OBITUARY: Kimberly Kramer, 1962-2023

LoCO Staff / Wednesday, Aug. 23, 2023 @ 10:21 a.m. / Obits

Kimberly Kramer, a devoted mother, loving wife, and loyal community member, passed away peacefully at her home on Wednesday, August 23 at 9:35 a.m. She was surrounded by her mother, three children, and husband of 37 years.

Kim was a local girl through and through – with a rich Italian heritage and Hungarian roots. Born in Eureka on December 20, 1962, to her beloved mother, Lorene “Renie” Luster, she attended Worthington Elementary, Zane Junior High, and graduated from Eureka High School in 1981. Kim spent her formative years active in the community, embarking on a newspaper route at age 5 and working at Globe Imports and Redwood Motors in her teenage years. During childhood, Kim’s active involvement in 4-H led to awards for her sewing and baking skills.

Kim met the love of her life and, according to her, the “cutest boy in the 7th grade,” Kurt G. Kramer, while attending Zane in 1976, and they would spend the next 47 years together. The couple were crowned Eureka High Senior Prom King and Queen in the spring of 1981.

After she attended College of the Redwoods and Sacramento State University for college, Kurt convinced Kim to move back to Eureka to purchase and operate Le Croissant Bakery in Henderson Center, and thus began their many years of business ventures.

Kim and Kurt were married on October 18, 1986, at St. Bernard’s Church in Eureka. The couple spent the following years building a life together - working hand in hand for 4 decades building Kramer Investment Corporation, and raising their 3 daughters: Kate, Laura, and Megan.

Kim and Kurt loved to travel and explore. They split their time between Trinity Lake in the summers and Rancho Mirage in the winters, and loved going to places from Italy to Hawaii and everywhere in between. Most recently they found a lot of joy traveling the country in the RV customized for all Kim’s needs. Whether it was reuniting with family, childhood friends, John Hill Road Crew, Pinky Chicks, Thunderbird Family, or fostering connections with countless other friends along the way, each encounter were cherished memories.

As we mourn Kim’s passing, we celebrate the beautiful life she lived, and her resilient, positivity and fighting spirit. Her generosity, kindness, and unwavering love will forever remain in the hearts of her family and friends and have a lasting impact on her beloved community.

Kim is survived by her mother, Lorene Luster; her husband, Kurt Kramer; and her daughters and their spouses: Kathleen & Brett Arendt, Laura & Travis Green, and Megan & Jairo Salas. She also leaves behind five, soon to be six, grandsons, who she doted on for the last seven years: Hudson Arendt (7), Noah Arendt (5), Aiden Green (3), Ryder Arendt (2), Brooks Green (1), and baby boy Salas due in November.

A celebration of her life will be held on Sunday, August 27, 2023, at 2 p.m. at Baywood Golf and Country Club. In remembrance of Kim and in lieu of flowers, the family asks that donations be made in Kim’s name to Tisch MS Research Center of New York (www.tischms.org), which is working toward finding a cure for MS under the leadership of Kim’s doctor, Dr. Saud Sadiq or to the National Multiple Sclerosis Society (nationalmssociety.org). For a local option, please consider the Betty Kwan Chinn Foundation.

###

The obituary above was submitted on behalf of Kim Kramer’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.


MORE →


Fortuna Resident Arrested For Possession, Transportation of Fentanyl and Meth After Trip to Sacramento, Drug Task Force Says

LoCO Staff / Wednesday, Aug. 23, 2023 @ 10:10 a.m. / Crime

Press release from the Humboldt County Drug Task Force:

On August 19th, 2023, Humboldt County Drug Task Force (HCDTF) Agents with assistance from the Fortuna Police Department (FoPD) served a search warrant on David Scott FOURNIER (58 years old from Fortuna). HCDTF Agents observed FOURNIER travel from Humboldt County to Sacramento, California. Upon FOURNIER’S return to Humboldt County, Agents conducted a traffic stop on his vehicle. FoPD Officer Moore and his K9 partner Blitz conducted an open-air sniff on the vehicle. K9 Blitz alerted to the vehicle indicating drugs were present.

