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Fri, May

LA’s Climate Change March is Saturday in Wilmington … Keep LA’s Skies Blue … Be There!

PLATKIN ON PLANNING--If your email box is like mine, it is filled with invitations to Saturday’s Climate Change march and rally in Wilmington’s Banning Park. This rally begins at 11 AM, and it will be followed by a march to the nearby Tesoro Refinery, 1331 Eubank Avenue, in Los Angeles.

If you are already going to this rally, the three articles I discuss below will give you a deeper understanding of why this march is so important. Plus, I end with specific suggestions about what you can pursue locally to adapt to and, more importantly, to mitigate climate change. 

If you haven’t thought about going to the rally, or are on the fence, then please check out the articles I link to below. I consider their authors – Bill McKibben, John Bellamy Foster, and Michael Klare -- to be the best U.S. writers on climate-related issues.   What I appreciate is their accessible writing style and thorough scientific knowledge about climate change. But, more importantly, all three writers dig deeply into the economic, political, and social processes responsible for global warming. These are not writers who fall back on a vague concept of human-caused climate change. Instead, they identify the industries, companies, political forces, and politicians most responsible for what all three writers consider inevitable terracide if not abruptly stopped.

If this strikes you as alarmist, then you are absolutely right. Despite their differences, all three writers are alarmists, and they explain, in painful detail, the political and economic processes that are already leading to planetary-wide destruction. Furthermore, even though their solutions differ, all three call for deep systemic changes beyond their harsh critiques of the Trump administration and of trendy life-style changes dubbed “going green.” 

The lead story in the week’s issue of The Nation, On April 29, We march for the Future, is authored by Bill McKibben, this country leading climate writer, advocate, and political organizer. Widely known through his many articles and appearances, McKibben is also the founder of Saturday’s Climate March in Washington, DC, and in many other cities, like Los Angeles. 

McKibben describes our current situation in these unsparing words: 

“It is hard to avoid hyperbole when you talk about global warming. It is, after all, the biggest 
thing humans have ever done, and by a very large margin. In the past year, we’ve decimated the Great Barrier Reef, which is the largest living structure on Earth. In the drought-stricken territories around the Sahara, we’ve helped kick off what The New York Times called “one of the biggest humanitarian disasters since World War II.” We’ve melted ice at the poles at a record pace, because our emissions trap extra heat from the sun that’s equivalent to 400,000 Hiroshima-size explosions a day. Which is why, just maybe, you should come to … a series of big climate protests that will mark the 100th day of Trumptime. Maybe the biggest thing ever is worth a day.” 

McKibben’s solutions largely rest on a combination of mass political pressure on both political parties and extensive technological change. His goal is to keep as much carbon in the ground through total bans on fracking and the Dakota Access and Keystone pipelines. He also calls for the full transformation to renewables: solar panels, bikes, buses, electric cars, wind power, and improved batteries. His ultimate goal is the elimination of all new fossil fuel infrastructure and the transition to 100 percent renewable energy by 2050. 

In Trump and Climate Catastrophe, University of Oregon environmental sociologist John Bellamy Foster carefully describes the combined political and economic processes that have lead to the current climate catastrophe. Like McKibben, Foster considers the current crisis to be much larger than Donald Trump. And like McKibben, Foster thinks Trump’s efforts to stop climate research and fully deregulate the fossil fuel industry could move the existing current climate crisis past the point of no return. In Foster’s words: 

The effects of the failure to mitigate global warming will not of course come all at once, and will not affect all regions and populations equally. But just a few years of inaction in the immediate future could lock in dangerous climate change that would be irreversible for the next ten thousand years. It is feared that once the climatic point of no return—usually seen as a 2°C increase in global average temperatures—is reached, positive-feedback mechanisms will set in, accelerating warming trends and leading, in the words of James Hansen, … to “a dynamic situation that is out of [human] control,” propelling the world toward the 4°C (or even higher) future that is thought by scientists to portend the end of civilization, in the sense of organized human society.

Where Foster disagrees with McKibben is over the latter’s faith in a transformation to renewable energy. In Foster’s words, Even though a conversion to renewable energy is hypothetically conceivable within the system, capital’s demand for short-term profits, its competitive drive, its vested interests, and its inability to plan for long-term needs all militate against rational energy solutions. In other words, the economic and political barriers of modern capitalism will effectively block the total technological energy transformation that McKibben calls for. Foster is not opposed to such an energy transformation in theory, but in practice he believes that the political barriers cannot be overcome without a parallel economic transformation. 

As a result, Foster comes to a dire conclusion; we can continue to live under capitalism or we can make the wide-ranging political and economic changes that will ultimately prevent imminent planetary catastrophe. But, we cannot have our cake and eat it too: we can choose one or the other, but cannot choose both.   

Foster calls his alternative political/economic program eco-socialism. He also points out that many others have reached the same radical conclusion, such as Eric S. Godoy and Aaron Jaffe in their October 31, 2016, op-ed piece in the New York Times, “We Don’t Need a ‘War’ on Climate Change, We Need a Revolution.” Their point, like Foster’s, is that we are now at a critical juncture in human history. Governmental and corporate allegiance to fossil fuel profits has become a death knell to humanity. We must now assure that a dangerous economic system ends, not the planet and human civilization. The choice is stark, but it is ours. chael Klare’s recent article, Climate Change is Genocide: Why Inaction equals Annihilation, first appeared on-line at TomDispatch and then was widely republished. 

Like McKibben and Foster, Klare, who teaches at Hampshire College, contends that humanity is at the precipice. Emerging conditions in Africa reveal what this catastrophe eventually portends for the entire planet. In Klare’s words:

The overwhelming majority of the world’s scientists agree that any increase in average world temperatures that exceeds 2 degrees Celsius (3.6 degrees Fahrenheit) above the pre-industrial era -- some opt for a rise of no more than 1.5 degrees Celsius -- will alter the global climate system drastically.  In such a situation, a number of societies will simply disintegrate in the fashion of South Sudan today, producing staggering chaos and misery. So far, the world has heated up by at least one of those two degrees, and unless we stop burning fossil fuels in quantity soon, the 1.5-degree level will probably be reached in the not-too-distant future. Worse yet, on our present trajectory, it seems highly unlikely that the warming process will stop at 2 or even 3 degrees Celsius, meaning that later in this century many of the worst-case climate-change scenarios -- the inundation of coastal cities, the desertification of vast interior regions, and the collapse of rain-fed agriculture in many areas -- will become everyday reality.

Klare’s program is not fully articulated in his Tom Dispatch article, but he does spell it out in more detail elsewhere, and he also calls for readers to join one of the April 29 Climate Marches. More specifically, Klare proposes that those who understand the calamity already underway work on two fronts. The first is broad political struggle, similar to McKibben, especially against the Trump administration, as well as a full energy transformation. The second is local actions that can proceed with or without hostile laws and regulations from the Trump administration. 

Therefore, let us consider a few of these local actions, especially since the effects of climate change are already appearing in California as more intensive forest fires, droughts, heat waves, tree dies offs, beach erosion, and heavy rains. 

What you can do at the local level: As I have previously written at CityWatch and Progressive City, despite weak leadership in both major parties on climate issues in Washington, DC, there is still much we can achieve at the municipal level. 

Extensive urban tree planting: As explained by a recent LA Times investigative study of tree die-offs in Southern California, climate change plays a decisive role.   It expresses itself as five years of drought, which weakened trees, followed by an extremely wet year in which insects now thrive, including invasive species. The result is millions of dead trees, with no end in sight. Therefore, we need to accelerate our planting of a highly diverse urban forest in Los Angeles so future combinations of extreme climate events, plant dise ases, and invasive species will not devastate entire neighborhoods. 

Once achieved, this vigorous urban forest will reduce CO2 levels, which have recently reach 410 parts per million (ppm). Trees can also filter out other dangerous air pollutants, such as particulate matter. In addition to climate change mitigation, trees also play an important role in adapting to climate change by creating shade that protects us from heat waves and makes walking more inviting, while buffeting heavy rains and allowing percolation into aquifers. 

Alternative Transportation Modes: Los Angele already has a range grass roots group that advocate for more transit, bicycle infrastructure, and pedestrian improvements. While all these options require money, they also need public supporters who are fully engaged. They must write articles and letters-to-the-editor, heavily lobby elected officials, make their case at public meetings and hearings, organize participatory events and demonstrations, and when necessary, engage in civil disobedience. 

California Environmental Quality Act (CEQA): On one hand, we have a powerful tool to understand the climate impacts of plans, programs, and public and private projects. It is the California Environmental Quality Act, which also provides elected officials with a lever to stop or downsize projects that contribute to global warming. On the other hand, our elected officials have a developer-guided political agenda to reduce the scope and power of CEQA. Since the developers have no intention of changing this cozy relationship, it is up to local activists to drown out and expose the City Hall pay-to-play that is contributing to terracide. 

Conclusion? When Saturday’s march is over, roll up your sleeves for the long haul. Through CityWatch, you will get some report cards and action plans for the tumultuous years ahead.

 

(Dick Platkin is a former LA city planner who reports on local planning issues for CityWatch. He recently taught courses in sustainable city planning at USC’s Price School of Social Policy, where he used articles by the three authors cited in the above column. Please send any comments and corrections to [email protected].)

-cw

Meanwhile in La La Land … is the Prop HHH Oversight Committee Picking Our Pockets?

THE PREVEN REPORT-It was “La La Land” at City Hall…the Greatest Show on Earth! Bungee jumpers (photo above) plunging from impossible heights -- and Mayor Eric “move-over-Scott-Joplin-there’s-a-new-sheriff-in-town” Garcetti jamming hard on the piano. (He’s good. See photo, below left.) 

Not advertised but taking place at the same time on the 15th floor of City Hall East was a magnificent pick-pocket demonstration by the Prop HHH Administrative Oversight Committee (AOC), headed by Richard Llewellyn, who made the unorthodox leap from being Eric Garcetti’s personal lawyer to being the Chief Administrative Officer of the City of Los Angeles. The public couldn’t believe its wallet was gone. How’d they do that? 

Since we last wrote about this group, things have gone from bad to worse. 

Prop HHH was a great victory for Mayor Garcetti, no? He was proud to have led the charge, and wasn’t shy about saying so on TV. 

So why the sudden secrecy? Don’t they want to keep that Great Spirit going? Fill the room with excited members of the public? Celebrate our progress towards ending homelessness in LA?  

Apparently not. Just the opposite. Now, it’s round-the-clock evasion, obfuscation and silly tricks. 

Is this because they’re doing a great job?  Are they planning a surprise party? 

It’s time for the public to send a message to Mayor Garcetti and his team: We are watching. It is not OK to persuade Angelenos to give money for a cause they believe in only to have that money diverted to serve an alternate agenda.  

Here’s some specific demands: 

Meeting agendas must include links to all supplementary materials to be discussed at the meeting -- and audio recordings of those meetings should be posted without delay -- just as every other meeting does. 

The AOC discussed the need for the city to be compensated for the time it spends on work related to Prop HHH. It would take the form, in effect, of a “commission” on each project.  

The precise percentage has not been determined, but it’s not a good sign that when co-author Eric Preven asked what the commission would be on a $3.5 million project and, as the presenter started to answer the question, the CAO shushed the staffer, saying that they weren’t taking questions from the floor. He then authorized another employee to not-answer the question. 

It's true the proposition allows for the City to recoup “costs incidental to issuing the general obligation bonds,” but those should be minimal. And that phrase does not give permission to set up a “billable hours” system.  

It’s the City’s job to handle various funding sources. If we’re going to take a commission off every HHH project, then let’s go to the car dealership model. There are slow months and busy months in any job. You don’t get paid extra for the busy months.  

Also, the bond will save the City money by, as the bond says, mitigating “financial pressures on the General Fund.” 

Something’s got to give. If Mayor Garcetti keeps pushing forward with his public-unfriendly agenda (why else would his team be hiding themselves away?) then public outrage will mount until the whole ugly story winds up on the front page of the New York Times. There is such a thing as bad press, and it’s called “being accused in a national newspaper of stealing money from the homeless.”  

Alternatively, the Mayor can throw in the towel on his agenda, open up the whole process, and wind up on the front page of the NY Times as a star. La La Land forever!

 

(Eric Preven and Joshua Preven are public advocates for better transparency in local government. Eric is a Studio City based writer-producer and Joshua is a teacher.) Edited for CityWatch by Linda Abrams.

Ooh, That Pesky Science!  

LEANING RIGHT--While I believe that my previous article about creating an LA countywide rail network that makes sense to most commuters tied the idea of science to policy fairly well, I regret that my more recent article about tying science to politics and policy didn't make my case as I wish it should have. 

The Scientific Method, in a nutshell, states that a person's observations, or a group of people's opinions, are NOT proof, and that that person or group of people do not KNOW anything; they just believe it with a good reasonable guess. Spending money based on what one knows, or has observed, is not scientific "proof" but rather an educated guess ... but statistics and data can easily fall into bias and a distorted view that leads to a distorted conclusion. 

What's true:  environmental regulations and law did help the smog situation between the 1970's and the present in LA County. 

What's also true: smog existed even in the era where only Native Americans lived in the LA basin, because the San Gabriel Mountains and the easterly winds from the Pacific Ocean would allow campfires to cause a mild form of smog. 

