Kathryn Steinle’s Family Gets Go-Ahead to Sue Federal Government

 

kathryn-steinle-parentsThe parents of Kathryn Steinle have received the go-ahead to sue the federal government over Kathryn’s July 2o15 death; she was killed by an illegal alien holding a gun issued to a federal agent.

U.S. Magistrate Joseph Spero said Steinle’s parents can sue but stressed that the suit may be dismissed if there is no evidence that the illegal alien – Juan Francisco Lopez-Sanchez – stole the gun from a federal agent.

The gun in question came from the car of a federal agent — a car from which the gun was stolen. On August 28, 2015, Breitbart News previously reported that the .40 caliber round that killed Steinle was fired from a Sig Sauer handgun that had been stolen from a Bureau of Land Management agent. However, it appears the case will turn on whether Lopez-Sanchez stole the gun himself.

On July 7, 2015, Lopez-Sanchez told KGO-TV he shot Steinle, but he said it was an accident. He said he found the gun “lying on the ground wrapped in a T-shirt,” and that it “went off by accident when he picked it up.”

But the San Francisco Chronicle reports that Spero said the Steinle family “can sue the federal government for negligence because a ranger allegedly left the gun used in the shooting in his unlocked car.” He added, “Leaving a gun loaded makes (its) capability for harm readily accessible in the same way as leaving the key in the ignition of a vehicle.”

Spero dismissed Steinle’s parent’s suit against the City of San Francisco, even as he gave the go-ahead for the suit against the federal government. He “rejected [her parent’s] claims that the city was legally responsible for releasing Lopez-Sanchez without contacting the federal government and that federal immigration officials, who had known the city was holding him, had a duty to pick him up and deport him.”

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of “Bullets with AWR Hawkins,” a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.

This article was originally published by Breitbart.com/California

San Francisco grapples with growing crime, blight after years of liberal policies

As reported by Fox News:

San Francisco is earning a growing reputation for more than just its unmatched tech sector – for critics, the city stands as a profound example of the damage ultra-liberal policies can do.

After 20 years of envelope-pushing changes to grow government and ease law enforcement, the once-shining City by the Bay has turned into a place where:

“There’s a very tolerant attitude, you can very much do anything on the streets you want,” said Marc Joffe, director of research at the California Policy Center think tank. “As members of a civilized society, there are things you should not accept. But we have ignored that … and there is nobody on the other side setting limits.”

San Francisco’s lax attitude is nothing new and has served as a beacon for the American counter-culture dating back to the Beat Generation. But the city’s embrace decades ago of free love and drugs has morphed into something else. …

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Uber pulls self-driving cars from California roads

As reported by the Chicago Tribune:

Uber pulled its self-driving cars from California roads after state regulators moved to revoke their registrations, officials said.

The move comes after a week of talks between the ride-hailing company and state regulators failed.

Hours after Uber launched the service in its hometown of San Francisco last Wednesday, the Department of Motor Vehicles threatened legal action if the company did not stop. The cars need the same special permit as the 20 other companies testing self-driving technology in California, regulators argued.

Uber maintains it does not need a permit because the cars are not sophisticated enough to continuously drive themselves, although the company promotes them as “self-driving.”

The DMV said the registrations …

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Oakland Fire Death Toll Rises

As reported by Fox News:

A grim search for victims of a devastating fire that ripped through a converted warehouse in Oakland, California during a dance party entered a third day on Monday, with the list of 33 known deaths expected to grow.

The blaze, which erupted about 11:30 p.m. on Friday (0730 GMT on Saturday), ranks as the deadliest in the United States since 100 people perished in a 2003 Rhode Island nightclub fire.

As criminal investigators joined recovery efforts at the charred ruin, just east of San Francisco, firefighters found the remains of nearly three dozen victims at the weekend as they searched the debris-filled shell of the two-story converted warehouse being used by an artists’ collective. …

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Sacramento and S.F. Push for Police Reform at Local Level

Police tapeSACRAMENTO – The presidential campaign focused some attention on the long-simmering debate over policing and the appropriate uses of force, but as is typical with national campaigns, the nuances got lost amid ideologically charged soundbites such as “law and order” and “Black Lives Matter.”

Some advocates for police reform worry about what a new Trump administration will mean for these discussions given the president-elect’s expectedly different approach toward the matter than President Obama’s Department of Justice. But others argue the election will send reform back to where it really belongs: at the local level.

Two northern California cities, Sacramento and San Francisco, are good examples of the latter. They are currently plowing ahead with major oversight and accountability proposals for their police departments – the result of local policing scandals that have little to do with national political changes. Sacramento takes up the matter at a City Council meeting on Tuesday.