Inside the vehicle Agents located FOURNIER, 1.5 pounds of methamphetamine, 55 grams of Fentanyl, and one functioning digital scale.

David Scott FOURNIER was transported to the Humboldt County Correctional Facility where he was booked on the following charges:

  • HS11351- Possession of Fentanyl for Purposes of Sales
  • HS11352(A)- Transportation of Fentanyl for Purposes of Sales
  • HS1152(B)- Transportation of Fentanyl Through Noncontiguous Counties
  • HS11378- Possession of Methamphetamine for Purposes of Sales
  • HS11379(A)- Transportation of Methamphetamine for Purposes of Sales
  • HS11379(B)- Transportation of Methamphetamine Through Noncontiguous Counties

Anyone with information related to this investigation or other narcotics related crimes is encouraged to call the Humboldt County Drug Task Force at 707-267-9976.



California Boards Want to Keep Pandemic Rules for Public Meetings. Critics Call It Bad for Democracy

Sameea Kamal / Wednesday, Aug. 23, 2023 @ 7 a.m. / Sacramento

The California Air Resources Board meets at the California Environmental Protection Agency building in Sacramento on June 23, 2022. Photo by Rahul Lal, CalMatters.


For a July meeting, the Little Hoover Commission — an independent state oversight agency — posted notice that the public could attend in Sacramento, but also in Traverse City, Mich., or Southampton, N.Y.

Why the locations scattered across the country? Because some commissioners were taking part in the discussion on aging while on vacation, but California’s open meetings law requires in-person access to members of state bodies during public meetings, wherever they are.

The odd setup is a reflection of a post-pandemic world: While COVID-19 public health rules have relaxed around in-person gatherings, remote work continues, even in state government. And as of July 1, some of the in-person requirements suspended during the pandemic are back in place — including disclosing remote meeting locations and making them accessible to the public.

Enter Senate Bill 544, sponsored by the California Commission on Aging, which seeks to reinstate some of those exemptions until Jan. 1, 2026. The bill — the latest of several in the last few years seeking to ease open meeting rules — passed the Senate in May, and is awaiting an Assembly appropriations committee hearing.

“While the executive order was in place during COVID about public meetings, costs went down 90%. Participation went up from vulnerable populations, and people were able to participate remotely in hearings the way they hadn’t before, and it was trying to continue those benefits,” said state Sen. John Laird, the bill’s author and a Democrat from Santa Cruz.

The bill seeks to remove requirements to post all teleconference locations, post agendas at each location and make those locations accessible to the public. Instead, boards would only be required to post the physical address for one site, and only one board member or staff member would have to be physically present at that site.

But the bill’s opponents — a rare coalition of good government, press, taxpayer and industry groups — say Californians should be able to address their government officials in person.

“We really believe that having the opportunity to have that face-to- face interaction … is a really core belief for the democratic institutions,” said Laurel Brodzinsky, legislative director for California Common Cause.

Opponents also raise concerns that state boards could save the controversial topics for remote-only meetings, where the public may have less opportunity to weigh in.

“We see this all the time here [in Sacramento] — there is a huge line of members of the public for controversial bills choosing to participate,” said Brittney Barsotti, general counsel for the California News Publishers Association, which opposes the bill unless it’s amended further. “And while it might be disruptive for those of us that work in the Capitol every day, like, that’s the point, right? It’s the ability to organize and have your voice heard, instead of being in an empty room with one poor staffer and a speaker.”

In a concession to those concerns, the bill was amended last week to require that a majority of the members of a board be at the same location for at least half of its meetings.

Ethan Rarick, executive director of the Little Hoover Commission, said it supports the bill based on its own positive experience with remote meetings, but also on its June 2021 report on online meetings, which showed that more than half of the 46 state boards surveyed reported greater attendance by members.