What's also true still: exploding the population of the LA basin without enough water, mobility, environmental and utility infrastructure is not sustainable and cannot possibly lead to a reliable, long-term water/air/soil environmental scenario. 

These are observations, but in theory I don't "know" anything.  And neither does the LA Board of Supervisors, the LA City Council, and all the other do-gooders who usually end up performing and implementing policy that helps a few but hurts the majority. 

Do people need affordable housing?  Yes--particularly true when they have children. 

Do people need open space for recreational and psychological purposes?  Yes--particularly true when they have children. 

Do people need clean and sufficient water, affordable food, and affordable utility to allow for comfortable (and healthy) temperatures in their homes and workplaces?  Yes--regardless of age. 

Has the city and county of Los Angeles built more for middle-class housing and needs?  Decidedly not.  The "policy makers" of Sacramento and Downtown LA keep harping on the need to help the middle class, but yet it's no secret that the middle class is shrinking throughout this state and that our three-class society is rapidly devolving into a two-class society. 

Do observations of historical, economic, and political experiments in extreme left-wing, top-down societies (such as the former USSR, Cuba, Venezuela, Greece, and other nations) support the notion that this sort of policy-making leads to improved health, quality of life, prosperity, and environmental standards for the average citizen in those nations. 

Decidedly not. 

There is a difference between "liberal" (open-minded, self-sufficient, sustainable) and "progressive" (keep making laws, top-down government, always finding new ills to "fix" at the taxpayers' expense), and we are going to have to figure out which is better, liberal or progressive. 

(Ditto between conservative/common sense versus right-wing dogma, by the way) 

So when we have a Planning Commission that unanimously approves a monstrosity overdevelopment that is virtually 3 times as tall as anything anywhere in the adjacent region of the Westside, and is vigorously opposed by local Councilmember Mike Bonin, is that "liberal" or Big Brother politics by that Planning Commission? 

Is it scientifically valid, when just about every traffic and neighborhood analyst states it's acceptable to build at 40-50 feet maximum, but not 80 feet, and that it's a traffic/environmental failure? 

Furthermore, it's nowhere near a rail station, unlike the large development of residential/commercial structures at the Red/Orange Line intersection in North Hollywood. So it's NOT transit-oriented development, but rather transient-oriented development. 

Just because the Planning Commission, Mayor Garcetti and Sacramento scream "BUILD! BUILD! BUILD!" does not make that approval good science, or consistent with human quality of life or health. 

Just like "SPEND! SPEND! SPEND!" does not make for good economic policy. 

And as the middle class leaves California to go to either Texas or other states, the economy of California appears to be filled with mobility for an elite few/wealthy, while filled with roadblocks and shredded dreams for the average man or woman (particularly if they're trying to make a living in the private sector). 

Is this science based on observation?  Yes, and on experience, and based on the ability to discern that we can't build our way out of traffic, overpopulation, urban blight and the like. 

Is it "proof"?  No--that's NOT how the Scientific Method works. 

But the "theory" that overbuilding and not shoring up our infrastructure as we overbuild, and overdensify in the suburbs (while creating new "downtowns" that were never built for being that dense) is hardly scientifically invalid. 

It may be my theory, or the theory of a few of us, but I'm sticking with it. 

Because to do otherwise would be to throw away everything my eyes, ears, and memory has taught me throughout my whole life ... and would it be scientifically valid at all to ignore it based on some "feel-good" idea of how the world "ought" to be, rather than what the world actually is?

(Kenneth S. Alpern, M.D. is a dermatologist who has served in clinics in Los Angeles, Orange, and Riverside Counties. He is also a Westside Village Zone Director and Board member of the Mar Vista Community Council (MVCC), previously co-chaired its Planning and Outreach Committees, and currently is Co-Chair of its MVCC Transportation/Infrastructure Committee. He was co-chair of the CD11 Transportation Advisory Committee and chaired the nonprofit Transit Coalition, and can be reached at [email protected]. He also co-chairs the grassroots Friends of the Green Line at www.fogl.us. The views expressed in this article are solely those of Dr. Alpern.)

-cw

So … Where Were They on Saturday Night?

RANTZ AND RAVEZ-The 70 Year Anniversary of the Los Angeles Police Reserve Corps was celebrated on Saturday evening, April 22, at the Skirball Cultural Center in the hills adjacent to the 405 freeway and Mulholland Drive. There were celebrities present, along with active and reserve LAPD police officers and their families. Chief Charlie Beck came to greet arriving guests along with members of the LAPD Command Staff. Even former Los Angeles County Sheriff Lee Baca attended the banquet to show his support for the men and women of the LAPD. 

Dr. Phil McGraw was honored for his unwavering support for law enforcement officers across America. Los Angeles City Councilman Mitchell Englander was also honored as an LAPD Reserve Officer along with Bob Keller, a retired LAPD Sergeant and Reserve Officer Coordinator and current elected official in the city of Santa Clarita. Throughout the festivities of the evening there was great and sincere recognition for the Reserve Officers from the 21 Patrol, Traffic, Air Operations and many specialized divisions throughout the city. Officers were acknowledged for their true and unselfish dedication to the people of Los Angeles. One reserve officer was even recognized for his 50 years of service to the people of our City. 

Noticeably absent was Mayor Garcetti, the City Attorney, the City Controller, all LA City Councilmembers except for Councilman Mitchell Englander (who was recognized and honored during the event) and all five of Mayor Garcetti’s appointed members of the Los Angeles Police Commission. 

This lack of attendance by elected officials and members of the Los Angeles Police Commission tells the story of just how little those people who make the decisions in Los Angeles care about the citizens who volunteer to try and keep LA safe as members of the Los Angeles Police Reserve Corps. 

My ride on the Metro Orange and Red Lines to downtown on a Friday night. 

There was a man threatening to jump from an overpass on the 110 freeway during the evening commute time last Friday evening. I was invited to a judicial dinner at the Biltmore Hotel and did not want to be late. Since I was in the West San Fernando Valley and did not want to get caught up in traffic gridlock as reported on KNX Radio, I decided to take the Metro Orange Line to the Red Line in North Hollywood and hopefully arrive on time.  

I missed the first bus and had to wait for the second one to arrive. I boarded the Orange Line Bus and headed to North Hollywood. I was the only person on the bus wearing a suit. There were the usual public transit riders listening to music on their cell phones and eating and drinking on the bus. The ride went smoothly. I arrived in North Hollywood only to miss the Red Line Train that left just as I approached the boarding area. I waited around 20 minutes and took the next Red Line headed for Union Station. When I sat down, I immediately felt liquid on my pants from something that had been spilled. So now I was wearing whatever it was on suit my pants. Once I found a dry seat and sat down again I started to question why I chose to take public transit rather than drive my car. 

We finally arrived at the Pershing Square station. I left the train and walked the short distance to the Biltmore Hotel and located the event in the banquet room where everyone was already seated. I found the seating chart and located my seat at table 15. The program had already begun; people were eating their salads. Around 30 minutes later, a person arrived and was seated to my left. This individual was the Consul General from Egypt. We discussed his late arrival. Somehow he had ended up in San Pedro and had to drive back to downtown for the event. His delay could have been caused by the individual who was threatening to jump. 

The evening concluded and I walked back to the Pershing Square Red Line station and waited for the rail car to arrive. I boarded the train and headed to the North Hollywood Metro Station. While traveling on the train, I noticed a large amount of trash on the floor of the rail car. At one of the next stops, a Metro employee wearing an orange vest and pushing a large gray trash can boarded the train but stood there doing nothing. He ignored the trash on the floor and exited after a few stops. I don’t know if he was just lazy or if it “was not his job” to pick up the trash. My evening of adventure concluded at the Canoga Park Metro parking lot where I walked to my car and drove home.  


 

I did not notice any law enforcement personnel on any of the Metro vehicles I rode. The lack of visible presence of law enforcement personnel is one of the reasons many people refuse to use the Metro bus and trains to get around Los Angeles. Personal safety is critical when utilizing the Metro. Stats reveal a significant drop in the number of people that ride the public transit lines in Los Angeles. 

Metro is now charging for parking in the North Hollywood Parking lots. The cost is three dollars. Just another reason to avoid taking the Metro in Los Angeles. 

They tricked you once again! 

Senate Bill 1 established a new formula to rip more money out of your pocket when you purchase gas or diesel fuel. The current gas tax is increasing along with diesel fuel and your license plate fees. 

What the Establishment failed to tell you is that all the components of the gas, diesel fuel and license plate surcharges include a clause allowing for inflation. Yes, ladies and gentlemen, all the prices in the new gas formula are tied to inflation and the same goes for car registration. As your fees increase, remember to blame the Governor and the Sacramento politicians who voted for this and pulled another one over on you. 

The articles you have just read are a true reflection of my most recent experiences residing in Los Angeles. I welcome your comments and observations at [email protected].

 

(Dennis P. Zine is Honorary Mayor of Woodland Hills, a 30-year retired LAPD Sergeant, Elected Charter Reform Commissioner, Former Los Angeles City Councilman and current LAPD Reserve Police Officer.) Edited for CityWatch by Linda Abrams.

‘The Time is Golden and Now’: Single-Payer Bill Advances in California

HEALTHY CA ACT CLEARS FIRST HURDLE--With close to 1,000 supporters rallying outside, California's Senate Health Committee on Wednesday advanced a single-payer healthcare bill that has been described as a potential "catalyst for the nation." 

The Healthy California Act (SB562) would create a universal health system (covering inpatient, outpatient, emergency care, dental, vision, mental health, and nursing home care) for every California resident. Unveiled last month, the bill has the support of National Nurses United and the California Nurses Association, who held a rally at the Sacramento Convention Center Wednesday followed by a march to the state capitol and a presence in the committee room. 

"The most important thing today was the breadth and depth of support by the dozens of people lining up to back the bill, representing 250 organizations across the state," said RoseAnn DeMoro, executive director of the California Nurses Association. "These are organizers who are going to be with us to make the Healthy California Act the law of the land in California."

Supporters got one step closer to that goal on Wednesday, when the Health Committee approved the bill 5-2 after a nearly three-hour hearing. State Sen. Richard Roth said his office had gotten more than 1,000 calls from constituents on the single-payer plan.

The opposition has also reared its head. Courthouse News Service reported: "Several of the groups that have lined up against SB 562 have made political contributions to current members of the Senate Health Committee, including chair Ed Hernandez (D-Montebello), Toni Atkins (D-San Diego), and Richard Roth (D-Riverside). Each member voted in favor of the bill Wednesday."

Still, according to the Los Angeles Times, "Democrats and Republicans alike signaled unease with the major question still unanswered in the legislation: how the program would be paid for."

But Democratic state Sen. Ricardo Lara, the bill's co-author, said a detailed financial study would be completed in May, before the bill is heard in the Appropriations Committee—its next stop, having cleared the Health Committee hurdle. Lara chairs that committee.

"With today's vote we are closer to being able to say, once and for all, that healthcare is not a privilege, it's a human right," Lara declared. "Every family, every child, every senior deserves healthcare that costs less and covers more, and California has a chance to lead the rest of the nation toward universal care."

State Sen. Toni G. Atkins, also a Democrat and the bill's other co-author, praised the committee members, saying: "They see clearly that the time is right for us to give all Californians the peace of mind that comes with knowing that they and their families will have access to quality healthcare, no matter who they are, how much money they have, or who's in power in Washington, D.C."

Indeed, LA Times reporter David Lazarus suggested in March that the GOP's attempt to gut the U.S. healthcare system could in fact bode well for single-payer efforts like California's.

As Paul Y. Song, co-chair of the Campaign for a Healthy California and Physicians for a National Health Program (PNHP) board member, wrote earlier this week, "[t]he fact is that our legislators can no longer turn a blind eye while California remains hostage to a federal government run by a heartless majority who recklessly controls the purse strings in favor of tax cuts for the 1 percent while refusing to view healthcare as a right. As the 6th largest economy, California needs to think boldly and look at what all major industrialized nations do."

"The answer has been there all along," said Song. "But, in order to get a healthcare program for the people, it must come from an unprecedented groundswell by the people. We must hold our elected officials publicly accountable and demand what we are already paying for and readily deserve. The [Affordable Care Act] pointed our state and nation in the right direction, but the time for real universal healthcare is now and the opportunity to do so is golden and now!"

To that end, PNHP announced Wednesday that U.S. Rep. John Conyers' (D-Mich.) Medicare-for-All bill has amassed a record number of House co-sponsors: 104.

Justice Democrats, a group holding the party accountable for its stance on universal healthcare, tweeted: "Congrats to Cali! #SB562 has made it through Senate Health Committee. Here's to making it national."

(Deirdre Fulton writes for Common Dreams  … where this report was first posted.)

-cw

This Is What It Will Look Like When California, New York City, and Mar-A-Lago Disappear Under Rising Seas

COMMON DREAMS REPORT--A new report shows that many previous estimates of global sea level rise by 2100 were far too conservative, the Washington Post reported, and the research comes as new maps and graphics from Climate Central vividly show how disastrous that flooding will be for U.S. cities.

The report, Snow, Water, Ice and Permafrost in the Arctic, found that previous estimates of sea level rise didn't account enough for the fast pace of melting ice in the Arctic and Greenland. 

