time, \u003ca href=\"https://www.statnews.com/2016/12/13/marijuana-teens-tobacco-ecigarettes/\" target=\"_blank\" rel=\"noopener noreferrer\">other research\u003c/a> suggests kids’ marijuana use is up — a possible sign of shifting tastes and habits.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/\" target=\"_blank\" rel=\"noopener noreferrer\">Cigarette smoking\u003c/a> is known to increase the risk of cancer, heart disease, stroke, lung diseases and diabetes. Tobacco use is “the leading cause of preventable disease and death” in the U.S., according to the CDC.\u003c/p>\n\u003cp>Many smokers in past generations ignored warnings about tobacco risks amid heavy advertising by tobacco companies. Today’s teens are more aware of the perils, and seem unsurprised by the CDC’s recent findings.\u003c/p>\n\u003cp>“I’ve had family members have a lot of consequences because of smoking,” explained Juliet Brisson, 15, while shopping at a Sacramento mall. “Older people used to smoke a lot, and they get effects as they get older. [Teens] are probably seeing that happen and are realizing they shouldn’t.”\u003c/p>\n\u003cp>Brisson’s friend Angelina Campos said that observing what happens to those who smoke, as well as anti-smoking campaigns, can influence her generation.\u003c/p>\n\u003cp>“People see the campaigns, they’re seeing the consequences, they’re seeing others die from tobacco usage,” said Campos, 17.\u003c/p>\n\u003cdiv id=\"attachment_240139\" class=\"wp-caption aligncenter\" style=\"width: 780px\">\n\u003cp>\u003cimg class=\"size-khn-article-large wp-image-240139\" src=\"https://californiahealthline.files.wordpress.com/2017/06/teen-smoking-1_770.jpg?w=770&h=513&crop=1\" alt=\"\" width=\"770\" height=\"513\">\u003c/p>\n\u003cp class=\"wp-caption-text\">Juliet Brisson, left, and Angelina Campos converse while shopping at Sacramento’s Arden Fair mall on June 19. (Kellen Browning/California Healthline)\u003c/p>\n\u003c/div>\n\u003cp>California has long led the nation in restricting access to tobacco and continues to make it harder and more expensive to use. The San Francisco Board of Supervisors recently approved a \u003ca href=\"http://www.sfexaminer.com/sf-bans-sale-menthol-cigarettes-eliminate-least-50-5m-tobacco-sales/\" target=\"_blank\" rel=\"noopener noreferrer\">city-wide ban\u003c/a> on the sale of flavored tobacco products, including menthol cigarettes. California raised the \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520162SB7\" target=\"_blank\" rel=\"noopener noreferrer\">minimum legal age\u003c/a> for purchasing tobacco from 18 to 21 in 2016, and voters also increased the state \u003ca href=\"https://ballotpedia.org/California_Proposition_56,_Tobacco_Tax_Increase_(2016)\" target=\"_blank\" rel=\"noopener noreferrer\">tax on tobacco\u003c/a> products by $2 per pack by approving Proposition 56 last year.\u003c/p>\n\u003cp>Such measures help decrease teen smoking rates, said Dr. Alison Chopel, the director of the Public Health Institute’s \u003ca href=\"http://www.californiateenhealth.org/\" target=\"_blank\" rel=\"noopener noreferrer\">California Adolescent Health Collaborative\u003c/a>.\u003c/p>\n\u003cp>“California is kind of leading the nation in terms of declining rates of cigarette smoking. I think part of that has been the tax, and … the age availability definitely makes a difference,” Chopel said. “Any way that you can restrict access is definitely going to be helpful.”\u003c/p>\n\u003cp>Chopel heads a project called \u003ca href=\"http://www.californiateenhealth.org/research/\" target=\"_blank\" rel=\"noopener noreferrer\">Marketing E-Cigarettes Toward Adolescents Oakland \u003c/a>(META Oakland), which employs youth researchers and journalists to study how e-cigarettes are advertised. They’ve since branched out to monitor trends with other tobacco products.\u003c/p>\n\u003cp>META Oakland found that flavors of e-cigarettes and other products, such as \u003ca href=\"http://www.whitecloudelectroniccigarettes.com/how-it-works/flavors/\" target=\"_blank\" rel=\"noopener noreferrer\">“Mango Tango”\u003c/a> and “Watermelon Wave” entice teens. Chopel said that despite the encouraging recent data, anti-smoking advocates need to “remain vigilant” to counteract tobacco companies’ advertising.\u003c/p>\n\u003cp>Flavored e-cigarette and tobacco products are \u003ca href=\"http://californiahealthline.org/news/sf-seeks-to-ban-sale-of-menthol-cigarettes-and-flavored-tobacco-products/\" target=\"_blank\" rel=\"noopener noreferrer\">heavily marketed to minorities\u003c/a>. The CDC found that menthol cigarette promotions in particular have been “targeted heavily toward African Americans through culturally tailored advertising images and messages.” Nearly 9 in 10 \u003ca style=\"background-color: #ffffff\" href=\"https://www.cdc.gov/tobacco/disparities/african-americans/index.htm\" target=\"_blank\" rel=\"noopener noreferrer\">African-Americans who smoke\u003c/a> prefer menthol cigarettes, the CDC says.\u003c/p>\n\u003cp>E-cigarettes are probably a healthier choice — but not an ideal alternative. They contain nicotine, and the \u003ca href=\"https://www.cdc.gov/vitalsigns/ecigarette-ads/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">CDC says\u003c/a> they can lead to addiction, harm brain development and encourage use of other tobacco products.\u003c/p>\n\u003cp>A recent \u003ca href=\"http://annals.org/aim/article/2599869/nicotine-carcinogen-toxin-exposure-long-term-e-cigarette-nicotine-replacement\" target=\"_blank\" rel=\"noopener noreferrer\">study\u003c/a> found that e-cigarette and traditional cigarette smokers tested similarly for levels of nicotine, but e-cigarette smokers showed “substantially reduced levels of measured carcinogens and toxins” than cigarette smokers.\u003c/p>\n\u003cp>Mac Carroll, a 14-year-old Sacramento student, sees classmates smoke e-cigarettes at school. He suggested teenagers might be influenced to vape because it’s trendy.\u003c/p>\n\u003cp>“If everyone’s doing it, you kind of just want to do it yourself, you know?” Carroll said.\u003c/p>\n\u003cdiv id=\"attachment_240141\" class=\"wp-caption aligncenter\" style=\"width: 780px\">\n\u003cp>\u003cimg class=\"size-khn-article-large wp-image-240141\" src=\"https://californiahealthline.files.wordpress.com/2017/06/teen-smoking-3_770.jpg?w=770&h=513&crop=1\" alt=\"\" width=\"770\" height=\"513\">\u003c/p>\n\u003cp class=\"wp-caption-text\">Andy Knox checks his phone at home in Davis, Calif., on June 19. (Kellen Browning/California Healthline)\u003c/p>\n\u003c/div>\n\u003cp>But Andy Knox, a 16-year-old Davis, Calif., resident, thinks the recent decline in teen vaping shows that e-cigarettes are past their peak popularity.\u003c/p>\n\u003cp>Vaping is “generally widely culturally viewed as pretty much ridiculous,” Knox said.\u003c/p>\n\u003cp>Many of the teens interviewed said the waning interest in cigarettes is closely linked with the increase in popularity of marijuana.\u003c/p>\n\u003cp>“Generally, if you talk to people at school, they know all the things that tobacco causes, like cancer, and they don’t see marijuana as dangerous as that,” he said. “Also, the effect that it has on you is more pleasurable with marijuana than with tobacco.”\u003c/p>\n\u003cp>Though some teens may believe that smoking marijuana isn’t as dangerous as cigarette smoking, it may cause addiction, lung damage, impaired driving and brain development problems, \u003ca href=\"https://www.cdc.gov/marijuana/health-effects.htm\" target=\"_blank\" rel=\"noopener noreferrer\">according to the CDC\u003c/a>.\u003c/p>\n\u003cp>California \u003ca href=\"https://ballotpedia.org/California_Proposition_64,_Marijuana_Legalization_(2016)\" target=\"_blank\" rel=\"noopener noreferrer\">voted last year\u003c/a> to legalize recreational use of marijuana for those 21 and older starting in 2018. Knox thinks the outcome has influenced teenagers’ behaviors as well.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“People are probably having the instinct with marijuana that, ‘Well, it’s going to be legal in a few years, so you might as well start,’” Knox said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"soldout": {
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"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
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