Rarick noted that the Bagley-Keene Act — the law that governs open meetings for state boards and commissions — doesn’t require meetings be livestreamed, which would become a mandate under Laird’s bill.

“The more important point for our commission was that it can also increase the kind of people who are able to serve, and thus kind of increase the diversity and representation,” Rarick said.

Barsotti doesn’t buy that justification from the state boards: “They’re not simply expanding access for the public virtually. What they’re doing is trading it off.”

Charting the new normal

The Bagley-Keene Open Meeting Act, passed in 1967, says: “The people of this state do not yield their sovereignty to the agencies which serve them … The people insist on remaining informed so that they may retain control over the instruments they have created.”

Staying informed means a state body — any multi-member body that is created by statute or required by law to conduct meetings — is required to post public notices about when they’re meeting, prepare agendas and accept public testimony.

But balancing openness with efficiency can be frustrating, according to the state itself.

A handbook by the Attorney General’s office, updated in 2004, notes that the “unnatural communication patterns brought about by compliance with its rules” is an intentional choice to ensure the public has a seat at the table. “Simply put, some efficiency is sacrificed for the benefits of greater public participation in government,” the handbook says.

But Laird said the state learned a lot during the pandemic on ways to increase public participation while protecting people’s health.

“While it’s very important to have a majority of people there in person, we’ve been given some options that increase participation and protect people,” he told CalMatters on Tuesday. “ And we should leverage those into a public process that really allows people to participate and has a majority of people there all the time in person.”

California Rehabilitation Oversight board members listen to speakers during a meeting at Sacramento State University in Sacramento on Jan. 26, 2023. Photo by Rahul Lal, CalMatters

Still, some of the bill’s provisions remain to be worked out, such as no longer requiring disclosure and access to some remote locations, specifically private homes. Supporters argue that change is necessary to protect the privacy and safety of state board members, particularly those in “vulnerable groups” who may be targeted for “harm or harassment,” according to the bill analysis.

Brodzinsky of California Common Cause said she understands the privacy concerns, but aside from emergencies or health issues, doesn’t think it’s appropriate for members who choose to serve on boards and are accountable to the public to participate in meetings from home.

“Folks have gotten a little bit too comfortable with that, and saying, ‘Oh, this is really convenient, this is easy,’ and are losing the benefits to the public of being able to meet in person,” she said.

Common Cause, as well as the California Newspaper Publishers Association, also raised concerns that current language only requires an audio option, and not video.

It’s not just the expected opponents who are raising concerns.

In a July opposition letter, the Glass Packaging Institute, the California Manufacturers and Technology Association, the American Chemistry Council, the California Association of Winegrape Growers and the American Composites Manufacturers Association wrote that remote participation eliminates eye contact, discourages debate, and stifles pre- and post-meeting discussions.

“The elected and appointed members of government boards and commissions are making consequential decisions that quite literally affect the life, liberty, and property of business and individuals,” the groups wrote. “Those decisions should be made face-to-face, in full view of the public, media, and affected parties. It simply is not enough to sit in front of a computer screen at home or other undisclosed remote location while making such important decisions.”

Laird said he heard the concerns from last week’s hearing “loudly and clearly,” and is considering amendments, such as on-camera participation and quorum requirements.

“I believe this bill is a work in progress still,” he said. “We’re talking to all the stakeholders to decide what precisely those amendments will look like, but they will move the bill toward where the concerns for that are expressed.”

And while the Legislature is scheduled to adjourn Sept. 14, the senator still hopes to get it passed this session due to what he calls the ongoing need to allow people with disabilities or those with trouble traveling to serve on commissions or boards.

“We are still in the middle of COVID. And so I think that we still have to figure out a way that people that are compromised have a way to participate, and that is something that can’t be put off ’til next year,” he said.

A concerning trend?

Common Cause says its concern isn’t just with this bill, but with a “dangerous trend” of legislation the last two years that seeks to roll back public access.