The Post writes:

The assessment found that under a relatively moderate global warming scenario—one that slightly exceeds the temperature targets contained in the Paris climate agreement—seas could be expected to rise "at least" 52 centimeters, or 1.7 feet, by the year 2100. Under a more extreme, "business as usual" warming scenario, meanwhile, the minimum rise would be 74 centimeters, or 2.4 feet.

The report explored a minimum rise scenario, but not a maximum or worst-case scenario. However, a separate report (pdf) published at the end of the Obama administration by the National Oceanic and Atmospheric Administration (NOAA) did just that, and found that in the most extreme case, the sea in some locations will rise a stunning eight feet by the century's end.

Illustrating how devastating this would be, Climate Central created 3D visualizations of what U.S. cities will look like in NOAA's most extreme scenario.

 

(President Donald Trump's Mar-a-Lago resort would be completely drowned in the most extreme scenario for sea level rise. (Image: Climate Central)

Rising seas alone may displace over 13 million people in the U.S., dispersing climate refugees and reshaping inland cities, as Common Dreams reported last week.

See more examples of Climate Central's visualizations here and here, and find a 2D map of sea level rise projections here

The ominous new research come as President Donald Trump continues to dismantle climate policies, boosts the fossil fuel industry, and considers pulling out of the Paris climate accord.

But even Trump won't be spared from the looming disaster, Climate Central observes, showing that the projected sea level rise will completely flood the president's Mar-a-Lago resort.

(This is a Common Dreams report.)

-cw

To Fix LA’s Water, Garcetti Must Stop DWP’s Wasteful Water Tunnel Tax

WATER POLITICS--California may be coming out of the drought, but LA’s water system is in dire need of fixing. Angelenos will soon be asked to pay more for their water and they must stay alert to ensure their money is being invested wisely and not wasted on projects for special interests. 

The Los Angeles Department of Water and Power is set to make its customers pay higher rates and taxes for a project misleadingly named the “California Water Fix.” This project involves building two massive water tunnels underneath the San Joaquin Delta in Northern California and could cost $25-67 billion. 

The tunnels are supported by an alliance of corporate agribusinesses and the Metropolitan Water District of Southern California (MWD), a wholesaler provider that makes money from importing and selling water. 

The tunnels would funnel massive amounts of water to Beverly Hills billionaire Stewart Resnick’s agribusiness empire, whose businesses use more water every year than all the homes in Los Angeles combined. The Resnicks, owners of the Wonderful Company, and their agribusiness allies have gamed the state’s water system to grow excessive amounts of pistachios and almonds in the desert and now they want ratepayers and taxpayers to pay for multi-billion dollar tunnels to keep their scheme going. 

Governor Brown, a longtime friend of agribusiness, is now working to persuade the Trump administration, to greenlight the project. President Trump cozied up to these same special interests in his campaign stops in California. 

The real sucker punch is that the project would not deliver a single drop of new water to Los Angeles. Yet, MWD would charge ratepayers and taxpayers in L.A., Compton, Beverly Hills, Santa Monica, and other Southern California cities for this boondoggle. An independent analysis found that if the tunnels project were to only cost $25 billion, Angelenos would be stuck $1.6- $3.5 billion of the total cost. And that’s the low end of cost projections. 

For LA to be prepared for the next drought, the solution is not to build tunnels that can’t create new water, but to invest in projects that would maximize our local supply and adapt to the effects of climate change. Mayor Garcetti introduced an Executive Directive to make our water safer from earthquakes and climate impacts by 2024, by calling on LADWP to reduce its dependence on imported water, and to increase local water sources. This includes capturing rainwater, recycling water, cleaning up polluted water and augmenting groundwater storage. A one-inch rain storm can produce up to 10 billion gallons of water, and in an average year, Los Angeles wastes more than 500,000 acre-feet of storm water that runs off to the ocean— which is almost the annual water supply of the City of Los Angeles. 

Water experts estimate that it would cost LA County $300-$500 million a year to build the local infrastructure that would capture more rain. In addition, a proposed water recycling facility could provide another 400,000 acre-feet per year of water for the region. That means the best way to increase the reliability of our water is to invest here in Los Angeles, not in tunnels hundreds of miles away. 

Indeed, the only way Mayor Garcetti can follow through on his plan to cut Los Angeles’ dependence on imported water by half over the next seven years is to make sure not a dime of our DWP bills does towards to building the ill-conceived tunnels. 

MWD and agribusiness are funding a spin campaign to sell the tunnels. They even make the claim that these tunnels could help save endangered fish populations. This Orwellian argument was squelched by a recent federal study that showed that the tunnels could decimate the struggling wild salmon population. 

The tunnels can only be stopped if Southern Californians rise up and refuse to pay for this scam, reminiscent of the film Chinatown. Mayor Garcetti must protect ratepayers and prevent LADWP from wasting our money on the tunnels. The Mayor must act soon, as the Metropolitan Water District has stated it hopes to secure a rate and tax hike for the project as soon as this summer. 

A more reliable LA water system that can withstand the serious impacts of climate change is possible and necessary, but we have to invest in proven local and regional infrastructure now. There is no money to waste to satisfy the greed of special interests.

 

(Brenna Norton is a senior Southern California organizer with Food & Water Watch.) prepped for CityWatch By Linda Abrams.

Warning to the 34th ! Don’t Underestimate the Berniecrats!

EASTSIDER-When the dust cleared from the 23 candidate race to replace Xavier Becerra in the 34th Congressional District Special Election, Mariel Garza of the Los Angeles Times couldn’t resist a condescending Opinion piece with the pretentious title of LA voters didn’t just turn their backs on Berniecrat progressivism, they went positively Clintonesque.  

We’ll get into why this is balderdash in a bit, but first a confession from yours truly. I totally forgot that the boundaries of the 34th Congressional District don’t match up at all with the City Council boundaries. It basically covers all of CD1 and CD14, as well as all of Koreatown – as opposed to the Wesson-led effort that came up with the gerrymandered redistricting map that chopped Koreatown into four City Council Districts.

As a result, I didn’t check the financial reporting until it came out a few days before the election, and discovered Robert Ahn, who was not terribly visible in my area of town but still scored something like $500,000 in contributions as of that last reporting period before the election. Shame on me, and let’s hear it for Ahn, who came in second in the race and will face Jimmy Gomez in the June 6 runoff. My bad. 

Behind the Primary Numbers 

While Gomez and Ahn are the survivors of the primary, let’s not forget that between the two of them, they got less than 48 percent of the vote (25% and 22%) and nine of the 23 candidates got over 1000 votes, with Maria Cabildo scoring over 10% (4259.) That ain’t bad. From my point of view, these numbers repudiate the assumptions buried in the Times OpEd that it’s business as usual. 

Those numbers demonstrate to me exactly what the “Bernie Revolution” was really about -- creating the next generation of younger, grassroots, bottom-up progressive democrats that will take over the ho-hum Democratic Party establishment. Good for them and shame on Mariel Garza and the Times

And while Garza’s piece was written before the final tally, the actual final turnout numbers were 14% of eligible voters, not the 10% she reported. That represents some 43,000 voters, of which over 50% were vote by mail. While that is not a huge number, it isn’t terrible in a year where we have had election after election, with more to come, and a number of my friends have complained about voter burnout. Wouldn’t it be nice if we could rationalize our voting system? 

Also, the voting shift from going to the polls vs. mail-in-balloting is getting progressively larger, courtesy of the permanent vote-by-mail, called “permanent absentee voter” in Registrar-ese. I think that the 50% number is going to continue to grow, as people become less interested in taking their decreasing personal time to actually go to the polls on Election Day, and are more comfortable with social media and other not-in-the-flesh ways of communication. 

Democratic Clubs and the 34th Congressional District 

In large part because of all the interesting and contentious elections in what used to be boring old Northeast LA, our Democratic clubs have been growing by leaps and bounds. At last week’s Northeast Dems endorsement debate, around 200 members packed the venue to hear Gil Cedillo and Joe Bray-Ali. And these were actual dues paying members, since you had to be a member to vote. Good for them. 

I won’t get into the NEDC’s CD1 endorsement debate, since it mirrored other recent debates between incumbent Gil Cedillo and challenger Joe Bray-Ali. I will only say that the vote was overwhelmingly in favor of Gil Cedillo. The one variable I’m not quite sure about is that in the “old” days you had to have been a member by the beginning of the year to vote. I heard that the new criteria had a much shorter time frame and might have been responsible for the dramatic increase in the club’s numbers for this endorsement vote. 

As for the EAPD (East Area Progressives), they have had almost a geometrical membership growth, and are probably at around 800 members as I write this column. 

Since the Northeast Dems endorsed Jimmy Gomez before the primary and the East LA Progressive Dems have not yet made an endorsement, it made the April 25 meeting important. 

I will again have to admit that I wasn’t familiar with Robert Lee Ahn until recently -- I don’t go to Planning Commission meetings because I believe that they either do what the Council tells them or the Council will overrule whatever action they take. Mr. Ahn is on that Commission and it would have been helpful to see him in action, notwithstanding the City Council’s 15-0 closed ranks “we don’t care what the Planning Commission thinks” attitude. 

So I’m glad I attended the EAPD meeting. From a very articulate and passionate pitch by Mr. Ahn’s surrogate, Peter Choi, I will admit that I am fascinated, and want to learn more, not to mention meet and greet Robert Lee Ahn. A native Angeleno, (LAC/USC Hospital) he came up in the Congressional District, and ultimately became a practicing public interest attorney after obtaining his law degree from USC. 

His resume is seriously impressive. In addition to being on the LA City Planning Commission, he reads like an honest-to-god-no-kidding Bernie progressive, kind of like Joseph Bray-Ali in CD1, but this time, a straight-up lifer grassroots democrat with a real progressive track record. And a public interest lawyer to boot. 

Jimmy Gomez we know. Currently in the Legislature, well-spoken, and beyond a doubt the front runner. He’s endorsed by everybody -- Xavier Becerra himself, the California Democratic Party, and SEIU, and so on. 

At the meeting Mr. Gomez spoke very knowledgeably about current California legislation, like the Disclose Act (AB 14), which he co-authored and would require the big bucks donors on ballot measures to cough up their names. He also talked about SB 54 (the “sanctuary state” bill), authored by his friend Kevin de Leon -- which recently passed out the Senate. 

The Takeaway 

Here’s the thing. As with Council District 1, Congressional District 34 is an up-front carve-out designed to be a safe Latino District within our wonderfully partisan federal redistricting process. I’m so used to City Hall slicing and dicing Koreatown into digestible pieces, that I missed the fact that all of Koreatown is in the 34th Congressional District. And I’m sure that I am not alone in that unfortunate assumption. 

Still, it may not all be locked up for the front-runner Jimmy Gomez. After all, he wound up with only 25% of the total vote, about 2% more than Robert Lee Ahn. It’s all about turnout. If the real Bernie progressives show up in force, and there are enough of them on that list of 23 candidates, Robert Lee Ahn could win. As the primary proved, he has the ability to be raise enough funds and votes to be competitive in a runoff election. 

The trick is, Robert Lee Ahn needs to be able to reach out to everyone in the district to let them get to know him and see him in action, including me. Remember, this vote could have national implications in the toxic Washington battles to come. 

So I urge everyone to try and see both Ahn and Gomez before they cast a ballot. Hint, hint, the EAPD Endorsement Meeting will be on May 23, and it would be an excellent opportunity to see both candidates in action. You can find out more about them here.  

As readers of this column know, I love a real, competitive race for office. Witness Council District 1, the only runoff against an incumbent in LA City. Something is happening in Northeast LA, even as we gentrify. In this race the stakes are infinitely higher than for a local election, so we need to pay serious attention. This job could be for life, and we don’t need someone who will simply follow the Nancy Pelosi party line -- she and her pre-anointed candidate are what got Donald Trump elected President. 

And on a personal note, Xavier Becerra was absolutely loyal to Nancy Pelosi for his entire career in the U.S. Congress, and what he got for all that loyalty was to be passed over a lot. Even as Pelosi failed to take the hint that she’s why the Dems lost the House, and ran for re-election as House Minority Leader. 

Becerra’s a good guy (even if he has pre-endorsed in this runoff) and I’ve followed him his entire career. What the D.C. Dems did wasn’t right, and all their actions simply show that they won’t let the next generation step up and take their rightful place in Washington. You know, the ones that might actually be progressive. 

Follow this race closely, engage in the debate, and above all, VOTE if you are in the District!

 

(Tony Butka is an Eastside community activist, who has served on a neighborhood council, has a background in government and is a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

Why Can’t We Have Nice Things?

BELL VIEW-It’s a strange day in Los Angeles. The slow drip of slime that has been falling on the head of the only independent candidate for City Council – a guy I once described as a "ray of hope" – has started to leave a real stain.  My friend, Don, who’s been pounding the pavement for change since his training wheel days, appealed to everyone for empathy. But I can feel his heart breaking. “Why can’t we have nice things?” another friend asked in response to the breaking story.

I don’t know all the facts, but the ones I know don’t look good for the candidate. Somewhere, a former campaign staffer with an iPhone full of now ironic uplifting moments from this Cinderella story is dusting off her elevator pitch in anticipation of next year’s Sundance Film Festival. 

Empathy. It’s hard to find in an era of racism, homophobia, sexism, ageism, fat-shaming, slut-shaming, rape-explaining, and pussy-grabbing. Everything today quickly divides into two camps. And, although I believe in objective truth, and that some things are either right or wrong, I also believe that most of the answers we seek fall somewhere between the two camps. Not some squishy middle where nothing means anything, not the phony objectivity conjured by the “both sides do it” media, but true communities built among diverse people. For that kind of community to exist, we need empathy and we need optimism.

Joe Bray-Ali is done. He only ever had a snowball’s chance, and Gil Cedillo just turned up the heat. That Bray-Ali lit the match himself only adds to the sense of constant defeat that hangs in the air like smog. 

Why can’t we have nice things? 

Well … we can. Exhibit A: The Silver Lake Reservoir. Like everything, the discussion around the future of the “lake” has broken down into competing ideologies.  As usual, no discussion can take place without name calling and unfounded comparisons. Home ownership is likened to Trumpism; urban planning to ethnic cleansing; development to gentrification. I tend to divide the world up between the rich and the rest of us. 

But a park is something we should all be able to agree on. Parks are what cities do best. And LA needs more parks. 

I have a calculation I do whenever a politician in LA suggests turning some space into a park. I analyze the increased traffic flow, the impact on scarce parking resources, the potential influx of homeless people, the expense of building and maintaining the park…. 

And then I say yes.

I never met a park I didn’t like. A real park. People point to the disaster that is the “Triangle Park” in Los Feliz – but that was never anything but a glorified traffic median. Open the Silver Lake Reservoir up to people, wildlife, trees, benches, and – yeah – bathrooms and watch it blossom. I empathize with the fears of long-term residents who worry that their neighborhood will be turned into the Santa Monica Pier. I don’t see racism behind the desire to protect the single greatest investment of your life. But real progress almost always involves a leap of faith. And I have faith in the people of Los Angeles. 

Let’s make Silver Lake Reservoir a park. And let’s not stop there.  

(David Bell is a writer, attorney, former president of the East Hollywood Neighborhood Council and writes for CityWatch.) Prepped for CityWatch by Linda Abrams.

Homeless Kids Get Their Hollywood Moment

DEEGAN ON LA-Lost in the landscape of the homeless people we see across the city are youth experiencing homelessness, struggling to survive. 

They are out there, just like homeless adults, but they have a different sort of pedigree: many are “survivors” of the juvenile justice system or have been aged out of the foster care system. Parental neglect and abuse have also driven many young people into homelessness. 

Nearly 4,000 homeless youth are on the streets of Los Angeles, according to the most recent Los Angeles Homeless Service Authority (LAHSA) homeless count. 

They come into their new world of “independence” still dependent on others to help them with the basics that most non-homeless young people have already received from their families and their progression through school: food and shelter, socialization skills, job training and placement, as well as an education.

Many of these wanderers who are educated in the “school of life” find resources tailored just for them at My Friend’s Place in Hollywood. Here, dozens of youth experiencing homelessness drop in every day to access the core free offerings that include the social services triumvirate of Health and Wellbeing, Safe Haven, and Transformative Education programs. For these clients, that translates into case management, legal, medical and mental health referrals, meals and showers, creative arts workshops, educational assistance and help with employment. 

My Friend’s Place serves 1,400 individuals a year and is a member agency of Hollywood Homeless Youth Partnership that calls itself “a collection of preeminent experts on the issues of youth homelessness in Los Angeles, the current homeless capital of America.” As service providers, the Partnership agencies “work to achieve best practices in service delivery with the goal of strengthening interventions to help homeless youth exit the streets, overcoming the traumatic experiences at the core of their homelessness.” 

How does this work? According to Heather Carmichael, Executive Director of My Friend’s Place, (photo, left) “Working with the leading social services providers and educational institutions in the region as well as over 400 volunteers, My Friend’s Place offers a free and comprehensive continuum of care that combines emergency necessities with therapeutic, health, employment and education assistance, and creative arts services through three programmatic areas.” 

The professionally staffed drop-in Resource Center has in its mission statement the goal of “lowering the traditional barriers to service and providing homeless youth with the opportunity to improve their psychological, intellectual and physical capacity to reach their potential.” 

Carmichael has been doing this type of work for over 23 years as a Licensed Clinical Social worker helping at-risk and high-risk youth, and working at My Friend’s Place for 17 years where she has helped grow the organization to be one of the largest comprehensive service centers in Los Angeles for youth experiencing homelessness. 

The composition of this mostly invisible homeless youth population can be eye-opening: My Friend’s Place serves homeless youth ages 12 to 25 and their children. That’s right -- their children -- a mostly under-acknowledged population that is homeless, just like the more familiar populations that are segmented into homeless male adults, homeless women with children, and homeless veterans. 

Any entry barrier that could be created by the cost of services is kept deliberately low for the young people who flock to the safe haven of My Friend’s Place in Hollywood. Carmichael, her staff and dozens of volunteers all work to “create positive attachment” with them, as she describes their process. 

Along with traditional social services, My Friend’s Place has become a beacon for youth with a level of distress above the norm, as described in a recent snapshot by Children's Hospital Los Angeles. In side-by-side categories, these homeless young people were shown to be more vulnerable than homeless youth accessing services at other agencies. The needs assessment conducted by CHLA, with support from the California Endowment, was overlaid with data from My Friend’s Place, revealing that the homeless youth who access services at My Friend’s Place exhibit significantly higher rates of substance abuse, past trauma, and mental health challenges. 

Carmichael explains, “As for the level of distress of the youth receiving support here at MFP, many of the youth we serve have not been able to thrive in other structured environments and have lost housing, been banned from other community resources leaving them with fewer options and leading them to more intense survival behaviors, greater exposure to victimization and the further delaying of healing of childhood abuse and neglect. We operate as a kind of ‘urgent care’ center for youth who are super distrusting of adults and social services. We meet youth ‘where they are at’ in the ultimate intention to engage them on a path toward wellness and stability.” 

A good example of someone helped by their program is 23 year old "Alicia" (she asked that a pseudonym be used to protect her privacy) who offers that "being homeless, you quickly become used to people not caring. But there was never a day I felt like I couldn’t come to My Friend’s Place and find support. Eventually, with the help of My Friend’s Place and other organizations, I got into shelter, I got a job and I began to really work on myself." 

Being a homeless youth in Hollywood does not mean being without friends or a place to get help, as My Friend’s Place now demonstrates five days a week, operating for the past 29 years since 1988 when a small staff started it all by packing 50 sack lunches and heading out for their first Friday night meal drive. They were greeted by over 100 young people in need of food. It was the first of thousands of “moments” in Hollywood that have made My Friend’s Place “home” to homeless youth, and such a significant contributor to the community.

 

(Tim Deegan is a long-time resident and community leader in the Miracle Mile, who has served as board chair at the Mid City West Community Council and on the board of the Miracle Mile Civic Coalition. Tim can be reached at [email protected].) Edited for CityWatch by Linda Abrams.

Is Everybody Really on Board with LAUSD's Universal Enrollment?

EDUCATION POLITICS-The pro-privatization LA School Report (LASR) spun a school board committee meeting report last month to say that just about everybody in LAUSD wants charter schools to be included in a universal enrollment system. This was alarming since universal enrollment is an urgent priority of the charter lobby. 

“Common enrollment is a big Walton idea to put charters on the same footing as public schools,” education historian and national treasure Diane Ravitch told me in an email.

Whether they call it universal enrollment, common enrollment, unified enrollment, or OneApp, charters want to piggyback on the establishment. Always insisting that they are “public schools,” they want to be viewed that way by every parent, “regardless of zip code.” Similar enrollment systems in New Orleans and Denver were funded by the pro-charter Walton Family Foundation

Yet the headline to the meeting recap cheered, “All sides push for earlier inclusion of charters as LAUSD readies its Universal Enrollment site.” 

This caused a bit of a stir because the article said that even the privatizers’ nemesis, UTLA, was on board. 

“One of the committee members, Robin Potash, a teacher representing UTLA, said it was important for the district to include charter schools in the list of options and to do it faster than their present timeline….“We all know there are many new charters opening in the district and they should be included as soon as possible,” Potash said. “These are all our students and they should be listed as options.” 

Given that universal enrollment is such a boon for charters, could it be true that there is consensus among the California charter lobby, the UTLA representative and all three LAUSD board members on that committee? 

I called UTLA’s Robin Potash to find out if LASR quoted her accurately. 

She explained that her comments at the meeting came after a rosy presentation by the LAUSD School Choice department. (You can watch here.) 

One LAUSD staffer said it was like a shopping cart. “What this will allow parents to do now is a one stop shop.” 

We’re “hoping to increase the equity and access,” said another. 

That resonated with Potash. She said her school, located in South Central LA, has four co-located charters impacting it. She was hopeful that the inclusion of charters in LAUSD’s enrollment application would also bring some much needed oversight of them. 

Potash was looking for solutions to a problem that is so common that the ACLU issued a report last year admonishing the one in five California charter schools that were found using discriminatory enrollment practices, according to the report. The NAACP found discriminatory enrollment by charters to be such a significant problem that it called for a national moratorium on charter expansion until that and other issues were corrected. 

Maybe including charters in LAUSD’s enrollment process would be a way of making them more accountable for using the standard enrollment methods employed by district schools. At least that’s what Potash hoped. 

She’s not alone. 

Last year, California’s State Senate Education Committee held a hearing about charter oversight. The committee was asked to push school districts for common enrollment for the same reasons Potash thought it might help. 

In testimony to the committee, Silke Bradford, the Director of Quality Diverse Providers for Oakland Unified School District, suggested that a common enrollment system like New Orleans uses, would go a long way toward providing the oversight and accountability that charters need. You can watch her testimony here.  

She said for charter schools to be “pure public schools,” a term she coined to distinguish charter schools that are using public funds transparently from those that are not, they have to do better about including all students. Specifically, she asserted that the increased oversight of a common enrollment system would prevent exclusionary enrollment because all parents would get applications rather than just the parents handpicked by a particular charter or those savvy enough to navigate a complex system. She said charters would no longer counsel out students who proved challenging or expensive to educate. She also thought it would give foster students a better shot at enrolling. Left on their own, charters set application deadlines before foster youth are placed in homes. 

To be clear, Bradford is a charter oversight authority -- a former Green Dot Charter School administrator -- who was asking the State Legislature to push districts to enact common enrollment in order to help hold charters accountable for their failure to provide equitable access.

It should not be surprising, then, that someone would sit through a presentation about the wonders of universal enrollment and conclude that it could help provide some oversight that charters are currently lacking. 

Plus, LAUSD’s School Choice department was so convincing. You can watch their presentation here.

So it seems the policy makers are all in. What does the research say? 

Let’s visit the petri dish -- or swamp -- of charter takeover, New Orleans. Researcher and author, Mercedes Schneider previously examined the New Orleans’ unified enrollment experiment, “OneApp”, in July 2013. That post might have been the most in-depth review of the topic at the time. She said the selective enrollment has continued under OneApp. 

In fact, four years later, we now know that inequity is worse in New Orleans than it was before implementation of the common enrollment system, according to a Stanford University study.  

Education researchers Frank Adamson, Channa Cook-Harvey, and Linda Darling-Hammond have issued a report called, “Whose Choice? Student Experiences and Outcomes in the New Orleans School Marketplace.” 

In an email, Dr. Adamson told me, “The common enrollment approach is a major cornerstone of how schools end up selecting students (instead of the other way around). This usually occurs through a variety of loopholes (some schools maintaining neighborhood, sibling, or other preferential treatment), lack of equal access in the stratification by race and class in terms of access to higher performing schools.” 

You can read the full report here.   

Even a Walton funded report conceded problems. It quoted a parent as saying, “They make us believe that we actually have a choice and we’re involved in the process of picking our children’s school, but ultimately, if the computer didn’t pick your [lottery number], it doesn’t matter.” 

Last year, when Oakland Unified School District was considering common enrollment, Dr. Adamson was joined in a panel discussion by Julian Vasquez Heilig, the head of Cal-State Sacramento’s education leadership PhD program. He also chairs the education committee of the NAACP of California and is a board member of the pro-public school Network for Public Education co-founded by Diane Ravitch. His blog is called Cloaking Inequity

Dr. Vasquez Heilig said, “We know a lot about what happens with common enrollment from New Orleans.”  

He explained that the higher performing schools fill up and many kids get stuck in lower performing schools. The more elite or higher performing schools create additional hoops that some parents don’t have access to, such as attending seminars or filing extra applications.

“OneApp is disingenuous because there are alternative pathways,” into the higher performing schools, he said. 

He summed up the lessons learned in New Orleans this way: “They’re last or nearly last in every single education indicator.” 

The research on New Orleans provides extensive evidence about the consequences of unified enrollment. LAUSD officials should do their homework before implementing such a system in the second largest school district in the country.

Concerned about LAUSD's Universal Enrollment? E-mail, call or write your school board member:

  213-241-6387[email protected]
  213-241-6385
[email protected]
  213-241-6388
[email protected]
  213-241-6382
[email protected]
  213-241-5555
[email protected]
  213-241-6180
[email protected]
  213-241-8333
[email protected]

And the Superintendent:
[email protected] 
213-241-7000

 

(Karen Wolfe is a public school parent, the Executive Director of PS Connect and an occasional contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

 

Believe It or Not, Science is Real

CITYWATCH RESISTANCE WATCH--My day began bright and early yesterday at 5:00 a.m. I and two friends loaded up the car with our DJ equipment and headed off to the March for Science at Pershing Square. As official DJs for the march, we had permission to set up our gear at the corner of 6th and Hill. After setting up and securing our official t-shirts, I headed off to the press booth to pick up my press badge. 

The day was a scorcher but the mood was buoyant as some 50,000 people gathered to send a message to public servants from local and state officials to the Trump administration: BELIEVE IT OR NOT, SCIENCE IS REAL. 

I was doing double duty at the event which marked the 47th anniversary of Earth Day. I spoke to dozens of people of all ages and nationalities about why they came down to Pershing Square. Here is some of what they said: 

Earth Day 2017 at the March for Science LA    

The event was a great way to get first hand information from all manner of scientists, researchers, activists, educators and enthusiasts. The speakers list was filled with brainiacs like organizers Jennifer and Philip Wheeler, CSUN astrophysicist Farisa Morales, seismologist Lucy Jones, US congressman Brad Sherman, high school student Joanne Boadi, Children’s Hospital LA pediatrician Diane Tanaka, NextGen Climate founder Tom Steyer, Hidden Figures screenwriter Allison Schroeder, and CSUN plant biologist Maria Elena Zavala. 

The Square was lined with booths from scientific and environmental organizations such as NASA, Cal Tech and the Sierra Club with scientists and activists holding impromptu educational sessions right then and there. 

As for my time over at the DJ booth, we had people getting into the groove to the sound of cumbia, salsa, tribal, jazz and African beats with a dash of classic oldies from the 60s through 90s and a pinch of today’s top hits. We’ve also added a new addition to our collective – DJ Rockin’ Riot. His infectious brand of Record Hop with Wild Boppers, Hot Jivers & Cool Strollers had dreaming of lindy hop magic as they waited in line for the various offerings from the food trucks lining Hill Street near our booth. 

It was a beautiful day on Earth Day 2017 and I am filled with hope at the fact that 45 is making resisters out of people who never thought they would be protestors. #KeepResisting !!

(Jennifer Caldwell is a an actress and an active member of SAG-AFTRA, serving on several committees. She is a published author of short stories and news articles and is a featured contributor to CityWatch. Her column at www.RecessionCafe.wordpress.com is dishing up good deals, recipes and food for thought. Jennifer can be reached at [email protected].  Facebook: http://www.facebook.com/jennifercald - Twitter: @checkingthegate ... And her website: Jenniferhcaldwell.com) 

-cw

California Supreme Court: An Epidemic of Misconduct?

CORRUPTION WATCH-Secrecy is power. Power tends to corrupt. Corruption destroys. The courts are the most secretive branch of government. The secrecy which the California courts enjoy has resulted in serious constitutional violations. 

While anyone may bring a video camera to record other public meetings, the law forbids the recording any judicial proceeding without the express, prior permission of the court. California Rule of Court 1.150: 

1.150 (c) Photographing, recording, and broadcasting prohibited 

Except as provided in this rule, court proceedings may not be photographed, recorded, or broadcast… 

1.150 (d) Personal recording devices 

The judge may permit inconspicuous personal recording devices to be used by persons in a courtroom to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device must obtain advance permission from the judge. The recordings must not be used for any purpose other than as personal notes.

In contrast, California law mandates that all other public meetings may be recorded by the public. 

Government Code, § 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. 

Trials are not secret proceedings closed to the public and the Brown Act recognizes that the recording of a public meeting is no different from a person’s watching and listening to a public meeting. Is there any reason that people, including parties to litigation and the news media, must obtain the express permission of the judge in order to record a trial? Even if the judge permitted a record, under Rule 1.150(d) the recorder’s use is limited “personal notes.” “The recordings must not be used for any purpose other than as personal notes. Rule 1.150(d) 

Since we have all seen trial excerpts actually televised, the courts are ignoring the law when it suits the court’s interests. If a judge wants a recording made public, he ignores the law that limits the use to “personal notes.” In a nation based on the rule of law rather than the whim of men, judges should follow the law, but they do not. Rather, in California the judges and justices do whatever personally pleases them. That is tyranny. 

In the last several years, judicial abuse has become worse since the courts have ceased to have official court reporters. As a result, only the wealthy can afford to pay for court reporters and those court reporters are beholden to the law firm which retains them. The number of missing words and “inaudibles” which appear favorable to the party who hired the court reporter is suspiciously high. Others who were present in court not only do not have permission to use a tape recorder, but if they obtained permission, they are forbidden to use their recording to augment or correct an inaccurate transcription. “The recordings must not be used for any purpose other than as personal notes. Rule 1.150(d) 

It is worse than ironic that public court hearings during which someone’s life may be destroyed -- where he may be judicially robbed of all he owns or placed on death row -- may not be recorded, yet the Brown Act mandates that anyone may record a public meeting which discusses which sidewalks need repair. 

Sunshine Is the Disinfectant that Rids Government of Corruption 

Over a century ago in his book, Other People’s Money (1914), soon to be Supreme Court Justice Louis Brandeis wrote: 

“Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman. And publicity has already played an important part in the struggle against the Money Trust.” 

More than 100 years later, the disinfectant of sunlight is shut out of California courts. The power of secrecy keeps the public from knowing what is being done to them. The federal court system, however, is one institution with many opportunities to witness the persistent constitutional violations of the California judiciary. 

The nation has two court systems. While each state has its own courts, the federal government has its own system organized into districts. California State Courts fall in the Ninth Circuit Court of Appeals which covers the entire western United States. When it comes to the U.S. Constitution, the federal system has the final say. 

California’s Epidemic of Misconduct 

The Federal courts have been trying for decades to force the California courts to rectify their unconstitutional behavior. In January 2015, three federal judges complained that the California courts display an “epidemic of misconduct” and placed the blame on state court judges and, in particular, on California Supreme Court Chief Justice, Tani Cantil-Sakauye (albeit the problem predates her tenure.)

The January 2015 case involved both a lying jailhouse informant and the prosecutor who committed perjury in order to convict the defendant. When the State Court of Appeals learned about the lying jailhouse informant and the prosecutor’s perjury, they said it was “harmless error.” A prosecutor solicits perjured testimony and then himself falsely testifies in the front of the jury that the lying jailhouse informant is credible. Yet, the California judges find committing two felonies to be harmless error. As the three federal judges knew from their experience, this type of misconduct was not rare, but rather California was suffering from an epidemic. 

Federal Judges Acknowledge that the California Courts Will Persist in their Constitutional Violations 

As federal Judge Kozinski noted, prosecutors "got caught this time but they are going to keep doing it because they have state judges who are willing to look the other way." 

As Judge Kozinski predicted, a year later the federal courts were faced with the unconstitutional behavior of the California justices themselves. This time, the justices were not merely turning a blind eye, but they were, in fact, the perpetrators. The case was Curiel v Miller (9th Cir. # 11-56949, March 23, 2016.) 

Writs of Habeas Corpus, Briefly Explained 

The Curiel Case presents an esoteric issue for the layman, i.e. when may the federal court review the state court’s denial of a writ of habeas corpus? Simply speaking, when someone believes that he is wrongfully imprisoned, he may ask the court to be released. He seeks a writ of habeas corpus. If granted, the court then tells the jail to release imprisoned person. 

The writ process is slow since the wrongfully incarcerated person has to start with the trial court, work his way through the state court system, and if denied by the California Supreme Court, he has to petition the federal courts. Thus, a wrongfully imprisoned person can spend several months or years in jail without a just basis for being locked up. (Curiel was convicted in March 2006, and the Ninth Circuit issued its opinion a decade later in March 2016.) 

The California state courts have a history of locking up people who have done nothing wrong. Former U.S. Attorney Richard I. Fine, for example, was thrown in jail for fourteen months because he had brought to light the fact that all the judges in Los Angeles County were receiving millions of dollars in extra salary from the County. In retaliation, Attorney Fine was disbarred, ordered to pay hundreds of thousands of dollars and thrown in jail. Thus, readers should realize that we are discussing being soft on crime. People who have done nothing wrong except anger California judges can find themselves incarcerated. 

In his concurring opinion in the Curiel case, Judge Jay S. Bybee, who is a recent George Bush appointee to the Federal Court, related the extensive history of the Federal courts’ attempts to have the California Supreme Court provide an accurate explanation why a writ for habeas corpus has been denied. If a prisoner has filed his writ late, then the federal court may not review the propriety of his incarceration, but if his writ is defective, then the federal court may review and reverse the denial. Then, the prisoner may be released or he may have a new trial. 

California Supreme Court Intentionally Interferes with the Functioning of the Federal Judiciary 

In order to thwart the federal court’s review of its denial of habeas corpus petitions, the California Supreme Court often refuses to say whether the habeas corpus petition was late or defective. The California Supreme Court’s intentional perpetuation of this ambiguity prevents defective denials from being reviewed. As stated, a late habeas corpus petition is not subject to federal review. In order to take a case for review, the federal court needs to show that the case involved a defective writ. When the Supreme Court obfuscates the basis for denying the writ, the federal court cannot show that the writ was denied because it was defective. Can one imagine a more gross violation of constitutional rights than locking someone up and then refusing to tell the reviewing court why? (This conundrum has its origin with the U.S. Supreme Court which has established a habeas corpus writ review procedure that makes it easy for the state courts to violate the U.S. Constitution and evade review by the federal courts.) 

Thousands of Californians are subjected to these Constitutional Abuses 

Since there about 3,400 denials of writs of habeas corpus each year, a significant number of people are affected by the California Supreme Court’s intentional interference with the federal court’s work. Federal Judge Stephen Reinhardt stated that the California Supreme Court’s behavior leaves “even clearly erroneous constitutional decisions of the state courts...uncorrected and leave[s] defendants without the check on constitutional error…” 

The Constitutional Crisis that Arises from the Recalcitrant Nature of California Supreme Court Justices 

Federal Judge Jay S. Bybee went so far as to suggest that the California Supreme Court needs new justices. When the degree of intransigence in denying people their constitutional rights has become so serious that a federal judge recommends a change of the composition of the California Supreme Court, we have an extraordinarily grave constitutional crisis.

“I recognize that I am writing against a long history of conversations between our court and the California Supreme Court over precisely these kinds of concerns. Perhaps changes in the composition of that court will give it the opportunity to rethink how it disposes of its summary habeas docket.” Judge Bybee, concurrent opinion, page 25, fn 1. 

Federal Judge Bybee recognizes that the problem with the California judiciary rests with the character, or lack of character, of the people who serve on the court. Because a fish rots from the head down, his suggestion that the composition of the Supreme Court be changed focuses attention where it belongs – on the moral failures of the California judiciary.

 

(Richard Lee Abrams is a Los Angeles attorney and a CityWatch contributor. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch) Edited for CityWatch by Linda Abrams.

A Los Angeles (Rambling) State of Mind

MY TURN--Personally, it seems to be a combination of schizophrenia, paranoia, disillusionment, idealism, optimistic, and activism. It is difficult to be apathetic living in these times. Events and rhetoric   coming out of Washington DC ranges from the "Gang that couldn't shoot Straight" to "Wow maybe that was a smart move to get China to help with North Korea." 

This almost first 100 days of a new administration has not been boring. It would be good to have a little boredom right now. If I were a betting woman, I would bet that we will not have a "great" tax cut plan; a new "health care" plan; and a government funding continuation this week.   Congress and the White House will probably do what has been done in the past and kick the funding of the government on a temporary basis till September. 

At this stage neither the two political parties or the President can afford to shut the government down!

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Mayor Garcetti did his dog and pony act on budget matters last Thursday and again proved his position as LA's chief cheerleader. My CW colleague Jack Humphreville again jumped in with his "Sky is Falling" commentary on how the Mayor is not being realistic and gave his readers something more to worry about. Both of them are right.   So how do we get to a compromise? 

Unemployment fell in California and our GDP led the federal average. However if the Writers Strike occurs a lot of that good news will quickly disappear. We have the City run-off election on May 16th with two City Council seats, District 1 and District 7. I haven't received a ballot in the mail so I assume I am not involved in any of the runoffs.

I have mentioned in other articles how it seems we in Southern California lives in a bubble. Even Mother Nature looked favorably and ended our drought. Our Governor has done a good job in trying to insulate us from the misguided environmental rollbacks emanating from DC.   Whether they will result in punitive action from the President remains uncertain. 

I was happy to see the CALEXIT group eliminated their ballot initiative for now. California is an important part of this country and when things get tough you don't run away but marshal forces and make changes. 

Lots of hue and cry about California … in particular Los Angeles … being a Sanctuary State or City. I do think that we should deport felonious illegal immigrants. Why do it after their incarceration is beyond me. It is expensive housing prisoners. If they are convicted send them back to serve their prison term in their country of birth.

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Unless you are wealthy the prisons in the US are far nicer than those in other countries. To those who say the criminals will just come back ... we can take part of the ‘wall’ money and put in more technology and personnel to try and keep that from happening. 

Rather than building a "beautiful" wall on our Southern Border it would make more sense and certainly be a more efficient way of saving money and getting rid of undesirable elements. 

Driving without a license is not a felony. Driving without a license and DUI twice is cause for deportation and driving with or without a license and causing an accident is cause for deportation. Maybe we can accomplish two goals ... cut pedestrian deaths which have risen dramatically this last year... and get rid of those who put us in danger every time they get in a car. I wonder what the statistics are on those who commit more than one DUI?

