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California saw a 3.1% drop in private-sector employment the week immediately after the Trump administration stepped up its immigration raids in the state, according to a new analysis of U.S. Census data.

UC Merced researchers said the steep drop is second only to the unemployment surge the state experienced during the onset of the coronavirus pandemic in 2020, and greater than the immediate decline during the Great Recession in 2007 and 2008.

This appears to be the first analysis of the data from the Census Bureau’s Current Population Survey from the time when federal agents’ focus on the state became clear in early June, when a raid at a garment factory in downtown Los Angeles preceded weeks of sweeps and unrest.

The Census Bureau surveys Americans every month about whether they worked the week before. The UC Merced researchers compared survey results from the week of May 11 to the week of June 8, and found that in California, more citizens than non-citizens reported that they did not work the week after that first raid.

The percentage decline would equate to a loss in California of 271,541 jobs from citizens and 193,428 non-citizens, the report said.

“What we know from previous research is that the work that undocumented immigrants or non-citizens do does not exist in a vacuum,” Edward Flores, lead author of the report, told CalMatters. “If there’s disruptions to the work that undocumented immigrants do, it has ripple effects. A slowdown in one industry could cause slowdowns in other industries.”

That’s consistent with other studies that have shown that mass deportations of undocumented workers reduces job opportunities for U.S.-born workers, and studies that have shown the raids’ negative effects on local economies.

Flores, the faculty director of the UC Merced Community and Labor Center, said he plans to keep tracking and analyzing the Census data and will release similar reports as the federal immigration crackdown continues. He said he expects further escalations of raids because a new federal spending bill substantially increased funding for immigration enforcement.

The effects of the enforcement may continue to be felt more strongly in California. The report also showed that the number of male citizen workers slightly increased in the rest of the U.S. compared with California during the same periods.

White and Latino workers in California were the most affected, the researchers found. The number of Latinos in California who reported work between May and June declined 5.6%, while the number of whites in the state who reported work during the same period decreased 5.3%, according to the report.

The researchers recommended that state policymakers consider “significant action” that may include economic stimulus and disaster relief, similar to what was available during the pandemic.

Flores pointed out that undocumented immigrants lack a financial safety net, such as access to unemployment benefits. As they continue to lose work, that’s not just a problem for them and their families, but for the state.

“When low-income people spend money, they spend it on things they immediately need, which can stimulate the local economy,” he said.

Gov. Gavin Newsom has twice vetoed California lawmakers’ attempts to extend unemployment benefits to undocumented workers. In addition, the state just cut Medi-Cal benefits to undocumented immigrants and froze new enrollments because of budget constraints.

The governor’s office did not immediately return a request for comment.

The California Finance Department closely monitors demographic and economic trends as it shapes state spending. When asked to comment about the UC Merced report, Finance Department spokesperson H.D. Palmer pointed to the “downside risk” mentioned in the state’s most recent economic forecast in the revised May budget. It stated that the Trump administration’s large-scale deportation program could “significantly degrade the state’s labor force.”

The above parcel is one of two that will be up for discussion. The other is presumably adjacent, but its lines do not appear in the Outpost’s database for some reason.

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The City of Arcata just added an item to its closed session meeting tomorrow night, and moved the start time of that meeting up until 5:15 p.m. to accommodate that item.

What is the item? It’s the potential purchase of private property adjoining the Arcata Community Forest and Redwood Park, which happens to contain a few holes of the historic disc golf course behind Cal Poly Humboldt — according to many, one of the first in the state.

Previous landowners have tolerated the existence of the disc golf course on the vacant, forested land for decades. That changed a year or two ago, when the current landowner cut off access. But now the land is up for sale, and city government is set to take a look at whether it makes sense to acquire the property, which consists of two separate parcels, in order to preserve the course.

“It’s an opportunity for the city to look at the property, to continue the fact that we have a lot of active sports within Arcata,” said Arcata Mayor Alex Stillman, reached this afternoon shortly after the change in tomorrow night’s agenda was announced. “Our disc golf course is the second in California, so it’s just sort of a cool thing.”