Last year, a similar bill by former Assemblymember Bill Quirk that would have allowed meetings to be held entirely by teleconference died in committee. But Assembly Bill 2449 passed, extending until 2026 pandemic-era exemptions to teleconferencing rules for local governments.

This year, at least three other bills have been proposed that would allow local agencies, advisory bodies and community college student groups to expand their use of teleconferencing meetings.

And it’s not just public meetings. Several pandemic-era practices are being carried over by state agencies and the Legislature that limit opportunities for the press to ask questions, such as fewer press conferences, written statements instead of interviews, or the shutdown of media phone lines where journalists could talk to a live staffer.

“Some of these bills are trying to present themselves as narrowly tailored and for really specific solutions,” Brodzinsky said. “But when you start looking at it as a trend comprehensively, it’s really concerning that this is going to be kind of the camel’s nose under the tent, to just rolling back all of these long-standing democracy protections.”

###

CalMatters newsletter writer Lynn La contributed to this story. CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.



OBITUARY: Donald Eugene Brenard, 1956-2023

LoCO Staff / Wednesday, Aug. 23, 2023 @ 6:56 a.m. / Obits

Donald Eugene Brenard, 66, of Loleta passed away on Saturday, August 19, 2023 surrounded by his family and friends.

Donald, fondly known as Sparky, was born to Donald Smith Brenard and Lois Joyce Rupert on October 7, 1956 in Trinity County. His nickname Sparky came from his birth being directed over the radio at a lumber camp. He grew up splitting his time between Stewart, Carson City, Nevada and travelling the country with his dad, stepmom, brothers, and sister, and his beloved Husky “Shaggy”. Growing up in the wilds of Idaho and Oregon, Sparky taught his younger brothers to read and write and led many an adventure in the wilds of the northern timberlands, including teaching his brothers to play “Red Rumpus,” a game where the boys took turns slapping the red painted backside of grizzly bear cubs in Yellowstone.

Sparky is survived by his former partner, Elayne Andrew, 4 beautiful daughters, Krystal Dawn Brenard, Mariah Spotted Elk, Savannah Brenard, and Stormy Brenard. He is also survived by his sister, Rhonda Gates, and his brothers, George “Hank” Brenard, Barry Lee Brenard, and Jon Anthony Zimmerman, Sr., along with his nephews Lloyd, Alex, and William Brenard, Orlando Cervantes, Jon Jr., James, Joe, and Jerrad Zimmerman, Kenny Thomas Jr., Michael Cain, and Alex Nicon Smith, and his nieces Kendra Thomas, Hope Fuentes, Heather Nielsen, and Danielle Stansbury.

Sparky left behind his most precious treasures, his beloved grandchildren, Maddox, Jo, Mari, Layne (Bubs), Aaniyah (Boo Boo), Eagle Ann (Sissy), Jayden (Bank), Honey, Redtail, and Sequoya (Koya), Lovell, Lewis, Lyra, Orion, and all of the children of the Bear River Community that he loved so dearly.

Sparky was loved and cherished by the entire Bear River Band, for whom he was a spiritual mentor, counselor, advocate, and guiding light. Sparky is survived by numerous dear friends and family, including his Closest friends, his sister in law Joy Brenard, Carol Perry, Dawnetta Carpenter, Tina Carpenter, Jimmy Steuckle, James Newsom, Ilene Cantrell, Otis Bruce, and Valerie Robinson. Sparky was cared for until the end by his family, including his cousins Derek Bowman, April Florio, Alexis Bowman, Josefina Frank, Nachel Mell, Andy Ashley, Cassandra Curr, Jeff and Crystal Bowman, and Steven Martinez.

Sparky was preceded in death by his parents, and his brothers clay “Bo” Brenard, Lloyd “Rick” Brenard, and Bruce “Lobo” Smith, and by his grandson Damien Pierce Joseph.

Aside from his love for his family, Sparky was passionate about passing on his culture and traditions. Sparky was one of the last full blood members of his Tribe. He was always first to offer support or volunteer to help anyone. From leading sweats and feeding the homeless to just sitting through the night with a troubled soul, Sparky never stopped caring for others. Sparky positively impacted the community every day and he will be truly missed.

Sparky’s family will host a viewing at his home in Loleta on Thursday August 24, from 2 p.m. until 6 p.m. A community remembrance will be held at 269 Brenard Road on Saturday August 26, from 2 until 4 p.m. and everyone is welcome to come sober and place a piece of wood on Sparky’s ceremonial fire to honor him.

The family will inter Sparky’s ashes privately at a later date in accordance with his wishes.

###

The obituary above was submitted on behalf of Don Brenard’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.



OBITUARY: Albert R. Giddis, 1931-2023

LoCO Staff / Wednesday, Aug. 23, 2023 @ 6:56 a.m. / Comedy

Mr. Albert R. Giddis, 92 years old, and resident of McKinleyville for the past 16 years, died on August 19, 2023. Preferring to be called Al, he is survived by his two sons Robert and Jon, three grandchildren, and three great-grandchildren. His wife Jackie passed away in 2016. In accordance with his wishes, he will be cremated with his ashes scattered by family members over the ocean.

A graduate of Harvard in 1952, Al spent two years as a draftee in the U.S. Army Signal Corps working on radio and radar equipment, married his wife Jackie, then moved to the West Coast, the land of promise, to begin a 39-year career in the electronics business. He soon became an energetic part of the new space age with its developing communications technology and evolving satellite systems. In later years, he was fond of saying that he “was proud to have been at the beginning” of that new world.

Upon retiring from the business, he gravitated toward tutoring math in schools and at learning centers wherever he and Jackie lived. Finally settling down in Humboldt County, he joined the staff of Six Rivers Charter High School in Arcata as a math aide and later expanded his duties to include chemistry. It was the joy of his life — delighted by the intellectual and emotional growth of students, and hoping that he had helped some along the way.

A memorial for Al will be held outside on the beach- Saturday, August 26, 2023, at Moonstone Beach from 6 p.m.-8:30 p.m. All are welcome. Bring a story about Al, a beach towel, chair and join us at sunset to say goodbye to a dear friend.

###

The obituary above was submitted on behalf of Albert Giddis’ loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.



OBITUARY: Gary Duane Nelson, 1937-2023

LoCO Staff / Wednesday, Aug. 23, 2023 @ 6:56 a.m. / Obits

Our beloved long-winded Uncle Gary has passed. Known best for always being there if you needed a lawn mowed or a conspiracy theory to explain the white streaks coming from the planes above. 

As a youngster, Gary was part of the Nelson boys, delivering newspapers all across Fortuna in the late 1940’s. They even enlisted their little sister during crunch time.

Gary was proud to serve in the U.S. Marine Corps as a young man and traveled far and wide in the early 1960s, including Guantánamo Bay. He was an expert marksman. But once his tour was over, he came back home and rarely left Humboldt County. Gary used to take pictures for the newspaper and for fun, but somewhere along the way he got lost in a field and preferred to cut the vines and till the soil. He seemed at peace with his solitary life, but would talk with you for hours if you let him. 

While Gary was not a father himself, he did fatherly things for his nephews. His cherished red GTO was coveted by his young nephews, who never got to drive it. He could also fix anything, and would read up if he didnt know how. And for some reason, he always had a crisp $100 bill for you if you hadn’t visited in a while.

He is survived by his sister Pat and brother George, his three nephews, a niece, and numerous great nieces and nephews. He will forever stay in our hearts. Everyone knows, once he moved in, he would never leave. He will be missed. Gary Duane Nelson died on July 21, 2023, in Eureka. He was 85 years old.

###

The obituary above was submitted on behalf of Gary Nelson’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.



(UPDATED) Board of Supervisors Chair Steve Madrone Cut Off a Public Commenter for Using ‘Hate Speech.’ Is That Legal?

Ryan Burns / Tuesday, Aug. 22, 2023 @ 5:45 p.m. / Local Government

UPDATE, Aug. 23, 5 p.m.:

In response to an Outpost question asking which specific comments County Administrative Officer Elishia Hayes interpreted as a violent threat, the county issued the following statement, attributed to Hayes:

Again, I will not repeat his specific comments, but your story yesterday made the same connection we made to potential violence. And judging by the reaction and clear change in peoples’ behavior in the crowd when the comments turned to shooting people, it appeared that others in the chamber made that connection as well. I will also say that the term “hate speech” was used yesterday to reference the statements that were perceived to potentially elicit a violent response towards others, and particularly towards vulnerable populations.

###

Frequent public commenter Charles Wilson speaking last month at a Eureka City Council meeting, during which he argued (facetiously, we hope) that because the county flew a Pride flag outside the county courthouse in June, it should also fly this flag of his own choosing. | Screenshot.



###

A public commenter made some outrageous and bigoted comments during Tuesday’s meeting of the Humboldt County Board of Supervisors, comments that were offensive enough to earn a rebuke from Chair and Fifth District Supervisor Steve Madrone and, shortly thereafter, an all-staff email from the county administrative officer.

“Charles, this is — this is crossing over into hate speech, and it’s inappropriate and not allowed,” Madrone said, cutting the man off before he’d used his allotted three minutes of speaking time. 

The man speaking (via Zoom) was Charles Wilson, an eccentric old man who, with his wife, Genevieve, spouted bizarre anti-vax conspiracy theories at local public meetings throughout the COVID-19 pandemic and who has since pivoted to expressing anti-transgender sentiments.

We won’t reproduce his full comments here, but suffice to say he referred to the LGBTQ+ community as “the alphabet people” and alleged that by flying the Pride flag outside the courthouse in June, the county was expressing support for “child mutilation and the elimination of women’s right to privacy and security.”

Wilson also referred to a flag design that he takes to weekly protests outside the county courthouse. (He recently displayed it for the camera at a Eureka City Council meeting, as seen in the photo above.)

Madrone later addressed his reasoning for cutting Wilson off mid-speech, speaking generally to meeting attendees and online viewers:

And just to be clear, when you cross over into hate speech against individuals or groups, that is simply not allowed. Yes, freedom of speech is a wonderful thing, but it requires respect of each other and not making personal attacks against individuals or groups that cross over into the hate speech category. So that is why I stopped the commenter.

According to David Loy, legal director for the nonprofit First Amendment Coalition, Madrone’s interpretation of free speech is flawed.

“There is no so-called ‘hate speech’ exception to the First Amendment,” Loy said when reached by phone this afternoon. “The First Amendment does not allow the government to silence or censor speech, certainly, because of its viewpoint, even if some people might find that speech hateful.”

That’s not to condone the comments Wilson made, Loy said. He explained that Madrone would have been well within his own free speech rights to express strong disagreement with Wilson’s remarks, or to say the county does not approve of such discrimination.

“But the First Amendment does not allow the government — or the presiding member of the board — to cut someone off and deprive them of their time at the podium simply because they don’t like what the person is saying or disagree with it or find it hateful,” Loy said. “It may be hateful, but that’s not an exception to the First Amendment.”

There is ample case law underpinning that principle, Loy said, pointing to the Supreme Court’s decision upholding of citizens’ right to burn the American flag and the Westboro Baptist Church’s right to host hate-spewing anti-gay demonstrations at military and other high-profile funerals. 

Addressing a similar incident at a recent Shasta County Board of Supervisors meeting — where a county resident deployed the n-word — Loy told news website Shasta Scout that before removing someone from a public meeting, a board chair must first warn the individual and give them an opportunity to stop disrupting the meeting. 

During the lunch break for today’s Board of Supervisors meeting, County Administrative Officer Elishia Hayes issued an all-staff email addressing this morning’s incident. 

“At the Board of Supervisor’s [sic] meeting today a public commenter was evoking [sic] their 1st Amendment right, and it went too far,” Hayes wrote. “The comments made crossed the line into hate speech, and Chair Madrone was immediately asked to cut the commenter off.” 

Hayes went on to say that she wanted to recognize the impacts that such speech has on county staff and the community. She referenced the county’s ongoing efforts to advance Diversity, Equity and Inclusion work, led by Human Resources Director Zachary O’Hanen and Project Manager Jeremy Clark.

“I assure you that as long as we remain in these roles, we will not allow issues such as these to go unnoticed,” Hayes wrote. “We will continue to shine a light on harmful behaviors and will do everything we can to make sure that all county employees can come to work as their true and authentic selves.”

Such comments fall within Hayes’s own rights to free speech, just as the raising the Pride flag outside county buildings represents a protected expression of the county’s own viewpoint, according to Loy. 

“If the chair or the board disagree with what someone is saying or wish to disavow or condemn it, they’re free to do so once that person’s time at the podium is done,” Loy said.

However, Hayes’s all-staff email went on to say this:

“I hope members of our community realize that hate speech will not be tolerated in future meetings … .”

That, Loy reiterated, is going too far. 

“Again, this is not to approve or disapprove of any particular viewpoint,” he said, “but from a First Amendment standpoint, members of the public have their free speech right to state their viewpoint. And that viewpoint may be hateful to some — or many.”

Not all speech is allowed, of course. The American Library Association, which addresses censorship matters, notes on its website that while there’s no legal definition of “hate speech,” some comments do cross a line:

“Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group.” Evidently, Hayes believes Wilson’s comments crossed that line.

In response to emailed questions, she sent a statement saying that Wilson’s comments were cut off after she (Hayes) perceived a threat of violence. 

“[T]he commenter talked favorably about being able to shoot people who were disliked by the majority, and taken in context with the other comments he made, I perceived that to be a statement that could elicit a violent response towards certain populations within our own community … ,” Hayes wrote.

She appears to be referring, there, to the tail end of Wilson’s rambling comments, which bordered on incoherent. Before being cut off by Madrone, Wilson said this (or something very close to it): “Women have the right to not have a penis in the shower, and when I volunteered for the Army, I was told by the government that I had to shoot people that the government didn’t like.”

Is that what Hayes viewed as a threat? We don’t know for sure. Her emailed statement arrived at 5 p.m., the end of business hours for the county. We sent a reply asking exactly which portion of Wilson’s comments she viewed as a violent threat. We’ll update this post when we hear back.

In the meantime, here’s her full statement:

The Board of Supervisors values the Constitution and a person’s First Amendment Right to free speech. The Board also is required to conduct an orderly meeting, and the Board Chair is responsible for ensuring that a person’s right to speak do not infringe on the rights and the protections of others. While all members of our community have the right to free speech, it does have a very real impact on residents and staff, particularly when it veers into discussions of violence. At no point should threats of physical violence ever enter the arena of discussions around public policy, even during public comment. It was important to recognize that. 

Mr. Wilson’s comments were limited pursuant to Gov Code Section 54957.95, the Rules of the Humboldt Board of Supervisors, and the Board’s Meeting Disruption Response Guidelines. 

I will not repeat his full statement, but the commenter talked favorably about being able to shoot people who were disliked by the majority, and taken in context with the other comments he made I perceived that to be a statement that could elicit a violent response towards certain populations within our own community, and at that point I recommended the public comment be halted. In the future, public commenters will be warned prior to having their comment period limited in such fashion.

The county supports the right to free speech, and at the same time it will steadfastly support ensuring that residents are safe. Safe to be their authentic selves – in Board Chambers, in the workplace and in our community.

###

UPDATE, Aug. 23, 11 a.m.:

Here is video from yesterday’s meeting, cued up to Charles Wilson’s comments, which start at the 45:22 mark: