A bipartisan bill that would have required Californians to prove they’re adults to visit pornographic websites has died in the Senate amid concerns of potentially high costs and infringements of First Amendment rights.

Under Assembly Bill 3080, California would have joined several other states, most with conservative legislatures, that recently passed similar laws requiring some form of age verification to access online pornography.

In July, the U.S. Supreme Court agreed to hear the adult entertainment industry’s challenge to a similar law Texas enacted last year.

Despite the legal uncertainties and the prospect of liberal California aligning itself with conservative states on porn policy, the bill, by Modesto Republican Juan Alanis, had two Democratic coauthors, Sen. Susan Rubio of West Covina and Assemblymember Pilar Schiavo of Santa Clarita Valley.

It coasted through the Assembly without a single member of either party voting “no,” according to the Digital Democracy database. It passed the Senate’s Judiciary Committee unanimously in early July.

But last week, the bill did not make it out of the Senate Appropriations Committee, where it was held in what’s known as “the suspense file,” along with dozens of other controversial or costly bills.

Alanis, a former crimes-against-children detective, wasn’t happy.“This bill deserved a vote from the full Senate,” he said in a statement. “Once again, Sacramento lobbyists convinced a very few, select, powerful elected members of the Senate Appropriations Committee to make a decision to stand with those who have no problems with harming kids for greed. They should have made the courageous decision to join the overwhelming majority of my colleagues in the Legislature who would have voted to stand with our kids instead.”

The bill would have required porn websites take “reasonable steps” to ensure visitors are adults, such as having them enter a credit or debit card.

The committee’s analysis cited “potentially significant cost pressure to the state-funded trial court system” if regulators had to enforce the proposed rules. The committee noted California’s courts are facing millions of dollars in budget cuts as the state addresses a $30 billion deficit this year.

The bill also faced opposition from influential online privacy and civil liberties groups, including the Electronic Frontier Foundation and ACLU California Action. Opponents testified that the age verification requirement would violate the First Amendment and that the “more data collected, the greater the chance such data gets into the hands of bad actors.”

The Free Speech Coalition, a porn industry trade group, initially opposed the bill, but the coalition removed its opposition this summer as the bill was amended. Alison Boden, the coalition’s executive director, on Tuesday thanked Alanis for his willingness to address the porn industry’s concerns.

“We completely agree with the need to keep minors from accessing age-inappropriate content without unintentionally blocking millions of adult consumers,” Boden said in a statement. “We continue to believe this is possible and look forward to working with him and other members of the Assembly in future sessions.”

The bill’s analysis earlier this year noted that the initial measure was based on “model legislation” from the Center for Renewing America, a conservative activist group.

The organization’s website lists its motto as “For God. For Country. For Community.”

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

For nearly a century, California and other states forced Native American youth into boarding schools, aiming to erase their cultural practices while separating children from parents, placing them in a foster system that often left them without any ties to their communities.

It was only in the late 1970s that the federal government passed a law to protect families from separation, ensuring that child welfare agencies inquire about Native ancestry and work to keep tribes, relatives and communities together. Decades later, contested cases continue to appear regularly before California courts, where state protections are stronger than federal law.

The California Supreme Court on Monday reinforced those rules in a new decision, stressing that child welfare agencies must investigate whether children have Native American ancestry before placing them in foster care. It’s a decision that could strengthen tribes’ hand in disputes over separating families by compelling social workers to go a step further before removing a child.

Incidentally, the case turned on parents who do not claim to have any tribal affiliations or Native ancestry.

The Los Angeles Department of Children and Family Services in 2019 accused two children’s parents of substance abuse and domestic violence, eventually getting their custody terminated in court. Their mother, Angelica A., has not indicated in court documents that she is Native American, but she appealed the decision on the grounds that officials did not complete a proper inquiry into her children’s heritage. Her last name is not listed in the ruling.

By a 5-2 majority, the justices agreed with the mother, calling into question not just this family’s case, but nearly two dozen other cases involving child custody and California courts. They gave little weight to concerns over whether an additional review would make a difference in the actual placement of the children.

“The department’s inquiry extended no further than mother and father, both of whom have long standing issues with substance use disorder, even though their parents, siblings, and father’s cousin were readily available and had been interviewed by the department,” wrote Justice Kelli Evans in the majority opinion.

The justices reversed a juvenile court’s decision to terminate the parents rights’ on the condition that the agency conduct an “adequate inquiry, supported by record documentation.”

Shiara Davila-Morales, a spokesperson for the Los Angeles Department of Children and Family Services, said the department was unable to comment in time for publication.

Indian Child Welfare Act recently upheld

The issue of child custody and Native Americans has long been a point of painful history in the United States. In June 2023, the U.S. Supreme Court upheld the 1978 Indian Child Welfare Act, which regulates the removal and out-of-home placement of Native children. A July 2024 report from the U.S. Department of the Interior found that over 900 children died nationwide in forced boarding schools from 1819 to 1969.

In California, over half of Native American youth in California’s foster care system end up in non-relative and non-Native households, a number that has remained relatively steady in the past decade, according to state data analyzed by researchers at UC Berkeley. Tribes have long argued they have a necessary stake in ensuring the wellbeing of Native youth, and that social workers must make good-faith attempts to inquire about ancestry.

“Ironically, such (an) inquiry could take only a few days to complete — which is significantly faster than the nearly two years that this appeal was litigated,” wrote Michelle Castagne, executive director of the California Tribal Families Coalition, in a statement. “The court’s decision recognizes the vital role that tribes have in the lives of tribal children and families.”

Dissent emphasizes childrens’ ‘instability’

The two dissenting justices blasted the majority for taking a “formulaic approach” that “needlessly condemns these children and others like them to more uncertainty, more instability and more trauma.” The two children were taken into the care of their paternal grandparents, according to the ruling, who are ready to formally adopt them.

They wrote that the children would have been better off by resolving the case quickly.

“Nonetheless, because the department failed to ask additional family members about the children’s ancestry, my colleagues invoke a rule of automatic conditional reversal that is wholly inconsistent with the way in which California courts have assessed state law error for almost seven decades,” wrote Justice Joshua Groban in the dissent.

John L. Dodd, an attorney representing the mother, said those concerns are overblown. For far too long, he said social workers have been making inadequate inquiries about Native ancestry. It’s an often unintentional omission, he says, because investigators are juggling delicate family dynamics involving substance abuse or mental health.

Though the family he represented did not indicate having any Native ancestry, he said the case matters because it sends a message to child welfare agencies that they can’t ignore state and federal regulations.

“All the social worker has to do is ask three or four questions when the social worker is doing a report,” he told CalMatters. “So the parade of horribles that the dissent is concerned about is not going to occur, because now everybody knows that you can’t just risk it.”

The children at the center of the case are now 8 and 6 years old, according to the decision, and for the four years it has lasted they have been in their grandparent’s custody. California is home to around 350,000 Native American youth under 18, according to the First 5 Center for Children’s policy.

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CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

Sequoia Park Zoo release:

Sequoia Park Zoo is deeply saddened to announce the passing of Sumo, our beloved red panda.

Although not entirely unexpected due to his advanced age, it is no less heartbreaking for the staff, volunteers, and guests who loved and cared for him.

At 15 years old, Sumo far exceeded the typical wild lifespan of 8-10 years, and he was considered geriatric for a red panda. In fact, out of over 800 red pandas documented in human care, Sumo was in the top 4% for age - a testament to the exceptional care he received throughout his life at the Zoo.

In recent years, Sumo had been treated for common age-related concerns, including joint pain, dental issues, and loss of muscle tone in his hind legs. Animal care staff worked with Sumo to meet the changing needs of an older animal, which included modifications to the habitat, physical therapy, and medication for pain management. Last week, Sumo suffered a rapid decline in health and, despite the best efforts of his care team, veterinary staff were unable to stabilize him. A standard necropsy procedure will be conducted to determine the cause of death.

Sumo was born at the Denver Zoo in 2009 and arrived at Sequoia Park Zoo with his brother Shifu in 2010 to the delight of our community. As the first red pandas to call the Zoo home, Sumo and Shifu inspired an instant connection to animals and a love of red pandas in everyone who met them.

Red pandas are an endangered species supported by the AZA’s Species Survival Plan, and in 2013 it was determined that both brothers should start a family. This exciting news meant that Shifu was transferred to another zoo, while Sumo stayed in Eureka and Stella Luna moved to join him. Sumo and Stella Luna had two litters during their time together, increasing the red panda population by three beautiful daughters: Mohu, the eldest, followed by Masala and Cinni.

Sumo met many adoring red panda fans as an animal ambassador, and he was often eager to participate in special VIP encounters - especially when grapes were involved! Sumo was one of the most accomplished animal artists at the Zoo, and some guests may be lucky enough to have an original Red Panda Painting made by Sumo walking through paint and onto a canvas.

Sumo engaged with and educated thousands of guests during his time at Sequoia Park Zoo, and he helped share the story of red pandas and their need for conservation. We invite our guests to share a photo or memory as we celebrate the one-and-only Sumo - the original red panda resident at the Zoo.

PREVIOUSLY:

• Cinni, One of the Sequoia Park Zoo’s Much-Loved Red Pandas, Has Died

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In an effort to expand low-cost housing options and alleviate our region’s chronic homelessness, the Humboldt County Board of Supervisors today passed a package of ordinances that together will allow tiny home villages and emergency housing villages in certain residential and commercial zones.