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The two items I am most concerned about in the President's tentative budget are the 20% cut to the National Health Institute and the 30% cut in funding to the EPA. I lived in LA before we had strict regulations. I worked downtown and one couldn't see the next building because of the yellow/brown smog hanging there. 

Now we have more beautiful days than "smog" days. We will never get rid of smog permanently as long as we are a big city. Our geography and love of cars not horses or bicycles will not allow it. But to tell automakers they don't have to adhere to the standards Obama proposed is suicide for the coming generations.

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I can talk about the NIH (National Institutes of Health) from personal experience. Last month a young close family member was diagnosed with Leukemia. If it were eleven years ago her outlook would have been dismal. Fortunately, ten years ago a "miracle" drug was introduced that made this dreaded disease treatable and in many cases full remission was the outcome without the terrible side effects. 

The NIH gives grants to qualifying medical related individuals, pharmaceutical companies, scientists of every ilk to try and eradicate disease.   Again on a personal note, my Brother and Sister-in-law, (Lonnie and Paul Zeltzer) are academic medical Doctors.   As Director of the UCLA Pediatric Pain and Palliative Care Program, my sister-in-law was at the forefront in helping children and adolescents to manage pain. She is invited all over the world to teach some of the techniques she has been instrumental in discovering. 

I was a guest at a recent fundraising event for the UCLA Pediatric and Palliative Pain Program at UCLA. It was organized primarily for and by parents of children who had gone through the Pain Program. I sat there almost in tears and with great pride in hearing these parents talk about how their children not only survived but thrived. Several talked about having a child in a wheel chair and now several years later is a freshman at an away college, or back at a regular High School.   

There is nothing more precious to a parent than the well being of their children. My sister-in-law sits on one of the NIH advisory committees and attends meetings at the Washington DC facility. She has an NIH grant. My Brother is also a Professor and was part of several groups studying immunology for brain tumors. He also is called upon internationally to discuss his work and has been able to work on these life saving measures... and feed his family because of grants. 

If enough people raise their voices about these and other issues it will have an effect. The "March for Science" was awesome. Yes we need to balance our budget. What good is it to be able to shoot down a missile if more people die of heart disease and cancer because of funding? We need a balance! 

As always, comments welcome.

 

(Denyse Selesnick is a CityWatch columnist. She is a former publisher/journalist/international event organizer. Denyse can be reached at: [email protected])

-cw

March For Science ... More Like a War AGAINST Science!

LEANING RIGHT--The problem with fascists is that they can't be disabused of the fact that they're not always right.  And the problem with those who take a few factoids and call it "science" is that they ignore the reality that science, medicine, economics, and the scientific method takes us to really, really complicated (and often painful) conclusions. 

Which means those marching in the crowds are often wrong, while those being decried and demonized will later be proven right.  Galileo suffered a lot of grief for suggesting that the sun was the center of the solar system, not earth, because he defied those who mixed religion with politics. 

And now, the new "religion as science" paints Orwellian imagery of "climate change" as everything that should lead to statism, socialism, and those painting themselves as "know it all" types telling us how to live our lives while doing everything they can to get power confined to a small elite few. 

You like science?  I like science!  And so did most of my fellow nerds in high school and science, most of who have fled the state of California because that state does everything BUT do politics, economics and policy based on real science. 

We just had a big rally "for science" and "for the facts" that was filled with self-righteous individuals who are completely ignorant of how our city and county of LA, and the entire state of California is being driven into mathematical and scientific ruin. 

You hate climate change?  I hate climate change?  And without hesitation there's man-made climate change going on. 

But, what the hell are we supposed to do when those screaming about man-made climate change are those actually causing and worsening climate change? 

I graduated in 1985 from Roger Revelle College at UC San Diego, being its first graduate to do so in 9 quarters (thank you, high school AP classes, although I wish I could have spent another year learning and growing).  Despite graduating summa cum laude, I always felt that DOING well in school wasn't the same as LEARNING the subject or KNOWING the truth. 

Still do. And much of it has to do with my time spent with Roger Revelle, the man who championed the concept of liberal arts for scientists, and who first came up with the man-made climate change. 

He's the one who inspired Al Gore in the latter's political and economic crusades, but there's a key difference: Roger Revelle was a sincere scientist and student of both scientific and human nature, while Al Gore is a self-absorbed idiot who really only cares about ... Al Gore.   

Revelle inspired scientists and "Renaissance Man" types, while Al Gore inspires zealots and politicians who probably aren't that much into debate and thinking outside the political box. 

Anyone who's ever visited Glacier National Park knows that the glacier which inspired that name is rapidly disappearing over the last few decades.  Man-made climate change and other environmental impacts are very, very real.   

But Roger Revelle made it clear to me that what to OBSERVE and what to DO about man-made climate change, and what to DO about man-made and even natural impacts, requires pragmatic and scientific thought. 

When I raised concerns about how the United Nations was going astray in its mission for world diplomacy, governance and scientific policy, he made it clear to me that the answer was for the United Nations to be restored back to Western control (from whence it started) and not to let the crazies run the U.N. into the ground. 

In other words, the U.S. and Britain and France needed to bring the Third World to bear when it came to human rights, and to let science and population control be the right approach to how best to lead Planet Earth and Humanity to a better future. 

So let's review a few key issues about what REALLY is science: 

1) You like science?  I like science!  So why the hell are we destroying our middle class and our economy in this state, and its cities, and counties by taxation, anti-business policies, and one-party politics? Environmentalism and pollution cleanup requires MONEY, so thrashing our tax base by driving business to Texas and other states is ... well ... very UN-scientific. 

2) You like science?  I like science!  So why the hell did we, and are we, encouraging so many poorly-educated and poorly-skilled "migrants" when we should be focused on population control and importing well-educated, high-skilled immigrants who we can build a middle-class economy around. 

3) You like science?  I like science! Why, then, are we budgeting more for retired civil servants than for current civil servants and ignoring the pension problem?  Based on our population growth, we are about 3-5 UC colleges short and about 5-10 Cal State colleges short...while giving raises to a privileged, connected few that prevents poor and middle-class families from having a chance to succeed (without moving to another state, of course). 

4) You like science?  I like science! So why are we turning the other way when women's quality of life and empowerment are actually getting WORSE because they HAVE TO work while raising children, and/or have to CHOOSE between having a career and having children.  It's too damned expensive to raise a child in this state, unless you're filthy rich or don't work at all. (And how about raising a call against ANY Third World, anti-woman culture pervading our society and world, even if it's politically incorrect) 

5) You like science?  I like science! So where are all the tear-downs of some of the more blighted neighborhoods to create parks and open space? 

6) You like science?  I like science! So why have we no water or electrical infrastructure after years of ripping a new one into those decrying that lack of infrastructure?  Why are we mega-developing when we have insufficient water and infrastructure to support our current population? 

7) You like science?  I like science!  So why is debate being squelched?  You hate Trump ... fine. Lots of legitimate complaints about him abound.  But what got him elected?  Are the Democratic and Republican Party establishments he thrashed responding in a way that shows they "get it" with respect to the plight of the vanishing middle class? 

In short, Roger Revelle was a scientist.  We need scientists, not "social justice warriors" or "anti-fascists" who probably flunked out of any science class they ever took.  Scientists are nerds who report and say things people don't want to hear...but have to hear. 

In short, socialism, a lack of women's rights, a smashing of the middle class, not prioritizing education and higher learning, and true free speech helps science. 

In short, those "marching for science" may not be so much pro-science as they are marching for the status quo.  They're being played at best, and they're trying to get a "piece of the action" as this state, and its cities and counties, are devolving into a secular theocracy that is anything BUT what a scientist would want.

 

(Kenneth S. Alpern, M.D. is a dermatologist who has served in clinics in Los Angeles, Orange, and Riverside Counties. He is also a Westside Village Zone Director and Board member of the Mar Vista Community Council (MVCC), previously co-chaired its Planning and Outreach Committees, and currently is Co-Chair of its MVCC Transportation/Infrastructure Committee. He was co-chair of the CD11 Transportation Advisory Committee and chaired the nonprofit Transit Coalition, and can be reached at [email protected]. He also co-chairs the grassroots Friends of the Green Line at www.fogl.us. The views expressed in this article are solely those of Dr. Alpern.)

-cw

Resistance: LA Communities Demanding Control Over Sale of Alcohol in their Neighborhood

VOICES--The South Los Angeles Area Alliance of Neighborhood Councils (SLAAANC) voted to join the Westside Regional Alliance of Neighborhood Councils (WRAC) and dozens of other neighborhood councils and public health and safety organizations in supporting a motion to the Los Angeles City Council to reassert local community control over how alcohol is sold and served at new bars, nightclubs, liquor stores and other prospective alcohol retailers.

The motion calls for the reinstitution of “alcohol-specific conditions” on permits issued by the City, which enable community members to negotiate reasonable standards around how alcohol is sold and served, including hours of alcohol sales, types of products sold, drink specials, marketing to youth and other practices. Utilizing local conditions is the means by which local residents and other stakeholders, including LAPD, neighborhood councils and city council members, can mitigate problems that stem from retail alcohol establishments.

For decades, the City allowed community members to negotiate alcohol-specific conditions with new alcohol businesses, but in recent years reversed this practice, not only disallowing such conditions, but also systematically removing them from all existing alcohol licenses.

“The recent position by the City severely disempowers local communities and undermines public health, safety and quality of life for residents across LA,” stated Jean Frost, West Adams Neighborhood Council and SLAANC board member. “On principle alone, the current practice must be reversed, and the groundswell of votes in favor of this conditions motion is a call to the City Council to step up for neighborhood quality of life by doing just that.”

Cities and counties throughout the state allow and routinely utilize alcohol-specific conditions on local permits to help minimize alcohol-related problems associated with the rapidly growing number of restaurants, bars and other alcohol retailers. Without the ability to negotiate how new businesses sell and serve alcohol at a local level, through the planning and zoning process, community members are forced to do so at the state level through the Department of Alcoholic Beverage Control, which takes longer and places more burden on community members.  

“For decades, the City of Los Angeles allowed conditions to be placed on the sale of alcohol under its land use and planning authority,” said Sarah Blanch, Venice resident with Westside Impact Project. “There is absolute legal precedent for local control. Asking us to negotiate at the state level is an undue burden and really suppresses community voices.”

 The motion approved last night by SLAANC also calls on the City Council to cease the City’s new practice of removing existing alcohol-specific conditions from local permits. According to the motion’s organizers, these conditions are arrived at by a substantial consensus process between the new business owners and neighboring residents.

“These hard-fought agreements are being actively disregarded and stripped from the permit without any notification from the City whatsoever,” observed Frost. 

Organizers also say that the ability to negotiate conditions at the local level is good for businesses by streamlining the process for developers and allowing community members to say yes to projects they would otherwise oppose. 

“Alcohol-specific conditions negotiated through local planning and zoning departments are a ‘path to yes’ for businesses,” said Dana Sherrod of the Institute for Public Strategies, one of the public health agencies championing the initiative. “Through local conditions, LAPD, Council Offices and community members can negotiate with businesses to reach agreements that allow projects to move forward.”  

So far, a total of 16 neighborhood and community councils have approved the measure. More than a dozen community organizations have also publically endorsed the conditions motion, including Children’s Hospital, Alcohol Justice and Behavioral Health Services.

Advocates for the motion say its recent successes underscore the high level of concern residents across the City have about maintaining quality of life in Los Angeles neighborhoods in the face of the proliferation of bars, restaurants and liquor stores.

A 2016 Los Angeles County Department of Public Health report, “Alcohol Outlet Density & Alcohol-Related Consequences by City and Community in Los Angeles County,” demonstrated a strong link between many public health and safety problems — including violent crime, emergency room admissions and hospitalizations — and alcohol retailers. According to the study, 12 of 15 Los Angeles City Council districts rank in the highest tier for their incidence of three or more different alcohol-related problems: violent crimes, vehicle crashes, deaths, emergency department visits and hospitalizations.

Organizers are confident the support for the initiative from community groups and neighborhood councils, public health agencies and social service agencies citywide will speed the motion’s path to consideration by the City Council.

(Sarah Blanch speaks for The Westside Impact Project. The WIP aims to reduce alcohol problems in Santa Monica, Venice and Westwood at the community level. The Project is funded by the Los Angeles County Department of Public Health and directed by the Institute for Public Strategies, a nonprofit organization utilizing evidence-based strategies to help communities make lasting improvements in health, safety and quality of life. Project implementation assistance is provided by CLARE Foundation, a nonprofit organization that provides substance abuse prevention, treatment and recovery services. To learn more, please contact the Westside Impact Coalition at 310-215-9924 or by email at [email protected].) 

-cw

The State of Black LA: 25 Years After the Flames … Burned Out Lots are Still Empty

URBAN PERSPECTIVE--It has become a ritual with me. On the 10th, 20th, and now 25th anniversary of the LA riots, I do a press tour of several of the same burned out empty lots in South LA. I preface the tour with a finger point at the empty lots, and ask, no challenge, with the question: “Why years after the riots are these empty lots where thriving businesses once stood still empty today?” (See photo above)

I quickly point out that in the years, no decades, since many parts of Los Angeles from the Westside to downtown have been virtually remade and billions have been poured into the construction of glitzy, pricey, showy, and functional office buildings, retail stores, boutiques, restaurants, hi-tech centers, and light industry and manufacturing enterprises.

