KQED Wins Legal Victory Against California Department of Corrections Over Public Records
College Student Shot by San José Police Calls for Probe into Racist Texts
The Bay's August News Roundup: San José Strike Averted, Henrietta Lacks’ Family Sues, and A Mysterious Land Purchase in Solano County
After Lawsuit, Managers of Defunct Oakland Cannabis Business 'Disappeared Overnight'
KQED Sues California Department of Corrections for Records on Staff Use of Force and Misconduct
Unhoused San Francisco Residents Sue City Over Displacement, Rights Violations
Bill Aims to Allow Lawsuits Against Gun Manufacturers for Marketing Guns to Kids
Cruel and Unusual and Coronavirus
Lawsuit Says Census Takers Were Pressured to Falsify Data
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She was born and raised in the East Bay and holds a B.A. in Urban Studies from Barnard College.","avatar":"https://secure.gravatar.com/avatar/5fded66cae47704cdfc5021cde0f3aa4?s=600&d=blank&r=g","twitter":"sharkfinney","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Annelise Finney | KQED","description":"Weekend Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/5fded66cae47704cdfc5021cde0f3aa4?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/5fded66cae47704cdfc5021cde0f3aa4?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/afinney"},"mesquinca":{"type":"authors","id":"11802","meta":{"index":"authors_1591205172","id":"11802","found":true},"name":"Maria Esquinca","firstName":"Maria","lastName":"Esquinca","slug":"mesquinca","email":"mesquinca@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"Producer, The Bay","bio":"María Esquinca is a producer of The Bay. Before that, she was a New York Women’s Foundation IGNITE Fellow at Latino USA. She worked at Radio Bilingue where she covered the San Joaquin Valley. Maria has interned at WLRN, News 21, The New York Times Student Journalism Institute and at Crain’s Detroit Business as a Dow Jones News Fund Business Reporting Intern. She is an MFA graduate from the University of Miami. In 2017, she graduated from the Walter Cronkite School of Journalism and Mass Communication with a Master of Mass Communication. A fronteriza, she was born in Ciudad Juárez, Chihuahua, Mexico and grew up in El Paso, Texas.","avatar":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g","twitter":"@m_esquinca","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Maria Esquinca | KQED","description":"Producer, The Bay","ogImgSrc":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mesquinca"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11982270":{"type":"posts","id":"news_11982270","meta":{"index":"posts_1591205157","site":"news","id":"11982270","score":null,"sort":[1712673016000]},"guestAuthors":[],"slug":"kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","title":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records","publishDate":1712673016,"format":"standard","headTitle":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Sacramento Superior Court Judge James Arguelles has \u003ca href=\"https://medialaw.org/wp-content/uploads/2024/04/04.08.24kqed.pdf\">granted (PDF)\u003c/a> KQED’s petition to compel the California Department of Corrections and Rehabilitation to disclose peace officer personnel records in a timely fashion.\u003c/p>\n\u003cp>The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public six years ago by the \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">Right to Know\u003c/a> Act. The landmark transparency law unsealed internal affairs files for the first time in 40 years. This is the fifth case in which KQED has sued or intervened to secure public access to law enforcement disciplinary records in the wake of the 2019 law.\u003c/p>\n\u003cp>[aside tag=\"justice, law\" label=\"More Related Stories\"]“KQED is impressed and gratified with the Superior Court’s ruling that the California Department of Corrections and Rehabilitation was moving too slowly,” said Ethan Toven-Lindsey, vice president of news at KQED. “We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.”\u003c/p>\n\u003cp>In early 2019, as part of a \u003ca href=\"https://www.kqed.org/policerecords\">coalition\u003c/a> of news organizations, KQED filed requests with more than 700 law enforcement agencies including CDCR, which employs about 30,000 peace officers, making it the largest in the state. In 2021, after the Legislature \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">expanded access\u003c/a> to police disciplinary records to include cases of discrimination and excessive force, KQED asked for \u003ca href=\"https://www.kqed.org/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers\">those records\u003c/a> as well.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records\">sued\u003c/a> the prison agency in 2022, after it became apparent that at the rate it was going, it would take more than 25 years for CDCR to turn over disclosable peace officer records. In the past year and a half, the agency has sped things up. However, in its most recent motion, the prison agency estimated that it still needs more than nine years to produce an additional 925 incidents that are responsive to KQED’s requests. The agency also stated that it is constrained by an agreement with the California Correctional Peace Officers Association to notify officers before any records are released.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ethan Toven-Lindsey, vice president of news, KQED\"]‘We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.’[/pullquote]In his ruling Friday, Arguelles said that CDCR must release all responsive records by 2027 and 40 of KQED’s top priority cases by August.\u003c/p>\n\u003cp>“CDCR appreciates the court’s acknowledgment of the Department’s efforts to work with KQED to prioritize cases and increase staffing to meet its obligations,” the agency’s press secretary Terri Hardy wrote in an email. “CDCR receives a large number of Public Records Act requests each year and remains committed to transparency and refining its process.”\u003c/p>\n\u003cp>So far, the prison agency has released complete records for around 300 use-of-force and misconduct cases that span 2014 through 2021, and partial records for about 80 cases involving officer discrimination.\u003c/p>\n\u003cp>Out of those records, KQED had produced a second season of its award-winning podcast \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">On Our Watch\u003c/a>. The first season was based on internal police records obtained under the Right to Know Act. The second season focuses on use of force at the state’s most violent prison, California State Prison-Sacramento, also known as New Folsom.\u003c/p>\n\u003cp>KQED found that this prison had three times the rate of serious use-of-force incidents — in which officers seriously injure or shoot at incarcerated people — of any other state prison. The final episode of the series, which traces the footsteps of two whistleblowers who died after reporting misconduct in the prison publishes today.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public 6 years ago by the 'Right to Know' Act.","status":"publish","parent":0,"modified":1712623275,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":626},"headData":{"title":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records | KQED","description":"The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public 6 years ago by the 'Right to Know' Act.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Wins Legal Victory Against California Department of Corrections Over Public Records","datePublished":"2024-04-09T14:30:16.000Z","dateModified":"2024-04-09T00:41:15.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11982270/kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sacramento Superior Court Judge James Arguelles has \u003ca href=\"https://medialaw.org/wp-content/uploads/2024/04/04.08.24kqed.pdf\">granted (PDF)\u003c/a> KQED’s petition to compel the California Department of Corrections and Rehabilitation to disclose peace officer personnel records in a timely fashion.\u003c/p>\n\u003cp>The petition was the latest action in KQED’s ongoing lawsuit against the prison agency over peace officer disciplinary and use-of-force records that were made public six years ago by the \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">Right to Know\u003c/a> Act. The landmark transparency law unsealed internal affairs files for the first time in 40 years. This is the fifth case in which KQED has sued or intervened to secure public access to law enforcement disciplinary records in the wake of the 2019 law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"justice, law","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“KQED is impressed and gratified with the Superior Court’s ruling that the California Department of Corrections and Rehabilitation was moving too slowly,” said Ethan Toven-Lindsey, vice president of news at KQED. “We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.”\u003c/p>\n\u003cp>In early 2019, as part of a \u003ca href=\"https://www.kqed.org/policerecords\">coalition\u003c/a> of news organizations, KQED filed requests with more than 700 law enforcement agencies including CDCR, which employs about 30,000 peace officers, making it the largest in the state. In 2021, after the Legislature \u003ca href=\"https://www.kqed.org/news/11890615/newsom-signs-law-to-strip-badges-from-bad-officers\">expanded access\u003c/a> to police disciplinary records to include cases of discrimination and excessive force, KQED asked for \u003ca href=\"https://www.kqed.org/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers\">those records\u003c/a> as well.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records\">sued\u003c/a> the prison agency in 2022, after it became apparent that at the rate it was going, it would take more than 25 years for CDCR to turn over disclosable peace officer records. In the past year and a half, the agency has sped things up. However, in its most recent motion, the prison agency estimated that it still needs more than nine years to produce an additional 925 incidents that are responsive to KQED’s requests. The agency also stated that it is constrained by an agreement with the California Correctional Peace Officers Association to notify officers before any records are released.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We continue to believe that agencies that refuse or unreasonably delay their compliance with state law must be held accountable.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ethan Toven-Lindsey, vice president of news, KQED","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In his ruling Friday, Arguelles said that CDCR must release all responsive records by 2027 and 40 of KQED’s top priority cases by August.\u003c/p>\n\u003cp>“CDCR appreciates the court’s acknowledgment of the Department’s efforts to work with KQED to prioritize cases and increase staffing to meet its obligations,” the agency’s press secretary Terri Hardy wrote in an email. “CDCR receives a large number of Public Records Act requests each year and remains committed to transparency and refining its process.”\u003c/p>\n\u003cp>So far, the prison agency has released complete records for around 300 use-of-force and misconduct cases that span 2014 through 2021, and partial records for about 80 cases involving officer discrimination.\u003c/p>\n\u003cp>Out of those records, KQED had produced a second season of its award-winning podcast \u003ca href=\"https://www.kqed.org/podcasts/onourwatch\">On Our Watch\u003c/a>. The first season was based on internal police records obtained under the Right to Know Act. The second season focuses on use of force at the state’s most violent prison, California State Prison-Sacramento, also known as New Folsom.\u003c/p>\n\u003cp>KQED found that this prison had three times the rate of serious use-of-force incidents — in which officers seriously injure or shoot at incarcerated people — of any other state prison. The final episode of the series, which traces the footsteps of two whistleblowers who died after reporting misconduct in the prison publishes today.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11982270/kqed-wins-legal-victory-against-california-department-of-corrections-over-public-records","authors":["8676"],"categories":["news_6188","news_28250","news_8"],"tags":["news_1629","news_27626","news_2997","news_9","news_20199","news_33963","news_116"],"featImg":"news_11982294","label":"news"},"news_11966615":{"type":"posts","id":"news_11966615","meta":{"index":"posts_1591205157","site":"news","id":"11966615","score":null,"sort":[1699387243000]},"guestAuthors":[],"slug":"college-student-shot-by-san-jose-police-officer-calls-for-investigation-after-release-of-racist-text-messages","title":"College Student Shot by San José Police Calls for Probe into Racist Texts","publishDate":1699387243,"format":"standard","headTitle":"College Student Shot by San José Police Calls for Probe into Racist Texts | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A man shot by a San José police officer last year renewed calls for a criminal investigation into the shooting after \u003ca href=\"https://www.sjpd.org/Home/Components/News/News/93/262\">the police department released text messages expressing anti-Black racism\u003c/a> allegedly sent by the officer.\u003c/p>\n\u003cp>Oakland resident K’aun Green, who is Black, was shot four times by Mark McNamara in March 2022 after Green disarmed a man inside La Victoria Taqueria in San José. Green, a college football player, was not charged with a crime. He has sued the city and McNamara for civil rights violations.\u003c/p>\n\u003cp>McNamara, who joined the department in 2017, resigned Nov. 1 after being notified of an investigation into his texts, which were released Friday by the San José Police Department. He has not been charged for shooting Green.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"K’aun Green, Oakland resident\"]‘It scares me to know how much hate a person can have in their heart and to know that no matter what I did, I was still gonna be shot.’[/pullquote]On Sunday, Sean Webby, public communications officer at the Santa Clara County Office of the District Attorney, said the office is reviewing its initial investigation. On Monday, the Santa Clara County Public Defender Office said it was in the process of scheduling talks with the district attorney about how McNamara’s text messages might impact criminal cases that relied on his police work.\u003c/p>\n\u003cp>“Given the racist nature of his text messages, we have to assume it is an attitude which he carries deep within his practice,” said Deputy Public Defender Charlie Hendrickson, speaking on behalf of the office.\u003c/p>\n\u003cfigure id=\"attachment_11966602\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11966602\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-800x534.jpg\" alt=\"A person wears a black San José Police jacket in an outdoor setting.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-1536x1025.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-1920x1281.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A person wears a San José Police jacket during a press conference outside the San José Police Department in San José on March 17, 2021. \u003ccite>(Randy Vazquez/MediaNews Group/The Mercury News via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to Green’s attorneys, McNamara, who identifies himself as white in the text messages, claimed in a deposition that he feared for his life when he saw Green holding a gun. Green, 22, said the text messages paint a different picture.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside postID=\"news_11956286,news_11947876,news_11958522\" label=\"Related Stories\"]“It scares me to know how much hate a person can have in their heart and to know that no matter what I did, I was still gonna be shot,” he said. “I went in there to help. I came out looking for help, seeking help from officers — people that are supposed to help me — only to be shot and almost killed.”\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sjpd.org/home/showpublisheddocument/842\">10 pages of messages\u003c/a> sent between McNamara and other unnamed officers include some sent in the hours after the shooting. McNamara appears to reference the incident, writing, “N— wanted to carry a gun in the wild west.” A subsequent text said, “Not on my watch haha.”\u003c/p>\n\u003cp>The names and phone numbers of the people McNamara texted were partially redacted in messages shared by the department. Following a June meeting with Green’s attorneys, some of whom are Black, McNamara again used the N-word when referring to Green.\u003c/p>\n\u003cfigure id=\"attachment_11966601\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11966601\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED-800x619.jpg\" alt=\"Two text exchanges arranged in columns.\" width=\"800\" height=\"619\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED-800x619.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED-160x124.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">On Friday, the San José Police Department released ten pages of text messages involving Officer McNamara, many including racist statements targeting Black people. McNamara has since resigned from the police department. \u003ccite>(Courtesy of Pointer & Buelna, LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There was like 65 African lookin mother fuckers there too. All just mean mugging me and taking notes,” he wrote. “They should all be bowing to me and brining [sic] me gifts since I saved a fellow n— by making him rich as fuck. Otherwise he woulda [sic] lived a life of poverty and crime.”\u003c/p>\n\u003cp>He followed up a few weeks later with, “I hate black people.”\u003c/p>\n\u003cp>The text messages are just the latest in a string of scandals involving Bay Area police sharing racist texts with colleagues. Earlier this year, an \u003ca href=\"https://www.mercurynews.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\">FBI probe into wrongdoing by Antioch and Pittsburg police officers\u003c/a> led to the release of hundreds of racist text messages. Since then, the Contra Costa District Attorney has recommended dismissing at least 30 criminal cases involving police work by the implicated officers.\u003c/p>\n\u003cp>According to San José police, the messages were discovered during an internal affairs investigation into McNamara for an unrelated matter.\u003c/p>\n\u003cfigure id=\"attachment_11966600\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11966600\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED-800x640.jpg\" alt=\"A football game between a team in red and white and another in blue and gold.\" width=\"800\" height=\"640\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED-800x640.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED-160x128.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">K’aun Green plays defensive end on the City College of San Francisco football team. At a press conference on Sunday, he said he has lingering pain in his knee, arm and abdomen from the shooting. Still, he hopes to one day play in the NFL. \u003ccite>(Courtesy of Pointer & Buelna, LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Currently a sophomore at the City College of San Francisco, Green said the shooting has left him shaken. He said videos on social media of police harming Black Americans had already made him weary of law enforcement.\u003c/p>\n\u003cp>“Now it’s way worse,” he said. “I recently just got pulled over before one of my football games, and I was literally shaking. I had to call my mother.”\u003c/p>\n\u003cp>He said playing football, despite lingering pain in his knee and abdomen from the shooting, helps him stay grounded and keeps depression at bay. At Sunday’s press conference, Green’s attorneys, calling on the California Commission on Peace Officer Standards and Training to revoke McNamara’s peace officer certification, criticized the department for not firing McNamara.\u003c/p>\n\u003cfigure id=\"attachment_11966599\" class=\"wp-caption aligncenter\" style=\"max-width: 720px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11966599\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED.jpg\" alt=\"A person with a goatee wears a square academic cap and smiles next to another person.\" width=\"720\" height=\"960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED.jpg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED-160x213.jpg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">K’aun Green graduated from Oakland’s McCymonds High School in 2019. In 2022, he was shot and injured by San José Police while attempting to de-escalate a fight in a San José Taqueria. \u003ccite>(Courtesy of Pointer & Buelna, LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“You have allowed an avowed racist cop an opportunity to go and seek employment in another community just to terrorize another person on another day,” Adante Pointer said.\u003c/p>\n\u003cp>Green said the messages are indicative of a much bigger problem for the department,t which \u003ca href=\"https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/06/29/884622197/4-officers-in-san-jose-calif-put-on-leave-after-racist-social-media-posts-surfac\">placed four officers on leave in 2020 for making racist Facebook posts\u003c/a>. Angel Alexander, an attorney for Green, called for the names of other officers involved in the exchanges to be made public.\u003c/p>\n\u003cp>“These [texts] were not a monologue,” she said. “These were a dialogue between multiple members of the San José Police Department.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>In a statement, the police department said one officer who received messages from McNamara has been put on administrative leave.\u003c/p>\n\n","blocks":[],"excerpt":"A man shot by a San José police officer last year renewed calls for a criminal investigation after the police department released anti-Black text messages allegedly sent by the officer.","status":"publish","parent":0,"modified":1699387114,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":1086},"headData":{"title":"College Student Shot by San José Police Calls for Probe into Racist Texts | KQED","description":"A man shot by a San José police officer last year renewed calls for a criminal investigation after the police department released anti-Black text messages allegedly sent by the officer.