The Tiny House Village Ordinance, which was developed by staff and fine-tuned over the course of three planning commission meetings, allows for groups of self-contained tiny homes, each with their own kitchen and bathroom facilities, as well as dependent unit villages, where three or more sleeping units share central kitchen and bathroom facilities.

A pair of ordinances — one for the inland areas and one for the coastal zone — create design standards and regulate such things as water/sewer connections, parking, pets (up to two cats/dogs per unit), bike lockers, power sources and more. Short-term rentals (like Airbnb) are not allowed, and power is allowed with grid connection, renewable power or generators, though Acevedo noted that there are noise and storage standards for the latter. Road access need to meet fire safety regulations for fire truck access.

These villages are intended for permanent residential use, and standards spelled out in the ordinance require privacy between units, common areas and, for the dependent unit villages, property management. The ordinance allows for up to 30 units per acre, with no minimum parcel size, and applicants could be allowed even more units with a density bonus. 

County planner Megan Acevedo, who delivered the staff report, showed a map of more than 700 qualifying parcels that fall within half a mile of a bus stop.

The Emergency Housing Village Ordinance — which also has inland and coastal zone versions — allows for “alternative lodge parks,” which require a use permit. The living quarters here — defined as hard-sided and -roofed structures with living space and possibly a bathroom but no kitchen — only need to meet basic California Building Code requirements, not the full Uniform Building Code. Allowable housing types include movable houses, tiny homes, mobile homes, RVs and trailers.

Such emergency villages will only be allowed while the county has an active shelter crisis declaration. (The current one has been in place since 2022.) Once the shelter crisis is declared over, these sites will need to be removed. The emergency villages, which must be connected to public water and sewer systems, are intended specifically for people experiencing homelessness, and they can only be operated by a government agency, religious institution or nonprofit.

After the staff presentation, Second District Supervisor Michelle Bushnell voiced concerns about tiny home villages and emergency shelter villages being allowed in downtown Garberville without a public review process.  She noted the struggling economy in SoHum and said, “If you create those housing opportunities in a community and then you have no commercial in that community … what are you creating?”

Planning and Building Director John Ford told her that state law already allows residential developments in commercial zones by right, and tiny home villages are intended to be an alternative permanent housing type.

Requiring public input to permit housing “can become a very painful process that actually discourages [applicants] from even beginning that process,” Ford said.

First District Supervisor Rex Bohn said he’s worried about the potential for massive tiny home developments to pop up in certain locations, such as the McKay Ranch subdivision on the outskirts of Eureka. 

“So could they actually build 1,200 tiny homes out there and set up a nonprofit?” he asked. 

Ford said that since some parcels in that development are zoned for multi-family residential, it’s conceivable that something like this could go there. 

Despite these concerns, the supervisors acknowledged the longstanding issues around homelessness and wound up approving the ordinances unanimously.

Homeless numbers decline a bit

The latest “Point-in-Time” count of people experiencing homelessness estimated that there were 1,573 such people in Humboldt County on the night of January 22, 2024. That’s a 4.4 percent decrease from the previous count, conducted in 2022, and a 7.6 decline from 2019, according to Robert Ward, the Humboldt Housing and Homelessness Coalition coordinator.

Of that latest total, 551 people were considered “chronically homeless,” with almost 80 percent of those being unsheltered, Ward said. Contrary to many stereotypes, only about 412 of the roughly 1,400 homeless adults reported having a significant mental illness, though Ward said that’s a lower standard than what the county uses to qualify people for mental health services. 

Four hundred eighty five of the adults reported a substance use disorder, and 95 percent of those folks were unsheltered.

Families with children saw a significant increase in the count, though Ward said that uptick was partly due the first-time inclusion of people in the CalWORKS temporary homeless assistance motel voucher program, the Humboldt domestic violence services shelter program and a new Hoopa tribal shelter.

“Those folks were there before, but we just didn’t have data in the past,” Ward said.

There was a large decline in the number of homeless veterans tallied, with just an estimated 87 in this year’s count. Ward said he doesn’t know why that is and couldn’t offer any theories. 

American Indian or indigenous folks accounted for 13.67 percent of the total tally, which is more than double that group’s share of the general population, according to Census data.

There are significantly fewer unsheltered people in Eureka and especially Southern Humboldt, while the number in Arcata climbed dramatically from previous counts.

Fifth District Supervisor Steve Madrone had some questions about the methodology, noting that the vast majority of people experiencing homelessness in McKinleyville are on private property, most of which is considered off limits to volunteer counters. 

Letter to San Francisco Mayor London Breed

Toward the end of the meeting, Connie Beck, director of the county’s Department of Health and Human services, presented a draft letter that her department recommended sending to San Francisco Mayor London Breed regarding that city’s new Journey Home program, which offers homeless people one-way tickets to other jurisdictions “without verifying access to housing, family support or employment,” according to the letter.

