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Can President Donald Trump call up the National Guard to enter a city even if the governor of that state says no?

This basic question is under litigation across several federal courts in three states and is now before the U.S. Supreme Court. It has even more urgency now that Trump plans to send Department of Homeland Security personnel to San Francisco tomorrow, a move Gov. Gavin Newsom said is a precursor to the president’s sending in the National Guard. Trump said the city has a high crime rate and needs federal protection. City officials say crime is down.

“This is right out of the dictator’s handbook. Donald Trump does this over and over again,” the governor said in a social media post. Newsom said before Trump can summon the National Guard, he needs to sow anxiety in the streets so he can then “solve for that” with federal troops.

Before news broke of federal agents arriving in San Francisco, California Attorney General Rob Bonta sat down with CalMatters today to talk about Trump’s use of the National Guard.

“It would be dangerous and wrongly decided to allow the president to do what he’s trying to do now, which is to act as if he’s above the law, act as if he’s a king, treat the National Guard as his royal guard,” he said. “He will deploy only to blue cities. He will use it to punish enemies. He will use it to target those people who didn’t support him.”

Already Trump has issued an executive order directing Secretary of Defense Pete Hegseth to establish a new “standing National Guard quick reaction force” for “rapid nationwide deployment,” California Department of Justice lawyers wrote to Supreme Court justices in a legal filing.

Already, federal courts are dealing with questions of the legality of sending state National Guard troops to Chicago, Los Angeles and Portland — cities in which the state attorneys general sued the Trump administration.

California is central to the national issue

Bonta is a key player in that Blue State resistance. His team was the first to challenge Trump on taking over control of the state National Guard under a rarely used law that allows the president to do this in times of invasion, internal rebellion or when U.S. laws cannot be executed with “regular forces” — a contested term.

California is ground-zero for this novel dispute. This is where Trump mobilized 4,000 of the state’s National Guard troops in June in response to two days of occasionally violent protests against federal immigration raids in the Los Angeles region.

Prior to Trump’s federalization of those troops in June, at no time in U.S. history was the law invoked without the consent of the state governor. Use of the law is exceedingly rare: It was used just once before June by President Richard Nixon to mobilize troops during a postal worker strike in 1970.

Bonta joined Oregon in suing Trump to halt him from sending the National Guard from Oregon, California and Texas to Portland, the site of sporadic protests. And California has filed legal briefings siding with Illinois to district and appellate courts, as well as the Supreme Court.

Frustratingly for the public, there’s no final answer in the near term. Instead, lawyers from liberal states suing the Trump administration are stuck in a standoff with Department of Justice attorneys defending the White House’s decisions. Each side has notched a roughly even collection of procedural victories and defeats with no sign of resolution.

Even a decision from the nation’s highest court — issued from the so-called shadow docket — will likely be preliminary and prompt new iterations of legal challenges as the merits of this fundamental question inch upward through the courts.

Adding to the confusion, most of the legal decisions and appeals about the president’s powers to take over the National Guard deal with temporary orders or preliminary injunctions. Only one court has answered a portion of the major issues around Trump’s powers — whether the National Guard and military can conduct law enforcement activities, and if so, what are the limits of those abilities.

In Bonta’s view and what California has argued in the courts, decisions siding with Trump could mean that the National Guard, controlled by the U.S. military, could accompany IRS officials on routine audits. It could mean armed forces at polling places on election day.

A lower court judge sided with California, but the 9th Circuit Court agreed with the Trump administration to stay that injunction.

That question of the law enforcement powers isn’t before the Supreme Court, but it may get there soon.

Federal government says courts can’t second-guess Trump

Attorneys for the federal government have been consistent in maintaining that judges cannot even review the president’s decisions to federalize a state’s National Guard troops. However, California state attorneys wrote to the Supreme Court that “every court to consider the question has rejected that argument.”

So far district court judges in California, Oregon and Illinois have agreed with Bonta and his Democrat counterparts. But twice already a panel of judges on the 9th Circuit Court of Appeals that oversees the western states disagreed. They said the level of protest in the streets rises to rebellion and an inability for the federal government to conduct its operations.

Two sets of judges on the 9th Circuit Court of Appeals homed in on the level of violence in Portland and Los Angeles outside of federal immigration facilities. They suggested the unrest was significant enough to impede federal operations, blocking lower court decisions that sided with California and Oregon lawyers. At one point the Portland facility was closed for over three weeks, one of the judge panels noted.

Some of the judges overseeing the cases have questioned whether the administration’s evidence is reliable. “In addition to demonstrating a potential lack of candor by these affiants, it also calls into question their ability to accurately assess the facts,” Judge April M. Perry wrote. She’s a Biden appointee.

She also noted a “a troubling trend of Defendants’ declarants equating protests with riots.”

The 7th Circuit Court of Appeals largely sided with Perry in her temporary restraining order blocking Trump from sending National Guard troops to the Chicago area. The White House appealed, and now that’s before the Supreme Court.

Lawyers for the federal government wrote to the Supreme Court that Perry’s order blocking Trump from deploying the National Guard to the Chicago area “downplays or denies the ongoing threat to the lives and safety of federal agents, substitutes the court’s own judgment for the president’s about the need for military augmentation, and gives little or no weight to the United States’ interest in enforcing federal immigration law.”

Meanwhile, Bonta is troubled by the administration’s arguments that unrest in June can justify new and continued deployment of the National Guard months later. “It just doesn’t make any sense,” he said. His legal team has written that there needs to be a limit for how long the National Guard can be deployed if the violence that prompted their federalization has subsided.

Bonta is ready if Trump sends troops to Bay Area

Still, Bonta permits that of the three cities at the focus of the federal lawsuits over Trump’s ability to send the National Guard — Chicago, Los Angeles and Portland — “I’d say the federal government had their strongest case in L.A.”

But is what occurred in Los Angeles a form of rebellion? Not according to Bonta.

“Rebellion is a violent effort to overthrow the government,” he said. The violence against federal buildings and immigration law enforcement facilities in the cities Trump targeted “isn’t good,” but it’s not a government overthrow.”

“The trivializing of these very important words with high standards by the federal government, it is being done on purpose,” he said. The Trump administration “calls seemingly everything an emergency or rebellion or invasion,” including illegal immigration. “But that’s not what it is.”

While Bonta said he considered trying to preempt the president’s use of armed forces in San Francisco, the technicalities of the federal court system don’t let his team sue until the troops arrive. Yesterday he and Newsom said they’re ready to sue if Trump does that.

“It’s difficult to do something preemptively,” Bonta told CalMatters.

With broken hearts we announce the passing of Brooke “Brooklynn” Emily Jackson. She left us peacefully on Friday, October 3, at 11:11 a.m., surrounded by her family in Eureka.

Brooke was born in Eureka on July 8, 1998 at the old General Hospital in the presence of her beloved aunt, Amy Miller, and her then three-month-old cousin, Cassidy Bailey. Her mother Sarah brought her home to big sister, Elizabeth, the next day. She was a happy and fearless child, always smiling and sticking up for her friends in their neighborhood on 15th Street. She attended Back Yard Preschool, and then Freshwater Elementary School. She moved with her family to the Freshwater School District before middle school. She cheered for youth football from the age of 7, and attended ballet and gymnastic classes. Brooke attended Arcata High School where she also cheered and made many friends. She graduated from Arcata High School in 2016.

She grew to be a stunning beauty under the Humboldt redwoods, where she loved to swim in the rivers and lakes. She enjoyed picking up pretty rocks on the local beaches. Brooke also traveled to her grandmother Nanci’s home in Mexico to enjoy the beaches there, and to Hawaii to learn to surf and vacation with family.

She was incredibly proud to become a auntie when Tobi, and then Kylah were born. She helped with their care and feeding while living in Arcata with her big sister then in Redding, briefly, after her sister moved. She attended Fredrick and Charles Beauty College, and she worked at Angels of Hope and Luis’s in her early adult life. She loved and rescued animals, including her beloved dog Srewie and cat Rico.

Brooklynn will be remembered as someone who brightened up every room she entered, brought hope and comfort to her freinds, and as a wildly hilarious soul.

She was preceded into the afterlife, by her father, Robert Jackson, and his parents Ron and Sue Todd, and her grandfather, Griff Savage. Those who survive are her mother, Sarah Jackson, grandmother Nanci Savage, sisters, Eliza Jackson, Toni Pico, and Emmi Ruiz, soul-sister Willow Wakanwolf, brothers Reid and Ryan Jackson, her niece Kylah Boazman and nephew Tobi Boazman, aunt Amy Miller, Uncle Roger Miller, cousins Cassidy Bailey, Ciara Miller, and Caley Miller.

A memorial will be held for her at the Wharfinger Building on Saturday, October 25, at 1 p.m. Please consider bringing a donation for the Redwood Renewal Foundation to honor her memory.

Brooklyn was beautiful and wonderful and brave and strong and smart and funny and happy and good, and we loved her very, very much.

Robert F. Wallace, Ph.D
“World traveler”

Robert Frank Wallace (aka “Frank Bob”, only his Sister called him this, but I love it!), “Frank” in his younger years, born on May 26, 1944, in Alabama, raised in Tennessee; passed September 17, 2025 in Eureka.

An anxious knock on the door and I hear the call to “come in”.

I’m greeted cheerfully, by the most child-like smile on a face that’s been weathered by the hands of time. Already penning down a list of things for me to take care of, Bob had a certain preciseness about him, and his mind was just as sharp as his yesterdays. First impressions are always lasting, walking into the place, I couldn’t help but gaze in wonderment. I started asking questions because the house was filled with so many unique objects. He told me, “I’m an open book.” We instantly got along very well, with similar views and interests. In my work, I’m usually taking care of plants or cutting grass. This did not feel like work at all, but more like the unveiling of a history.

An aura of solace surrounded this person who had lived a great life of diversity. This wasn’t about cleaning someone’s house or preparing a meal for a stranger, in those hours, time stood still with intent.This new uncharted assignment was well understood. With my whole heart, I truly wanted to hear the journey that brought “this respected elder” to their final destination. With the first questions asked, I knew he was just as eager to walk down this lane of memories with me. Life can often be uplifted by intersecting paths that cross for a fleeting moment with a huge purpose. This is the story of my Dad’s old friend, and my new friend, Bob.

Intelligence, determination, and perseverance allowed Bob to overcome many challenges early on in order to succeed in life. Bob told me that he avoided spending time with his “narcissistic” mother at the very early age of 7, when he started working in his father’s hardware store. He would make a dollar if he worked the entire day and many times, he would take his earnings over to the local bank to get rolls of pennies, to find anything unique. Bob told me that watching the different types of currency going in and out of the store cash register is what sparked his interest in coin collecting, geography and travel. Unfortunately, Bob’s younger sister wasn’t able to tag along to the hardware store and they didn’t get to spend much time together as kids. Learning isolation techniques at an early age may have contributed to his introverted ways.

Bob’s nose was always in a book, absorbing information. Taking education seriously, it was in his early twenties that he earned a master’s degree in Science from Florida State University. Five years later he earned a masters in Philosophy, and the following year a masters in Psychology, both from UC San Diego. Self-diagnosed with Aspergers (ASD), Bob was able to soar into his own personal interests. During the years of popular magazines, Bob told me he had 12 different technology subscriptions at one time! He was heavily invested in a certain tech company, and probably one of the most digitally fluent 81-year-olds I’ve ever met. He sent me emails from his favorite YouTube Chef, Jean Pierre, favorite musician, Beth Hart, favorite podcast, The Bulwark.

Another of Bob’s passions was humanitarianism. He told me how he made a point to donate to organizations that are addressing the carbon footprint of humanity, himself included. For decades, he gave funds to tree planting efforts outside of the U.S. This inspired many trips over the years because he really wanted to see with his own eyes if that money was being allocated properly. That’s why Bob would travel to certain parts of the world and witness the growth being made. He told me that it felt so nice that he was contributing to this cause that made a real impact on the less fortunate parts of the world.

Somewhere around 1990, Bob (aka), “Captain Raintree”, took up living on and sailing a yacht for five years. Cruising up and down the Panama canal, visiting countless island destinations, becoming a member of as many yacht clubs as possible. Postcards were his thing! Sending and receiving generous stories of adventure as in one postcard from the Himalayan mountains Bob wrote, “It’s not fun being knee-deep in snow, wearing only your Birkenstocks.” He was trying to plan an exit from the summit and having a hard time finding a crew to get him down the mountain. Bob told me of a scary moment when the exhaust system on his yacht became clogged and a backdraft of carbon monoxide began seeping into the vessel while he was asleep. Miraculously, a loud noise from the critters that caused the clog in the first place woke him up just in time to escape. I believe that’s what ended his days as a lone captain. This story had us cracking up and made me think of cartoon chipmunks causing chaos.

After all of this, he purchased a plot of land in far Northern California on a secluded dirt road, off the grid. This is where he built a spectacular homestead from the knowledge attained through DIY construction books and magazines. Although the home was slightly unfinished on the inside, it was so beautiful, and so unique, with built in cabinetry everywhere. Windows at every corner of the eye, super structurally-sound, unlike a lot of (DYI) cabins around Humboldt that are minimally built. For decades, Bob woke up to beautiful cascading views of Chalk Mountain during the spring, summer and fall of each year. The winter months sent him traveling as far away as possible, reaching all the destinations that he had dreamed of from those childhood books and coins.

Bob told me that, eight months previous to the cancer diagnosis, he was reflooring his apartment in Italy, soaking up information through any number of devices with a Wi-Fi connection, and making his way around very well. Two rounds of chemotherapy drastically reduced the quality of life that he’d always known. Bob told me,”I’ve lived an amazing life up until the chemo.” I think it was the moment of realization that he would never get that quality of life back that he decided to be at peace with the process. I was there when they gave him the news that it was not months that he had left, but only weeks and I didn’t really want to accept the truth that Bob needed to hear. He actually made me feel better about his situation by telling me stories and achievements from his past.

In Bob’s words, “look around here, every relic in this house holds a memory and a story behind it.” He kept asking me to grab things, like an eager child with a big smile! I would happily rush off and get whatever item he asked for. He would look over each item knowing that this would be the last time he would see them. Connecting the relic to the memory was very touching to watch and I enjoyed listening to all of the stories. (Bob kept every slip of paper from every port where he harbored, every flight, currency exchanged, etc, nothing was left undocumented) I wasn’t afraid to ask the difficult questions and he was glad to answer. There were a few romantic interest stories from long ago, some sad and others happy. Coincidentally, with the same name as my own mother, Bob talked joyfully about the one that got away. A life of solitude isn’t for everyone, but this was absolutely the life for “Frank” Bob.

All anyone can hope for is a peaceful voice surrounding you in the final moments when uncertainty becomes realization. What a great honor for me to be the person he needed in these very real and final moments when his quality of life took a dramatic shift. My hope is that Bob was able to visualize a clear path through the breezy redwood forest of fully blooming huckleberry and into the brightest light of the universe, exactly where he needed to be …

I’ve tried to share (to the best of my ability) with the world the amazing life story of my friend, (world traveler, Frank) Bob Wallace, whose life might have otherwise sifted through the hourglass of time and into the unknown.

When my dad and I were helping clear out the ranch house after Bob passed, we realized that Bob kept nearly everything he ever touched that meant something to him. This made it quite difficult to just get rid of it all. We had the dumpster and were tossing all of the funky things in and packing other stuff to be donated or saved. There was this box that had a jingle to it and I figured we should save this one. Bob had given my youngest son (also obsessed with foreign currency/geography) a collection of coins, before he passed. Days later, I realized this box held some of Bob’s most treasured moments from his worldly travels, a few little notepads with every country, and all the food he ate, passports, postcards, letters of love, yacht club memberships, ticket stubs, museum visit stamp cards, endless tiny strips of foreign paper. Everything was meant to be found in that box for a reason.

There’s a story to be told in every corner of the world, no matter how small your circle becomes. What an extraordinary life of adventure, romance, and mystery, as he traveled the world and studied the lives of others with a true passion. In passing, Bob left behind very generous donations to several organizations that not only benefit his local community but across the globe. “Frank Bob” is survived by his sister Jan and brother-in-law Billy Vallely and their children. Thank you, Jan, for giving me some of these special worldly trinkets that hold stories and memories of an incredible life filled with such love for adventure and solitude. And a very special thank you to Hospice of Humboldt for providing immediate end of life care.

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Sharon Mae Paddock
March 26, 1944 to Oct. 18, 2025

Sharon Mae Paddock age 81, passed away October 17, 2025 at St Joseph Hospital in Eureka.

Sharon was born on March 26, 1944 in Eureka to Walton and June Hitchings. She was the youngest of four siblings — Ione Stapp, Glenda Stapp and Sam Hitchings.

She grew up in the Myrtletown area and attended Worthington Elementary. As a young student and natural-born social butterfly, she launched the “What’s Happening” newsletter — she took pride in the task, and loved staying on top of the social drama.

She often cheered on her sisters at local rodeos and enjoyed visiting family and friends in the nearby mountain areas. She and her family frequently played live music, sang, danced and shared hearty home-cooked meals. These times created many fond memories — and even more great stories!

At 11 years old, she became ill with a rare thyroid condition, and at the time was the second youngest to undergo such a risky procedure. She survived it, and emerged with forthright spunk!

At the age of 16, while attending a dance at the Iaqua schoolhouse, Sharon caught the eye of her future husband, Billy Paddock. She loved dancing and through out the years taught several young men how to properly move a girl around the dance floor. Sharon passed on her passion for dancing to both her children.

In high school, her spirited spunk carried over into several clubs: drama, choir, FFA, and Pom Pom cheer. In 1962 she graduated Eureka senior high and was crowned the FFA Queen.

After high school Sharon jokingly said she attended HSU for one semester in pursuit of her “Mrs.” degree — and by all accounts, she succeeded! Billy returned home from Cal Poly San Luis Obispo and asked her to marry him. They wed on June 6, 1964.

Soon after, they moved to their honeymoon home on the Paddock Kneeland Ranch, which at the time spanned 2,600 acres. They resided there for two years, welcoming their daughter Candice.

In 1967, Sharon and her family moved to Othello, Washington, to work the 250-acre family farm, raising alfalfa, wheat and cattle, in contrast. The Washington basin heat was challenging. They learned to bale alfalfa during the midnight hours, to insure the correct moisture content, putting up 2,200 tons a season. Three farm years later, in 1970, Sharon gave birth to her son Will, and all of things he was allergic to … hay.

Humboldt County eventually called them back home — and they never left. The family lived in the Eureka/Arcata area for many years. Eventually Sharon and Bill built their forever home and once again settled on Kneeland.

Through the years, Sharon had a diverse career path. She worked for Save-a-lot meats, managed a outdoor furniture assembly crew at Crown Redwood, was a personal caretaker, and ultimately became a realtor and partner with her husband at Humboldt Land Company/Paddock Real Estate.

She excelled at horseshoe pitching. What began as a hobby turned into world-class excellence. Sharon’s determination led to placing third in the World-women’s league, accompanied by multiple California state championships. If she pitched 100 horseshoes, 82 on average would be ringers. Her best game was 98 percent.

Her family often traveled together, pitching in tournaments througout the states. Once they performed at the Ukiah state fair, being billed as the highest percentage pitching family in the state, and were dubbed “Those Amazing Paddocks” in the local Times-Standard newspaper. (A clipping worth keeping!)

She had a professional court built in the backyard of every home she owned — neighbors still comment on the guaranteed clink of her hitting the stake, signaling yet another ringer made. Beyond the competition, the friendships and social ties made were enduring and significant.

Sharon and Billy recently celebrated their 61st wedding anniversary — a remarkable milestone for anyone who truly understands the vows “to have and to hold, for richer or for poorer, in sickness and in health, until death do us part.” Billy was right by her side when she passed.

She is survived by her husband, Bill; her children, Candice Trask (Del) and Will Paddock (Krista); her grandchildren, Lacey Jensen (Tyler), Cortney Cole (Kyle), and Dakota Paddock; great-grandsons Waylon Cole and Torin Jensen; sister, Glenda Stapp; half sister: Dolores Torgerson (Carl); sister-in-law, Mary Guynup (John) and brother-in-law, Ben Bowers; and numerous nieces and nephews.

A graveside service is planned for Sunday, November 2, 12 p.m. at Iaqua Cemetery, Kneeland.

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Arvil Junior Baskette, 83, of McKinleyville, passed away October 15, 2025.

Junior was born on June 6, 1942 to Arvil Frank and Gladys Elizabeth Baskette in Englewood, Tennessee. He was the second oldest of five children – Harold, Junior, Kenneth, Darold and Christine.

In 1959, the Baskette family moved to Manila from North Carolina. Across the street lived the Stubblefield family. Junior met and fell in love with Fredricka (Snookie) Sue Stubblefield. They married in 1961. They remained in Manila, where they welcomed their son Wayne in 1962. They moved to Fairhaven, where they welcomed their daughter Leona in 1963 and their son Scott in 1969. In 1978, the family moved to McKinleyville.

He worked at Georgia Pacific Plywood, Louisiana Pacific Plywood and Humboldt Flakeboard.

He cherished the time he spent with his great-grandson Lance. He loved hunting, fishing and vegetable gardening. He was proud of his apple trees and blackberry bushes. Apple pie, blackberry cobbler and zucchini bread were his favorite baked goods made from his harvest. He enjoyed watching old western TV shows and movies with John Wayne being his favorite.

He was preceded in death by: wife, Snookie Baskette; father, Arvil Baskette; mother, Gladys Baskette; brother, Kenneth Baskette; sister-in-law, Carolyn Stone.

Junior is survived by: son, Wayne Baskette; daughter, Leona Baskette; son, Scott Baskette; grandson, William Baskette; grandson, Kade Baskette; great-grandson, Lance Baskette; brother, Harold (Bernice) Baskette; brother, Darold (Norma) Baskette; sister, Christine (Del) Baskette; sister in-law, Nancy Dunn; brother in-law, Larry Stone; many nieces, nephews and cousins; dear friends, Dominick and Debbie Tarantino and Joyce Stapp.

The family would like to thank the staff of Shasta Regional Medical Center and River Valley Healthcare and Wellness Centre of Redding.

At Junior’s request no service or celebration of life will be held.

Missing them in every memory and every moment.
Feeling their love every day, all the time.

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Humboldt County Sheriff’s Office press release:

On Oct. 21, 2025, at 3:45 p.m., the Humboldt County Emergency Communications Center received a call from a citizen reporting his father had fallen into the water at the North Jetty in Fairhaven.
Deputies from the Humboldt County Sheriff’s Office Special Services Division responded to the scene along with a Game Warden from California Fish and Wildlife, and personnel from the Samoa Volunteer Fire Department. 

Once on scene deputies located the victim, a 74-year-old male, who was breathing but nonresponsive and suffering from major head and facial injuries. Based on statements by the son it was determined the father was standing on the jetty, struck by sneaker wave and was swept into the water. The son stated he pulled his father out of the water and back onto the Jetty.

Medical aid was immediately rendered by personnel on scene. Due the nature and severity of wave conditions the United States Coast Guard (USCG) Helicopter was requested to assist. Once the USCG arrived the victim was loaded into the rescue basket, hoisted into the helicopter and transported to a local hospital to undergo medical treatment for his injuries.

According to Sgt. Tony Gomes of the HCSO Special Services Unit, “The conditions for the rescue were extreme, and a great deal of bravery was shown by all personnel involved.”

The Humboldt County Sheriff’s Office would like to extend its sincere gratitude to the California Department of Fish and Wildlife, the Samoa Volunteer Fire Department, and the United States Coast Guard for their assistance during this rescue operation.

Our thoughts are with the victim and his family during this difficult time, and we will remain hopeful for his full recovery.

The Sheriff’s Office would like to remind people to adhere to the warnings from the National Weather Service regarding beach hazards and sneaker waves along the Humboldt County coastline.

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At last night’s meeting, the Eureka City Council unanimously approved an ordinance banning the sale and distribution of nitrous oxide within city limits in an effort to curb recreational use. The ordinance, which is set to take effect Jan. 1, 2026, includes some exceptions for legitimate commercial uses. 

The ban is part of a nationwide effort to limit the availability of nitrous oxide — commonly known as laughing gas, whippits or NOS —  which has surged in popularity among teenagers and young adults with the advent of new flavors and eye-catching packaging. 

Recreational sales, distribution and use of nitrous oxide is already a misdemeanor in California, but there are loopholes in state regulations that allow “food grade” nitrous cartridges to be sold as a whipped cream propellant in convenience stores and smoke shops. The substance can even be ordered online from Amazon and eBay.

Earlier this year, the Humboldt County Board of Supervisors became one of the first California counties to pass a retail ban on nitrous oxide in unincorporated areas of the county. The City of Eureka and other local municipalities have been working on their own ordinances since last year.

Speaking at last night’s meeting, Eureka City Manager Miles Slattery said the city’s ordinance — linked here — would prohibit the sale and distribution of nitrous oxide in city limits. Those found in violation of the ordinance could face a $1,000 fine or up to one year in county jail. 

Slattery | Screenshot

“There are certain exemptions [built] into the ordinance … for medical purposes and food-grade products,” Slattery said. “I want to clarify that when it says food-grade products, those are already packaged products. That would be your whipped cream that’s already in a canister that you would buy from a grocery store, or any other already pre-packaged item at a grocery store.”

Councilmembers Kati Moulton and Renee Contreras-DeLoach noted that the ordinance includes exemptions for medical professionals and asked why there weren’t similar carve-outs for restaurants and coffee shops that use nitrous cartridges for whipped cream canisters and other aerated foods. 

Slattery said a culinary exemption was discussed in meetings with county administrators and local law enforcement officials, but they worried that it would allow certain retailers to continue to sell the substance under the guise of a food product.

“Those same companies that are selling this against state law could still sell this to individuals who came in and said, ‘I own a store for that [and] I use this for whipped cream or whatever,’” Slattery said. “There are other businesses that do use nitrous, but none of those were related to us locally. The only ones that they had concerns about [were] the coffee shops.”

Councilmember Scott Bauer wondered if some of the local coffee shops purchased nitrous oxide from a wholesale retailer and, if so, whether the vendor could be added to the list of exemptions. Councilmember Leslie Castellano had the same thought.

“I think that the issue that you would have there is, I’m not sure whether the vendors check and see if they are a [real] restaurant,” Slattery said.

Responding to a question from Councilmember G. Mario Fernandez about the public health and safety impacts of nitrous use, Slattery recalled last year when a 66-year-old pedestrian was hit and killed by a driver who admitted to being under the influence of nitrous oxide.

“We’ve had a case where a community member was high on this and ended up killing somebody on our streets,” he continued. “There’s plenty of cases of underage [use] and adults that have consumed [nitrous] and ended up in the ER.”

Fernandez also asked how the city would prevent residents from buying the substance online. Slattery said the city can work with online retailers to prohibit sales to certain zip codes. 

During public comment, Eureka resident Deborah Dukes urged the city council to pass the ordinance, adding that she is “sick to death of picking up those canisters” that litter the alley behind her house near Eureka High School. “I know every time I see one, it’s a kid who’s doing damage to their brain.”

Dukes | Screenshot

“What we’re doing to our young people by making these canisters accessible at all is horrible,” she said. “I would ask you to please think about our kids and think about little old ladies going around picking up canisters instead of just enjoying the nice walk.”

Another speaker, who did not identify themselves, noted that some of the local coffee shops get nitrous oxide from Sysco, and supported the previous suggestion that the city exempt certain wholesale producers from the ban. They also encouraged the city to target retailers that sell nitrous oxide, not individuals who possess it.

“I know you’re saying it’s not about possession, but if you have an individual selling it on the street to another individual — that’s not really what we want to be going after,” they said. “We want to be going after the community health crisis. In order to do that, if you want to curtail the head shops, which is what [EPD] said are mostly the issue here.”

A local convenience store owner, who only identified himself as Paul, spoke in favor of the ban, noting that it would “weed out” bad actors in the industry. “We’re totally with you guys on this,” he said. “As a local family that lives in this area and as business [owner], we want to sell general convenience items, and this stuff has come into the industry and created a bad image for everybody.”

Following public comment, Councilmember Castellano made a motion to approve the ban, with an exception for businesses selling directly to restaurants and coffee shops. Councilmember Bauer seconded the action.

The motion passed 5-0. 

Tobacco Retail Ordinance

The city council also approved a Tobacco Retail Licensing Ordinance that aims to enhance local enforcement and protect youth by reducing accessibility to tobacco products. Retailers will have 90 days to come into compliance with the ordinance after it takes effect on Jan. 1, 2026.

During a brief presentation to the council, Slattery noted that the ordinance would work in tandem with the nitrous ordinance. “If we find somebody in violation of the nitrous ordinance, that can trigger this ordinance to allow us to remove their license,” he said. 

Just yesterday, the Humboldt County Board of Supervisors revisited the county’s Tobacco Retailer Licensing Ordinance and, in response to pushback from local retailers, asked staff to make a few adjustments to the ordinance that would allow for a tobacco retail license to be transferred upon the sale of the business. The board will consider the proposed changes at a future meeting.

Under the city’s ordinance, “A tobacco retailer’s license is nontransferable and is valid only for the person and location of license issued, and unless it is suspended or revoked for cause, for the period indicated.” However, staff added a couple of lines to Section 123-8, which covers the Issuance and Renewal of a License, that notes, “If the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer.”

Slattery said staff also added a line to the ordinance that prohibits tobacco retailers from operating within 600 feet of a school.

During public comment, the previous commenter, known only as Paul, said he was at Tuesday’s board meeting and was among the ranks of business owners asking the county to reconsider its rules for license transfers.

“These [businesses are our livelihoods,” he said. “We’re not here to champion the cause of tobacco or promote smoking, but it still is a large part of the convenience store business. … Enforcement is necessary and [is] the more natural way to weed out any of the people that are causing problems in the community. … If a business has been there for 60 years … and they’re following the rules, there should be some way that they’re allowed to continue doing their business.”

After public comment, Councilmember Bauer made a motion to approve the ordinance. Councilmember Fernandez offered a second, asking if Bauer would be willing to add an amendment to prohibit retailers from operating within 600 feet of a community center. He agreed.

The motion passed in a 5-0 vote.

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