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"College Student Shot by San José Police Calls for Probe into Racist Texts","datePublished":"2023-11-07T20:00:43.000Z","dateModified":"2023-11-07T19:58:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11966615/college-student-shot-by-san-jose-police-officer-calls-for-investigation-after-release-of-racist-text-messages","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A man shot by a San José police officer last year renewed calls for a criminal investigation into the shooting after \u003ca href=\"https://www.sjpd.org/Home/Components/News/News/93/262\">the police department released text messages expressing anti-Black racism\u003c/a> allegedly sent by the officer.\u003c/p>\n\u003cp>Oakland resident K’aun Green, who is Black, was shot four times by Mark McNamara in March 2022 after Green disarmed a man inside La Victoria Taqueria in San José. Green, a college football player, was not charged with a crime. He has sued the city and McNamara for civil rights violations.\u003c/p>\n\u003cp>McNamara, who joined the department in 2017, resigned Nov. 1 after being notified of an investigation into his texts, which were released Friday by the San José Police Department. He has not been charged for shooting Green.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It scares me to know how much hate a person can have in their heart and to know that no matter what I did, I was still gonna be shot.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"K’aun Green, Oakland resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>On Sunday, Sean Webby, public communications officer at the Santa Clara County Office of the District Attorney, said the office is reviewing its initial investigation. On Monday, the Santa Clara County Public Defender Office said it was in the process of scheduling talks with the district attorney about how McNamara’s text messages might impact criminal cases that relied on his police work.\u003c/p>\n\u003cp>“Given the racist nature of his text messages, we have to assume it is an attitude which he carries deep within his practice,” said Deputy Public Defender Charlie Hendrickson, speaking on behalf of the office.\u003c/p>\n\u003cfigure id=\"attachment_11966602\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11966602\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-800x534.jpg\" alt=\"A person wears a black San José Police jacket in an outdoor setting.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-1536x1025.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED-1920x1281.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-GETTY-RV-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A person wears a San José Police jacket during a press conference outside the San José Police Department in San José on March 17, 2021. \u003ccite>(Randy Vazquez/MediaNews Group/The Mercury News via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to Green’s attorneys, McNamara, who identifies himself as white in the text messages, claimed in a deposition that he feared for his life when he saw Green holding a gun. Green, 22, said the text messages paint a different picture.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11956286,news_11947876,news_11958522","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It scares me to know how much hate a person can have in their heart and to know that no matter what I did, I was still gonna be shot,” he said. “I went in there to help. I came out looking for help, seeking help from officers — people that are supposed to help me — only to be shot and almost killed.”\u003c/p>\n\u003cp>The \u003ca href=\"http://www.sjpd.org/home/showpublisheddocument/842\">10 pages of messages\u003c/a> sent between McNamara and other unnamed officers include some sent in the hours after the shooting. McNamara appears to reference the incident, writing, “N— wanted to carry a gun in the wild west.” A subsequent text said, “Not on my watch haha.”\u003c/p>\n\u003cp>The names and phone numbers of the people McNamara texted were partially redacted in messages shared by the department. Following a June meeting with Green’s attorneys, some of whom are Black, McNamara again used the N-word when referring to Green.\u003c/p>\n\u003cfigure id=\"attachment_11966601\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11966601\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED-800x619.jpg\" alt=\"Two text exchanges arranged in columns.\" width=\"800\" height=\"619\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED-800x619.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED-160x124.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-04-KQED.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">On Friday, the San José Police Department released ten pages of text messages involving Officer McNamara, many including racist statements targeting Black people. McNamara has since resigned from the police department. \u003ccite>(Courtesy of Pointer & Buelna, LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There was like 65 African lookin mother fuckers there too. All just mean mugging me and taking notes,” he wrote. “They should all be bowing to me and brining [sic] me gifts since I saved a fellow n— by making him rich as fuck. Otherwise he woulda [sic] lived a life of poverty and crime.”\u003c/p>\n\u003cp>He followed up a few weeks later with, “I hate black people.”\u003c/p>\n\u003cp>The text messages are just the latest in a string of scandals involving Bay Area police sharing racist texts with colleagues. Earlier this year, an \u003ca href=\"https://www.mercurynews.com/2023/04/11/exclusive-inside-the-antioch-police-departments-secret-racist-texting-group/\">FBI probe into wrongdoing by Antioch and Pittsburg police officers\u003c/a> led to the release of hundreds of racist text messages. Since then, the Contra Costa District Attorney has recommended dismissing at least 30 criminal cases involving police work by the implicated officers.\u003c/p>\n\u003cp>According to San José police, the messages were discovered during an internal affairs investigation into McNamara for an unrelated matter.\u003c/p>\n\u003cfigure id=\"attachment_11966600\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11966600\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED-800x640.jpg\" alt=\"A football game between a team in red and white and another in blue and gold.\" width=\"800\" height=\"640\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED-800x640.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED-160x128.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-03-KQED.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">K’aun Green plays defensive end on the City College of San Francisco football team. At a press conference on Sunday, he said he has lingering pain in his knee, arm and abdomen from the shooting. Still, he hopes to one day play in the NFL. \u003ccite>(Courtesy of Pointer & Buelna, LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Currently a sophomore at the City College of San Francisco, Green said the shooting has left him shaken. He said videos on social media of police harming Black Americans had already made him weary of law enforcement.\u003c/p>\n\u003cp>“Now it’s way worse,” he said. “I recently just got pulled over before one of my football games, and I was literally shaking. I had to call my mother.”\u003c/p>\n\u003cp>He said playing football, despite lingering pain in his knee and abdomen from the shooting, helps him stay grounded and keeps depression at bay. At Sunday’s press conference, Green’s attorneys, calling on the California Commission on Peace Officer Standards and Training to revoke McNamara’s peace officer certification, criticized the department for not firing McNamara.\u003c/p>\n\u003cfigure id=\"attachment_11966599\" class=\"wp-caption aligncenter\" style=\"max-width: 720px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11966599\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED.jpg\" alt=\"A person with a goatee wears a square academic cap and smiles next to another person.\" width=\"720\" height=\"960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED.jpg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/231106-SAN-JOSE-POLICE-02-KQED-160x213.jpg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">K’aun Green graduated from Oakland’s McCymonds High School in 2019. In 2022, he was shot and injured by San José Police while attempting to de-escalate a fight in a San José Taqueria. \u003ccite>(Courtesy of Pointer & Buelna, LLP)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“You have allowed an avowed racist cop an opportunity to go and seek employment in another community just to terrorize another person on another day,” Adante Pointer said.\u003c/p>\n\u003cp>Green said the messages are indicative of a much bigger problem for the department,t which \u003ca href=\"https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/06/29/884622197/4-officers-in-san-jose-calif-put-on-leave-after-racist-social-media-posts-surfac\">placed four officers on leave in 2020 for making racist Facebook posts\u003c/a>. Angel Alexander, an attorney for Green, called for the names of other officers involved in the exchanges to be made public.\u003c/p>\n\u003cp>“These [texts] were not a monologue,” she said. “These were a dialogue between multiple members of the San José Police Department.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a statement, the police department said one officer who received messages from McNamara has been put on administrative leave.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11966615/college-student-shot-by-san-jose-police-officer-calls-for-investigation-after-release-of-racist-text-messages","authors":["11772"],"categories":["news_8"],"tags":["news_33461","news_27626","news_27942","news_20199","news_22850","news_32002","news_667"],"featImg":"news_11966598","label":"news"},"news_11959051":{"type":"posts","id":"news_11959051","meta":{"index":"posts_1591205157","site":"news","id":"11959051","score":null,"sort":[1692957635000]},"guestAuthors":[],"slug":"the-bays-august-news-roundup-san-jose-strike-averted-henrietta-lacks-family-sues-and-a-mysterious-land-purchase-in-solano-county","title":"The Bay's August News Roundup: San José Strike Averted, Henrietta Lacks’ Family Sues, and A Mysterious Land Purchase in Solano County","publishDate":1692957635,"format":"audio","headTitle":"The Bay’s August News Roundup: San José Strike Averted, Henrietta Lacks’ Family Sues, and A Mysterious Land Purchase in Solano County | KQED","labelTerm":{},"content":"\u003cp dir=\"ltr\">\u003ca href=\"#episode-transcript\">\u003ci>\u003cspan style=\"font-weight: 400\">View the full episode transcript.\u003c/span>\u003c/i>\u003c/a>\u003c/p>\n\u003cp dir=\"ltr\">We bring you 3 stories a week, but there’s so much more that’s happening in the Bay Area than we can get to. Today, Ericka, Maria and Alan each bring a story they’ve been following in a new monthly news roundup segment.\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC6539131865&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp dir=\"ltr\">\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11957208/near-1-billion-land-purchase-around-california-air-base-under-investigation\">Near $1 Billion Land Purchase Around California Air Base Under Investigation\u003c/a>\u003c/p>\n\u003c/li>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11958290/san-jose-city-council-approves-agreements-with-unions-to-avoid-strike\">San Jose City Council Approves Agreements With Unions to Avoid Strike\u003c/a>\u003c/p>\n\u003c/li>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.sfchronicle.com/politics/article/henrietta-lacks-lawsuit-18290615.php\">Henrietta Lacks’ Family Sues Bay Area Company Over Use of Stolen Cells\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/span>\u003c/i>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra. And welcome to The Bay. Local news to keep you rooted. Today I’ve got senior editor Alan Montecillo in the studio with me. Hey, Alan.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Hi.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And I also have our producer, Maria Esquinca. What’s up, Maria?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Hello.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And here’s the deal. We’re kind of doing something a little different today. We only get three slots a week to bring you a story. And there’s so much happening in the Bay Area that we definitely cannot get into. Can you talk a little bit more about that, Maria?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Yeah, so I think three slots sounds like a lot, but there’s a lot going on in the Bay Area, so we don’t always really get to talk about things that we’re really interested about. And so yeah, I think we are all news people and we all have other things that we want to talk about and we thought this would be like a cool idea to bring something a little bit different.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Right. So, today we’re bringing you a little peek into what we call the white board. Alan, can you explain what the white board is or was, I guess?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, until March of 2020, I was a literal white board, and I hold office, which included everything from our plans for the week, you know, meetings that we had to go to and stuff, but really story ideas. The white board is now a Google doc.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Thanks to the pandemic.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Yeah. And so we wanted to just give listeners a peek into some of the other things that each of us individually has been following beyond the sort of three-day-a-week deep-dive kind of storytelling that folks are used to hearing.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>All right. So today, me, Maria and Alan, the Bay team are going to talk about three stories that were on our radars this month. Alan, I will start with you. What story did you pick?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, my story is more of an update to an episode we did earlier this month, and that’s the San Jose City workers strike, or lack thereof. Actually, there was going to be a strike with about 4500 city workers beginning Tuesday the 15th. But at the last minute, the city council and the two unions representing those workers reached a tentative deal and the strike was called off.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And it was actually going to be one of the biggest strikes in the city’s history, right?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Yeah, By some estimates, it would have been the largest strike of that size in San Jose since the 1980s. I mean, it would have been enormous. You’re talking about workers from the airport to the zoo to the libraries, not fire and police and not garbage. But there’s no doubt this strike would have had a huge impact.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, what happened? How did they what was the deal that they came to?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So, there are a number of things in the tentative agreement. I mean, these negotiations are always very complex with pay and benefits. But really the sticking point has always been about wage increases. And so initially the two unions wanted pay increases over three fiscal years of 7%, 6% and 5%. And then the city’s offer was 5%, 4%, 3% over that same period. So seven, six five versus five, four, three. In a literal sense, the two sides really did meet in the middle on this because the agreement that was reached was for 6% the first fiscal year, 5% the second fiscal year, and 4% the next fiscal year.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So, back when we did our episode on this with Guy Marzorati, I remember that the mayor wasn’t exactly too enthused about potentially reaching a deal. I think his concern was reopening the budget. And I think since the deal, he kind of came out with similar sentiments. But I’m curious, where does he stand now and where does the rest of the city council stand in there as well?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Yeah, I mean, I think Mayor Matt Mahan would have been happy if they did reach a deal and the deal stuck at 5% because that’s the number that he really wanted. Now, it’s important to note that the mayor is not the chief decider on this. It’s the city council. And actually that they’re the ones who empower the city manager to negotiate with the unions, I should say, voted to approve this sort of six, five, four compromise. And Mahan came out again and said he wasn’t happy with this deal.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Matt Mahan: \u003c/strong>But our council did not do its job. Our leaders were elected to represent the people and the needs of the people took a backseat.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>He felt like the city couldn’t afford it. He had said in the past that if you go too high, the council would have to go back into the budget that they already approved to try and find the money to reach to go up from that 5% that they budgeted for up to 6%, and that that would mean cuts in important services. But in the end, I mean, Mahan was outvoted. You know, he is the mayor. He’s the most public face of the city. But he was only one vote on the city council. Another council member who was really pushing to bring the council back and negotiate over this was Pam Foley. She said, look, you know, this compromise was necessary to keep city services running.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Pam Foley: \u003c/strong>We really depend on public works, Department of Transportation, Parks and Rec, all of those staff to help make life easier for our residents.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So I’m kind of curious, like what happens next, Alan?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, actually, as we’re taping on this, the union is voting on it right now. They’re widely expected to approve the deal. I mean, workers, that guy kind of circled back with from his original reporting said that they are pleased to see this increase. Assuming the union approves it and the council will have to go back into the budget that they passed and find ways to get up to that 6% pay increase. And we’ll see if what Mayor Mahan says is true, you know, whether or not the council really will need to make cuts in other areas that will harm residents in other ways, or maybe that won’t be the case. Maybe there will be money elsewhere and areas that residents won’t notice. We’ll just have to see how it goes. I mean, you know, budget stuff is is not the most exciting thing, but in the end, it’s about providing services to residents. So we’ll see what happens.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Okay. Now it’s actually my turn. And I’ve got this really interesting story out of Fairfield of Solano County, the 707 say it backwards. Basically, what’s happening is that there is a new land owner in Solano County. Actually, they’re now the biggest land owners in the entire county, and no one knows who they are. So this is a story that was actually first reported by The Wall Street Journal, and it’s about this investment firm called Flannery Associates. And this firm purchased 50,000 acres of land in Solano County for nearly $1,000,000,000, an amount that the investment firm itself has acknowledged is actually way over market value. So they spent a lot of a lot of money on this land. And what’s interesting about this story is that it’s. Not just any land. It’s actually this sort of dry, agricultural, grazing land that now surrounds the Travis Air Force Base on three sides.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>I’m curious, like, what are people saying or talking about?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>It’s actually raising a lot of red flags, especially among lawmakers who represent this area for them, like what’s happening here and the fact that there is so much that we don’t know about who is buying this land is raising a lot of actually national security concerns because of just the significance of Travis Air Force Base. So I have this clip from John Garamendi, who is a Democrat who represents this part of Solano County, just kind of talking about how important Travis Air Force Base is.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>John Garamendi \u003c/strong>Travis Air Force Base is absolutely a critical national defense. The munitions for Ukraine. A lot of that flights out of Travis Air Force Base all the way to Poland. And it is also the gateway to the Pacific. So what’s happening here? We don’t know.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Are there any theories as to who might be behind Flannery? Because that clip you played from Congressman Garamendi suggests that he – I mean, he specifically is suggesting that this is some sort of national security risk.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Right. The Wall Street Journal reported that Flannery had previously told the county that the entity is basically just a bunch of American and European families looking to diversify their portfolio. And The Hill reported that the firm is registered as an agricultural company. We also know from The Wall Street Journal that Flannery is registered actually in Delaware, where I didn’t know this, but L.L.C.’s don’t have to publicly disclose the identity of their owners in Delaware. So, that sort of adds to the like difficulty around figuring out who these people actually are. But yeah, it’s just sort of a weird story.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>It’s spooky.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Actually, the FBI and the Treasury Department and the Department of Defense are all now investigating Flannery and its investments. And the reason why is because there is sort of context to this story, which is that there was a previous attempt by a Chinese owned firm to buy up land in North Dakota. And this was a purchase that the Air Force base there had opposed, citing national security risk. So, there is this fear that being so close to an an Air Force base like Travis kind of sort of opened the door for spying. But KQED has reported that there is no evidence so far to suggest that Flannery has ties with China.