The building bonanza has resulted in thousands of new construction and entry level and professional jobs. In the process, it’s enriched the tax coffers of the city and surrounding cities. The lame excuse that there’s no economic incentive to build in South L.A won’t fly. Residents spend millions on consumer goods and services, tens of thousands are well-to-do business and professional and trades persons, and they repeatedly clamor for quality retail, restaurant and service business in South LA. But the lots remain empty.

While speaking with the press at the burned-out lots, my mind continually goes back to those two fateful days at the end of April and the first day of May 1992, I ducked around police cordons and barricades, and cringed in fear and anxiety at the cackle of police gunfire and the non-stop roar of police fire engines and siren all around my house in South LA.

I choked, and gagged on and was blinded by the thick, acrid smoke that at times blotted out the sun and gave an eerie surreal Dante’s Hell feel to Los Angeles.

I watched many Los Angeles Police Department officers stand by virtually helpless and disoriented as looters gleefully made mad dashes into countless stores. Their arms bulged with everything from clothes to furniture.

I watched an armada of police from every district throughout California and the nation, National Guard units and federal troops drive past my house with stony, even scared looks on their faces, but their guns at ready.

I watched buildings, stores and malls that I shopped at and frequented, instantly disappear from the landscape in a wall of flames.

Several friends that lived outside LA and were concerned about my safety implored me to leave my home in the middle of the riot area and stay with them until things blew over. I thanked them but I decided to stay put. As a journalist, I felt bound to observe and report first-hand the mass orgy of death and destruction that engulfed my South Los Angeles neighborhood during the two fateful days of the most destructive riot in U.S. history. 

The warning signs that LA was a powder keg were there long before the Simi Valley jury with no blacks acquitted the four LAPD cops that beat Rodney King. There was the crushingly high poverty rate in South LA, a spiraling crime and drug epidemic, neighborhoods that were among the most racially balkanized in the nation, anger over the hand slap sentence for a Korean grocer that murdered a black teenage girl, Latasha Harlins, in an altercation.

Black-Korean tensions that had reached a boiling point.

And above all, there was the bitter feeling toward an LAPD widely branded as the nation’s perennial poster police agency for brutality and racism.

This year, on the 25th anniversary of the King verdict and the LA riots, many still ask the incessant question: Can it happen again? The prophets, astrologers and psychics couldn’t answer a question like that with absolute certainty. But there are two hints that give both a “yes” and “no” answer to the question.

The yes is the repeated questionable killings of young unarmed African Americans by police, such as Michael Brown, Ezell Ford, Eric Garner, and Philando Castile, nationally and in LA County. This continues to toss the ugly glare on the always fragile, tenuous, and at times openly hostile relations between African Americans and the police. The other cause for wariness is conditions in South LA and other urban communities.

On the fortieth anniversary in 2005 of the other LA riot that ripped the nation, namely the Watts riots in 1965, the LA chapter of the National Urban League and the United Way issued an unprecedented report on the State of Black LA. 

The report called the conditions in South LA dismal, stating that Blacks still had higher school drop-out rates, greater homelessness, died younger and in greater numbers, were more likely to be jailed and serve longer sentences, and were far and away more likely to be victims of racial hate crimes than any other group in LA County. The most cursory drive through the old riot areas still shows that for many residents little has changed.

The LA riots are no longer the national and world symbol of American urban racial destruction, neglect and despair. But it’s is still a cautionary tale; a warning that in the Trump era, the poverty, violence and neglect that made the LA riots symbolic may not have totally evaporated twenty-five years after the flames. And, so it will remain … as long as the lots, and what they symbolize, remain empty. 

 

(Earl Ofari Hutchinson is an author, political analyst and a CityWatch contributor. He is the author of In Scalia’s Shadow: The Trump Supreme Court (Amazon Kindle). He is an associate editor of New America Media. He is a weekly co-host of the Al Sharpton Show on Radio One.)

-cw

Why LA Marched for Science: Because Reality Matters!

GELFAND’S WORLD--The April 22 March for Science brought out at least a hundred thousand people on the west coast alone. If we count the demonstrations in other American cities including Washington D.C. -- and the marches in dozens of other countries around the world -- the world wide attendance was likely in the millions. 

The importance of the event is summarized in the speech by noted seismologist Lucy Jones, which communicated the theme that reality matters. More of that below. 

Unfortunately, what I saw of local television news ignored the Jones speech. The few seconds of coverage available on the 11 o'clock news involved brief comments from marchers, shown as if this were the Rose Parade. The efforts of tens of thousands of serious minded people can't compete with car chases. So much for the myth of liberal media bias. 

Luckily, the Los Angeles Times ran Lucy Jones' speech (linked above). Please read it if you haven't done so already. 

Reality matters. The idea seems obvious. Why must we have to recite it out loud? And why is doing this so urgent? The answer is sadly obvious: It is the underlying political environment that made this speech and the march necessary. 

Reality matters in the sense that we can't continue to ignore global warming without enduring serious consequences not only on a global level, but also in our own communities. To borrow from an earlier Zocalo discussion, if the San Fernando valley were to suffer a heat wave that went to 127 degrees for several days in a row, how would our people deal with it? What would the death toll be? What would happen if this were to become the normal state of affairs in most summers yet to come? 

That would obviously be a reality that matters. The only question is whether it will happen, and how soon. 

Jones (photo) pointed out, "No one who understands how climate works thinks we can continue to pollute our atmosphere without catastrophic cost." 

That message, repeated by other speakers and by many scientists over the past few years, leads us to the central point that television avoided and public radio kind of dodged. The March for Science was in fact totally political, but not because science itself either is or is not political. Science has tried to be science rather than politics for most of its existence. But the march was necessary and it was necessarily political because a war against science has emerged out of the political right wing as a cynical and utterly dishonest political technique. 

The motives for this attack on science are presumably economic rather than philosophical, but whatever the ultimate origin, the result has been an assault on facts, reason, and rationality. It started as a political attack against governmental regulations, and has gradually expanded, by now including direct attacks on the actions and budgets of the Environmental Protection Agency, the National Institutes of Health, and other critical departments. The situation has now become so serious that rational people feel that they have to respond. To put it a little more bluntly, the new administration has ramped up the war on science so aggressively that a determined response became necessary. 

Public radio did get one thing right. The Republican war on science is a war on environmental protection. Attacks on the functioning of the Environmental Protection Agency serve a remarkably cynical economic purpose. But in order to rationalize those attacks, the congress relies on two strategies -- (1) attack the science that has already become publicly known, and (2) forbid the agency to fund new science. 

The careful observer might notice one little subtlety in all of this. If climate change brought on by human action is a myth, then further research will eventually reveal that as a fact. On the other hand, if climate change is ongoing and is the result of human actions, then continued research will continue to be consistent with that result. Working theories that are based on solid natural events continue to give positive results no matter how you study them -- we will continue to find that DNA determines heredity using whatever methods happen to be at hand, because DNA is the hereditary chemical. Such theories are robust in the sense that experiments based on them continue to give positive results. So far, anthropogenic global warming is looking to be a robust theory. 

In championing the denial of climate change as the result of human economic activity, the Republicans have profoundly endangered the future not only of countless species but also of the human race. 

Consider the sum total of the following: the scientific method, the results of using that method, and the sum total of scientific findings (ranging over climate science, medical science, geology, biology, and more). For this collection of techniques and results, we used the word science as the defining symbol on April 22. In a sense, the word science is being used here to represent both reality and our best methods for discovering what that reality is. Reality matters. 

It's relevant to insert a few words from the famous Richard Feynman speech titled Cargo Cult Science, talking about the scientific method:

 

That is the idea that we all hope you have learned in studying science in school—we never explicitly say what this is, but just hope that you catch on by all the examples of scientific investigation.  It is interesting, therefore, to bring it out now and speak of it explicitly.  It’s a kind of scientific integrity, a principle of scientific thought that corresponds to a kind of utter honesty—a kind of leaning over backwards.

 

Feynman was a strong exponent of another principle which I will paraphrase as follows: The one test for whether a scientific idea is valid is experiment.

 

Suffice it to say that in science, it's the facts and the theoretical analysis of the facts that matter. Unfortunately, some politicians and corporate hacks have adopted a different approach, in which attacks on the scientists themselves have become the norm. For years now, the core right wing attack on climate scientists is that they tailor their work to what funding sources demand. When you look at the attacks on climate science by the politically motivated, you come to realize that the attackers are simply projecting their own worst quality -- slavish obedience to dogma -- onto scientists. Instead, those who attack climate science should be looking in the mirror.

 

Perhaps some of the more thoughtful conservatives should reconsider being anti-science

 

It's curious that the leaders of a couple of coal companies have recently asked the Trump administration to hold off on pulling out of the Paris agreement to limit global warming. It's not so much that they've suddenly gotten religion over scientific facts. It's that they would like to be included in international negotiations over the use of coal because they want to be able to export their coal overseas. This is the utilitarian motive for being part of the discussion. You can't go into an international discussion babbling like a fool and expect to be taken seriously.

 

There is another reason. As the facts accumulate and as global warming becomes more and more apparent, the denial group looks more and more irrational. At some point, those who deny the reality of scientific findings will be seen to be idiotic. It's not a happy position for those who want votes from the more thoughtful members of the electorate.

 

(Bob Gelfand writes on science, culture, and politics for CityWatch. He can be reached at [email protected]

-cw

Women’s March LA Foundation Ready to Rock May Day

THIS IS WHAT I KNOW-Signatures of the post-Inaugural Women’s Marches in Los Angeles and around the globe were the peacefulness and inclusion, features Women’s March LA Foundation aims to bring to LA’s annual May Day March. This year, Los Angeles March organizers are lending their muscle to May Day 5.1.17 My Voice, My Vote. I sat down with Emiliana Guereca, Co-Executive Founder of Women’s March LA Foundation to talk about the organization’s role in the upcoming event. 

The organization will lend support to the May 1 California-based SEIU USWW-sponsored General Workers’ Strike. The SEIU, the country’s largest service union, has called for a general workers’ strike on the historically important May 1. Women’s March LA Foundation was created to focus on the struggles faced by marginalized communities, as well as assaults on human rights and civil liberties. 

Emiliana Guereca says, “In the past, May Day has not been very peaceful and the Women’s March was peaceful. When they asked us to participate, we said ‘Yes.’”

The Women’s March LA Foundation brings a new, crucial angle to the annual protest -- getting out the vote. “Our big thing was voter education and registration. We can have as many marches as we want but if we don’t turn out to vote, we won’t turn the needle,” says Guereca. The Foundation has partnered with Rock the Vote for the roll-out of a Voter Registration Initiative in Los Angeles and throughout California. 

“We want to empower people to let their legislators know what is important to them on Election Day. Voter registration and education are key to social change and we are excited to partner with Rock the Vote in Los Angeles, across the state of California, and we hope nationally as well,” adds Guereca. 

“We have a few schools in LAUSD and some private schools, different charter schools, two groups coming from UTLA and USC, as well,” says Guereca. “We have lots of volunteers from USC to help with voter registration. Across the board, our pledge is voter turnout. Those already registered can check where they are registered, which has been an issue.” 

Guereca adds that an additional goal is to educate about the power in voting. She says many Millennials and Latinos say their votes don’t count. “If your vote doesn’t count, I tell them, why are so many trying to switch things around or take it away? It’s obvious it counts,” she explains. “By reaching parents, we can get to kids at a young age. We cannot walk into the space at voting age when they might not be going to vote if they believe it won’t matter if they are active.” 

Aware of recent events in Berkeley, Guereca notes that there’s a possibility of resistance on the other side. “Our core is to be peaceful and our core messaging is not to engage in the negative,” she notes. “We have different opinions but we must be respectful of the space and the city around us. We aren’t going to get anywhere unless we respect each other.” As numerous fights seem to pop up almost daily, Guereca says we need to focus on Flipping the House in 2018. 

Guereca encourages anyone interested in participating in the day’s events to pre-register in advance for logistical purposes through Event Brite or at the foundation website.  Organizers have been coordinating with Metro and LAPD, as well as the Fire Department and have partnered with groups to bus people in. “We’ve been working with city officials. We will have music all day at Pershing Square, as well as speakers and interactive booths. The City has definitely been very helpful with resistance,” she says. 

About May Day: May 1 has been recognized as International Workers Day since 1886 when on that day, 35,000 workers went on strike for an 8-hour workday. California-based SEIU-USWW, whose members include janitors, bank security officers, baggage handlers, hospital staff, hotel workers, and stadium and amusement park workers is calling for a General Strike on Monday, May 1. 

About Rock the Vote: The largest nonpartisan, nonprofit organization in the country has a mission of driving the youth vote to the polls. Since 1990, Rock the Vote has fused pop culture, music, art and technology to build long-term youth political power and in the past six Presidential elections, the organization ran the largest voter registration drives for young people, working with over 25,000 partners through its online multilingual voter registration tool. Rock The Vote is committed to mobilizing the vote, protecting voting rights and advocating for an electoral process, as well as a voting system that works for the Millennial generation.

 

(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.) Prepped for Citywatch by Linda Abrams.

Defining Moment: Will California End Its Money Bail System?

CAPITAL & MAIN-A nationwide movement that began 53 years ago to reform the pretrial incarceration and money bail process has finally reached the legislative committees and political bargaining tables in Washington and Sacramento. Reform advocates – including legislators, prosecutors, attorneys, judges and grassroots organizations – contend that the use of a money bail system for pretrial release is unfair to the poor and unsafe for the public. 

In 1964, then-U.S. Attorney General Robert Kennedy told the Senate: “Every year in this country, thousands of persons are kept in jail for weeks and even months following arrest. They are not yet proven guilty. They may be no more likely to flee than you or I. But nonetheless, most of them must stay in jail because to be blunt, they cannot afford to pay for their freedom.” 

Kennedy’s efforts helped pass the Criminal Justice Act of 1964 and the Bail Reform Act of 1966, which created a presumption of release before trial for most federal defendants, and mostly did away with the money bail system in federal proceedings. But not for local and state jurisdictions, which account for most of the country’s jail population and in which the money-bail system still controls the release of defendants, dangerous or not. Only two countries, the U.S. and the Philippines, currently use the money bail system, according to California legislators. 

Four months ago California State Senator Bob Hertzberg (D-Van Nuys) and Assemblyman Rob Bonta (D-Oakland) introduced the California Money Bail Reform Act of 2017 — identical pieces of legislation (Senate Bill 10 and Assembly Bill 42) that would phase out excessive money bail systems statewide for most misdemeanors and some nonviolent felonies. And this past March, Los Angeles-area Congressman Ted Lieu introduced the No Money Bail Act of 2017 in Washington. 

Median bail in California is $50,000. If an arrestee uses a bail bond agent, he or she has to pay the agent a nonrefundable 10 percent for release – in the case of the median bond, that’s $5,000. Even bail for many misdemeanors can run over $1,000 – still beyond the reach of many indigent defendants. This results in poor defendants spending weeks or months in jail awaiting trial, causing the loss of jobs, homes, cars and in many cases, the family’s primary breadwinner. 

According to a report issued by the Public Policy Institute of California (PPIC), more than 62 percent of county jail inmates are awaiting trials or sentencing, translating into about 46,000 Californians on a daily basis, say Hertzberg and Bonta. Most remain in jail because they can’t afford bail. 

“The current cash bail system is the modern equivalent of a debtor’s prison — it criminalizes poverty, pure and simple,” Hertzberg told a December news conference when he and Bonta introduced their legislation.

“In many cases,” added Bonta, “if you have enough money to pay your bail, you can get out of jail regardless of whether you are a danger to the public or a flight risk. But if you’re poor and not a flight risk or a danger to the public, you are forced to stay in jail, even when the charge is a misdemeanor. That’s not justice.” 

Ato Walker of San Jose shared his own story at that same press conference. 

“I was falsely accused of something and went to jail for five days,” Walker told reporters. 

“My bail was $165,000 initially and through the arraignment my bail got to be down to $85,000,” he said. “And that’s after I had hundreds of letters of support from people in my community saying I was a decent human being…but still inside the courtroom the district attorney said it seems like he’s a threat to society and the judge went with that.” 

Walker was released, he said, when his mother, a retired U.S. Postal Service worker, came up with the 10 percent he needed to pay a bail agent. 

A choked-up Walker, who was there with his young son, said he recognized he would have had to stay in jail. “If my mother had not stepped up and taken money out of her retirement account … [she did] that so I could be there to support my family.” 

When Walker eventually went to his pretrial proceeding, he said, the charges against him were dropped. But his mother lost the money she had to give a bail agent to get him out of lockup.

Walker said he appreciated the support that he got from his family and the community, but that he knew that many poor detainees don’t have that support and he wanted to publicly thank the politicians who are trying to change the current bail system. 

Bonta and Hertzberg are heading a coalition of support that includes Lt. Governor Gavin Newsom, the American Civil Liberties Union, Californians for Safety and Justice, the Ella Baker Center for Human Rights, the Essie Justice Group, Western Center on Law and Poverty, Service Employees Union International, California, and others. 

Instead of relying exclusively on a money bail system that forces people to pay nonrefundable deposits to private companies, Bonta and Hertzberg are seeking a system that follows the lead of the federal government, the District of Columbia’s local courts and a number of other states that have already reformed their systems. 

Those systems rely mainly on pretrial services and assessment examinations to cut down on the pretrial jail population, thereby saving tax money, increasing rates of court appearances by detainees who have been bailed out and protecting the public by refusing bail to inmates deemed a danger to society or a flight risk, no matter how much money they have. 

Assemblyman Richard Bloom (D-Santa Monica) a coauthor of AB 42, said at the December news conference that research has shown that “prisoners held two or three days are 22 percent more likely to fail to come to court.” 

The proposed legislation, as currently written, will require counties to set up a “pretrial services agency that would be responsible for gathering information about newly arrested persons, conducting pretrial risk assessments, preparing individually tailored recommendations to the court and providing pretrial services and supervision to persons on pretrial release.” It also: 

  • Provides for the use of “unsecured appearance bonds,” by which defendants agree to pay a specific amount if he or she fails to appear in court. 
  • Gives reminders to defendants about upcoming court dates, and helps with transportation, if needed. Money bail options are included in these bills, provided the bail is the “least restrictive necessary to assure the appearance” in court, and the court must conduct an inquiry to determine the defendant’s ability to pay the bail. 
  • Enables prosecutors to file a motion for pretrial detention and precludes people from being eligible for pretrial release if they are charged with a capital crime, a felony involving violence or sexual assault, or if the person’s release would likely result in harm to others, or if the person had threatened harm to others. 

Hertzberg’s bill passed through the Senate Public Safety Committee by a 5 to 1 vote in early April and is headed to the Senate Appropriations Committee. Bonta’s version of the bill receives a hearing Tuesday in the State Assembly’s Committee on Public Safety. 

The cost to house California inmates averages about $114 per day, according to the PPIC. In Los Angeles the average cost for Fiscal Year 2015-2016 was slightly more than $178 per day, according to the Los Angeles County Sheriff’s Department, which reports that about $797 million – or 24 percent of the department’s total budget – goes to operate the county’s jail system. 

There’s been no study done in LA County regarding how many inmates remain in its jail system because they are too poor to post a money bail, said sheriff’s spokeswoman Nicole Nishida.

Based on the experience of other locales, Bonta said, he’s learned that most nonviolent offenders will show up for their court appearances and not commit additional crimes after they’ve been released from jail without posting a money bond. “I also learned that over 50 percent of the jail cells were being taken up by people who couldn’t pay bail,” Bonta said, noting that the current money bail system is “clearly discriminatory against the poor and people of color.” 

In addition to a mandatory pretrial risk assessment examination, Bonta told Capital & Main, he’s also open to using ankle monitoring systems and even small bail amounts — for example, $100 — as a very last resort. 

Beth Chapman, (photo left) the wife and business partner of the reality TV bounty hunter, Duane “Dog” Chapman, has testified before a federal Court of Appeals panel that “people are not in jail because they’re poor. They are trying to paint a picture that all poor people are languishing in jail, and it just isn’t true.” She has also appeared in Breitbart News interviews on the subject of bail reform, which the right-wing site has connected to plots allegedly hatched by billionaire George Soros and others.  

Capital & Main’s repeated phone calls for comment to the Professional Bail Agents of the United States, a trade group Beth Chapman heads, were not returned. The organization’s website, though, warns in red letters that “the bail industry is under attack!” Capital & Main’s calls to another bail-bonds trade organization, the California Bail Agents Association, were also not returned. 

Jeff Clayton is the executive director of the Lakewood, Colorado-based American Bail Coalition, a 10-year-old trade association representing insurance underwriters of bail bonds across the country. In California, he said, all bail bonds must be underwritten by an insurance company. 

Clayton told Capital & Main that nationwide, the bail bond industry is a multibillion dollar business and that lobbying efforts against the California and House versions of bail reform are in full swing. He insisted the vast majority of bonds issued help guarantee that defendants would show up for court. 

Clayton acknowledged that there were problems related to the top 10 percent of bonds issued to defendants who could be dangerous or flight risks, and to the bottom 10 percent of indigent defendants. 

He said that the industry would be open to working with legislatures to fix those problems, especially regarding misdemeanor defendants. 

Clayton also said there were discussions underway with Hertzberg and Bonta’s offices on their proposed bills and that he felt confident that a “viable compromise,” which would maintain the money bail process in California, could be worked out. 

Ted Lieu’s previous No Money Bail Act died in the House last year. His 2017 version is short and straightforward. It would prohibit the payment of money as a condition of pretrial release in any federal case. (Federal judges can still order property bonds as a condition of release.) It would also amend the Omnibus Crime Control and Safe Streets Act of 1968 to make any state that did not reform its bail system within three years of passage and signing of this law, ineligible for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program. 

In Fiscal Year 2016 California received more than $28.9 million in JAG awards, with more than $10.7 million going to counties and cities, and more than $18.2 million going to the California Board of State and Community Corrections, according to Lieu’s office. 

“Some conservatives and libertarians have shown interest because reform will save tax money and the bill is flexible on how states can handle the reform process,” Lieu said. “Kentucky is a very red state and yet they have instituted reform measures in their bail system.” 

The U.S. Justice Department, under former President Barack Obama and Attorney General Eric Holder, also weighed into the debate over bail reform, filing friend-of-the-court briefs in several cases in Georgia and Alabama in 2015 and 2016 — calling money bail systems that continue to jail defendants because they are poor unconstitutional. Civil rights division attorneys filed court papers stating categorically that “bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment.” Justice Department attorneys also stated, “Fixed bail schedules that allow for the pretrial release of only those who can pay, without accounting for the ability to pay unlawfully discriminate based on indigence.” 

Washington, DC’s local courts have the most experience using a pretrial release system that is based on inmate assessments rather than money bail. Cliff Keenan is the director of DC’s Pretrial Services Agency, a federally funded, independent entity within the Court Services and Offender Supervision Agency charged with formulating release recommendations and providing supervision and services to defendants awaiting trial. His office handles some 22,000 cases a year, including 4,000 felonies and 17,000 misdemeanors. 

Keenan told Capital & Main that the District stopped using any money as a condition of pretrial release in 1992, when a new Bail Reform Act mandated that defendants would receive a hearing with 24 hours of their detention to determine their release status. The act’s reforms have also enabled judges to hold defendants without bail, Keenan said, “if they were determined to be a flight risk or a danger to the community or to witnesses in their case.” 

While there have been failures, Keenan pointed to his office’s latest published figures showing that “91 percent of released defendants remained arrest-free while their cases were adjudicated; 98 percent of released defendants were not rearrested for a crime of violence while in the community pending trial; 90 percent of released defendants made all scheduled court appearances and 88 percent of released defendants remained on release at the conclusion of their pretrial status.” 

New Jersey, the most recent state to reform its former money bail release system, began its new system in January. Elie Honig, New Jersey’s Director of the Division of Criminal Justice, told Capital & Main the bail reform process began in 2014 and first required a vote to change the state’s constitution so that dangerous criminals charged with non-capital crimes could be held without bail after their arrest. 

“The reforms have focused more of our attention on dangerous cases – and in those cases prosecutors are fighting hard for detention without bail,” Honig said. The first report on the impact of the state’s reforms is due by the end of June. 

New Jersey’s new system uses a computerized Public Safety Assessment (PSA), six-point tool to quickly issue a score for each defendant based on various risk factors, including the seriousness of the alleged crime, and the defendant’s criminal and court history. The PSA tool, Honig said, was not the endpoint but a starting line for determining whether a defendant could be safely released. The state’s pretrial services agency is then charged with providing a full assessment of a defendant’s risk forrelease before a judge determines the final outcome. 

The new law also mandates a speedy trial system for defendants, Honig continued, requiring that a detained defendant must be arraigned within 90 days of his or her arrest and the case brought to trial within 180 days. 

Neither LA County District Attorney Jackie Lacey nor the U.S. Attorney’s office in Los Angeles would comment on any of the pending bail reform legislation offered by Lieu, Hertzberg or Bonta. Los Angeles County Sheriff’s spokeswoman Nicole Nishida told Capital & Main it was “too early [for the sheriff] to comment on this [California legislation] since the language is still being finalized by Senator Hertzberg and Assemblyman Bonta.” 

So far, law enforcement opposition includes the Association for Deputy District Attorneys, the Riverside Sheriffs’ Association several uniformed-officer unions. 

“I don’t expect Lieu’s legislation to go anywhere,” said the American Bail Coalition’s Jeff Clayton. “States make more money off [taxing] the bail bond industry than they would lose in JAG grants, so I don’t think you can coerce them into making reforms.” Besides, he said, “Cash bonds are tools that judges can use to insure that justice is done. You want to give judges more tools, not take them away.” 

Despite a Republican-controlled House and Senate, and the election of Donald Trump as president and a Justice Department now overseen by a hardline conservative, former Alabama U.S. Senator Jeff Sessions, Congressman Lieu remains optimistic about his bill’s prospects.t a money bail system was patently discriminatory against the poor and people of color, Lieu noted that there are more than 450,000 people nationwide now sitting in jail — many if not most of whom are there just because they can’t afford to post bail. “America’s criminal justice system isn’t just broken,” Lieu said, “it violates our nation’s core values.”

 

(Jim Crogan is a writer for Capital & Main, where this piece was first posted.) Prepped for CityWatch by Linda Abrams.

 

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