The Sacramento reforms were prompted by a video of two police officers in pursuit of a mentally ill homeless man, Joseph Mann, who was armed with a knife and acting erratically. As the Sacramento Bee reported, the video sequence shows “the officers gunned their vehicle toward Mann, backed up, turned and then drove toward him again, based on dash-cam video released by police. They stopped the car, ran toward Mann on foot and shot him 14 times.” One officer is recorded saying “f— this guy” shortly before they shot him.

The killing raised questions not only about the appropriate use of force in such situations, but about the city’s willingness to provide the public information about what transpired. Top city officials – the police chief, city attorney and city manager – didn’t release the video of the event until after the Bee acquired the footage from a private citizen. The shooting led to community protests and has been a source of strife – and council debate – ever since.

In September, the newspaper’s Editorial Board published this pointed editorial: “The city could have been upfront with Mann’s family about how many times he was shot and how long the investigation into the shooting would take. Instead, his brother, backed by enough activists to fill City Hall, had go before the City Council to beg for information. The city could have been clear about what training officers receive to handle people who are mentally ill. Instead, police still haven’t responded to a Public Records Act request for a copy of the department’s policy.”

Reformers argue that the proposed policy doesn’t go far enough, although backers argue that it is about as far as it can go given state law. Specifically, the measure would transfer power of the civilian oversight committee from the city manager’s office to the mayor and City Council – thus providing a more independent level of oversight given that the city manager also oversees the police department. Council members are at least beholden to voters.

The city’s proposal also does the following: “This resolution requires the city manager to ensure that all police officers of the Sacramento Police Department abide by council specified guidelines with regards to use of force. Key components of the resolution include the timely release of video after an officer involved incident occurs and the immediate notification of family members after an officer involved shooting.” That attempts to deal with the public-records issue.

Civilian-oversight commissions are still limited by the state Supreme Court’s Copley decision. In that 2006 case, the San Diego Union-Tribune tried to gain access to a disciplinary hearing regarding a deputy sheriff who was appealing his termination. As the newspaper reported, “The court ruled that police disciplinary hearings are closed — and the public has no right to learn about allegations of police misconduct, even when they are aired in a civil service commission.” Legislative efforts to roll back parts of the decision have repeatedly been stymied by police union lobbying.

In San Francisco, officials have been reacting to controversy following three officer-involved shootings and a scandal involving racist text messages that were allegedly sent by police officers. As the San Francisco Chronicle reported in April, “The messages are loaded with slurs and ugly stereotypes, and include one from an officer responding to a photo of a blackened Thanksgiving turkey. ‘Is that a Ferguson turkey?’ the officer asks, referring to the city in Missouri that saw widespread protests after police fatally shot an unarmed African American man in 2014.”

National politics plays a bigger role in the San Francisco case. That’s because the federal Department of Justice’s Community Oriented Policing Services department published a study last month looking at San Francisco’s police department. The mayor and former police chief had asked the department to review police practices following these scandals.

As the report’s summary explained, “Although the COPS Office found a department that is committed to making changes and working with the community, it also found a department with outdated use of force policies that fail the officers and the community and inadequate data collection that prevents leadership from understanding officer activities and ensure organizational accountability. The department lacked accountability measures to ensure that the department is being open and transparent while holding officers accountable.”

San Francisco officials have vowed to implement the 479 recommendations made in the Justice Department report. “We will continue to implement the recommendations for reform which will be built on the most current policing policies and practices, fostering an environment of trust and strong relationships with our communities,” said acting Police Chief Toney Chaplin.

In Sacramento, Mayor-elect Darrell Steinberg, who is inaugurated on Dec. 13, told the Bee “the public certainly has a right to know whether a particular officer who has been accused of misconduct continues to serve in the role of police officer. … There ought to be a clear presumption of openness and the burden ought to be on the city attorney and police to demonstrate in a compelling way why anything is not public.” There’s concern that a federal lawsuit by Mann’s relatives will allow the city to shut down public access to information about the shooting.

This much is clear: Whatever changes a new administration makes at the Department of Justice, local officials throughout California are on the front lines of the police-reform movement.

Steven Greenhut is Western region director for the R Street Institute. Write to him at sgreenhut@rstreet.org.