City Manager Merritt Perry told the Outpost that the possible purchase was in its very preliminary stages. The point of tomorrow night’s meeting would be to gauge whether there is council interest in pursuing a purchase of the property, as well as the potential costs of doing so.

The special, closed session section of Wednesday’s Arcata City Council meeting will now begin at 5:15 in Arcata City Hall. An agenda can be found here. The council’s regular meeting, which will include discussion of the upcoming Arcata Friday Night Market series, follows at 6 p.m.

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Press release from the Six Rivers National Forest:

Butler Fire: 8,156 acres; 0% containment

Red Fire: 116 acres; 95% containment

Operational Updates:

Butler Fire: Structure protection measures held for a second day July 14 as the fire continued its progression into the Butler Flat and Nordheimer areas. Temperatures again hit 110 degrees, but this time accompanied by increased winds, sometimes up to 25 miles an hour. The fire made a notable push to the southeast around the Nordheimer area, where aircraft and firefighters concentrated their efforts to minimize its advance.

Crews and aircraft will focus on the southern perimeter of the fire, where winds shifting out of the south should aid their efforts.

Red Fire: Containment of the Red Fire jumped to 95 percent, which will allow a portion of firefighters and resources to be redirected to the Butler Fire.

Evacuations:

Butler Fire: Siskiyou County Sheriff’s Office has issued evacuation orders for the following zones impacted by the Butler Fire: SIS-1703, SIS-1704 (Butler Creek, Lewis Creek, Bloomer Mine residents and Nordheimer Campground), SIS-1707-A and SIS-1803-A.

Zones SIS-1705, SIS-1707-B, SIS-1708, and SIS-1802 are under an evacuation warning, where residents are advised to be prepared to evacuate if conditions become more threatening. The latest evacuation information can be found at https://protect.genasys.com.

Closures:

Butler Fire: The road between Butler Flat and Nordheimer Campground remains closed as rocks and burning debris continued to fall into the roadway. Nordheimer and Oak Bottom campgrounds are also closed.

Weather and Fire Behavior:

Temperatures are expected to be slightly cooler today with highs near 100 degrees. Winds will mostly come out of the southwest with occasional gusts up to 15 miles an hour.

Fire Safety and Prevention: Persistently high temperatures will keep fuels dry and increase potential fire danger. Individuals seeking relief from the heat by recreating in streams or rivers or in the forest need to be mindful of their vehicles’ condition or where they park. Roadside sparks or dried vegetation against the heated undercarriage of a vehicle could quickly result in a wildfire.

The Six Rivers and Klamath National Forests are not currently in fire restrictions. However, campfires should never be left unattended and should be dead out and cool to the touch before leaving. Remember, drown, stir, feel, REPEAT. Please report suspected wildfires by calling 911.

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One of the state’s best investigators was on the hunt for golden mussels — a dangerous new invader in California’s waters, with a reputation for destruction.

Wearing a collar and a tongue-lolling grin, Allee, a Belgian Malinois, sniffed along the glittering hull of a bass boat at an inspection station in Butte County.

The dog’s handler, California Department of Fish and Wildlife Warden Mark Rose, pointed at the outboard motor and the dog delicately nosed the propellers. She stretched up on her hind legs to get a good whiff of the port side before Rose led her away. She yawned. Nothing here.

The dog was searching for any hint of the thimble-sized mussels hidden in the nooks and crannies of boats headed to Lake Oroville, the state’s second-largest reservoir, or two smaller reservoirs nearby. Her human counterparts at the Department of Water Resources’ inspection station combed the boat’s interior for standing water that could harbor larvae.

Mandatory boat inspections are among the few weapons in California’s arsenal for protecting its thousands of lakes and reservoirs from the invasion. The mussels’ prolific growth and voracious appetites can upend entire ecosystems, encrust underwater surfaces, choke off water supplies and damage dams and power plants.

“We have been on high alert,” said Tanya Veldhuizen, special projects section manager in the California Department of Water Resources’ environmental assessment branch, which operates the state’s water delivery system. “It’s not just on our doorstep, it’s in our house.”