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Do we have any idea what these folks want to do with this land?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>The most we know is that earlier this week, the mayor of Fairfield, Catherine Moy, actually posted something on Facebook about how she’s been hearing from Solano County residents about this, a supposed poll that has been sent out by Flannery to Solano County residents that kind of outlines a sort of proposal for what they want to do with the land. And it includes a plan to build tens of thousands of new homes, a large solar energy farm, orchards with over a million new trees and over 10,000 acres of new parks and open space. I mean, I think it’s still kind of unclear what exactly is going to happen with this land. But I think at the end of the day, we still have no idea who is behind Flannery.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>It’s also a little strange that the most info we know is coming from a poll that the mayor is finding out secondhand.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Yeah, definitely. And also it’s kind of strange that this kind of came out on Facebook when there’s also like an FBI and federal investigations into this group. So, yeah, I guess it remains to be seen who exactly is behind Flannery and why are they so interested in Fairfield. So that is my story. Last but not least, Maria. What story is on your radar this month?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So, a story that stood out to me was the story about the family of Henrietta Lacks. They’re suing a Bay Area company called Ultragenyx Pharmaceutical based in Novato.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Henrietta Lacks is a pretty, I’d say pretty famous name, but I don’t know if everyone remembers her story. So can you remind us about that?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>We have to go back to 1951 Henrietta Lacks. She was a black woman at the time that had cervical cancer, and she was being treated for Johns Hopkins. And basically doctors took her cells from her womb without her consent or without her knowledge. And the reason they they did that was because at the time, they were kind of trying to see if cells could survive out of the body. They had not been able to do this with anyone. But Henrietta’s cells were different. She she’s actually described as miraculous. Some people have called her cells an immortal cell line because once they were outside of her body, they didn’t instantly die and they were actually able to reproduce every 24 to 48 hours. Her cells have contributed, I think, to all of our lives. Her cells have been used to create the polio vaccine. They helped create the COVID vaccine. They’ve helped with genetic mapping, cancer care, HIV treatment. But this all happened without her consent. It was a very clear case of medical racism. And her family has obviously very strong feelings about this. One of her granddaughters, Kimberly Lux, spoke about just her grandmother just sitting there not knowing what was going on with her.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Kimberley Lacks: \u003c/strong>I think about my grandmother, as I said before, laying and then hospital room and how they came in there when she had radiation going through her body in horrific pain. But all they were concerned about was taken cell tissues from her body.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So you mentioned that this actually happened to Henrietta at Johns Hopkins, but what connection does the story have to the Bay Area?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So, the connection to the Bay Area is that the family is suing this Bay Area pharmaceutical company that does gene therapy because they argue that they’ve benefited from her cells and they – this is like a multibillion dollar company and they have been successful with a similar case. In 2021, they sued another pharmaceutical company. And this year, actually the beginning of this month, they reached a settlement with that company.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, basically they’re suing this Bay Area company for profiting off of these cells.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Exactly.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Kimberley Lacks: \u003c/strong>Has the family or their attorney said anything about this case specifically against Ultragenyx in Novato?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>No, specifically about ultragenyx. The family attorney ben crump actually was on democracy now! And he does talk about how the lawsuit is based on this idea of genetic justice and this belief that justice should flow from like one family to the next.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Attorney for Henrietta Lacks’ Family: \u003c/strong>If you are unjustly rich from the wrong doing, then you should not be allowed to continue to benefit the pearl of the victim, which is Henrietta Lacks.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>At the time they were specifically talking about this other settlement that just happened, but he did mention that they are that they plan to sue other other pharmaceutical companies.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, that is it for the day’s first ever August news roundup. There’s still so much more on our whiteboard that we did not get to, but at least we got to do three more.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>We be here a long time.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>We be here a real long time. Maria and Alan, thank you all so much.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Thank you.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Thank you.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Before we go, just a little fact check. In this episode, Alan said that the agreement between the city of San Jose and its workers would provide a 4% raise in the fiscal year beginning July 2025. It’s actually 3.5%. Unless the city has a surplus of $10 million or more. If that happens, workers will get 4%. If you’re interested in reading more about the stories that we talked about today, peep the links in our show notes. The Bay is made by senior editor Alan Montecillo, producer Maria Esquinca, and me. Shout out as well to the rest of the podcast squad here at KQED. That’s Jen Chien, the director of podcasts; Katie Sprenger, our podcast operations manager. We also get audience engagement support from César Saldaña. And Holly Kernan is our chief content officer. We’re a production of member-supported, people-powered KQED in San Francisco. Thanks for listening. Peace.\u003c/p>\n\n","blocks":[],"excerpt":"Today, Ericka, Maria and Alan each bring a story they’ve been following in a new monthly news roundup segment.","status":"publish","parent":0,"modified":1700689166,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":3,"wordCount":3058},"headData":{"title":"The Bay's August News Roundup: San José Strike Averted, Henrietta Lacks’ Family Sues, and A Mysterious Land Purchase in Solano County | KQED","description":"Today, Ericka, Maria and Alan each bring a story they’ve been following in a new monthly news roundup segment.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"The Bay's August News Roundup: San José Strike Averted, Henrietta Lacks’ Family Sues, and A Mysterious Land Purchase in Solano County","datePublished":"2023-08-25T10:00:35.000Z","dateModified":"2023-11-22T21:39:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC6539131865.mp3?updated=1692920795","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11959051/the-bays-august-news-roundup-san-jose-strike-averted-henrietta-lacks-family-sues-and-a-mysterious-land-purchase-in-solano-county","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp dir=\"ltr\">\u003ca href=\"#episode-transcript\">\u003ci>\u003cspan style=\"font-weight: 400\">View the full episode transcript.\u003c/span>\u003c/i>\u003c/a>\u003c/p>\n\u003cp dir=\"ltr\">We bring you 3 stories a week, but there’s so much more that’s happening in the Bay Area than we can get to. Today, Ericka, Maria and Alan each bring a story they’ve been following in a new monthly news roundup segment.\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC6539131865&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp dir=\"ltr\">\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11957208/near-1-billion-land-purchase-around-california-air-base-under-investigation\">Near $1 Billion Land Purchase Around California Air Base Under Investigation\u003c/a>\u003c/p>\n\u003c/li>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.kqed.org/news/11958290/san-jose-city-council-approves-agreements-with-unions-to-avoid-strike\">San Jose City Council Approves Agreements With Unions to Avoid Strike\u003c/a>\u003c/p>\n\u003c/li>\n\u003cli dir=\"ltr\">\n\u003cp dir=\"ltr\" role=\"presentation\">\u003ca href=\"https://www.sfchronicle.com/politics/article/henrietta-lacks-lawsuit-18290615.php\">Henrietta Lacks’ Family Sues Bay Area Company Over Use of Stolen Cells\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/span>\u003c/i>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra. And welcome to The Bay. Local news to keep you rooted. Today I’ve got senior editor Alan Montecillo in the studio with me. Hey, Alan.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Hi.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And I also have our producer, Maria Esquinca. What’s up, Maria?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Hello.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And here’s the deal. We’re kind of doing something a little different today. We only get three slots a week to bring you a story. And there’s so much happening in the Bay Area that we definitely cannot get into. Can you talk a little bit more about that, Maria?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Yeah, so I think three slots sounds like a lot, but there’s a lot going on in the Bay Area, so we don’t always really get to talk about things that we’re really interested about. And so yeah, I think we are all news people and we all have other things that we want to talk about and we thought this would be like a cool idea to bring something a little bit different.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Right. So, today we’re bringing you a little peek into what we call the white board. Alan, can you explain what the white board is or was, I guess?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, until March of 2020, I was a literal white board, and I hold office, which included everything from our plans for the week, you know, meetings that we had to go to and stuff, but really story ideas. The white board is now a Google doc.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Thanks to the pandemic.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Yeah. And so we wanted to just give listeners a peek into some of the other things that each of us individually has been following beyond the sort of three-day-a-week deep-dive kind of storytelling that folks are used to hearing.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>All right. So today, me, Maria and Alan, the Bay team are going to talk about three stories that were on our radars this month. Alan, I will start with you. What story did you pick?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, my story is more of an update to an episode we did earlier this month, and that’s the San Jose City workers strike, or lack thereof. Actually, there was going to be a strike with about 4500 city workers beginning Tuesday the 15th. But at the last minute, the city council and the two unions representing those workers reached a tentative deal and the strike was called off.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And it was actually going to be one of the biggest strikes in the city’s history, right?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Yeah, By some estimates, it would have been the largest strike of that size in San Jose since the 1980s. I mean, it would have been enormous. You’re talking about workers from the airport to the zoo to the libraries, not fire and police and not garbage. But there’s no doubt this strike would have had a huge impact.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, what happened? How did they what was the deal that they came to?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>So, there are a number of things in the tentative agreement. I mean, these negotiations are always very complex with pay and benefits. But really the sticking point has always been about wage increases. And so initially the two unions wanted pay increases over three fiscal years of 7%, 6% and 5%. And then the city’s offer was 5%, 4%, 3% over that same period. So seven, six five versus five, four, three. In a literal sense, the two sides really did meet in the middle on this because the agreement that was reached was for 6% the first fiscal year, 5% the second fiscal year, and 4% the next fiscal year.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So, back when we did our episode on this with Guy Marzorati, I remember that the mayor wasn’t exactly too enthused about potentially reaching a deal. I think his concern was reopening the budget. And I think since the deal, he kind of came out with similar sentiments. But I’m curious, where does he stand now and where does the rest of the city council stand in there as well?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Yeah, I mean, I think Mayor Matt Mahan would have been happy if they did reach a deal and the deal stuck at 5% because that’s the number that he really wanted. Now, it’s important to note that the mayor is not the chief decider on this. It’s the city council. And actually that they’re the ones who empower the city manager to negotiate with the unions, I should say, voted to approve this sort of six, five, four compromise. And Mahan came out again and said he wasn’t happy with this deal.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Matt Mahan: \u003c/strong>But our council did not do its job. Our leaders were elected to represent the people and the needs of the people took a backseat.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>He felt like the city couldn’t afford it. He had said in the past that if you go too high, the council would have to go back into the budget that they already approved to try and find the money to reach to go up from that 5% that they budgeted for up to 6%, and that that would mean cuts in important services. But in the end, I mean, Mahan was outvoted. You know, he is the mayor. He’s the most public face of the city. But he was only one vote on the city council. Another council member who was really pushing to bring the council back and negotiate over this was Pam Foley. She said, look, you know, this compromise was necessary to keep city services running.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Pam Foley: \u003c/strong>We really depend on public works, Department of Transportation, Parks and Rec, all of those staff to help make life easier for our residents.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So I’m kind of curious, like what happens next, Alan?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Well, actually, as we’re taping on this, the union is voting on it right now. They’re widely expected to approve the deal. I mean, workers, that guy kind of circled back with from his original reporting said that they are pleased to see this increase. Assuming the union approves it and the council will have to go back into the budget that they passed and find ways to get up to that 6% pay increase. And we’ll see if what Mayor Mahan says is true, you know, whether or not the council really will need to make cuts in other areas that will harm residents in other ways, or maybe that won’t be the case. Maybe there will be money elsewhere and areas that residents won’t notice. We’ll just have to see how it goes. I mean, you know, budget stuff is is not the most exciting thing, but in the end, it’s about providing services to residents. So we’ll see what happens.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Okay. Now it’s actually my turn. And I’ve got this really interesting story out of Fairfield of Solano County, the 707 say it backwards. Basically, what’s happening is that there is a new land owner in Solano County. Actually, they’re now the biggest land owners in the entire county, and no one knows who they are. So this is a story that was actually first reported by The Wall Street Journal, and it’s about this investment firm called Flannery Associates. And this firm purchased 50,000 acres of land in Solano County for nearly $1,000,000,000, an amount that the investment firm itself has acknowledged is actually way over market value. So they spent a lot of a lot of money on this land. And what’s interesting about this story is that it’s. Not just any land. It’s actually this sort of dry, agricultural, grazing land that now surrounds the Travis Air Force Base on three sides.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>I’m curious, like, what are people saying or talking about?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>It’s actually raising a lot of red flags, especially among lawmakers who represent this area for them, like what’s happening here and the fact that there is so much that we don’t know about who is buying this land is raising a lot of actually national security concerns because of just the significance of Travis Air Force Base. So I have this clip from John Garamendi, who is a Democrat who represents this part of Solano County, just kind of talking about how important Travis Air Force Base is.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>John Garamendi \u003c/strong>Travis Air Force Base is absolutely a critical national defense. The munitions for Ukraine. A lot of that flights out of Travis Air Force Base all the way to Poland. And it is also the gateway to the Pacific. So what’s happening here? We don’t know.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Are there any theories as to who might be behind Flannery? Because that clip you played from Congressman Garamendi suggests that he – I mean, he specifically is suggesting that this is some sort of national security risk.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Right. The Wall Street Journal reported that Flannery had previously told the county that the entity is basically just a bunch of American and European families looking to diversify their portfolio. And The Hill reported that the firm is registered as an agricultural company. We also know from The Wall Street Journal that Flannery is registered actually in Delaware, where I didn’t know this, but L.L.C.’s don’t have to publicly disclose the identity of their owners in Delaware. So, that sort of adds to the like difficulty around figuring out who these people actually are. But yeah, it’s just sort of a weird story.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>It’s spooky.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Actually, the FBI and the Treasury Department and the Department of Defense are all now investigating Flannery and its investments. And the reason why is because there is sort of context to this story, which is that there was a previous attempt by a Chinese owned firm to buy up land in North Dakota. And this was a purchase that the Air Force base there had opposed, citing national security risk. So, there is this fear that being so close to an an Air Force base like Travis kind of sort of opened the door for spying. But KQED has reported that there is no evidence so far to suggest that Flannery has ties with China.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Do we have any idea what these folks want to do with this land?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>The most we know is that earlier this week, the mayor of Fairfield, Catherine Moy, actually posted something on Facebook about how she’s been hearing from Solano County residents about this, a supposed poll that has been sent out by Flannery to Solano County residents that kind of outlines a sort of proposal for what they want to do with the land. And it includes a plan to build tens of thousands of new homes, a large solar energy farm, orchards with over a million new trees and over 10,000 acres of new parks and open space. I mean, I think it’s still kind of unclear what exactly is going to happen with this land. But I think at the end of the day, we still have no idea who is behind Flannery.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>It’s also a little strange that the most info we know is coming from a poll that the mayor is finding out secondhand.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Yeah, definitely. And also it’s kind of strange that this kind of came out on Facebook when there’s also like an FBI and federal investigations into this group. So, yeah, I guess it remains to be seen who exactly is behind Flannery and why are they so interested in Fairfield. So that is my story. Last but not least, Maria. What story is on your radar this month?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So, a story that stood out to me was the story about the family of Henrietta Lacks. They’re suing a Bay Area company called Ultragenyx Pharmaceutical based in Novato.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Henrietta Lacks is a pretty, I’d say pretty famous name, but I don’t know if everyone remembers her story. So can you remind us about that?