A recent story in the San Francisco Standard identified Humboldt County as one of the top three destinations for homeless people given bus tickets within California, though, as the Outpost reported yesterday, there have only been 25 such people (sent anywhere in California) since the program launched last September, and the number who’ve been sent here is so small that the San Francisco Human Services Agency said an exact number could be identifying.

Meanwhile, Humboldt County helps relocate “an average of nine people a month” through its own Transportation Assistance Program, according to DHHS spokesperson Christine Messinger.

Still, Beck and other county officials are concerned about an influx of more homeless people with tenuous ties to the community, and the letter urges Breed “to ensure that Journey Home participants have the support they need to obtain housing and employment before they receive transportation assistance to Humboldt County.”

Fourth District Supervisor Natalie Arroyo said she felt the letter was “a little bit of overkill” in expressing dismay about some people coming to Humboldt County and in submitting a formal request for more information under the California Public Records Act.

Third District Supervisor Mike Wilson also voiced concerns, saying he would have preferred if county staff reached out to employees in San Francisco to request more information on the policy before drafting a public letter.

“I kind of feel like it just misses a step,” he said of the letter.

But DHHS staff said San Francisco has made a “dramatic change in their policy” that could result in far more homeless people being sent here. Bohn agreed, saying the city has removed “90 percent of their criteria” for putting someone on a bus. He advocated for sending the letter.

“I don’t want to hurt San Francisco’s feelings, but on the other hand, I don’t care,” Bohn said.

Bushnell and Madrone both said they’re okay with the letter’s content, with Bushnell saying her constituents have expressed a lot of concern about the matter. Bohn suggested excising the Public Records Act request from the letter.

Bushnell made a motion to allow Beck and Bohn to rework the letter as discussed and then send it. Wilson seconded the motion, and it passed unanimously. 

PREVIOUSLY: 

• (VIDEO) One Taken to Hospital After an Explosion on a Boat in the Eureka Marina

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Humboldt Bay Fire press release: 

At 0859 hrs on August 20, 2024, Humboldt Bay Fire responded to a reported Boat Fire at 1 Marina Way at the Eureka Public Marina. Humboldt Bay Fire responded with one Ladder Truck, three Engines and one Chief Officer. The first arriving unit found black smoke coming from the boat. One occupant had been pulled from the fire prior to fire personnel arriving on scene. The occupant had minor injuries.

Fire Crews quickly went to work extinguishing the fire and treating the injured occupant. It was also noted that a dog had jumped from the vessel after the boats ignition and was not injured. The dog remained with Fish and Wildlife personnel until EPD animal control took over care. There were no further civilian injuries and no Firefighter injuries.

The boat sustained major damage and is considered a total loss with damages estimated at $20,000. The cause of the fire is under investigation.

A total of 13 Firefighters and one Volunteer Support unit responded to this incident. HBF would also like to thank the Eureka Police Department, City Ambulance, and Fish and Wildlife who also assisted in stabilizing the incident.

HBF was able to extinguish the fire in a manner that prevented the boat from sinking or causing fuel, oil, or other contaminates into the bay. Life and safety are operational priorities to us and we also place a heavy tactical priority on protecting the environment. Today’s response and mitigation was a good demonstration of those operational priorities. Humboldt Bay Fire reminds the community to call 9-1-1 immediately during any emergency, no matter the location.

A sad day for lovers of local newspapers. After years of facing not only the general decline of the industry worldwide, but also the collapse of the southern Humboldt economy in particular, the Garberville-based free weekly The Independent is closing its doors. Its last issue is on stands now.

Every publication, if it is successful, creates its own little world, which is a reflection in miniature of the world it serves. The Independent excelled at this. It usually led with a big, beautiful nature photograph of some place or creature in SoHum. Elsewhere on the front page were news reports from experienced, professional reporters like Daniel Mintz and Keith Easthouse. In the back pages — always the soul of any newspaper — you got various voices from the community, including most prominently that of Ray Oakes, the octogenarian whose column was the paper’s anchor for most of its run.

It will be missed. KMUD’s Lauren Schmitt had a nice talk with Joe Kirby, the Independent’s editor, on last night’s broadcast. “People are almost, just, kinda over it,” Kirby says of print journalism in general, which is the saddest and truest thing you’re likely to hear today.

Listen to the KMUD interview below.

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One person was taken away in an ambulance this morning with minor injuries following an explosion on a boat in the Eureka marina.

Several Humboldt Bay Fire engines responded to the scene around 9 a.m. A bystander pulled the injured person out of the boat, according to the Outpost’s Andrew Goff, on the scene. The person was stable and walking after the explosion.

A dog jumped out of the boat after the explosion and was taken into the custody of the California Department of Fish and Wildlife. The Outpost is very happy to report that, while the dog was spooked, it’ll be JUST FINE!

Here’s a photo of the cute pooch: