California Considers $1,000 Fine for Waiters Offering Unsolicited Plastic Straws

Straws1Ian Calderon wants restaurateurs to think long and hard before giving you a straw.

Calderon, the Democratic majority leader in California’s lower house, has introduced a bill to stop sit-down restaurants from offering customers straws with their beverages unless they specifically request one. Under Calderon’s law, a waiter who serves a drink with an unrequested straw in it would face up to 6 months in jail and a fine of up to $1,000.

“We need to create awareness around the issue of one-time use plastic straws and its detrimental effects on our landfills, waterways, and oceans,” Calderon explained in a press release.

This isn’t just Calderon’s crusade. The California cities of San Luis Obispo and Davis both passed straws-on-request laws last year, and Manhattan Beach maintains a prohibition on all disposable plastics. And up in Seattle, food service businesses won’t be allowed to offer plastic straws or utensils as of July.

The Los Angeles Times has gotten behind the movement, endorsing straws-on-request policies in an editorial that also warned that “repetitive sucking may cause or exacerbate wrinkles on the lips or around the mouth.” Celebrity astronomer Neil DeGrasse Tyson (always up for a little chiding) and Entourage star Adrian Grenier have appeared in videos where an octopus slaps them in the face for using a plastic straw.

The actual number of straws being used is unclear. Calderon, along with news outlets writing about this issue—from CNN to the San Francisco Chronicle—unfailingly state that Americans use 500 million plastic straws a day, many of them ending up in waterways and oceans. The 500 million figure is often attributed to the National Park Service; it in turn got it from the recycling company Eco-Cycle.

Eco-Cycle is unable to provide any data to back up this number, telling Reason that it was relying on the research of one Milo Cress. Cress—whose Be Straw Free Campaign is hosted on Eco-Cycle’s website—tells Reason that he arrived at the 500 million straws a day figure from phone surveys he conducted of straw manufacturers in 2011, when he was just 9 years old.

Cress, who is now 16, says that the National Restaurant Association has endorsed his estimates in private correspondence. This may well be true, but the only references to the 500 million figure on the association’s website again points back to the work done by Cress.

More important than how many straws Americans use each day is how many wind up in waterways. We don’t know that figure either. The closest we have is the number of straws collected by the California Costal Commission during its annual Coastal Cleanup Day: a total of 835,425 straws and stirrers since 1988, or about 4.1 percent of debris collected.

Squishy moderates on the straw issue have pushed paper straws, which come compostable at only eight times the price. Eco-Cycle skews a bit more radical, with their “Be Straw Free” campaign—sponsored in part by reusable straw makers—that urges the adoption of glass or steel straws. Because we all know how good steel smelting is for the environment.

In any case, criminalizing unsolicited straws seems like a rather heavy-handed approach to the problem, especially since we don’t actually know how big a problem it is. But don’t take my word for that. Ask Milo Cress.

“If people are forced not to use straws, then they won’t necessarily see that it’s for the environment,” he tells Reason.“They’ll just think it’s just another inconvenience imposed on them by government.”

Update: Reason spoke with Voleck Taing, a senior assistant to Assemblyman Calderon, who said they intend to amend the bill to remove the fines.

This article was originally published by Reason.com

New Bill Takes Aim at Hollywood Ageism

Aerial_Hollywood_SignA bill approved by the California legislature this week would allow actors to request that their ages be scrubbed from casting websites, in what supporters hope will be an important step in combating ageism in Hollywood.

AB 1687, authored by Assemblyman Ian Calderon (D-Los Angeles), was approved earlier this week by the state Assembly.

The bill’s supporters — including SAG-AFTRA president and former Beverly Hills 90210 actress Gabrielle Carteris — argue that the law is necessary to keep Hollywood casting agents from discriminating based on age.

“My role on Beverly Hills, 90210 could not have happened for me today, plain and simple. I would never have been called to audition for the part of 16-year-old Andrea Zuckerman if they had known I was 29,” Carteris wrote in an essay for the Hollywood Reporter on Wednesday. “Electronic casting sites did not exist in 1990; today, they are prevalent and influential. And they affect casting decisions even when casting personnel don’t recognize their unconscious bias.

Carteris charged that Hollywood actors face “blatant age discrimination every day” as industry websites like the Internet Movie Database (IMDb) and StudioSystem “force” casting agents to consider their ages when making decisions, whether they realize it or not.

The issue of ageism has long been a topic of discussion in Hollywood, with several big-name stars including Anne Hathaway, Rachel Weisz and Liv Tyler all speaking out on the issue in recent years.

Just this week, actress Renée Zellweger expressed disappointment about Hollywood’s attitudes toward older women in an interview with the Hollywood Reporter.

I’ve never seen the maturation of a woman as a negative thing,” the Bridget Jones’s Babystar told the outlet. “I’ve never seen a woman stepping into her more powerful self as a negative.”

Despite the bill’s approval in the Legislature, some California Republicans say it will do little to curb actual age discrimination in the industry.

“I don’t know what’s so sacred about celebrity birth dates,” Republican state Senator Jim Nielsen told the Los Angeles Times. “[Lawmakers] birth dates are everywhere. These celebrities are public figures just like most of us.”

The bill next heads to the Office of Engrossing and Enrolling for proofreading and then to Gov. Jerry Brown’s desk.

This piece was originally published by Breitbart California

Follow Daniel Nussbaum on Twitter: @dznussbaum

“Right to Try” Bill Sits on Gov. Brown’s Desk

Pills health careDavid Huntley was the picture of health. A San Diego State University professor and a triathlete, he never expected to face a disease that would stop him in his tracks in his 60s. But that’s what ALS does. It comes on fast and there’s no way to stop it.

We met David and his wife Linda earlier this year when they came to Sacramento to support a bill we had sponsored, AB159 the California Right To Try Act.

Right To Try allows doctors to prescribe to terminally ill patients medicines being used safely in clinical trials. The goal of this legislation is to get promising new medications into the hands of people who have exhausted all their options and need one more chance to try to save or extend their life.

David was already wheel-chair bound and had to use a machine to talk, but his testimony was extremely powerful and helped lead to the passage of this bill in both the State Assembly and State Senate with overwhelming bipartisan support.

Sadly, David passed away just a few short weeks later. David’s tragic story has been repeated too many times in the United States. Medical researchers who develop promising new treatments typically spend a decade and $1 billion to maneuver through the FDA’s approval process. While a promising medicine is under review, only a tiny fraction of all patients who could benefit ever gain access through a clinical trial.

The FDA does have a process that allows patients to seek permission to access investigational medicines. But this “Compassionate Use” process requires a massive amount of paperwork and hundreds of hours to navigate. There are dozens of documented cases of people dying while waiting for approval.

But Americans shouldn’t have to ask the government for permission to try to save their own lives. They should be able to work with their doctors directly to decide what potential treatments they are willing to try.

Right To Try is an effort to help sick and dying Californians get access to the medications that could save them more quickly. Under the law, terminally ill patients would be able to work with their doctors and companies with promising new drugs that have already passed FDA safety tests to take those drugs without having to enroll in a clinical trial.

California wouldn’t be acting alone. Twenty-four other states have adopted Right To Try laws. In every state where the law has been considered it has been approved by wide margins by both Republicans and Democrats. This is a rare non-partisan issue in today’s fractured political climate.

But what could be partisan about giving a dying person the right to try to save his own life?

Right To Try is also having an impact on Washington. Earlier this year, in response to this national movement, the FDA announced plans to revise the paperwork that doctors must submit to request permission to treat a terminally ill patient with an investigational medicine. The FDA said its goal is reduce a doctor’s time to apply from 100 hours to 45 minutes.

That’s a great move in the right direction, but it’s not enough. Even though the forms in the first step of the process will be shorter, patients will still be required to submit an application asking the federal government for permission to try to save their own lives.

We need to remove barriers that prevent doctors from providing the care they are trained to give. And that’s exactly what Right To Try will do. People should have access to the medications that could save them with no exceptions and no permission slip required.

AB159 is on Gov. Brown’s desk, waiting for his signature. David Huntley didn’t live to see him sign it. But let’s hope every other terminally ill Californian has the chance to benefit from the new options this law will provide. If this law has the potential to save even one person’s life, we should let them try.

Originally published by Fox and Hounds Daily

Senator Jeff Stone represents the 28th Senate District. Assemblyman Ian Calderon represents the 57th Assembly District.

Democrats lose super-majority in CA Assembly

Republicans, who have already blocked a Democratic super-majority in the California Senate, have also succeeded in defeating a Democratic super-majority in the Assembly.

The only question remaining: How many seats will Democrats lose in the lower house?

Buoyed by low voter turnout and an effective ground operation, Republicans picked up two Southern California seats and held a slim lead in another Bay Area district, which was considered the top priority of the state’s labor unions. Those pickups, which aren’t expected to change with the counting of late absentee and provisional ballots, would be enough to make up for losing a coastal Ventura County seat currently held by a moderate Republican.

Entering yesterday night, Democrats held 55 seats in the Assembly, compared to 24 seats for Republicans, with one vacant GOP-leaning seat.

From the Bay Area to Los Angeles, the GOP recruited non-traditional candidates to prove the party means business about expanding its base and intends to adapt to the state’s changing demographics. Republican candidates for Assembly posted stronger-than-expected results, with some safe, off-the-radar Democratic seats remaining too-close-to-call for most of Election Night.

Young Kim wins in Orange County

In the 65th Assembly District, Assemblywoman Sharon Quirk-Silva, D-Fullerton, lost by double digits to Republican challenger Young Kim, a former congressional aide to Rep. Ed Royce. With 100 percent of precincts reporting, the first-generation Korean American immigrant held a commanding 12-point advantage.

A gracious Quirk-Silva conceded the race late Tuesday night and offered her best wishes to Kim. “We fought hard, we worked hard, but tonight is not our victory,” the former mayor of Fullerton posted on Twitter. “I wish my opponent #YoungKim the best in her new position, congratulations!”

More than $5.2 million had been spent on the race by the candidates, political parties and independent expenditure committees. Although Democrats have a 1.7-point advantage in voter registration, the district is considered a “lean Republican” seat, according to the ATC Partisan Index, which ranks districts based on their competitiveness. Kim performed well among absentee voters and benefited from strong support from thousands of Korean-American voters in the district.

In the 36th Assembly District, Asssemblyman Steve Fox, D-Palmdale, another first-term Democrat, lost reelection by a wide margin. With 100 percent of precincts reporting, Republican challenger Tom Lackey held an impressive 23-point lead in a district that Republicans let slip away in 2012 during late absentee and provisional counting.

This time, Republicans dispatched their top ground operatives to the Los Angeles County-based district to make up for a disastrous 2012 campaign. Fox, who won in 2012 by less than 200 votes, was pummeled this election with damaging mailers that reminded voters of his ongoing legal troubles.

The losses by Quirk-Silva and Fox marked the first time in two decades that a Democratic incumbent has lost reelection to the Legislature, according to GOP political consultant Matt Rexroad.

“1994 was the last time a Democrat incumbent lost to a Republican in CA Legislature,” Rexroad, an award-winning political consultant, tweeted. “Two will lose tonight.”

Parties split open targets

The two parties split a pair of open seats at opposite ends of the state.

In the 16th Assembly District, moderate Republican Catharine Baker, an attorney from Pleasanton, defeated Democrat Tim Sbranti, the mayor of Dublin, by four points with all precincts reporting. It is unlikely that Baker would lose the race with the remaining absentee and provisional ballots left to be counted. Her win will give Republicans enough seats to block the Democrats from reaching a super-majority.

Republicans, who traditionally struggle in the Bay Area, dedicated millions of dollars of their limited campaign funds to the competitive race after a brutal June primary. Aided by millions of dollars in independent expenditures from labor unions, Sbranti was ultimately weighed down by his ties to the unions, especially after a vicious primary against moderate Democrat Steve Glazer.

Several hundred miles south, Democrats picked up an open seat in the 44th Assembly District that was vacated by moderate Republican Jeff Gorell. The Ventura County-based seat was an expensive race between Republican Rob McCoy and Democrat Jacqui Irwin. With all precincts reporting, Irwin led McCoy 51.1 percent to 48.9 percent.

Other Democratic incumbents in trouble

At least one other Democratic lawmaker remains in danger of losing reelection.

In the 66th Assembly District, Assemblyman Al Muratsuchi, D-Torrance, was losing to Republican challenger David Hadley by more than 2,000 votes. The South Bay district was expected to be competitive, in part, because of low voter turnout.

Asm. Adam Gray

In the 21st Assembly District, Assemblyman Adam Gray, D-Merced, defeated a late challenge from Republican Jack Mobley. With all precincts reporting, Gray had 52 percent to Mobley’s 48 percent.

Republicans largely ignored Republican Jack Mobley’s challenge to Gray. A moderate Central Valley Democrat, Gray endeared himself to the state’s business community by occasionally delivering pro-business votes on hot-button issues. But the weak incumbent needed more than $310,000 in support from the party to beat back a last-minute campaign push orchestrated by CA GOP Chairman Jim Brulte.

Big upset: Democrat defeats Democrat

The biggest potential upset of the night was in the 39th Assembly District. Assemblyman Raul Bocanegra, D-Pacoima, was losing to unknown Democratic challenger Patty Lopez by 182 votes. However, with late absentee and provisional ballots left to count, that race remains too close to call.

In two other safe Democratic districts, the results were closer than expected.

In the 57th Assembly District, Assemblyman Ian Calderon, D-Whittier, held a slim lead over Republican Rita Topalian. Calderon, the son of former Assemblyman Charles Calderon, was weighed down by corruption charges filed against his uncle, outgoing state Sen. Ron Calderon.

In the nearby 48th Assembly District, Assemblyman Roger Hernandez, D-West Covina, defeated Republican Joe Gardner by single digits.

This article was originally published at CalWatchdog.com