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>We have to go back to 1951 Henrietta Lacks. She was a black woman at the time that had cervical cancer, and she was being treated for Johns Hopkins. And basically doctors took her cells from her womb without her consent or without her knowledge. And the reason they they did that was because at the time, they were kind of trying to see if cells could survive out of the body. They had not been able to do this with anyone. But Henrietta’s cells were different. She she’s actually described as miraculous. Some people have called her cells an immortal cell line because once they were outside of her body, they didn’t instantly die and they were actually able to reproduce every 24 to 48 hours. Her cells have contributed, I think, to all of our lives. Her cells have been used to create the polio vaccine. They helped create the COVID vaccine. They’ve helped with genetic mapping, cancer care, HIV treatment. But this all happened without her consent. It was a very clear case of medical racism. And her family has obviously very strong feelings about this. One of her granddaughters, Kimberly Lux, spoke about just her grandmother just sitting there not knowing what was going on with her.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Kimberley Lacks: \u003c/strong>I think about my grandmother, as I said before, laying and then hospital room and how they came in there when she had radiation going through her body in horrific pain. But all they were concerned about was taken cell tissues from her body.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So you mentioned that this actually happened to Henrietta at Johns Hopkins, but what connection does the story have to the Bay Area?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>So, the connection to the Bay Area is that the family is suing this Bay Area pharmaceutical company that does gene therapy because they argue that they’ve benefited from her cells and they – this is like a multibillion dollar company and they have been successful with a similar case. In 2021, they sued another pharmaceutical company. And this year, actually the beginning of this month, they reached a settlement with that company.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, basically they’re suing this Bay Area company for profiting off of these cells.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Exactly.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Kimberley Lacks: \u003c/strong>Has the family or their attorney said anything about this case specifically against Ultragenyx in Novato?\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>No, specifically about ultragenyx. The family attorney ben crump actually was on democracy now! And he does talk about how the lawsuit is based on this idea of genetic justice and this belief that justice should flow from like one family to the next.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Attorney for Henrietta Lacks’ Family: \u003c/strong>If you are unjustly rich from the wrong doing, then you should not be allowed to continue to benefit the pearl of the victim, which is Henrietta Lacks.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>At the time they were specifically talking about this other settlement that just happened, but he did mention that they are that they plan to sue other other pharmaceutical companies.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, that is it for the day’s first ever August news roundup. There’s still so much more on our whiteboard that we did not get to, but at least we got to do three more.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>We be here a long time.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>We be here a real long time. Maria and Alan, thank you all so much.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Alan Montecillo: \u003c/strong>Thank you.\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Maria Esquinca: \u003c/strong>Thank you.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"font-weight: 400\">\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Before we go, just a little fact check. In this episode, Alan said that the agreement between the city of San Jose and its workers would provide a 4% raise in the fiscal year beginning July 2025. It’s actually 3.5%. Unless the city has a surplus of $10 million or more. If that happens, workers will get 4%. If you’re interested in reading more about the stories that we talked about today, peep the links in our show notes. The Bay is made by senior editor Alan Montecillo, producer Maria Esquinca, and me. Shout out as well to the rest of the podcast squad here at KQED. That’s Jen Chien, the director of podcasts; Katie Sprenger, our podcast operations manager. We also get audience engagement support from César Saldaña. And Holly Kernan is our chief content officer. We’re a production of member-supported, people-powered KQED in San Francisco. Thanks for listening. Peace.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11959051/the-bays-august-news-roundup-san-jose-strike-averted-henrietta-lacks-family-sues-and-a-mysterious-land-purchase-in-solano-county","authors":["8654","11802","11649"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_33082","news_33081","news_20199","news_18541","news_23938","news_2759","news_22598"],"featImg":"news_11959209","label":"source_news_11959051"},"news_11958266":{"type":"posts","id":"news_11958266","meta":{"index":"posts_1591205157","site":"news","id":"11958266","score":null,"sort":[1692183649000]},"guestAuthors":[],"slug":"after-lawsuit-managers-of-defunct-oakland-cannabis-business-dissappeared-overnight","title":"After Lawsuit, Managers of Defunct Oakland Cannabis Business 'Disappeared Overnight'","publishDate":1692183649,"format":"standard","headTitle":"After Lawsuit, Managers of Defunct Oakland Cannabis Business ‘Disappeared Overnight’ | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A Canadian mortgage bank that loaned more than $50 million to a now-defunct Oakland cannabis enterprise has spent months looking for the borrowers who took out the loan.\u003c/p>\n\u003cp>In March, the California branch of Toronto-based lender Romspen sued the three men behind the failed project and one of the companies they operated, called Green Sage, to get its money back.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11908979/a-denver-based-firm-is-using-huge-diesel-generators-to-grow-cannabis-in-east-oakland-now-the-city-is-trying-to-shut-them-down\">The Green Sage enterprise\u003c/a> collapsed late last year after its founders became tangled in a long series of operational problems, partnership disputes and dozens of lawsuits from investors, contractors, tenants and suppliers.\u003c/p>\n\u003cp>The company was also targeted in \u003ca href=\"https://www.kqed.org/news/11918216/environmental-groups-line-up-behind-residents-to-try-to-shut-down-diesel-generators-at-oakland-cannabis-facility\">environmental enforcement actions\u003c/a> and hit with \u003ca href=\"https://s3.documentcloud.org/documents/23905096/edp-v-green-sage-injunction-220823.pdf\">a federal court injunction (PDF)\u003c/a> for using massive, unpermitted diesel generators to provide power to indoor cannabis grows at its two East Oakland warehouses.\u003c/p>\n\u003cp>But even before those issues brought the project down, Green Sage had defaulted on the massive Romspen loan. Last September, the bank foreclosed on the properties.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"https://s3.documentcloud.org/documents/23905019/ric-v-green-sage-et-al.pdf\">Romspen’s lawsuit (PDF)\u003c/a>, filed March 29 by one of the bank’s subsidiaries in federal court in San Francisco, seeks to force the three Green Sage partners to repay the loan.\u003c/p>\n\u003cp>But the action hit a roadblock almost immediately.\u003c/p>\n\u003cp>Court rules require lawsuit defendants to be served with the complaint that lays out the allegations against them along with a summons to make a formal response. To serve the documents, the party filing the suit must be able to find the defendant or a designated representative to physically hand over the required paperwork.[aside postID=\"news_11908979,news_11918216,news_11911263\" label=\"Related Stories\"]The problem for Romspen, \u003ca href=\"https://s3.documentcloud.org/documents/23905094/ric-san-leandro-v-green-sage-et-al-service-by-publication-230718.pdf\">according to recent court filings (PDF)\u003c/a>, is that so far its attorneys have found it impossible to locate two of the three Green Sage partners to serve those documents.\u003c/p>\n\u003cp>The borrowers the attorneys are looking for are Kenneth E. “Kenny” Greer Jr. and Bruce D. Miller, who served as managing partners in the Green Sage enterprise.\u003c/p>\n\u003cp>“The defendants have seemingly disappeared overnight,” the attorneys said in \u003ca href=\"https://s3.documentcloud.org/documents/23905094/ric-san-leandro-v-green-sage-et-al-service-by-publication-230718.pdf\">a June filing (PDF)\u003c/a> that asked a judge to allow the lender to serve Greer and Miller by publishing notices in newspapers in the locales where they are believed to be living. A hearing on the lender’s motion is set to be held on Monday.\u003c/p>\n\u003cp>The filing said process servers and a private investigator had made at least 23 attempts to find the men.\u003c/p>\n\u003cp>They were unsuccessful in locating Miller at addresses linked to him in Colorado, Wyoming and Montana. Efforts to find Greer at two addresses in Colorado and a third in Southern California also failed.\u003c/p>\n\u003cp>The Romspen documents say that in late May, Orange County private investigator William J. Murdoch attempted to track down Greer, who is believed to have an address in San Diego’s La Jolla Shores neighborhood.\u003c/p>\n\u003cp>In \u003ca href=\"https://s3.documentcloud.org/documents/23905093/ric-san-leandro-v-green-sage-et-al-murdoch-declaration-230607.pdf\">a court declaration (PDF)\u003c/a> in June, Murdoch described calling Greer to try to arrange a meeting to serve the Romspen complaint.\u003c/p>\n\u003cblockquote>\u003cp>“When Mr. Greer answered that May 22 phone call, I stated, ‘Hi, is this Kenny?’ to which Mr. Greer said ‘Yes.’ I then introduced myself as a licensed private investigator in possession of legal documents that I needed to serve on Mr. Greer. Mr. Greer then interrupted me, said, ‘I’m sorry,’ and promptly disconnected the call.\u003c/p>\n\u003cp>“I followed up the May 22 phone call by sending a text message that same day to the same phone number identified as Mr. Greer’s personal cell phone stating: ‘Just hear me out, please. We can meet at a coffee shop of your choice in La Jolla. I’m trying to be discrete.’ [sic] As of the date of this motion, Mr. Greer never responded to my text message.”\u003c/p>\u003c/blockquote>\n\u003cp>Romspen’s lawyers confirmed last week they still have not been able to locate Greer and Miller. Greer did not respond to an emailed request for comment on the Romspen allegations. Contact information for Miller was unavailable.\u003c/p>\n\u003cp>Process servers apparently had no trouble serving the third Green Sage partner, Patrick J. Koentges, a general contractor in suburban Denver. He was located and served soon after the case was filed in March.\u003c/p>\n\u003cp>All three Green Sage partners signed guarantees for the $54.5 million loan Romspen granted in August 2019 — cash that was intended to pay off earlier loans and help build out a pair of nearly century-old East Oakland warehouses the company was already describing on its website as “state-of-the-art” cannabis facilities.\u003c/p>\n\u003cp>Green Sage spent about $20 million raised from investors to buy the properties on San Leandro Street in East Oakland in 2016 and 2017. The company’s plan was to turn them into a major cannabis production, processing and distribution center.\u003c/p>\n\u003cp>The project would involve retrofitting the early-20th-century buildings for power-intensive indoor pot cultivation, then leasing space to entrepreneurs eager to get into the newly legal California cannabis market.\u003c/p>\n\u003cp>The plan soon ran into obstacles.\u003c/p>\n\u003cp>The biggest of those was the fact the two buildings didn’t have sufficient electrical supply to power the planned cannabis grows. As operations expanded at the properties, the existing transformers failed.\u003c/p>\n\u003cp>To keep the grow lights on, Green Sage began installing semi-trailer-sized diesel generators without obtaining the needed permits from the city or the Bay Area Air Quality Management District. The air district ordered the generators shut down at about the same time Oakland’s Environmental Democracy Project won a federal Clean Air Act injunction against Green Sage.\u003c/p>\n\u003cp>The company has faced other legal troubles as well.\u003c/p>\n\u003cp>Between January 2018, when the Green Sage project was just getting started, and the end of June 2023, the company, its officers and related companies were sued at least 32 times. Two dozen of those actions — from contractors, suppliers, tenants, a law firm that represented the company in one case, an Oakland community environmental group and the air district, among others — were filed in Alameda County Superior Court. The company has also faced suits filed in Colorado, Nevada, Virginia and South Carolina.\u003c/p>\n\u003cp>\u003ca href=\"https://s3.documentcloud.org/documents/23905076/united-rentals-v-green-sage-management-denver-county-district-court-230627.pdf\">The most recent suit (PDF)\u003c/a> was filed in June in Denver by United Rentals, one of the companies that leased diesel generators to Green Sage. The firm is seeking $1.75 million in rental charges it says Green Sage failed to pay.\u003c/p>\n\u003cp>Although Romspen’s efforts have failed to find Greer, he has recently resurfaced — online, at least — as the managing partner of a new venture. Colorado Secretary of State records show that he registered a firm called \u003ca href=\"https://cresswellcapital.com/team\">Cresswell Capital LLC \u003c/a>on July 31.\u003c/p>\n\u003cp>On \u003ca href=\"https://www.linkedin.com/in/kengreer1/\">his LinkedIn page\u003c/a>, Greer explains that Cresswell’s goal is “to acquire one exceptional company. We provide an opportunity for an owner to secure a meaningful exit, while entrusting their life’s work to a partner who will respect and preserve their legacy.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The Creswell website, with a domain name also registered July 31, lists the same Denver “virtual office” address and phone number that Greer and various Green Sage entities have used.\u003c/p>\n\n","blocks":[],"excerpt":"A Canadian mortgage bank loaned $54.5 million to a failed cannabis business called Green Sage. It's suing to get its money back, but has only found 1 of the 3 men who borrowed the money.","status":"publish","parent":0,"modified":1692141416,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1198},"headData":{"title":"After Lawsuit, Managers of Defunct Oakland Cannabis Business 'Disappeared Overnight' | KQED","description":"A Canadian mortgage bank loaned $54.5 million to a failed cannabis business called Green Sage. It's suing to get its money back, but has only found 1 of the 3 men who borrowed the money.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"After Lawsuit, Managers of Defunct Oakland Cannabis Business 'Disappeared Overnight'","datePublished":"2023-08-16T11:00:49.000Z","dateModified":"2023-08-15T23:16:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11958266/after-lawsuit-managers-of-defunct-oakland-cannabis-business-dissappeared-overnight","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Canadian mortgage bank that loaned more than $50 million to a now-defunct Oakland cannabis enterprise has spent months looking for the borrowers who took out the loan.\u003c/p>\n\u003cp>In March, the California branch of Toronto-based lender Romspen sued the three men behind the failed project and one of the companies they operated, called Green Sage, to get its money back.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11908979/a-denver-based-firm-is-using-huge-diesel-generators-to-grow-cannabis-in-east-oakland-now-the-city-is-trying-to-shut-them-down\">The Green Sage enterprise\u003c/a> collapsed late last year after its founders became tangled in a long series of operational problems, partnership disputes and dozens of lawsuits from investors, contractors, tenants and suppliers.\u003c/p>\n\u003cp>The company was also targeted in \u003ca href=\"https://www.kqed.org/news/11918216/environmental-groups-line-up-behind-residents-to-try-to-shut-down-diesel-generators-at-oakland-cannabis-facility\">environmental enforcement actions\u003c/a> and hit with \u003ca href=\"https://s3.documentcloud.org/documents/23905096/edp-v-green-sage-injunction-220823.pdf\">a federal court injunction (PDF)\u003c/a> for using massive, unpermitted diesel generators to provide power to indoor cannabis grows at its two East Oakland warehouses.\u003c/p>\n\u003cp>But even before those issues brought the project down, Green Sage had defaulted on the massive Romspen loan. Last September, the bank foreclosed on the properties.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://s3.documentcloud.org/documents/23905019/ric-v-green-sage-et-al.pdf\">Romspen’s lawsuit (PDF)\u003c/a>, filed March 29 by one of the bank’s subsidiaries in federal court in San Francisco, seeks to force the three Green Sage partners to repay the loan.\u003c/p>\n\u003cp>But the action hit a roadblock almost immediately.\u003c/p>\n\u003cp>Court rules require lawsuit defendants to be served with the complaint that lays out the allegations against them along with a summons to make a formal response. To serve the documents, the party filing the suit must be able to find the defendant or a designated representative to physically hand over the required paperwork.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11908979,news_11918216,news_11911263","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The problem for Romspen, \u003ca href=\"https://s3.documentcloud.org/documents/23905094/ric-san-leandro-v-green-sage-et-al-service-by-publication-230718.pdf\">according to recent court filings (PDF)\u003c/a>, is that so far its attorneys have found it impossible to locate two of the three Green Sage partners to serve those documents.\u003c/p>\n\u003cp>The borrowers the attorneys are looking for are Kenneth E. “Kenny” Greer Jr. and Bruce D. Miller, who served as managing partners in the Green Sage enterprise.\u003c/p>\n\u003cp>“The defendants have seemingly disappeared overnight,” the attorneys said in \u003ca href=\"https://s3.documentcloud.org/documents/23905094/ric-san-leandro-v-green-sage-et-al-service-by-publication-230718.pdf\">a June filing (PDF)\u003c/a> that asked a judge to allow the lender to serve Greer and Miller by publishing notices in newspapers in the locales where they are believed to be living. A hearing on the lender’s motion is set to be held on Monday.\u003c/p>\n\u003cp>The filing said process servers and a private investigator had made at least 23 attempts to find the men.\u003c/p>\n\u003cp>They were unsuccessful in locating Miller at addresses linked to him in Colorado, Wyoming and Montana. Efforts to find Greer at two addresses in Colorado and a third in Southern California also failed.\u003c/p>\n\u003cp>The Romspen documents say that in late May, Orange County private investigator William J. Murdoch attempted to track down Greer, who is believed to have an address in San Diego’s La Jolla Shores neighborhood.\u003c/p>\n\u003cp>In \u003ca href=\"https://s3.documentcloud.org/documents/23905093/ric-san-leandro-v-green-sage-et-al-murdoch-declaration-230607.pdf\">a court declaration (PDF)\u003c/a> in June, Murdoch described calling Greer to try to arrange a meeting to serve the Romspen complaint.\u003c/p>\n\u003cblockquote>\u003cp>“When Mr. Greer answered that May 22 phone call, I stated, ‘Hi, is this Kenny?’ to which Mr. Greer said ‘Yes.’ I then introduced myself as a licensed private investigator in possession of legal documents that I needed to serve on Mr. Greer. Mr. Greer then interrupted me, said, ‘I’m sorry,’ and promptly disconnected the call.\u003c/p>\n\u003cp>“I followed up the May 22 phone call by sending a text message that same day to the same phone number identified as Mr. Greer’s personal cell phone stating: ‘Just hear me out, please. We can meet at a coffee shop of your choice in La Jolla. I’m trying to be discrete.’ [sic] As of the date of this motion, Mr. Greer never responded to my text message.”\u003c/p>\u003c/blockquote>\n\u003cp>Romspen’s lawyers confirmed last week they still have not been able to locate Greer and Miller. Greer did not respond to an emailed request for comment on the Romspen allegations. Contact information for Miller was unavailable.\u003c/p>\n\u003cp>Process servers apparently had no trouble serving the third Green Sage partner, Patrick J. Koentges, a general contractor in suburban Denver. He was located and served soon after the case was filed in March.\u003c/p>\n\u003cp>All three Green Sage partners signed guarantees for the $54.5 million loan Romspen granted in August 2019 — cash that was intended to pay off earlier loans and help build out a pair of nearly century-old East Oakland warehouses the company was already describing on its website as “state-of-the-art” cannabis facilities.\u003c/p>\n\u003cp>Green Sage spent about $20 million raised from investors to buy the properties on San Leandro Street in East Oakland in 2016 and 2017. The company’s plan was to turn them into a major cannabis production, processing and distribution center.\u003c/p>\n\u003cp>The project would involve retrofitting the early-20th-century buildings for power-intensive indoor pot cultivation, then leasing space to entrepreneurs eager to get into the newly legal California cannabis market.\u003c/p>\n\u003cp>The plan soon ran into obstacles.\u003c/p>\n\u003cp>The biggest of those was the fact the two buildings didn’t have sufficient electrical supply to power the planned cannabis grows. As operations expanded at the properties, the existing transformers failed.\u003c/p>\n\u003cp>To keep the grow lights on, Green Sage began installing semi-trailer-sized diesel generators without obtaining the needed permits from the city or the Bay Area Air Quality Management District. The air district ordered the generators shut down at about the same time Oakland’s Environmental Democracy Project won a federal Clean Air Act injunction against Green Sage.\u003c/p>\n\u003cp>The company has faced other legal troubles as well.\u003c/p>\n\u003cp>Between January 2018, when the Green Sage project was just getting started, and the end of June 2023, the company, its officers and related companies were sued at least 32 times. Two dozen of those actions — from contractors, suppliers, tenants, a law firm that represented the company in one case, an Oakland community environmental group and the air district, among others — were filed in Alameda County Superior Court. The company has also faced suits filed in Colorado, Nevada, Virginia and South Carolina.\u003c/p>\n\u003cp>\u003ca href=\"https://s3.documentcloud.org/documents/23905076/united-rentals-v-green-sage-management-denver-county-district-court-230627.pdf\">The most recent suit (PDF)\u003c/a> was filed in June in Denver by United Rentals, one of the companies that leased diesel generators to Green Sage. The firm is seeking $1.75 million in rental charges it says Green Sage failed to pay.\u003c/p>\n\u003cp>Although Romspen’s efforts have failed to find Greer, he has recently resurfaced — online, at least — as the managing partner of a new venture. Colorado Secretary of State records show that he registered a firm called \u003ca href=\"https://cresswellcapital.com/team\">Cresswell Capital LLC \u003c/a>on July 31.\u003c/p>\n\u003cp>On \u003ca href=\"https://www.linkedin.com/in/kengreer1/\">his LinkedIn page\u003c/a>, Greer explains that Cresswell’s goal is “to acquire one exceptional company. We provide an opportunity for an owner to secure a meaningful exit, while entrusting their life’s work to a partner who will respect and preserve their legacy.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Creswell website, with a domain name also registered July 31, lists the same Denver “virtual office” address and phone number that Greer and various Green Sage entities have used.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11958266/after-lawsuit-managers-of-defunct-oakland-cannabis-business-dissappeared-overnight","authors":["222"],"categories":["news_8"],"tags":["news_32364","news_31394","news_33027","news_27626","news_30801","news_20199"],"featImg":"news_11920798","label":"news"},"news_11927577":{"type":"posts","id":"news_11927577","meta":{"index":"posts_1591205157","site":"news","id":"11927577","score":null,"sort":[1664974834000]},"guestAuthors":[],"slug":"kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records","title":"KQED Sues California Department of Corrections for Records on Staff Use of Force and Misconduct","publishDate":1664974834,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>KQED is suing the California Department of Corrections and Rehabilitation to compel the agency to comply with state law enforcement transparency laws. The prison agency’s response to KQED’s requests for public records “has been both wildly delayed and seriously insufficient,” the complaint alleges.\u003c/p>\n\u003cp>CDCR did not respond to a request for comment on the filing.\u003c/p>\n\u003cp>Four years ago, Gov. Jerry Brown \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">signed Senate Bill 1421\u003c/a>, the landmark “Right to Know” police transparency act, which provides public access to records related to internal investigations into serious use of force, dishonesty and sexual misconduct by peace officers. Last year, the Legislature imposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB16&showamends=false\">a 45-day deadline on agencies to provide records\u003c/a> in response to requests.\u003c/p>\n\u003cp>KQED’s suit comes after more than three and a half years of correspondence between CDCR, the largest employer of peace officers in the state, and The California Reporting Project, a statewide coalition of news organizations. The coalition requested records of internal investigations dating back to 2014.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>CDCR has provided complete files for around 260 cases of dishonesty, \u003ca href=\"https://www.kqed.org/news/11786495/metoo-behind-bars-new-records-shed-light-on-sexual-abuse-inside-state-womens-prisons\">sexual assault\u003c/a> and use of force by prison guards. But the prison agency still hasn’t made public any reports of deadly force or serious misconduct after 2019.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11908340,news_11695714,news_11786495\"]CDCR has said that its disclosure of all cases between 2014 and 2019 is complete. But KQED has uncovered at least 10 incidents before 2019 in which officers were found to have lied and/or seriously injured incarcerated people that the agency failed to disclose.\u003c/p>\n\u003cp>Additionally, declarations signed in a lawsuit brought by Rosen Bien Galvan & Grunfeld on behalf of incarcerated disabled people detail dozens of incidents alleging officers broke their ribs or their eye sockets or severely injured them in other ways. Only one of those incidents was disclosed to KQED by the department.\u003c/p>\n\u003cp>The agency’s disregard for statutory deadlines, illegal redactions and hidden incidents leaves KQED with “no choice but to file this action,” the complaint filed Tuesday in Sacramento County Superior Court said.\u003c/p>\n\u003cp>“It’s an outrage that they have not adopted sufficient systems and processes for full compliance,” said David Loy, legal director for the First Amendment Coalition, a nonprofit public interest organization that advocated for SB 1421. “Transparency is the oxygen of accountability, and delayed disclosure can be as bad as no disclosure.”\u003c/p>\n\u003cp>CDCR has “been responsive to all of KQED’s questions and records requests,” spokesperson Dana Simas said in an email before the suit was filed. She said the agency will “continue to work through several years of disciplinary records, make redactions to hundreds of thousands of pages of documents, and provide documents to numerous entities.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"David Loy, legal director, First Amendment Coalition\"]'Transparency is the oxygen of accountability, and delayed disclosure can be as bad as no disclosure.'[/pullquote]Simas did not respond to questions about how the public records unit has been staffed or how it prepared for the new deadlines set by the Legislature. She also did not answer specific questions about how cases discovered by KQED were overlooked by the unit.\u003c/p>\n\u003cp>CDCR has a month to respond after being served with KQED’s complaint.\u003c/p>\n\u003cp>One internal investigation that, KQED’s reporting uncovered, was withheld by the agency occurred in 2016, when officers severely beat two men incarcerated at the California Correctional Institution in Tehachapi, and then attempted to cover up the beatings. According to documents obtained from the state’s inspector general of prisons through a public records request, \u003ca href=\"https://www.documentcloud.org/documents/23077328-72016-cci-case-docs\">in that instance at least 12 officers, four sergeants and three lieutenants were disciplined or fired\u003c/a> for a range of misconduct, including excessive force, dishonesty and engaging in a “code of silence.”\u003c/p>\n\u003cp>The trouble started on July 20, 2016, when officers in the receiving area at the state prison in Tehachapi, a city about 35 miles east of Bakersfield, started handing out hot meals to 23 men who had just arrived from another prison. The officers didn’t give the men, who were being held in holding cages, any utensils to eat with.\u003c/p>\n\u003cp>One man, Richard Carrasco, told officers the incarcerated men shouldn’t have to eat like dogs or animals, according to court records. Officer Johnny Cababe told Carrasco he didn’t have to eat at all. In response, Carrasco challenged Cababe to open his cage door.\u003c/p>\n\u003cp>The officer took the bait, according to court records.\u003c/p>\n\u003cp>“I remember the look on the inmate’s face when he looked at us like, ‘Oh, crap, I shouldn’t have opened my mouth,’” Joshua Heckathorn, who was among the men being held in the receiving area that day, said in a recent phone interview from Kern Valley State Prison, where he is now held.\u003c/p>\n\u003cp>Heckathorn, who was sent to prison for attempted murder in 2010, said Tehachapi’s correctional officers had a reputation for violence and corruption, but he “didn’t trip on it” until he saw what the officers did to Carrasco.\u003c/p>\n\u003cp>As Cababe and Carrasco fought, other correctional officers joined in beating the incarcerated man with their batons while pepper-spraying him. After he was handcuffed, Sgt. Robert Ruiz kicked him in the neck, back and stomach, according to \u003ca href=\"https://www.documentcloud.org/documents/23109882-carrascocomplaint\">a lawsuit filed by Carrasco\u003c/a>. The officers severely injured his spine and he permanently lost vision in one eye, the lawsuit states.\u003c/p>\n\u003cfigure id=\"attachment_11927595\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn.png\">\u003cimg class=\"size-medium wp-image-11927595\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn-800x590.png\" alt=\"a diagram of injuries\" width=\"800\" height=\"590\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn-800x590.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn-160x118.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn.png 968w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Medical staff diagrammed the injuries an incarcerated man named Joshua Heckathorn received at the hands of Tehachapi prison officers on July 20, 2016. Both his hands were fractured, and he needed 13 staples to close the wound on his head. \u003ccite>(Courtesy of Mark Redmond)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Heckathorn, who has asthma, struggled to breathe once the pepper spray the officers released worked its way into his lungs. Heckathorn alleged that Ruiz mocked him and told him to “stop crying like a girl.”\u003c/p>\n\u003cp>“I passed out a couple times,” Heckathorn said, recalling how his body slumped against the sides of the narrow cage that had only enough room to stand in.\u003c/p>\n\u003cp>At some point a nurse was brought in to check the then-29-year-old as Ruiz continued to mock him, Heckathorn said.\u003c/p>\n\u003cp>“So I said, ‘Do you think my life’s a joke or what?’” Heckathorn recalled.\u003c/p>\n\u003cp>Ruiz threw his sunglasses on the ground and, Heckathorn said, came toward him with his “fist balled up.” Jumping up, Heckathorn said he ripped off his blood pressure cuff and met the sergeant halfway.\u003c/p>\n\u003cp>“It just exploded from there,” said Heckathorn, who told KQED that he fought with Ruiz and a handful of other officers until he couldn’t fight back any more. One of the guards split his head open with a baton, Heckathorn said, and he lost consciousness.\u003c/p>\n\u003cp>“I can hear it tear my scalp open,” he said.\u003c/p>\n\u003cp>Officers continued to beat Heckathorn after he was on the ground and handcuffed, according to court filings. Heckathorn said he doesn’t know how long the beating lasted because he kept passing out.\u003c/p>\n\u003cp>“I remember the third time I woke up, I had handcuffs on behind my back, and they were just hitting my hands, only my hands with the stick as hard as they can,” he said.\u003c/p>\n\u003cp>Then a sergeant shot Heckathorn point-blank in the leg with a less-lethal rubber bullet, tearing his leg open. Both of his hands were broken, and the injuries to his head and leg were stapled shut at the hospital, medical records show.\u003c/p>\n\u003cfigure id=\"attachment_11927604\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14.jpg\">\u003cimg class=\"size-medium wp-image-11927604\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-800x1035.jpg\" alt=\"a medical record photo showing the back of a man's head with staples\" width=\"800\" height=\"1035\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-800x1035.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-1020x1320.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-160x207.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-1187x1536.jpg 1187w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-1583x2048.jpg 1583w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14.jpg 1700w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Medical records show staples on the back of Joshua Heckathorn's head, due to injuries he received at the hands of Tehachapi prison officers on July 20, 2016. \u003ccite>(Courtesy of Mark Redmond)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The incident was described very differently in official reports, documents obtained from the inspector general of prisons show.\u003c/p>\n\u003cp>Capt. Edward Yett, whose job it was to review the incident, found the official reports, which justified the use of force, had “inconsistencies” with what incarcerated witnesses said happened, according to emails between the warden and a sergeant.\u003c/p>\n\u003cp>The officer whom Heckathorn said shot him in his leg wrote it up as an accidental discharge. And the names of some officers who were there were missing from official reports entirely.\u003c/p>\n\u003cp>Yett put in a request for internal affairs to take a look at the case. A couple of weeks later, records show that Yett found his vehicle in the prison parking lot with the word “rat” written in dust.\u003c/p>\n\u003cp>CDCR’s office of internal affairs investigated 21 correctional officers and three nurses, according to documents from the inspector general of prisons. The investigation concluded that officers failed to report use of force, wrote false information in reports, falsified logs and lied in interviews.\u003c/p>\n\u003cp>Warden John Garza was transferred to a prison in Bakersfield, where he ran things until he was arrested for the \u003ca href=\"https://www.facebook.com/SJCDA/posts/1804165879630077\">solicitation of prostitution\u003c/a> in 2018.\u003c/p>\n\u003cp>Attorneys for the involved officers either did not respond or declined requests for comment. Four officers appealed their firing all the way to the superior court in Sacramento. KQED discovered the incident through those petitions, the last of which a judge heard in August. A final decision in that case is still pending. The other three appeals were denied.\u003c/p>\n\u003cp>A lieutenant and seven officers — including Cababe, who opened the cage door to fight Carrasco — were fired, according to court records and documents from the inspector general of prisons. CDCR settled with Ruiz, another sergeant and two officers, allowing them to resign. Three officers, two sergeants and two lieutenants were suspended or had their pay cut, but kept their jobs.\u003c/p>\n\u003cfigure id=\"attachment_11927602\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage.jpg\">\u003cimg class=\"size-medium wp-image-11927602\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage-800x525.jpg\" alt=\"a car window with the word 'rat' written in dust\" width=\"800\" height=\"525\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage-800x525.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage-160x105.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage.jpg 1020w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Capt. Edward Yett’s vehicle with the word 'rat' written in dust. Yett asked internal affairs to open an investigation into the July 20, 2016, incident after he found inconsistencies in officers' reports. \u003ccite>(Courtesy of California's inspector general of prisons)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We took swift and significant action to hold all culpable staff accountable for their involvement in this incident,” CDCR spokesperson Simas wrote in an email. “This incident was abhorrent and in complete conflict with the way that we train our officers and staff.”\u003c/p>\n\u003cp>CDCR also sent the case to the Kern County district attorney, recommending that more than a dozen officers and their supervisors be charged with crimes ranging from writing false reports to battery and inhumanity to prisoners. The civil rights division of the U.S. Department of Justice also reviewed the case. \u003ca href=\"https://www.documentcloud.org/documents/23109909-lewisescalantepointsandauthorities\">Both agencies declined to file charges against the correctional staff\u003c/a>, according to court filings. The DA said “there was insufficient evidence” to prove the charges. The DOJ didn’t respond to requests for comment.\u003c/p>\n\u003cp>Heckathorn was written up for battery on a peace officer with a deadly weapon. According to the rules violation report written by Ruiz, Heckathorn grabbed an officer’s baton during the fight, hitting another officer on the head with it. Heckathorn said he never had a weapon. He said he was put in solitary housing for about 16 months.\u003c/p>\n\u003cp>Heckathorn filed grievances against the officers, which were denied. While in solitary, he got in touch with attorney Mark Redmond, who agreed to help him file a civil suit.\u003c/p>\n\u003cp>Redmond said the agency moved to resolve the case quickly, settling with Heckathorn in 2018 for $575,000. The agency paid out $400,000 to Carrasco in late 2020.\u003c/p>\n\u003cp>“Sometimes, defense is wise enough to know how bad the skeletons are,” Redmond said.\u003c/p>\n\u003cp>Heckathorn, who said he’d always wondered why no one asked about his story sooner, believes the officers who beat him should have been criminally charged.\u003c/p>\n\u003cp>“You’re a correction officer, and you take an oath, and you’re just betraying that oath,” he said. “You’re supposed to protect us. You’re not supposed to try to kill us.”\u003c/p>\n\u003cp>\u003cem>Special thanks to KQED’s Julie Small, and to Will Jenkins, Julietta Bisharyan and Armon Owlia, students at UC Berkeley Graduate School of Journalism's Investigative Reporting Program, for their work sifting through the records CDCR provided.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was produced with The California Reporting Project, a coalition of 40 news organizations across the state, including KQED, UC Berkeley's Investigative Reporting Program and Stanford University's Big Local News. The project was formed in 2018 to request and report on previously secret records of law enforcement misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"KQED's suit alleges that the department has failed to comply with the state's 'Right to Know' law, meant to provide public access to internal investigations into serious use of force, dishonesty and sexual misconduct by peace officers.","status":"publish","parent":0,"modified":1665600137,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":49,"wordCount":2125},"headData":{"title":"KQED Sues California Department of Corrections for Records on Staff Use of Force and Misconduct | KQED","description":"KQED's suit alleges that the department has failed to comply with the state's 'Right to Know' law, meant to provide public access to internal investigations into serious use of force, dishonesty and sexual misconduct by peace officers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"KQED Sues California Department of Corrections for Records on Staff Use of Force and Misconduct","datePublished":"2022-10-05T13:00:34.000Z","dateModified":"2022-10-12T18:42:17.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11927577 https://ww2.kqed.org/news/?p=11927577","disqusUrl":"https://ww2.kqed.org/news/2022/10/05/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records/","disqusTitle":"KQED Sues California Department of Corrections for Records on Staff Use of Force and Misconduct","excludeFromSiteSearch":"Include","path":"/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>KQED is suing the California Department of Corrections and Rehabilitation to compel the agency to comply with state law enforcement transparency laws. The prison agency’s response to KQED’s requests for public records “has been both wildly delayed and seriously insufficient,” the complaint alleges.\u003c/p>\n\u003cp>CDCR did not respond to a request for comment on the filing.\u003c/p>\n\u003cp>Four years ago, Gov. Jerry Brown \u003ca href=\"https://www.kqed.org/news/11695714/new-state-laws-reduce-secrecy-around-police-misconduct-shootings\">signed Senate Bill 1421\u003c/a>, the landmark “Right to Know” police transparency act, which provides public access to records related to internal investigations into serious use of force, dishonesty and sexual misconduct by peace officers. Last year, the Legislature imposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202120220SB16&showamends=false\">a 45-day deadline on agencies to provide records\u003c/a> in response to requests.\u003c/p>\n\u003cp>KQED’s suit comes after more than three and a half years of correspondence between CDCR, the largest employer of peace officers in the state, and The California Reporting Project, a statewide coalition of news organizations. The coalition requested records of internal investigations dating back to 2014.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>CDCR has provided complete files for around 260 cases of dishonesty, \u003ca href=\"https://www.kqed.org/news/11786495/metoo-behind-bars-new-records-shed-light-on-sexual-abuse-inside-state-womens-prisons\">sexual assault\u003c/a> and use of force by prison guards. But the prison agency still hasn’t made public any reports of deadly force or serious misconduct after 2019.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11908340,news_11695714,news_11786495"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>CDCR has said that its disclosure of all cases between 2014 and 2019 is complete. But KQED has uncovered at least 10 incidents before 2019 in which officers were found to have lied and/or seriously injured incarcerated people that the agency failed to disclose.\u003c/p>\n\u003cp>Additionally, declarations signed in a lawsuit brought by Rosen Bien Galvan & Grunfeld on behalf of incarcerated disabled people detail dozens of incidents alleging officers broke their ribs or their eye sockets or severely injured them in other ways. Only one of those incidents was disclosed to KQED by the department.\u003c/p>\n\u003cp>The agency’s disregard for statutory deadlines, illegal redactions and hidden incidents leaves KQED with “no choice but to file this action,” the complaint filed Tuesday in Sacramento County Superior Court said.\u003c/p>\n\u003cp>“It’s an outrage that they have not adopted sufficient systems and processes for full compliance,” said David Loy, legal director for the First Amendment Coalition, a nonprofit public interest organization that advocated for SB 1421. “Transparency is the oxygen of accountability, and delayed disclosure can be as bad as no disclosure.”