This piece was originally published by CalWatchdog.com

What would California be like as an independent nation?

calexitCalifornia breaking off into the ocean as a result of the “Big One” is science fiction fantasy to Hollywood, credible urban legend to citizens of Los Angeles and San Francisco and, perhaps, the secret hope of many Americans residing on the other side of the Sierras. However, backers of a just filed initiative, “Calexit: The California Independence Plebiscite of 2019,” want a different sort of California breakaway. They envision the state as a “free, sovereign and independent country.” Although the effort began several years ago, secessionists have been bolstered by those suffering Trump Derangement Syndrome – a condition where “alt-left” adherents lose their minds over the thought of a Trump presidency.

A spokesman for the movement cites California’s different culture, different set of priorities and different plans for the future as a justification for breaking away from the rest of the country.

While efforts to establish California as a separate country may be a farfetched idea – the issue of state secession was settled in the small town of Appomattox, Virginia when General Lee surrendered to General Grant, 1865 – it is an interesting mental exercise. What would California be like as an independent nation? Who would govern and what would be the impact on taxpayers? And if California could establish independence, would the break-up end there? Drive anywhere in the Sierra foothills or north of Sacramento and “State of Jefferson” signs are ubiquitous.

If California were an independent country, the precedent would be set for further fracturing, with other regions, where dissatisfaction with the established order is intense, seeking to break away.

Today, California’s political direction is dictated by the upper income elites living in coastal enclaves and Hollywood. Here, the Starbucks generation is consumed with issues like climate change and bathroom access and they are not shy about telling others how to live. This explains why Sacramento seems to be constantly making war on those not part of the coastal, protected class. But travel just 25 miles from the coast and you’ll find a different world. Here, people are concerned about finding a job or keeping the job they have.

After speaking to a group of politically active Californians a few years ago, pollster Scott Rasmussen responded to a question about the size of government saying, the average person does not walk down the street thinking about limited government, they are thinking about how they are going to support their families.

Outside of Malibu, Santa Barbara and the Bay Area, most people are still searching for the answer to the question of how to feed, shelter and clothe their families. If given the option of breaking away from the Prius driving, chardonnay sipping, kale chip nibbling elite, they would likely vote yes.

California will not become an independent nation, but the divide between the coastal and inland areas is real and we are about to experience another clash of these cultures played out on the Sacramento stage.

A special session on transportation, called by Gov. Brown last year, has just concluded without lawmakers imposing new taxes. But when the new Legislature convenes, one with even more pro-tax members elected in November, the top priority will be a significant increase in the gas tax and other auto-related charges. Once again, inland residents who need their cars for work will find themselves pitted against the “Let them drive Teslas” coastal elite.

If the price of fuel heads even higher than it is now, we are bound to see a multitude of working class Californians filling their tanks one last time as they leave the state for a foreign land called America.

Jon Coupal is president of the Howard Jarvis Taxpayers Association — California’s largest grass-roots taxpayer organization dedicated to the protection of Proposition 13 and the advancement of taxpayers’ rights.

This piece was originally published by HJTA.org

Inequality in San Francisco Haunts Democrats

San Francisco, CA, USAAs San Francisco’s sharp inequality draws national attention this election year, California Democrats have begun to question how to explain their role in fostering — and reversing — the trend.

The gulf between the progressive city’s richest and poorest, and the emptying space between the two, has come to haunt Democrats worried that their almost unfettered control over state and municipal politics has left promises unfulfilled and little plan for change in the future. “During all my years in Asia I constantly grappled with the perniciousness of poverty,” Thomas Fuller wrote in a dispatch for the New York Times Sunday Review. “Yet somehow I was unprepared for the scale and severity of homelessness in San Francisco. The juxtaposition of the silent whir of sleek Tesla electric vehicles, with the outbursts of the mentally ill on the sidewalks. Destitution clashing with high technology. Well-dressed tourists sharing the pavement with vaguely human forms inside cardboard boxes. I’m confounded how to explain to my two children why a wealthy society allows its most vulnerable citizens to languish on the streets.”

A city in the hot seat

Liberals have recently raised the alarm about inequality in other elite blue-state cities. “Boston is the headquarters for two industries that are steadily bankrupting middle America: big learning and big medicine, both of them imposing costs that everyone else is basically required to pay and which increase at a far more rapid pace than wages or inflation,” as Thomas Frank recently observed. “A thousand dollars a pill, 30 grand a semester: the debts that are gradually choking the life out of people where you live are what has made this city so very rich. Perhaps it makes sense, then, that another category in which Massachusetts ranks highly is inequality.”