Golden mussels on a jar lid at Thermalito Forebay in Oroville. Warden Mark Rose uses the saved mussels to help Allee, a Belgian Malinois, detect them on watercraft. Photo by Miguel Gutierrez Jr., CalMatters

State water managers made the alarming discovery last October that golden mussels, which are native to China and Southeast Asia, had invaded the Sacramento-San Joaquin River Delta — the core of California’s massive water delivery systems. It marked the first detection in North America.

“To everyone’s horror, it was in many, many more places than we expected. The further they looked, the further they found them.”
— Ted Grosholz, UC Davis Coastal and Marine Sciences Institute

The mussels, first discovered encrusting a float near the Port of Stockton, have already infiltrated California’s two major state and federal water systems, which export water from the Delta to supply 30 million people and millions of acres of farmland. Their larvae are spreading through the network of pumps, pipes and canals.

“To everyone’s horror, it was in many, many more places than we expected,” said Ted Grosholz, a professor emeritus with the UC Davis Coastal and Marine Sciences Institute. “The further they looked, the further they found them.”

Now the mussels are here to stay. They cannot be eradicated. Water suppliers bracing for the onslaught have instead turned their efforts to shoring up pipes, pumps and treatment plants against the infestation.

The state’s most immediate priority is protecting the small pipes at upstream pumping facilities that keep water deliveries flowing, then they’ll move their efforts downstream, Veldhuizen said.

“It is a huge undertaking,” Veldhuizen said. “We’re not looking at removing mussels from all the water, because it’s just not feasible.”

The race is on to keep the mussels and their microscopic larvae from infesting untainted lakes by stowing away on hulls or inside damp, internal cavities of boats.

But resources are stretched precariously thin. There is no funding dedicated to fighting invasive golden mussels in the state’s budget. And each new infestation means one more place from which they can spread.

Boaters statewide are warned to “clean, drain and dry” anything that touches water before moving it to another lake or river. Microscopic larvae can survive in tiny amounts of trapped water. Adult mussels may survive for around a week or longer with no water at all.

Water managers in some lakes and reservoirs now require inspections, quarantine periods and decontamination with hot water before boats can enter. Others have closed or limited access to boating. But a patchwork of oversight leaves many lakes with no protection at all.

‘Oh, look what we found’ — the hunt for mussels

Allee, with her sensitive snout and devotion to Rose, is one of the state’s more finely-honed weapons against this invasion. But she is one of only 14 dogs with the wildlife agency trained to detect invasive mussels, Rose said. And she is also tasked with sniffing out the guns, ammunition and kills of wildlife poachers farther north in Tehama County, where Rose is the only game warden for nearly 3,000 square miles.

Rose guides Allee as she sniffs watercraft at Thermalito Forebay in Oroville to search for golden mussels. Photo by Miguel Gutierrez Jr., CalMatters

Inspection teams examine boats at the Thermalito Forebay. Photos by Miguel Gutierrez Jr., CalMatters

A state and federal mussels task force released recommendations in April, including mandatory decontamination of boats in infested areas for longer than five days and prevention programs at all accessible, uninfested waters. But these are monumental tasks, especially amid federal staff cuts and the state’s $12 billion budget deficit. California’s fish and wildlife agency, for instance, is severely understaffed, with only 33% of the resources needed to fulfill its law enforcement duties and 26% needed for habitat and species conservation, according to a 2021 analysis mandated by the Legislature.Even so, Gov. Gavin Newsom proposed cutting 164 vacant positions at the department this year, including wardens and other enforcement positions, according to HD Palmer with the Department of Finance. Lawmakers rejected the cuts for now, but the finance department said the budget does not provide funding to fight golden mussels.“Everybody’s under fire,” UC Davis’ Grosholz said. “It’s not a great time for resource agencies to suddenly have a brand new threat.”

“They’re actually doing some good to keep the mussels out of the (Oroville) water. Don’t know what they’re doing with all the other thousands of lakes around that they’re not monitoring, though.”
— Dean Dyrr, boater at at Lake Oroville

At the Department of Water Resources’ Oroville inspection station last month, trucks hauling expensive fishing boats and beat-up skiffs rolled over the dusty parking lot at the Thermalito Forebay, a smaller, downstream reservoir. The boats that passed Allee’s smell test and neon-vested inspectors were recorded and tagged, then sent to the open ramps. Boats that failed because they were still wet — even wet cupholders and life jackets can trigger a failure — were sent to a decontamination station, where they were sprayed and flushed with steaming water. Inspection stations set up by multiple agencies have already intercepted boats contaminated with golden mussels bound for lakes Tahoe, Folsom, Berryessa and Oroville. Leaning against his sailboat at an Oroville boat ramp, boater Dean Dyrr said inspectors spotted mussels on the boat right next to his when his sailboat was checked at the Thermalito Forebay in May.“They were like, ‘Oh, look what we found!’ and it was a handful of mussels,” Dyrr said as his wife loaded up their boat with supplies and water. Lake Oroville glinted against the dry, oak-studded foothills, and dozens of boats bobbed on its surface.

When mussels are found, the boat is pressure-washed and flushed with hot water, then confirmed free of mussels before it can be launched at the lake.

“The program’s actually working. They’re actually doing some good to keep the mussels out of the water” at Oroville, Dyrr said. “Don’t know what they’re doing with all the other thousands of lakes around that they’re not monitoring, though.”

Dean Dyrr prepares his sailboat at Lake Oroville. He said inspectors spotted mussels on the boat next to his. Photo by Miguel Gutierrez Jr., CalMatters

Various authorities — federal, state, local and private — manage access to California’s lakes and reservoirs. Of particular concern are the lakes and waterways that are not fed by Delta water, because they have the best chance of being spared infestations.Around thirty lakes and reservoirs have inspection programs and quarantine requirements of up to 60 days, and a handful have limited or barred access to boats, according to the state’s Division of Boating and Waterways’ analysis of a list they maintain. The division warns, however, that the list is not comprehensive and is kept as a courtesy with the limited staff that they have; boaters are advised to contact lakes and reservoirs to confirm. Among the biggest gaps in oversight are federally-managed Whiskeytown and Shasta lakes. Shasta Lake is the biggest reservoir in the state, and both are popular with boaters. Neither have mandatory inspection programs. “If golden mussels are detected in Shasta Lake, we will reassess the current approach and consider additional measures,” a spokesperson with the U.S. Forest Service said in an email. The agency asks boaters to voluntarily dry their boats for five days between visits to local North State lakes like Shasta and Whiskeytown, and 30 days if entering the lakes from outside the area. Laura Shaskey, division lead of resource management and interpretation with the Whiskeytown National Recreation Area, said voluntary inspections are offered during peak visiting periods. The inspection programs that do exist are costly and labor intensive. Lake Tahoe’s has been in place since 2008, after invasive quagga mussels breached California’s borders. But golden mussels are more ecologically nimble than previous invaders, and can survive in a much bigger range of waters. So the threat that they pose to Lake Tahoe is even greater, said Jeff Cowen, a spokesperson for the Tahoe Regional Planning Agency.

“There’s just too many boats and too many people out there to not miss them. It’s physically impossible.”
— Mark Rose, state Fish and Wildlife Warden

The agency has budgeted $1.1 million this fiscal year for its mandatory inspection program, which now also requires decontamination for boats entering on trailers. Boaters launching for the first time in Tahoe will need to pay a $115 registration fee for the year, plus $30 to $60 decontamination fees each time the boat returns from another lake. Kayaks, paddleboards and other hand-launched boats can skip the line and be decontaminated for free. At Folsom Lake and Lake Clementine, the U.S. Bureau of Reclamation and California State Parks require boaters to quarantine their boats for 30 days after inspection before they can enter the water, or pay a company for decontamination. By mid-June, staff braving sometimes sweltering weather had inspected more than 7,000 boats in just two months. But for all the expense and effort, there are still too many ways for boats to leave the Delta with invasive stowaways, and too few resources to stop them. There are also traces of DNA that suggest golden mussels had already invaded the Delta more than a year before they were first spotted near the Port of Stockton, Veldhuizen said. “There is the real potential that watercraft have moved golden mussels out of the Delta, and my fear is that we will begin to see detections outside of that interconnected water,” Martha Volkoff, environmental program manager for the California Department of Fish and Wildlife’s Invasive Species Program, said at a recent webinar. Still, Volkoff told CalMatters, it is worth trying to slow the spread as much as possible. California has done it before: Quagga mussels are thought to have spread to only two unconnected bodies of water since they were first discovered in Southern California’s Colorado River Aqueduct in 2007. “There’s so much to protect yet,” Volkoff said. “Yes, it’s a lot of work, but the long-term savings — to the environment and to all the other ways that it costs us — is investment well spent, even if we just delay new introductions.” Rose, in his K-9 unit vest, led Allee toward a pickup hauling an aluminum fishing boat when the driver rattled away, kicking up dust. The boat had not been inspected; the lake he was heading to — Collins Lake, in Yuba County — doesn’t require them. “There’s just too many boats and too many people out there to not miss them. It’s physically impossible,” Rose said. Another boat pulled up, and Allee happily trotted over.

Boaters upset about long dry-outs

About 25 miles away in the Sierra foothills, Collins Lake brimmed with campers on a Friday afternoon in June. People lounged on the sandy beach and paddled on kayaks and floats. A handful of fishing boats bobbed in the deeper water.

A sign at the lake’s boat ramp warned “DON’T MOVE A MUSSEL. CLEAN. DRAIN. DRY.” It was a precaution against the older threats of quagga and zebra mussels, and hadn’t been updated yet to include the state’s newest invader.

A sign warns visitors about quagga and zebra mussels, but not golden mussels, at Collins Lake in Browns Valley. Collins Lake does not have an inspection station for golden mussels. Photo by Miguel Gutierrez Jr., CalMatters

First: Boats at a dock at Collins Lake Last: A boater empties water from his boat at Collins Lake. Photos by Miguel Gutierrez Jr., CalMatters

There was no one checking boats at the ramp, though — which had drawn Mark Mezzanares and his friend Sonny Steuart to the lake. The retirees from Colfax were put off by the 30-day dry-out periods required at Folsom Lake in Sacramento County and Rollins Lake in Nevada County, though boaters who want to fast-track entry can pay for disinfection.

“I’m not gonna go sit over there and have my boat sit in the freaking driveway for 30 days and then go fishing once,” Mezzanares said. Rollins’ quarantine is an even more stringent 60 days for boats with bilges, ballasts and live water tanks that could carry stowaways.

“You don’t buy and spend $45,000 on a boat to go to one lake,” he said. They wished the state offered a pass that allowed boats cleared for one lake to visit others.

It’s a common refrain among boaters who chafe at the new restrictions. Maggie Macias, a spokesperson for the Department of Water Resources, said in an email they are discussing a pass program from Lake Oroville with other lake managers, but will need to ensure that any potential partners have rigorous inspections — and don’t already have mussels in the water themselves.

Those whose livelihoods depend on keeping lakes open for visitors are facing a difficult new reality. Jacob Young, the general manager of Collins Lake recreation area, is leaving it up to the boaters to ensure their boats are clean, drained and dry — at least for now.

“You can just sense a lot of that frustration that they’re feeling, like, ‘This is ridiculous,’” Young said. “And the same token, you get some people who might say, ‘Man, you’re not doing any golden mussel inspections? How could you not be doing that and making sure you’re staying safe?’”

At the boat ramp, water poured from the motor of a cherry-red bass boat that visitor Dan Jacobs had just hauled off the lake. Jacobs said he wished California had a network of courtesy decontamination stations like the ones offered in Minnesota to combat the spread of invasive zebra mussels, instead of lengthy quarantines.

“One of the rare times our tax dollars were spent wisely,” he said.

For him, the risk to Collins Lake feels personal; he and his wife camped there decades ago, when he was stationed at Beale Air Force Base, and now their children and grandchildren return for family camping trips.

“As bad as the mussels are, it makes you kind of nervous,” he said. “All it takes is one person to screw it up for everyone.”

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Natasha Uzcátegui-Liggett contributed reporting

James Morris Johnson, known as “Morris”
May 19, 1936 - May 9, 2025

It is with heavy hearts that we announce the passing of Morris. He passed peacefully with his loving wife by his side. They recently celebrated their 69th wedding anniversary.

Morris was born on May 19, 1936 in Bemidji, Minnesota. He was the second of six children. The family moved to California when he was a small boy in search of work — first to Pondosa, then to Eureka, where he had newspaper routes to help with the support of his family and was in the paper for his work ethics as a young boy. When he was a young teenager he began working for Doug Rex at Rex’s Redwood Gifts on Broadway. He saved up money to buy a table saw that blossomed into a lifetime of creative and thoughtful woodwork his entire life, and even created the infamous Hot Dog Sticks that were sold at the Trees of Mystery gift shop, amongst many other family favorites such as redwood planters and piggy banks.

He loved the outdoors and enjoyed hunting, fishing, clamming and camping. When he was a young boy he bought a little boat and had it at the bay for his adventures. He often told the story of sneaking into the neighbor’s crop and rolling watermelons down to the creek and floating them down so they could sneak them. Watermelon is his favorite.

Morris loved to tell jokes and stories and sometimes you could fall victim to a little prank. He also loved to roller skate, walk on stilts and dance, and he was very good. He always had his radio tuned to country music and was always singing. Through friends he met the love of his life, Gwendene Barnett. They married in April of 1957. The following year their oldest daughter Tani Marie was born, followed by Charlene Sarah, Deborah Lynn and then Rita Ann.

He worked at Arcata Plywood Mill until they closed, then was transferred to Durable Plywood until they closed, then went on to work at Fortuna Veneer. Morris worked over 20 years in the local plywood industry before early retirement.

Ours was a wonderful life of camping, hunting (I, Rita was a week old in Hunting Camp and enjoyed many birthdays there), fishing, and bonfires on the beach. Bailey Canyon was a favorite campground on Ruth Lake where we learned to water ski. Dad would fish and then take us out on the lake for a day of skiing and swimming. Also camping/fishing both Stone and Freshwater Lagoon, then later dad and mom made a nice little cabin that was enjoyed year round. Later in life, Morris and Gwen were gifted a trip to Maui that sparked a new creative bug in him that lead to the many statues that are enjoyed by so many today, even landing him another spot in the Times-Standard, a listing in 101 Things To Do In Humboldt, and many stop from PokeMon Go-ers!

He was preceded in death by his parents Ida and Leon Smith (he was born a Johnson but considered his step-father his Dad), his brothers Leon, Burton, and Kenneth, his son-in-law David, and great-granddaughter Emily. Shortly following Morris’ passing, our family suffered another tragedy of the death of his great-great-grandson Hunter James. But we take great comfort in knowing Hunter has the most unconditionally-loving Grandpa he could ever have holding him.

Morris is survived by his wife of over 69 years, Gwendene, daughters Tani, Charlene (Greg), Debbie (Richard), Rita (Doug), 10 grand-children and 33 great-grandchildren and 1 great-great-grandchild (hold our Hunter tight Grandpa, we know you are!).

Special thanks to the staff at Hospice of Humboldt for their dedication and care, and Ayers Family Cremation whose staff is very kind and thoughtful.

Family and friends are gathering to share stories and memories with root beer floats July 19th.

“Do not stand at my grave and weep,
I am not there, I do not sleep,
I am a thousand winds that blow,
I am the diamond glints on snow.
I am the sunlight on ripened grain,
I am the gentle Autumn’s rain.
When you awaken in the morning’s hush,
I am the swift uplifting rush,
Of quiet birds in circled flight,
I am the soft stars that shine at night.
Do not stand at my grave and cry,
I am not there, I did not die.”

~Robert Hepburn

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Garrett James Christian
March 19, 1970 – May 25, 2025

Garrett James Christian, 55, of Eureka, passed away on May 25, 2025. He was born on March 19, 1970, in Eureka to the late Michael and Vicky Christian. Garrett grew up between Turlock, McKinleyville, and Eureka, where he built a life rooted in family, service, and a deep love for the outdoors.

After graduating from high school, Garrett proudly served in the United States Marine Corps, where he was deployed during Desert Storm and Desert Shield. His time in the military left a lasting impact and instilled in him the values of strength, resilience and honor.

Following his service, Garrett spent many years living in Auburn, California, where he worked for Diamond Well Drilling. Known for his strong work ethic and practical skills, he was a dependable and hardworking presence on every job site.

Later, Garrett returned to Eureka and worked for the county, continuing his legacy of service to the community. He found peace and purpose in the outdoors — whether hunting, fishing or simply spending time in nature, it was where he felt most at home.

Garrett is survived by his siblings Sean, Amy, Rebecca and Stephanie, as well as many nieces, nephews, and extended family members who loved him dearly. He will be remembered for his quiet strength, steady presence, and deep connection to the land and people around him.

He will be missed more than words can say and cherished always in the hearts of those who knew and loved him.

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PREVIOUSLY

• Federal Judge Tosses Class Action Suit Challenging Humboldt County’s Cannabis Code Enforcement Process
• Appeals Court Reverses Dismissal of Class Action Suit Challenging Humboldt County’s Cannabis Abatement Penalties, Sending the Case Back to District Court

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Humboldt County has asked the U.S. Supreme Court not to hear a case challenging the legality of fines issued as part of its cannabis code enforcement process.

On Thursday, attorneys for the county filed a brief urging the Court to deny a petition to review Thomas v. Humboldt County, a case we’ve written about before. (See links above.) In that class action suit, local landowners argued that their constitutional rights to due process were violated when the Planning Department slapped them with exorbitant fines and fees for weed-related code violations, some of which stemmed from the activities of previous owners.

In their petition for review, the plaintiffs, represented by the nonprofit Institute for Justice, argue that the Seventh Amendment’s right to a jury trial should extend to instances wherein local governments issue civil penalties over alleged cannabis violations. 

That’s not the way things have worked for the past hundred-odd years. Ever since the 1916 Supreme Court case Minneapolis & St. Louis R. Co. v. Bombolis, courts have held that the Seventh Amendment does not apply to states and local governments. But the Thomas plaintiffs argue that the Supreme Court should overturn that precedent, which would require places like Humboldt County to provide jury trials in civil penalties cases.

Their request, which runs to 300 pages and goes by the highfalutin legal terminology “Petition for a Writ of Certiorari,” says, “Places like Humboldt County, California, impose ruinous fines—and even take people’s homes—without ever proving the government’s case to a jury.”

Humboldt County’s system is particularly egregious, the writ argues. 

“The County fines people millions of dollars for basic permitting and land-use violations that pose little or no harm to the community,” the writ states in its introduction. “Like many state and municipal governments, however, Humboldt channels these claims through administrative tribunals. Doing so deprives the accused of their fundamental right to a trial by jury.”

Another key element of the plaintiffs’ argument is that the “hearing officer” who’s charged with finding facts and making a ruling on the alleged code enforcement violations works for county code enforcement. 

“Unsurprisingly, Humboldt never loses on its home court,” the writ observes.

But in its opposition brief, attorneys for the county say the original district court ruling was correct when it described plaintiffs’ allegations as “implausible and overwrought.” The plaintiffs all either created violations themselves or purchased properties knowing about existing violations — and more to the point, none of them have actually been fined; all penalties are merely “proposed,” according to the brief.

The brief concludes by saying “this is not the right time or vehicle to entertain the question” of whether the Seventh Amendment right to a jury trial should extend to states and local governments. A case involving the federal government would be better suited to review than one featuring tiny little Humboldt County, the county’s attorneys say. 

Furthermore, they argue, this case “is based on an untested pleading with an implausible, indeed feverish, rendition of events,” and beyond that, it’s “rooted in federally illegal conduct — commercial cannabis cultivation.” 

Messy, in other words.  

However, some big guns are backing the play of the Institute for Justice. A pair of conservative think tanks — the Cato Institute and the Buckeye Institute — each filed an amicus brief urging the Supreme Court to grant review and overturn the Bombolis decision. So did Steven Calabresi, co-chairman of the Federalist Society, which has spent decades helping to pack the federal judiciary (including the Supreme Court itself) with right-wing appointees.

Still, the request is something of a long shot, just in terms of the math. The Supreme Court receives more than 7,000 of them each year but only agrees to hear between 100 and 150.

If you’d like to get deep into the weeds and read the briefs yourself, you can find links to all of the filings in this case on the Supreme Court’s website.