\u003c/p>\n\u003cp>CDCR has “been responsive to all of KQED’s questions and records requests,” spokesperson Dana Simas said in an email before the suit was filed. She said the agency will “continue to work through several years of disciplinary records, make redactions to hundreds of thousands of pages of documents, and provide documents to numerous entities.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Transparency is the oxygen of accountability, and delayed disclosure can be as bad as no disclosure.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"David Loy, legal director, First Amendment Coalition","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Simas did not respond to questions about how the public records unit has been staffed or how it prepared for the new deadlines set by the Legislature. She also did not answer specific questions about how cases discovered by KQED were overlooked by the unit.\u003c/p>\n\u003cp>CDCR has a month to respond after being served with KQED’s complaint.\u003c/p>\n\u003cp>One internal investigation that, KQED’s reporting uncovered, was withheld by the agency occurred in 2016, when officers severely beat two men incarcerated at the California Correctional Institution in Tehachapi, and then attempted to cover up the beatings. According to documents obtained from the state’s inspector general of prisons through a public records request, \u003ca href=\"https://www.documentcloud.org/documents/23077328-72016-cci-case-docs\">in that instance at least 12 officers, four sergeants and three lieutenants were disciplined or fired\u003c/a> for a range of misconduct, including excessive force, dishonesty and engaging in a “code of silence.”\u003c/p>\n\u003cp>The trouble started on July 20, 2016, when officers in the receiving area at the state prison in Tehachapi, a city about 35 miles east of Bakersfield, started handing out hot meals to 23 men who had just arrived from another prison. The officers didn’t give the men, who were being held in holding cages, any utensils to eat with.\u003c/p>\n\u003cp>One man, Richard Carrasco, told officers the incarcerated men shouldn’t have to eat like dogs or animals, according to court records. Officer Johnny Cababe told Carrasco he didn’t have to eat at all. In response, Carrasco challenged Cababe to open his cage door.\u003c/p>\n\u003cp>The officer took the bait, according to court records.\u003c/p>\n\u003cp>“I remember the look on the inmate’s face when he looked at us like, ‘Oh, crap, I shouldn’t have opened my mouth,’” Joshua Heckathorn, who was among the men being held in the receiving area that day, said in a recent phone interview from Kern Valley State Prison, where he is now held.\u003c/p>\n\u003cp>Heckathorn, who was sent to prison for attempted murder in 2010, said Tehachapi’s correctional officers had a reputation for violence and corruption, but he “didn’t trip on it” until he saw what the officers did to Carrasco.\u003c/p>\n\u003cp>As Cababe and Carrasco fought, other correctional officers joined in beating the incarcerated man with their batons while pepper-spraying him. After he was handcuffed, Sgt. Robert Ruiz kicked him in the neck, back and stomach, according to \u003ca href=\"https://www.documentcloud.org/documents/23109882-carrascocomplaint\">a lawsuit filed by Carrasco\u003c/a>. The officers severely injured his spine and he permanently lost vision in one eye, the lawsuit states.\u003c/p>\n\u003cfigure id=\"attachment_11927595\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn.png\">\u003cimg class=\"size-medium wp-image-11927595\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn-800x590.png\" alt=\"a diagram of injuries\" width=\"800\" height=\"590\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn-800x590.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn-160x118.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/Heckathorn.png 968w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Medical staff diagrammed the injuries an incarcerated man named Joshua Heckathorn received at the hands of Tehachapi prison officers on July 20, 2016. Both his hands were fractured, and he needed 13 staples to close the wound on his head. \u003ccite>(Courtesy of Mark Redmond)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Heckathorn, who has asthma, struggled to breathe once the pepper spray the officers released worked its way into his lungs. Heckathorn alleged that Ruiz mocked him and told him to “stop crying like a girl.”\u003c/p>\n\u003cp>“I passed out a couple times,” Heckathorn said, recalling how his body slumped against the sides of the narrow cage that had only enough room to stand in.\u003c/p>\n\u003cp>At some point a nurse was brought in to check the then-29-year-old as Ruiz continued to mock him, Heckathorn said.\u003c/p>\n\u003cp>“So I said, ‘Do you think my life’s a joke or what?’” Heckathorn recalled.\u003c/p>\n\u003cp>Ruiz threw his sunglasses on the ground and, Heckathorn said, came toward him with his “fist balled up.” Jumping up, Heckathorn said he ripped off his blood pressure cuff and met the sergeant halfway.\u003c/p>\n\u003cp>“It just exploded from there,” said Heckathorn, who told KQED that he fought with Ruiz and a handful of other officers until he couldn’t fight back any more. One of the guards split his head open with a baton, Heckathorn said, and he lost consciousness.\u003c/p>\n\u003cp>“I can hear it tear my scalp open,” he said.\u003c/p>\n\u003cp>Officers continued to beat Heckathorn after he was on the ground and handcuffed, according to court filings. Heckathorn said he doesn’t know how long the beating lasted because he kept passing out.\u003c/p>\n\u003cp>“I remember the third time I woke up, I had handcuffs on behind my back, and they were just hitting my hands, only my hands with the stick as hard as they can,” he said.\u003c/p>\n\u003cp>Then a sergeant shot Heckathorn point-blank in the leg with a less-lethal rubber bullet, tearing his leg open. Both of his hands were broken, and the injuries to his head and leg were stapled shut at the hospital, medical records show.\u003c/p>\n\u003cfigure id=\"attachment_11927604\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14.jpg\">\u003cimg class=\"size-medium wp-image-11927604\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-800x1035.jpg\" alt=\"a medical record photo showing the back of a man's head with staples\" width=\"800\" height=\"1035\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-800x1035.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-1020x1320.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-160x207.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-1187x1536.jpg 1187w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14-1583x2048.jpg 1583w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/heckathorn_corcoran-med-file-2-2-pages-14.jpg 1700w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Medical records show staples on the back of Joshua Heckathorn's head, due to injuries he received at the hands of Tehachapi prison officers on July 20, 2016. \u003ccite>(Courtesy of Mark Redmond)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The incident was described very differently in official reports, documents obtained from the inspector general of prisons show.\u003c/p>\n\u003cp>Capt. Edward Yett, whose job it was to review the incident, found the official reports, which justified the use of force, had “inconsistencies” with what incarcerated witnesses said happened, according to emails between the warden and a sergeant.\u003c/p>\n\u003cp>The officer whom Heckathorn said shot him in his leg wrote it up as an accidental discharge. And the names of some officers who were there were missing from official reports entirely.\u003c/p>\n\u003cp>Yett put in a request for internal affairs to take a look at the case. A couple of weeks later, records show that Yett found his vehicle in the prison parking lot with the word “rat” written in dust.\u003c/p>\n\u003cp>CDCR’s office of internal affairs investigated 21 correctional officers and three nurses, according to documents from the inspector general of prisons. The investigation concluded that officers failed to report use of force, wrote false information in reports, falsified logs and lied in interviews.\u003c/p>\n\u003cp>Warden John Garza was transferred to a prison in Bakersfield, where he ran things until he was arrested for the \u003ca href=\"https://www.facebook.com/SJCDA/posts/1804165879630077\">solicitation of prostitution\u003c/a> in 2018.\u003c/p>\n\u003cp>Attorneys for the involved officers either did not respond or declined requests for comment. Four officers appealed their firing all the way to the superior court in Sacramento. KQED discovered the incident through those petitions, the last of which a judge heard in August. A final decision in that case is still pending. The other three appeals were denied.\u003c/p>\n\u003cp>A lieutenant and seven officers — including Cababe, who opened the cage door to fight Carrasco — were fired, according to court records and documents from the inspector general of prisons. CDCR settled with Ruiz, another sergeant and two officers, allowing them to resign. Three officers, two sergeants and two lieutenants were suspended or had their pay cut, but kept their jobs.\u003c/p>\n\u003cfigure id=\"attachment_11927602\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage.jpg\">\u003cimg class=\"size-medium wp-image-11927602\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage-800x525.jpg\" alt=\"a car window with the word 'rat' written in dust\" width=\"800\" height=\"525\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage-800x525.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage-160x105.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/10/RatCarImage.jpg 1020w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Capt. Edward Yett’s vehicle with the word 'rat' written in dust. Yett asked internal affairs to open an investigation into the July 20, 2016, incident after he found inconsistencies in officers' reports. \u003ccite>(Courtesy of California's inspector general of prisons)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We took swift and significant action to hold all culpable staff accountable for their involvement in this incident,” CDCR spokesperson Simas wrote in an email. “This incident was abhorrent and in complete conflict with the way that we train our officers and staff.”\u003c/p>\n\u003cp>CDCR also sent the case to the Kern County district attorney, recommending that more than a dozen officers and their supervisors be charged with crimes ranging from writing false reports to battery and inhumanity to prisoners. The civil rights division of the U.S. Department of Justice also reviewed the case. \u003ca href=\"https://www.documentcloud.org/documents/23109909-lewisescalantepointsandauthorities\">Both agencies declined to file charges against the correctional staff\u003c/a>, according to court filings. The DA said “there was insufficient evidence” to prove the charges. The DOJ didn’t respond to requests for comment.\u003c/p>\n\u003cp>Heckathorn was written up for battery on a peace officer with a deadly weapon. According to the rules violation report written by Ruiz, Heckathorn grabbed an officer’s baton during the fight, hitting another officer on the head with it. Heckathorn said he never had a weapon. He said he was put in solitary housing for about 16 months.\u003c/p>\n\u003cp>Heckathorn filed grievances against the officers, which were denied. While in solitary, he got in touch with attorney Mark Redmond, who agreed to help him file a civil suit.\u003c/p>\n\u003cp>Redmond said the agency moved to resolve the case quickly, settling with Heckathorn in 2018 for $575,000. The agency paid out $400,000 to Carrasco in late 2020.\u003c/p>\n\u003cp>“Sometimes, defense is wise enough to know how bad the skeletons are,” Redmond said.\u003c/p>\n\u003cp>Heckathorn, who said he’d always wondered why no one asked about his story sooner, believes the officers who beat him should have been criminally charged.\u003c/p>\n\u003cp>“You’re a correction officer, and you take an oath, and you’re just betraying that oath,” he said. “You’re supposed to protect us. You’re not supposed to try to kill us.”\u003c/p>\n\u003cp>\u003cem>Special thanks to KQED’s Julie Small, and to Will Jenkins, Julietta Bisharyan and Armon Owlia, students at UC Berkeley Graduate School of Journalism's Investigative Reporting Program, for their work sifting through the records CDCR provided.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was produced with The California Reporting Project, a coalition of 40 news organizations across the state, including KQED, UC Berkeley's Investigative Reporting Program and Stanford University's Big Local News. The project was formed in 2018 to request and report on previously secret records of law enforcement misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11927577/kqed-sues-california-department-of-corrections-for-staff-use-of-force-and-misconduct-records","authors":["8676"],"categories":["news_8"],"tags":["news_2729","news_1629","news_17725","news_27626","news_20199","news_1305"],"featImg":"news_11927612","label":"news"},"news_11926891":{"type":"posts","id":"news_11926891","meta":{"index":"posts_1591205157","site":"news","id":"11926891","score":null,"sort":[1664324903000]},"guestAuthors":[],"slug":"unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations","title":"Unhoused San Francisco Residents Sue City Over Displacement, Rights Violations","publishDate":1664324903,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A group of unhoused San Francisco residents is taking the city to court over its sweeps of homeless encampments, arguing that forced displacements and destruction of property violate their constitutional rights.\u003c/p>\n\u003cp>Attorneys for the Lawyers' Committee for Civil Rights of the San Francisco Bay Area and the ACLU of Northern California filed suit Tuesday evening on behalf of the Coalition on Homelessness and seven city residents who are unhoused or at risk of returning to the streets.[pullquote size=\"medium\" align=\"right\" citation=\"Zal Shroff, senior attorney, Lawyers' Committee For Civil Rights\"]'You cannot criminalize homelessness. It is both counterproductive and unconstitutional. You have to stop investing in that.'[/pullquote]The lawsuit is asking the court to prevent the city from punishing people for sleeping on public property or seizing their belongings until the city can guarantee the availability of appropriate shelter.\u003c/p>\n\u003cp>“You cannot criminalize homelessness. It is both counterproductive and unconstitutional. You have to stop investing in that,” said Zal Shroff, senior attorney with the Lawyers' Committee. He said the aim of the suit is to shift away from enforcement toward building affordable housing: “It has to be the city's first and chief response to homelessness, and at this moment it's the one thing that the city has simply not gotten its act together to do.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/23070382-filed-complaint-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">105-page complaint\u003c/a> draws on research and public records to depict a homelessness crisis shaped by a history of racist and exclusionary housing policies, and stoked by underinvestment in affordable housing and punitive practices.[aside postID=\"news_11922869,news_11914346\" label=\"Related Posts\"]The suit argues the city is “punishing residents who have nowhere to go” in violation of the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment. The argument draws on the Ninth Circuit’s 2019 decision in the Martin v. Boise case, which found that people who are homeless can’t be penalized for sleeping on public property, if there is no alternative offered.\u003c/p>\n\u003cp>The suit also alleges violations of the Fourth Amendment’s protection against unreasonable searches and seizures, and the 14th Amendment’s due process requirement.\u003c/p>\n\u003cp>“They would come out at, like, four in the morning, five in the morning. Usually when you're in the dead of sleep and it's very, very cold,” said Toro Castaño, 51, one of the plaintiffs in the suit. He was living on the streets of the Castro for two years, until the fall of 2021. “It was very traumatic because it's very cold outside and a lot of things they're taking are warm clothes, warm jackets, blankets, things that you need just to survive.”\u003c/p>\n\u003cp>Castaño had his belongings taken from him by the city four times during the pandemic, according to the complaint, and settled a claim against the city for $9,000 after his property was destroyed. He now lives in a co-op in the city.\u003c/p>\n\u003cp>While Castaño was unhoused, he said he was asked to move nearly every day. “It makes you very sleep-deprived, makes it difficult to make decisions, to make appointments, to try to look for work or try to look for jobs — basically to function,” he said.\u003c/p>\n\u003cp>Jennifer Friedenbach, executive director of the Coalition on Homelessness, said the goal of the lawsuit is to stop sweeps, which she said only perpetuate homelessness. “When the city takes folks’ IDs, their cellphones, the things that they need in order to really navigate a very complicated route off the streets, that ends up extending their homelessness,” she said, explaining that people can lose contact with social service providers and miss out on housing opportunities. “What we hear from folks again and again is they feel like they're starting from scratch.”\u003c/p>\n\u003cp>She argues the city’s enforcement resources would be better spent on housing and treatment programs. “It's in everyone's interest to really, truly invest in the permanent solutions we need to solve homelessness,” she said.\u003c/p>\n\u003cp>The suit names the city and county of San Francisco; Mayor London Breed; Director of the Healthy Streets Operation Center Sam Dodge; and several city departments as defendants.\u003c/p>\n\u003cp>Jen Kwart, director of communications for the city attorney’s office, said in a statement, \"The City is acutely focused on expanding our temporary shelter and permanent housing options to alleviate our homelessness crisis. Once we are served with the lawsuit, we will review the complaint and respond in court.\"\u003c/p>\n\u003cp>\u003ca href=\"https://hsh.sfgov.org/get-involved/2022-pit-count/#:~:text=Since%20the%202019%20PIT%20Count,in%20housing%20and%20shelter%20resources.\">The city’s latest point-in-time count \u003c/a>found a total of about 7,700 people living on the streets or in shelters, a 3.5% decrease since 2019. But, Latinx homelessness spiked 55% and Black people continue to be overrepresented among the unhoused, at 38% of the total homeless population compared to 6% of the general population.\u003c/p>\n\u003cp>Based on the new count, officials now estimate that as many as 20,000 people experience homelessness in a full year.\u003c/p>\n\u003cp>From 2015 to 2022, the city built just 2,067 units of very-low-income housing, just a third of its goal, while far exceeding its goal for market rate housing, \u003ca href=\"https://sfplanning.org/sites/default/files/documents/reports/2020_Housing_Inventory.pdf\">according to the city’s 2020 housing inventory\u003c/a>.\u003c/p>\n\u003cp>Emily Cohen, deputy director of communications for the Department of Homelessness and Supportive Housing, points out that since 2017, the city has nearly doubled the number of housing units dedicated to people leaving homelessness.\u003c/p>\n\u003cp>The lawyers for the plaintiffs have filed \u003ca href=\"https://www.documentcloud.org/documents/23070383-filed-pi-motion-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">a motion for a preliminary injunction\u003c/a>, asking the court to ban the city from conducting sweeps or otherwise enforcing ordinances that punish sleeping on public property while the suit proceeds.\u003c/p>\n\u003cp>Castaño said he hopes the suit leads to more affordable housing and better conditions for people experiencing homelessness. “I'm hoping that people on the street will be protected a little more, that the things won't be taken that they used to survive and to stay warm,” he said. “And there's a little more compassion.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A group of unhoused San Francisco residents is taking the city to court over its sweeps of homeless encampments, arguing that forced displacements and destruction of property violate their constitutional rights.","status":"publish","parent":0,"modified":1664397575,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":1025},"headData":{"title":"Unhoused San Francisco Residents Sue City Over Displacement, Rights Violations | KQED","description":"A group of unhoused San Francisco residents is taking the city to court over its sweeps of homeless encampments, arguing that forced displacements and destruction of property violate their constitutional rights.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Unhoused San Francisco Residents Sue City Over Displacement, Rights Violations","datePublished":"2022-09-28T00:28:23.000Z","dateModified":"2022-09-28T20:39:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11926891 https://ww2.kqed.org/news/?p=11926891","disqusUrl":"https://ww2.kqed.org/news/2022/09/27/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations/","disqusTitle":"Unhoused San Francisco Residents Sue City Over Displacement, Rights Violations","excludeFromSiteSearch":"Include","path":"/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of unhoused San Francisco residents is taking the city to court over its sweeps of homeless encampments, arguing that forced displacements and destruction of property violate their constitutional rights.\u003c/p>\n\u003cp>Attorneys for the Lawyers' Committee for Civil Rights of the San Francisco Bay Area and the ACLU of Northern California filed suit Tuesday evening on behalf of the Coalition on Homelessness and seven city residents who are unhoused or at risk of returning to the streets.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'You cannot criminalize homelessness. It is both counterproductive and unconstitutional. You have to stop investing in that.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Zal Shroff, senior attorney, Lawyers' Committee For Civil Rights","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The lawsuit is asking the court to prevent the city from punishing people for sleeping on public property or seizing their belongings until the city can guarantee the availability of appropriate shelter.\u003c/p>\n\u003cp>“You cannot criminalize homelessness. It is both counterproductive and unconstitutional. You have to stop investing in that,” said Zal Shroff, senior attorney with the Lawyers' Committee. He said the aim of the suit is to shift away from enforcement toward building affordable housing: “It has to be the city's first and chief response to homelessness, and at this moment it's the one thing that the city has simply not gotten its act together to do.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/23070382-filed-complaint-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">105-page complaint\u003c/a> draws on research and public records to depict a homelessness crisis shaped by a history of racist and exclusionary housing policies, and stoked by underinvestment in affordable housing and punitive practices.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11922869,news_11914346","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The suit argues the city is “punishing residents who have nowhere to go” in violation of the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment. The argument draws on the Ninth Circuit’s 2019 decision in the Martin v. Boise case, which found that people who are homeless can’t be penalized for sleeping on public property, if there is no alternative offered.\u003c/p>\n\u003cp>The suit also alleges violations of the Fourth Amendment’s protection against unreasonable searches and seizures, and the 14th Amendment’s due process requirement.\u003c/p>\n\u003cp>“They would come out at, like, four in the morning, five in the morning. Usually when you're in the dead of sleep and it's very, very cold,” said Toro Castaño, 51, one of the plaintiffs in the suit. He was living on the streets of the Castro for two years, until the fall of 2021. “It was very traumatic because it's very cold outside and a lot of things they're taking are warm clothes, warm jackets, blankets, things that you need just to survive.”\u003c/p>\n\u003cp>Castaño had his belongings taken from him by the city four times during the pandemic, according to the complaint, and settled a claim against the city for $9,000 after his property was destroyed. He now lives in a co-op in the city.\u003c/p>\n\u003cp>While Castaño was unhoused, he said he was asked to move nearly every day. “It makes you very sleep-deprived, makes it difficult to make decisions, to make appointments, to try to look for work or try to look for jobs — basically to function,” he said.\u003c/p>\n\u003cp>Jennifer Friedenbach, executive director of the Coalition on Homelessness, said the goal of the lawsuit is to stop sweeps, which she said only perpetuate homelessness. “When the city takes folks’ IDs, their cellphones, the things that they need in order to really navigate a very complicated route off the streets, that ends up extending their homelessness,” she said, explaining that people can lose contact with social service providers and miss out on housing opportunities. “What we hear from folks again and again is they feel like they're starting from scratch.”\u003c/p>\n\u003cp>She argues the city’s enforcement resources would be better spent on housing and treatment programs. “It's in everyone's interest to really, truly invest in the permanent solutions we need to solve homelessness,” she said.\u003c/p>\n\u003cp>The suit names the city and county of San Francisco; Mayor London Breed; Director of the Healthy Streets Operation Center Sam Dodge; and several city departments as defendants.\u003c/p>\n\u003cp>Jen Kwart, director of communications for the city attorney’s office, said in a statement, \"The City is acutely focused on expanding our temporary shelter and permanent housing options to alleviate our homelessness crisis. Once we are served with the lawsuit, we will review the complaint and respond in court.\"\u003c/p>\n\u003cp>\u003ca href=\"https://hsh.sfgov.org/get-involved/2022-pit-count/#:~:text=Since%20the%202019%20PIT%20Count,in%20housing%20and%20shelter%20resources.\">The city’s latest point-in-time count \u003c/a>found a total of about 7,700 people living on the streets or in shelters, a 3.5% decrease since 2019. But, Latinx homelessness spiked 55% and Black people continue to be overrepresented among the unhoused, at 38% of the total homeless population compared to 6% of the general population.\u003c/p>\n\u003cp>Based on the new count, officials now estimate that as many as 20,000 people experience homelessness in a full year.\u003c/p>\n\u003cp>From 2015 to 2022, the city built just 2,067 units of very-low-income housing, just a third of its goal, while far exceeding its goal for market rate housing, \u003ca href=\"https://sfplanning.org/sites/default/files/documents/reports/2020_Housing_Inventory.pdf\">according to the city’s 2020 housing inventory\u003c/a>.\u003c/p>\n\u003cp>Emily Cohen, deputy director of communications for the Department of Homelessness and Supportive Housing, points out that since 2017, the city has nearly doubled the number of housing units dedicated to people leaving homelessness.\u003c/p>\n\u003cp>The lawyers for the plaintiffs have filed \u003ca href=\"https://www.documentcloud.org/documents/23070383-filed-pi-motion-coh-et-al-v-ccsf?responsive=1&title=1\" target=\"_blank\" rel=\"noopener noreferrer\">a motion for a preliminary injunction\u003c/a>, asking the court to ban the city from conducting sweeps or otherwise enforcing ordinances that punish sleeping on public property while the suit proceeds.\u003c/p>\n\u003cp>Castaño said he hopes the suit leads to more affordable housing and better conditions for people experiencing homelessness. “I'm hoping that people on the street will be protected a little more, that the things won't be taken that they used to survive and to stay warm,” he said. “And there's a little more compassion.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations","authors":["11276"],"categories":["news_6266","news_6188","news_8"],"tags":["news_350","news_31693","news_27626","news_4020","news_1775","news_20199","news_38","news_29607"],"featImg":"news_11926909","label":"news"},"news_11915467":{"type":"posts","id":"news_11915467","meta":{"index":"posts_1591205157","site":"news","id":"11915467","score":null,"sort":[1653962380000]},"guestAuthors":[],"slug":"bill-aims-to-allow-lawsuits-against-gun-manufacturers-for-marketing-guns-to-kids","title":"Bill Aims to Allow Lawsuits Against Gun Manufacturers for Marketing Guns to Kids","publishDate":1653962380,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>The man at the gun show lifted a 2.2-pound rifle and pulled back the stock with an audible “chock,” presenting it to the YouTube segment’s host.\u003c/p>\n\u003cp>“When we set out to produce a small firearm for children in an AR-looking package, we were pretty sure we needed to have a ‘wow factor’ in the safety area,” Eric Schmid, owner of Wee1 Tactical, said in a \u003ca href=\"https://www.youtube.com/watch?v=hTbyEPt4lEI\">video uploaded in January\u003c/a>.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Eric Schmid, owner, Wee1 Tactical\"]'When we set out to produce a small firearm for children in an AR-looking package, we were pretty sure we needed to have a 'wow factor' in the safety area.'[/pullquote]\u003c/p>\n\u003cp>What Utah-based Wee1 Tactical produced was a smaller model of the AR-15, called the JR-15. Schmid was in Las Vegas in January to promote the smaller weapon, which the company pledges will look and feel “\u003ca href=\"https://web.archive.org/web/20220120152244/https://wee1tactical.com/wp-content/uploads/2021/11/WEE1-TACTICAL-PRESS-RELEASE-SS22.pdf\">just like Mom and Dad’s gun\u003c/a>.”\u003c/p>\n\u003cp>Schmid demonstrated a safety pin intended to keep the weapon’s trigger locked. He and the host noted that it would likely prevent small children from operating a firearm without their parents present.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It takes a lot of tension to be able to pull that out,” said host Barret Kendrick.\u003c/p>\n\u003cp>“Your 12-year-olds are gonna unlock it really quickly,” Schmid replied.\u003c/p>\n\u003cp>A bill that passed out of the Assembly on Thursday night would make the marketing of firearms to children and those not legally allowed to possess them a civil liability. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1594\">AB 1594\u003c/a> would allow lawsuits against gun manufacturers based on their marketing, one of the few exemptions to a federal ban on such lawsuits. The bill is now in the hands of the Senate.\u003c/p>\n\u003cp>Brought by San Francisco Democrat \u003ca href=\"https://calmatters.org/legislator-tracker/philip-ting-1969/\">Phil Ting\u003c/a>, the bill is an attempt to ensure that gun manufacturers can’t object in state court to lawsuits that target their marketing — an argument Smith & Wesson made in a San Diego court last year.\u003c/p>\n\u003cp>The proposal is similar to a bill passed last year in New York — one that survived a \u003ca href=\"https://www.cnn.com/2022/05/25/politics/new-york-civil-liability-law-ruling/index.html\">legal challenge from gun rights advocates\u003c/a> in federal court on Wednesday.\u003c/p>\n\u003cp>“Unfortunately, it seems like not a day goes by before there’s another tragic mass shooting,” Ting said. “We have guns in the hands of the wrong people and we have an industry that takes no responsibility for empowering killers in our community.”\u003c/p>\n\u003cp>The bill alleges that some gun manufacturers market and sell “increasingly dangerous new products,” from \u003ca href=\"https://calmatters.org/series/outgunned/\">ghost guns\u003c/a> to \u003ca href=\"https://calmatters.org/explainers/california-gun-laws-policy-explained/\">bump stocks\u003c/a>, which give them an unfair business advantage over “more responsible competitors.” If passed, the bill would allow the Department of Justice, county attorneys, city attorneys and the public to sue over those practices.[aside label=\"Robb Elementary School Shooting\" postID=\"arts_13913932,mindshift_59433,news_11915130\"]Among the practices singled out in the bill are:\u003c/p>\n\u003cul>\n\u003cli>Manufacturers that produce guns with features “most suitable for assaultive purposes” rather than hunting or self-defense.\u003c/li>\n\u003cli>Guns designed, sold or marketed in a way that “foreseeably promotes” their conversion into an illegal weapon, such as turning a semi-automatic weapon into a fully automatic weapon.\u003c/li>\n\u003cli>Guns designed, sold or marketed to children or people who are legally prohibited from possessing firearms.\u003c/li>\n\u003c/ul>\n\u003cp>The bill is part of a larger wave of more than a dozen gun control laws proposed by California Democrats ahead of today’s deadline to move bills from their house of origin.\u003c/p>\n\u003cp>On Wednesday, one day after a man killed at least 21 people with \u003ca href=\"https://www.statesman.com/story/news/2022/05/26/what-gun-used-texas-school-shooting-ar-15/9940849002/\">an AR-15\u003c/a> in a shooting at a Texas elementary school, Gov. Gavin Newsom singled out some gun marketing tactics at a press conference rallying support for AB 1594 and other gun control measures.\u003c/p>\n\u003cp>“You’ve got folks out there manufacturing and marketing an AR-15 for babies. For babies,” Newsom said. “And their logo is a pacifier with the baby AR-15. These are extremists. They need to be called out.”[pullquote size=\"medium\" align=\"right\" citation=\"Gov. Gavin Newsom\"]'You've got folks out there manufacturing and marketing an AR-15 for babies. For babies.'[/pullquote]Newsom seemed to be talking about the JR-15 and Wee1 Tactical’s logo, which is two skulls with a target in one eye and a pacifier in each mouth. One skull has a mohawk and the other has pigtails.\u003c/p>\n\u003cp>Lawsuits against gun manufacturers are prohibited by the Protection of Lawful Commerce in Arms Act, a 2005 law that the NRA said at the time was “the most significant piece of pro-gun legislation in twenty years.”\u003c/p>\n\u003cfigure id=\"attachment_11915468\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11915468\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-800x341.png\" alt=\"\" width=\"800\" height=\"341\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-800x341.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-1020x435.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-160x68.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM.png 1231w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A portion of a Wee1 Tactical press release.\u003c/figcaption>\u003c/figure>\n\u003cp>President Joe Biden has said repealing the law is among his \u003ca href=\"https://www.cnbc.com/2021/04/08/biden-calls-for-allowing-lawsuits-against-gun-makers-for-shootings.html\">administration’s top priorities\u003c/a>, though his Justice Department continues to \u003ca href=\"https://www.thetrace.org/2022/03/president-biden-gun-manufacturers-plcaa-lawsuit-protection/\">defend the legislation in court\u003c/a>.\u003c/p>\n\u003cp>The federal law allowed for \u003ca href=\"https://sgp.fas.org/crs/misc/LSB10292.pdf\">six exceptions\u003c/a> in which lawsuits are allowable against gun manufacturers. One of them is for manufacturers who violate state or federal laws governing the marketing or sales of guns.[aside postID=\"news_11743594\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/Poway-Synagogue-Shooting-Memorial-1-1020x681.jpg\"]The marketing exception to the law allowed parents of children killed in the 2012 Sandy Hook Elementary School massacre to successfully sue Remington Arms last year. A state lawsuit in San Diego after a 2019 shooting was allowed to proceed last year on the same basis.\u003c/p>\n\u003cp>The survivors of the shooting at a San Diego-area synagogue argued that Smith & Wesson used marketing “that attracted impulsive young men with military complexes who were particularly likely to be attracted to the unique ability of AR-15 style weapons.”\u003c/p>\n\u003cp>Smith & Wesson responded that the federal law shielded them from such lawsuits, but a San Diego County Superior Court judge disagreed, citing the marketing exception.\u003c/p>\n\u003cp>Michael Schwartz, executive director of San Diego County Gun Owners, said the bill and others brought forward by Democrats this session are a threat to gun ownership rights throughout California.\u003c/p>\n\u003cp>“If fully realized and implemented, it’s an enormous threat to gun rights,” Schwartz said. “There’s no way to stop anyone from using a product illegally. But you wouldn’t sue Ford for someone drinking and driving.”\u003c/p>\n\u003cp>When it comes to the JR-15, singled out by Newsom, Schwartz said marketing is still directed to the people who can purchase the guns: the parents. And, he said, previous laws around regulating the marketing of age-limited products like tobacco don’t apply to guns.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I don’t know what the perceived fear is, but I’m not afraid that kids are gonna get addicted to an AR-15,” Schwartz said. “It’s the most popular long gun in the United States because it functions in all kinds of situations.”\u003c/p>\n\n","blocks":[],"excerpt":"A proposed California law that is part of a larger package of gun control bills would allow the attorney general to sue gun manufacturers over marketing practices.","status":"publish","parent":0,"modified":1654193702,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":1182},"headData":{"title":"Bill Aims to Allow Lawsuits Against Gun Manufacturers for Marketing Guns to Kids | KQED","description":"A proposed California law that is part of a larger package of gun control bills would allow the attorney general to sue gun manufacturers over marketing practices.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bill Aims to Allow Lawsuits Against Gun Manufacturers for Marketing Guns to Kids","datePublished":"2022-05-31T01:59:40.000Z","dateModified":"2022-06-02T18:15:02.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11915467 https://ww2.kqed.org/news/?p=11915467","disqusUrl":"https://ww2.kqed.org/news/2022/05/30/bill-aims-to-allow-lawsuits-against-gun-manufacturers-for-marketing-guns-to-kids/","disqusTitle":"Bill Aims to Allow Lawsuits Against Gun Manufacturers for Marketing Guns to Kids","source":"CalMATTERS","sourceUrl":"https://calmatters.org","nprByline":"\u003ca>Nigel Duara\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11915467/bill-aims-to-allow-lawsuits-against-gun-manufacturers-for-marketing-guns-to-kids","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The man at the gun show lifted a 2.2-pound rifle and pulled back the stock with an audible “chock,” presenting it to the YouTube segment’s host.\u003c/p>\n\u003cp>“When we set out to produce a small firearm for children in an AR-looking package, we were pretty sure we needed to have a ‘wow factor’ in the safety area,” Eric Schmid, owner of Wee1 Tactical, said in a \u003ca href=\"https://www.youtube.com/watch?v=hTbyEPt4lEI\">video uploaded in January\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'When we set out to produce a small firearm for children in an AR-looking package, we were pretty sure we needed to have a 'wow factor' in the safety area.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Eric Schmid, owner, Wee1 Tactical","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>What Utah-based Wee1 Tactical produced was a smaller model of the AR-15, called the JR-15. Schmid was in Las Vegas in January to promote the smaller weapon, which the company pledges will look and feel “\u003ca href=\"https://web.archive.org/web/20220120152244/https://wee1tactical.com/wp-content/uploads/2021/11/WEE1-TACTICAL-PRESS-RELEASE-SS22.pdf\">just like Mom and Dad’s gun\u003c/a>.”\u003c/p>\n\u003cp>Schmid demonstrated a safety pin intended to keep the weapon’s trigger locked. He and the host noted that it would likely prevent small children from operating a firearm without their parents present.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It takes a lot of tension to be able to pull that out,” said host Barret Kendrick.\u003c/p>\n\u003cp>“Your 12-year-olds are gonna unlock it really quickly,” Schmid replied.\u003c/p>\n\u003cp>A bill that passed out of the Assembly on Thursday night would make the marketing of firearms to children and those not legally allowed to possess them a civil liability. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB1594\">AB 1594\u003c/a> would allow lawsuits against gun manufacturers based on their marketing, one of the few exemptions to a federal ban on such lawsuits. The bill is now in the hands of the Senate.\u003c/p>\n\u003cp>Brought by San Francisco Democrat \u003ca href=\"https://calmatters.org/legislator-tracker/philip-ting-1969/\">Phil Ting\u003c/a>, the bill is an attempt to ensure that gun manufacturers can’t object in state court to lawsuits that target their marketing — an argument Smith & Wesson made in a San Diego court last year.\u003c/p>\n\u003cp>The proposal is similar to a bill passed last year in New York — one that survived a \u003ca href=\"https://www.cnn.com/2022/05/25/politics/new-york-civil-liability-law-ruling/index.html\">legal challenge from gun rights advocates\u003c/a> in federal court on Wednesday.\u003c/p>\n\u003cp>“Unfortunately, it seems like not a day goes by before there’s another tragic mass shooting,” Ting said. “We have guns in the hands of the wrong people and we have an industry that takes no responsibility for empowering killers in our community.”\u003c/p>\n\u003cp>The bill alleges that some gun manufacturers market and sell “increasingly dangerous new products,” from \u003ca href=\"https://calmatters.org/series/outgunned/\">ghost guns\u003c/a> to \u003ca href=\"https://calmatters.org/explainers/california-gun-laws-policy-explained/\">bump stocks\u003c/a>, which give them an unfair business advantage over “more responsible competitors.” If passed, the bill would allow the Department of Justice, county attorneys, city attorneys and the public to sue over those practices.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Robb Elementary School Shooting ","postid":"arts_13913932,mindshift_59433,news_11915130"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Among the practices singled out in the bill are:\u003c/p>\n\u003cul>\n\u003cli>Manufacturers that produce guns with features “most suitable for assaultive purposes” rather than hunting or self-defense.\u003c/li>\n\u003cli>Guns designed, sold or marketed in a way that “foreseeably promotes” their conversion into an illegal weapon, such as turning a semi-automatic weapon into a fully automatic weapon.\u003c/li>\n\u003cli>Guns designed, sold or marketed to children or people who are legally prohibited from possessing firearms.\u003c/li>\n\u003c/ul>\n\u003cp>The bill is part of a larger wave of more than a dozen gun control laws proposed by California Democrats ahead of today’s deadline to move bills from their house of origin.\u003c/p>\n\u003cp>On Wednesday, one day after a man killed at least 21 people with \u003ca href=\"https://www.statesman.com/story/news/2022/05/26/what-gun-used-texas-school-shooting-ar-15/9940849002/\">an AR-15\u003c/a> in a shooting at a Texas elementary school, Gov. Gavin Newsom singled out some gun marketing tactics at a press conference rallying support for AB 1594 and other gun control measures.\u003c/p>\n\u003cp>“You’ve got folks out there manufacturing and marketing an AR-15 for babies. For babies,” Newsom said. “And their logo is a pacifier with the baby AR-15. These are extremists. They need to be called out.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'You've got folks out there manufacturing and marketing an AR-15 for babies. For babies.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Newsom seemed to be talking about the JR-15 and Wee1 Tactical’s logo, which is two skulls with a target in one eye and a pacifier in each mouth. One skull has a mohawk and the other has pigtails.\u003c/p>\n\u003cp>Lawsuits against gun manufacturers are prohibited by the Protection of Lawful Commerce in Arms Act, a 2005 law that the NRA said at the time was “the most significant piece of pro-gun legislation in twenty years.”\u003c/p>\n\u003cfigure id=\"attachment_11915468\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11915468\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-800x341.png\" alt=\"\" width=\"800\" height=\"341\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-800x341.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-1020x435.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM-160x68.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/05/Screen-Shot-2022-05-30-at-5.14.33-PM.png 1231w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A portion of a Wee1 Tactical press release.\u003c/figcaption>\u003c/figure>\n\u003cp>President Joe Biden has said repealing the law is among his \u003ca href=\"https://www.cnbc.com/2021/04/08/biden-calls-for-allowing-lawsuits-against-gun-makers-for-shootings.html\">administration’s top priorities\u003c/a>, though his Justice Department continues to \u003ca href=\"https://www.thetrace.org/2022/03/president-biden-gun-manufacturers-plcaa-lawsuit-protection/\">defend the legislation in court\u003c/a>.\u003c/p>\n\u003cp>The federal law allowed for \u003ca href=\"https://sgp.fas.org/crs/misc/LSB10292.pdf\">six exceptions\u003c/a> in which lawsuits are allowable against gun manufacturers. One of them is for manufacturers who violate state or federal laws governing the marketing or sales of guns.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11743594","hero":"https://ww2.kqed.org/app/uploads/sites/10/2019/04/Poway-Synagogue-Shooting-Memorial-1-1020x681.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The marketing exception to the law allowed parents of children killed in the 2012 Sandy Hook Elementary School massacre to successfully sue Remington Arms last year. A state lawsuit in San Diego after a 2019 shooting was allowed to proceed last year on the same basis.\u003c/p>\n\u003cp>The survivors of the shooting at a San Diego-area synagogue argued that Smith & Wesson used marketing “that attracted impulsive young men with military complexes who were particularly likely to be attracted to the unique ability of AR-15 style weapons.”\u003c/p>\n\u003cp>Smith & Wesson responded that the federal law shielded them from such lawsuits, but a San Diego County Superior Court judge disagreed, citing the marketing exception.\u003c/p>\n\u003cp>Michael Schwartz, executive director of San Diego County Gun Owners, said the bill and others brought forward by Democrats this session are a threat to gun ownership rights throughout California.\u003c/p>\n\u003cp>“If fully realized and implemented, it’s an enormous threat to gun rights,” Schwartz said. “There’s no way to stop anyone from using a product illegally. But you wouldn’t sue Ford for someone drinking and driving.”\u003c/p>\n\u003cp>When it comes to the JR-15, singled out by Newsom, Schwartz said marketing is still directed to the people who can purchase the guns: the parents. And, he said, previous laws around regulating the marketing of age-limited products like tobacco don’t apply to guns.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I don’t know what the perceived fear is, but I’m not afraid that kids are gonna get addicted to an AR-15,” Schwartz said. “It’s the most popular long gun in the United States because it functions in all kinds of situations.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11915467/bill-aims-to-allow-lawsuits-against-gun-manufacturers-for-marketing-guns-to-kids","authors":["byline_news_11915467"],"categories":["news_8"],"tags":["news_31160","news_3606","news_2795","news_31138","news_24228","news_1103","news_20199","news_21721","news_3056","news_23074"],"featImg":"news_11915469","label":"source_news_11915467"},"news_11876169":{"type":"posts","id":"news_11876169","meta":{"index":"posts_1591205157","site":"news","id":"11876169","score":null,"sort":[1622583573000]},"guestAuthors":[],"slug":"cruel-and-unusual-and-coronavirus","title":"Cruel and Unusual and Coronavirus","publishDate":1622583573,"format":"aside","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\">\u003cimg class=\"alignnone size-full wp-image-11876185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\" alt='A Mark Fiore cartoon showing \"exhibit A,\" inmates being moved to San Quentin from Chino even though they were infected with COVID-19, then, \"exhibit B,\" inmates mixed with the San Quentin population, then \"exhibit COVID,\" and 75% of prison population infected and 28 deaths.' width=\"1920\" height=\"1375\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-800x573.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1020x730.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-160x115.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1536x1100.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>A panel of judges called what happened in San Quentin State Prison during the pandemic, \"\u003ca href=\"https://www.kqed.org/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes\">the worst epidemiological disaster in California correctional history\u003c/a>.\"\u003c/p>\n\u003cp>Now hundreds of incarcerated people are \u003ca href=\"http://bit.ly/sanquentincovidlawsuit\">having their day in court\u003c/a>.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation and officials at San Quentin were much more than just inept, they were downright cruel ... which is where the \u003ca href=\"https://www.govinfo.gov/content/pkg/GPO-CONAN-2002/pdf/GPO-CONAN-2002-9-9.pdf\">Eighth Amendment\u003c/a>, which bars cruel and unusual punishment, comes in.\u003c/p>\n\u003cp>Even though the pandemic appears to be winding down in our corner of the world, here's hoping people behind bars whose lives were recklessly put at risk during the height of the pandemic will see some measure of justice.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A panel of judges called what happened in San Quentin during the pandemic, 'the worst epidemiological disaster in California correctional history.' Now, hundreds of incarcerated people are having their day in court.","status":"publish","parent":0,"modified":1623091978,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":112},"headData":{"title":"Cruel and Unusual and Coronavirus | KQED","description":"A panel of judges called what happened in San Quentin during the pandemic, 'the worst epidemiological disaster in California correctional history.' Now, hundreds of incarcerated people are having their day in court.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Cruel and Unusual and Coronavirus","datePublished":"2021-06-01T21:39:33.000Z","dateModified":"2021-06-07T18:52:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11876169 https://ww2.kqed.org/news/?p=11876169","disqusUrl":"https://ww2.kqed.org/news/2021/06/01/cruel-and-unusual-and-coronavirus/","disqusTitle":"Cruel and Unusual and Coronavirus","path":"/news/11876169/cruel-and-unusual-and-coronavirus","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\">\u003cimg class=\"alignnone size-full wp-image-11876185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\" alt='A Mark Fiore cartoon showing \"exhibit A,\" inmates being moved to San Quentin from Chino even though they were infected with COVID-19, then, \"exhibit B,\" inmates mixed with the San Quentin population, then \"exhibit COVID,\" and 75% of prison population infected and 28 deaths.' width=\"1920\" height=\"1375\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-800x573.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1020x730.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-160x115.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1536x1100.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>A panel of judges called what happened in San Quentin State Prison during the pandemic, \"\u003ca href=\"https://www.kqed.org/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes\">the worst epidemiological disaster in California correctional history\u003c/a>.\"\u003c/p>\n\u003cp>Now hundreds of incarcerated people are \u003ca href=\"http://bit.ly/sanquentincovidlawsuit\">having their day in court\u003c/a>.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation and officials at San Quentin were much more than just inept, they were downright cruel ... which is where the \u003ca href=\"https://www.govinfo.gov/content/pkg/GPO-CONAN-2002/pdf/GPO-CONAN-2002-9-9.pdf\">Eighth Amendment\u003c/a>, which bars cruel and unusual punishment, comes in.\u003c/p>\n\u003cp>Even though the pandemic appears to be winding down in our corner of the world, here's hoping people behind bars whose lives were recklessly put at risk during the height of the pandemic will see some measure of justice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11876169/cruel-and-unusual-and-coronavirus","authors":["3236"],"series":["news_18515"],"categories":["news_457","news_6188","news_13"],"tags":["news_1628","news_1629","news_27350","news_27504","news_20199","news_20949","news_27660","news_486","news_23"],"featImg":"news_11876185","label":"news_18515"},"news_11844469":{"type":"posts","id":"news_11844469","meta":{"index":"posts_1591205157","site":"news","id":"11844469","score":null,"sort":[1604178481000]},"guestAuthors":[],"slug":"lawsuit-says-census-takers-were-pressured-to-falsify-data","title":"Lawsuit Says Census Takers Were Pressured to Falsify Data","publishDate":1604178481,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The U.S. Census Bureau was able to claim it had reached 99.9% of households when the 2020 census ended two weeks ago because census takers were pressured to falsify data as the statistical agency cut corners and slashed standards, according to an amended lawsuit from advocacy groups and local governments.\u003c/p>\n\u003cp>In Baltimore, Southern California and the states of Massachusetts, North Carolina and Texas, some households were marked as completed after only one attempt to reach residents living there, according to the revised lawsuit filed by the National Urban League; the city of San Jose, California; and others.\u003c/p>\n\u003cp>Elsewhere, census takers were pressured by supervisors to close cases as quickly as possible, and they did this by guessing the number of people living in a household, claiming an address was too dangerous to visit or falsely saying residents of a household had refused to answer questions during door-knocking, said the lawsuit filed in federal court in San Jose. [aside tag=\"census\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>“Instructions such as those identified above suggested to enumerators that they should falsify data to close cases quickly,” the lawsuit said.\u003c/p>\n\u003cp>The lawsuit argues the disregard for accuracy was done to end the count early so that census numbers could be processed while President Donald Trump was still in the White House, regardless of who wins the presidential race. That would allow the Trump administration to enforce a presidential order seeking to exclude people living in the U.S. illegally when congressional seats are divvied up among the states.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>According to the lawsuit, the Census Bureau also relied heavily on methods other than directly interviewing households during its door-knocking phase in order to achieve its high completion rate. Those less accurate methods relied on administrative records like IRS returns, interviewing neighbors or landlords and just getting a head count rather than getting details about residents’ race, sex, age, Hispanic origin and relationship to each other, the lawsuit said.\u003c/p>\n\u003cp>In the race to finish field operations for the 2020 census, “Defendants cut many corners and made decisions that do not bear a reasonable relationship to the accomplishment of an actual enumeration,” the amended complaint said. “Such non-direct enumeration methods are less accurate and have a profound effect on immigrants and minorities — the hard-to-count populations.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Lawsuit filed by the National Urban League; the city of San Jose, California; and others\"]'Such non-direct enumeration methods are less accurate and have a profound effect on immigrants and minorities — the hard-to-count populations.'[/pullquote]\u003c/p>\n\u003cp>The revised lawsuit was filed on October 27, two weeks after the Supreme Court sided with the Trump administration and suspended an order from a district judge allowing the head count to continue through the end of the month. The coalition of local governments and advocacy groups had sued the Trump administration to keep the count from ending a month early and to extend the deadline for turning in apportionment numbers from Dec. 31 to the end of April 2021.\u003c/p>\n\u003cp>The Supreme Court decision allowed the Census Bureau to end field operations and start the process of crunching numbers ahead of the year-end deadline for turning in numbers used for divvying up congressional seats by state in a process called apportionment.\u003c/p>\n\u003cp>The Trump administration said in court papers last week that the courts should not interfere with efforts to meet the year-end deadline for turning in apportionment numbers now that the Supreme Court has ruled. Besides deciding how many congressional seats each state gets, in a process known as apportionment, the census helps determine the distribution of $1.5 trillion in federal spending annually. “Census data is counted on to equitably distribute both power and money,” census historian Dan Bouk said in a Webinar on October 29 hosted by \u003ca href=\"https://www.revealnews.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Reveal\u003c/a>, Georgetown's \u003ca href=\"https://beeckcenter.georgetown.edu/\" target=\"_blank\" rel=\"noopener noreferrer\">Beeck Center on Social Impact and Innovation\u003c/a> and \u003ca href=\"https://journalistsresource.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Journalist's Resource\u003c/a>.\u003c/p>\n\u003cp>The amended lawsuit argues that the Trump administration is pushing to finish data processing for the 2020 census by Dec. 31 so that the numbers used for apportionment are completed while Trump is still in office. That would allow the Commerce Department, which oversees the Census Bureau, to enforce a Trump directive seeking to exclude people living in the country illegally from the apportionment count, the lawsuit said.\u003c/p>\n\u003cp>Federal courts in New York and California have ruled Trump’s order unlawful and unconstitutional. Trump is appealing the New York case to the Supreme Court.\u003c/p>\n\u003cp>The coalition of local governments and advocacy groups says the Census Bureau doesn’t have enough time to crunch the numbers by Dec. 31, and the apportionment deadline should be moved to the end of next April.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Lakshmi Sarah contributed to this story. \u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Census takers were pressured by supervisors to close cases as quickly as possible, and they did this by guessing the number of people living in a household or claiming an address was too dangerous to visit, said the lawsuit filed in federal court in San Jose.","status":"publish","parent":0,"modified":1604174890,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":808},"headData":{"title":"Lawsuit Says Census Takers Were Pressured to Falsify Data | KQED","description":"Census takers were pressured by supervisors to close cases as quickly as possible, and they did this by guessing the number of people living in a household or claiming an address was too dangerous to visit, said the lawsuit filed in federal court in San Jose.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lawsuit Says Census Takers Were Pressured to Falsify Data","datePublished":"2020-10-31T21:08:01.000Z","dateModified":"2020-10-31T20:08:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11844469 https://ww2.kqed.org/news/?p=11844469","disqusUrl":"https://ww2.kqed.org/news/2020/10/31/lawsuit-says-census-takers-were-pressured-to-falsify-data/","disqusTitle":"Lawsuit Says Census Takers Were Pressured to Falsify Data","nprByline":"Mike Schneider \u003cbr> Associated Press ","path":"/news/11844469/lawsuit-says-census-takers-were-pressured-to-falsify-data","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Census Bureau was able to claim it had reached 99.9% of households when the 2020 census ended two weeks ago because census takers were pressured to falsify data as the statistical agency cut corners and slashed standards, according to an amended lawsuit from advocacy groups and local governments.\u003c/p>\n\u003cp>In Baltimore, Southern California and the states of Massachusetts, North Carolina and Texas, some households were marked as completed after only one attempt to reach residents living there, according to the revised lawsuit filed by the National Urban League; the city of San Jose, California; and others.\u003c/p>\n\u003cp>Elsewhere, census takers were pressured by supervisors to close cases as quickly as possible, and they did this by guessing the number of people living in a household, claiming an address was too dangerous to visit or falsely saying residents of a household had refused to answer questions during door-knocking, said the lawsuit filed in federal court in San Jose. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"census","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Instructions such as those identified above suggested to enumerators that they should falsify data to close cases quickly,” the lawsuit said.\u003c/p>\n\u003cp>The lawsuit argues the disregard for accuracy was done to end the count early so that census numbers could be processed while President Donald Trump was still in the White House, regardless of who wins the presidential race. That would allow the Trump administration to enforce a presidential order seeking to exclude people living in the U.S. illegally when congressional seats are divvied up among the states.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>According to the lawsuit, the Census Bureau also relied heavily on methods other than directly interviewing households during its door-knocking phase in order to achieve its high completion rate. Those less accurate methods relied on administrative records like IRS returns, interviewing neighbors or landlords and just getting a head count rather than getting details about residents’ race, sex, age, Hispanic origin and relationship to each other, the lawsuit said.\u003c/p>\n\u003cp>In the race to finish field operations for the 2020 census, “Defendants cut many corners and made decisions that do not bear a reasonable relationship to the accomplishment of an actual enumeration,” the amended complaint said. “Such non-direct enumeration methods are less accurate and have a profound effect on immigrants and minorities — the hard-to-count populations.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Such non-direct enumeration methods are less accurate and have a profound effect on immigrants and minorities — the hard-to-count populations.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lawsuit filed by the National Urban League; the city of San Jose, California; and others","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The revised lawsuit was filed on October 27, two weeks after the Supreme Court sided with the Trump administration and suspended an order from a district judge allowing the head count to continue through the end of the month. The coalition of local governments and advocacy groups had sued the Trump administration to keep the count from ending a month early and to extend the deadline for turning in apportionment numbers from Dec. 31 to the end of April 2021.\u003c/p>\n\u003cp>The Supreme Court decision allowed the Census Bureau to end field operations and start the process of crunching numbers ahead of the year-end deadline for turning in numbers used for divvying up congressional seats by state in a process called apportionment.\u003c/p>\n\u003cp>The Trump administration said in court papers last week that the courts should not interfere with efforts to meet the year-end deadline for turning in apportionment numbers now that the Supreme Court has ruled. Besides deciding how many congressional seats each state gets, in a process known as apportionment, the census helps determine the distribution of $1.5 trillion in federal spending annually. “Census data is counted on to equitably distribute both power and money,” census historian Dan Bouk said in a Webinar on October 29 hosted by \u003ca href=\"https://www.revealnews.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Reveal\u003c/a>, Georgetown's \u003ca href=\"https://beeckcenter.georgetown.edu/\" target=\"_blank\" rel=\"noopener noreferrer\">Beeck Center on Social Impact and Innovation\u003c/a> and \u003ca href=\"https://journalistsresource.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Journalist's Resource\u003c/a>.\u003c/p>\n\u003cp>The amended lawsuit argues that the Trump administration is pushing to finish data processing for the 2020 census by Dec. 31 so that the numbers used for apportionment are completed while Trump is still in office. That would allow the Commerce Department, which oversees the Census Bureau, to enforce a Trump directive seeking to exclude people living in the country illegally from the apportionment count, the lawsuit said.\u003c/p>\n\u003cp>Federal courts in New York and California have ruled Trump’s order unlawful and unconstitutional. Trump is appealing the New York case to the Supreme Court.\u003c/p>\n\u003cp>The coalition of local governments and advocacy groups says the Census Bureau doesn’t have enough time to crunch the numbers by Dec. 31, and the apportionment deadline should be moved to the end of next April.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Lakshmi Sarah contributed to this story. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11844469/lawsuit-says-census-takers-were-pressured-to-falsify-data","authors":["byline_news_11844469"],"categories":["news_8","news_13"],"tags":["news_26244","news_18538","news_482","news_25535","news_20199"],"featImg":"news_11844825","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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