But with California’s rising generation of leaders drawn so heavily from San Francisco elites like Gavin Newsom and Kamala Harris, the leading candidates for governor and U.S. senator respectively, critics have suggested that the city’s dominant political ethos is even more determinative of the near future than its prevailing technological worldview. “San Francisco and the Bay Area have long been committed to values which embrace inclusivity and counterculture. To see these values fraying so publicly adds insult to injury for a region once defined by its progressive social fabric,” Frederick Quo suggested this summer at Quartz, warning “San Francisco has become one huge metaphor for economic inequality” across the country. “In the face of resentment it is human to want revenge,” he warned. “But regressive policies such as heavily taxing technology companies or real estate developers are unlikely to shift the balance.”

West coast anxieties

The sense that San Francisco has painted itself into a kind of policy corner has played into growing perceptions among Golden Staters that residents are facing a painful, threatening squeeze, despite the state’s significant aggregate economic turnaround from the bad old days of the financial crisis when Sacramento issued IOUs. In a recent CALSPEAKS poll, “seven out of 10 respondents believe the number of people living in poverty is a “major” problem,” KQED News reported. “There was wide agreement, regardless of race, political affiliation, income level or age. Two-thirds of Californians also believe income inequality is a major problem. (The cost of health care was another top concern, considered a problem by 70 percent of respondents.)”

For a time, it appeared that Democrats were turning the corner on inequality anxieties by focusing on raising minimum wages nationwide, starting with big cities — an approach that courted big controversy in California but ultimately largely succeeded. “In the last few years, as concerns have grown about economic inequality, proposals for a higher minimum wage have enjoyed remarkable success, thanks in part to an energetic campaign for a $15 minimum wage led by fast-food workers and backed by organized labor,” NBC News recalled. “New York, California and Washington, D.C., have all passed laws to raise their minimum to $15 an hour within the next eight years.” But as KQED noted, in the new CALSPEAKS survey, just “one-third of those polled ‘strongly favor’ the state’s recent $15/hour minimum wage bump approved,” while only 26 percent “somewhat” favored it — a majority, but one still uncertain about the best way to right what they see as the state’s stubborn economic wrongs.

Originally published by CalWatchdog.com

Record number of San Francisco public employees strike it rich

sanfrancisco3As reported by the San Francisco Chronicle:

A record 23 city and county employees in San Francisco made it over the $300,000 mark in pay this past fiscal year — topped by someone who made more than half a million dollars.

And no, it wasn’t the mayor.

At the top of the pay heap was the chief investment officer for the city’s retirement system, William Coaker Jr., coming in at $512,485 …

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Are Taxes the Solution to CA’s Homeless Problem?

800px-Helping_the_homelessApparently, politicians up and down the state think the solution to California’s homeless problem is taxes. In San Francisco, members of the board of supervisors want to tax the tech industry. In Los Angeles, the city council wants to raise property taxes on all property owners. On the state level, legislative leaders plan to shift income taxes from the rich paid to a fund to help those with mental illness to finance housing bonds for the homeless.

Homelessness is a complex problem and the solutions are not easy. As far back as 2001 a brief by the Public Policy Institute of California identified some of the reasons for a growing homeless population including the high cost of housing, debilitating personal habits and attributes of many of the homeless—alcoholism, crack cocaine addiction, and mental disorders— and income inequality. Its safe to say that since then the homeless situation has worsened.

But is raising taxes the solution?

In some cases it makes sense. Take the Proposition 63 income tax dedicated to help with mental illness. The fund was not being well spent according to an audit. The state effort to shift some revenue from that fund to a more useful function to finance bonds allows a foundation for helping the homeless across the state.

But the local solutions have less merit and again target business in large part as the answer to a problem.

In San Francisco, supporters of the tech tax blame the tech business for the homeless problem arguing that the booming tech industry is responsible for increased housing costs in the city. The tax would raise about $120 million a year.

Given that the city by the bay has been a haven for the homeless and downtrodden well before the boom in technology, it seems tech is being made a scapegoat. An attack on one industry could be an impetus for individual companies to pull up roots and find a friendlier business environment. The precedent setting idea of taxing one industry to solve a societal problem is dangerous for all sectors of the business community. The obvious question: Who’s next?

The Los Angeles approach is different but still questionable. The city council approved putting a $1.8 billion bond on the ballot, which will probably cost twice as much to pay off with interest and will be backed by property taxes. The council is also considering a parcel tax on all properties and may move forward with both plans until a final decision is made in August on which to put on the ballot.

The property taxes will fall heavily on residents who are struggling with the high costs of housing in the region. Homeowners, businesses and apartment owners will carry the burden. Renters covered by the city’s rent-control provisions will not have the tax passed on to them.

In both San Francisco and Los Angeles a two-thirds vote is required to pass the taxes.

Opposition from the business community and some local pols, including the mayor, are lining up against the tech tax in San Francisco. However, the mayor of Los Angeles has promised to find revenue for homeless issues and will support the final plan. Business reaction could be mixed, although the parcel tax, especially if the tax is calculated on a property’s square footage, will certainly bring out strong opposition from business.

One thing that is often ignored in looking for solutions to local problems is to improve the business climate, create jobs, and allow people to earn more. Admittedly, this is not a silver bullet solution for the homeless crisis but it should be talked about constantly instead of always falling back on the T-solution. Taxes.

This piece was originally published by Fox and Hounds Daily

San Francisco police union rejects outside criticism

Police carThe abrupt May 19 resignation of San Francisco Police Chief Greg Suhr after police Sgt. Justin Erb shot and killed Jessica Williams, an unarmed African-American woman fleeing in a stolen car, drew national and international attention to the city’s Police Department. Its officers are accused of callously killing minority crime suspects and homeless people and some have been embroiled in a scandal for more than a year involving racist and homophobic text messages.

In the normal dynamics of government scandal and dysfunction, leaders identify a problem and work to address it, seeking to win media and public approval. But what’s going on in San Francisco reflects the normal dynamics of law-enforcement scandals. Police officers who feel underappreciated — even besieged since the Black Lives Matter movement began in 2014 —push back hard at the idea that they’re doing something fundamentally wrong, even when it comes to police killings of unarmed people.

The San Francisco Police Officers Association denounced Mayor Ed Lee’s decision to ask Suhr to quit. “His retirement under pressure is an extreme loss to the department and the city,” a union statement said. “Chief Suhr, at the core, was and always will be a cop’s cop and dedicated to the men and women who don the uniform every day to serve and protect.”

This attitude doesn’t bode well for interim Police Chief Toney Chaplin, who told reporters that his agenda was “reform, reform, reform” because “the department has to move forward.”

But despite the praise for Suhr from the police union, the fatal May 18 shooting of the stolen-car suspect was one more example of his lack of control over his department. Suhr has long implored officers not to shoot into fleeing cars. The police union had also criticized his response to the text-message scandal, including his demanding that officers sign a pledge essentially promising to not be bigots.

Union: “Protect due process” of accused officers

There are presently 18 police officers accused in the texting scandal. While police union president Martin Halloran condemned “the appalling racist behavior committed by a handful of officers,” he also said the police union would closely scrutinize the disciplinary process to ensure it “protects the due process rights of the officers.”

Those right are so strong that it is often difficult to fire a police officer in California unless he commits a crime or acts in egregious ways with indisputable evidence. It’s also difficult to even find out about officer misconduct, as the Los Angeles Times reported in April.

Nearly 40 years ago, California took its first steps to shield police misconduct from the public when Gov. Jerry Brown signed a law in his first term restricting details of officer personnel files from disclosure. A 2006 California Supreme Court decision went further and extended the law’s protections to cases in which civil service commissions weighed in on officer discipline. Today, almost all details about misconduct — including cases in which police officers were found to have used excessive force, engaged in racial profiling or lied on the job — are kept secret outside of court, administrative or civilian review board proceedings.

And although 23 states keep most public employee personnel records confidential, California is one of just three to provide specific protections for police information, according to a recent investigation by WNYC, a public radio station in New York.

Partly in response to the problems in his home town, Sen. Mark Leno, D-San Francisco, introduced SB 1286 that would open up police records in cases of “serious misconduct.” It passed an initial Senate committee vote last month, but then died without a second vote on Friday.

But as Conor Friedersdorf reported last August in The Atlantic, many police reform efforts have been launched in the Golden State only to go nowhere.

What’s next in San Francisco?

Meanwhile, Mayor Lee is facing pressure from the most liberal members of the city’s Board of Supervisors to go after bad cops. Supervisor Jane Kim, a rising star in city politics, has been pushing for change for more than four years and now has more support than ever.

But the police union thinks that Lee has already done too much to address police controversies.

On May 26th Mayor Ed Lee made some very disturbing remarks to the San Francisco Chronicle. These comments were directed at the SFPD Sergeant who was forced to discharge his firearm in the Officer Involved Shooting last week. The Mayor’s remarks were prejudicial and irresponsible. The POA has always responded to misinformed politicians who make such inflammatory statements and the Mayor is no exception.

That’s from Friday post on the police union’s Facebook page.

Meanwhile, the U.S. Justice Department continues its investigation of the San Francisco Police Department, launched in February. It’s not clear when the federal probe will conclude.

Originally published by CalWatchdog.com