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It all started with a parking spot.

On a breezy afternoon in September 2017, Chris Langer couldn’t find one that would accommodate his van and the ramp he uses for his wheelchair behind a San Diego lobster shop.

What transpired next has been the subject of arguments before two federal courts and opened a wide door to more federal disability lawsuits in California, home to more of these lawsuits in the last litigious decade than any other state.

Four months after that fall day, Langer filed a disability access lawsuit in federal court against the lobster shop, a smoke shop in the same building and the building’s owners, Milan and Diana Kiser, claiming a violation of his rights.

Langer has filed more than 2,000 claims like those over the past decade or so. For the last two years, his case against the Kisers was headed to defeat, with a federal judge ruling against him and questioning his motivation.

But last month, Langer prevailed before a three-judge panel on the 9th U.S. Circuit Court of Appeals. Attorneys who argue federal disability cases say that victory, which itself is being appealed, could open the floodgates to more federal disability rights lawsuits after a brief slowdown last year.

If Langer wins the next round, attorneys who represent businesses sued in disability cases worry that the case would set a precedent for a broader claim of standing to sue among plaintiffs in California disabled access lawsuits.

Typically, these cases are settled — out of tens of thousands of federal disability rights lawsuits filed nationally, only a couple dozen have ever gone to trial, according to a review of federal appellate court decisions by Texas attorney Richard Hunt, who defends businesses sued for disability rights claims.

In most other states, any awards won in federal disability rights cases can only be used to pay legal fees.

“What my clients are doing is basic code enforcement, and that’s what California law specifically encourages.”
— Dennis Price, Chris Langer’s attorney

California law allows for extra compensation that can benefit plaintiffs in those cases. The Unruh Civil Rights Act provides an additional award to plaintiffs themselves, which begin at a minimum of $4,000.

And that’s a major reason why California has had more than 30,000 federal disability rights lawsuits in the last decade, far outpacing the rest of the country.

Langer declined to be interviewed, according to his attorney, who said people like Langer are forcing businesses to comply with a law they should already be following.

“There’s no three-letter agency that’s going around and enforcing these laws,” said Langer’s attorney, Dennis Price. “What my clients are doing is basic code enforcement, and that’s what California law specifically encourages.”

The Americans with Disabilities Act is one of a few federal laws that operate by turning their enforcement over to the people, with occasional interventions by the U.S. Department of Justice.

Among the courts, the academics who study this issue and the lawyers who argue the cases, there are three interpretations of the actions of Langer, who has acknowledged in court proceedings that he is a “serial litigator.”

In one, serial litigants are warriors for disability access, literally opening doors for other people by identifying obstacles and suing to fix them.

In the second, they are simply pawns of avaricious law firms who have created a cottage industry out of disability rights lawsuits. According to filings in a tax case, one serial litigant in Sacramento accumulated more than $1 million in settlements in 2014 alone. The firm representing him kept more than half of the money and he kept the rest.

“On the day he filed this lawsuit, he also filed six other lawsuits. Yet, (Langer) was unfamiliar with those suits as well as the businesses involved.”
— U.S. District Court Judge Roger Benitez

The third perspective, and one evidently held by the original judge deciding Langer’s case, is the least generous, handed down when Langer attempted to exclude his history as a serial litigator from trial. Several times in his April 5, 2021, opinion, U.S. District Court Judge Robert Benitez questioned Langer’s credibility.

“The court finds it doubtful that (Langer) would frequently travel to the property to purchase lobster, as he testified,” Benitez wrote. “This is bolstered by the fact (Langer) has filed previous lawsuits in which he admits he never intended to return to the premises.

“On the day he filed this lawsuit, he also filed six other lawsuits. Yet, (Langer) was unfamiliar with those suits as well as the businesses involved.”

Thousands of disability claims every year

The Americans with Disabilities Act was signed into law in 1990, but the volume of lawsuits picked up in 2013, according to Seyfarth Shaw, the law firm that tracks federal disability lawsuits. Since then, 33,100 claims were filed in federal courts in California. New York had 15,427 and Florida had 14,296 in the last decade. The next seven states barely topped 1,000 cases combined.

That initial ruling in the Langer case, coupled with high-profile moves by liberal district attorneys in San Francisco and Los Angeles against a firm known for representing serial filers appeared to chill the number of disability claims filed against California businesses last year, according to data collected by Seyfarth Shaw. Last year, 2,519 cases were filed in California.

In one of the most publicized California cases, an attorney who used a wheelchair filed 67 lawsuits against businesses in 2005 in the tiny San Diego County mountain town of Julian, home of the Apple Days Festival, alleging that he could not access them. The attorney was later disbarred, in part because he pleaded no contest to filing federal disability lawsuits on behalf of a disabled client who had no idea the cases had been filed.

But businesses in the town of Julian did indeed improve their disability access. In the words of a North County Times story from 2007: “wider doors, lower counters, repaved parking lots, more disabled parking and signs, signs, signs.”

The question in many of these cases comes down to the legal concept of “standing,” which asks whether the plaintiffs have actually suffered a consequence because of their disability, and whether they ever intended to return to the place where they encountered a problem. Benitez ruled that Langer did have standing, but his rights weren’t violated, in part because the parking spot in question wasn’t supposed to be publicly accessible.

On appeal — and this is the other big reason plaintiffs file so often in California — the standing claim was received much more warmly, as it has been in other disability cases filed in the 9th U.S. Circuit Court of Appeals. “The attempted use of past litigation to prevent a litigant from pursuing a valid claim in federal court warrants our most careful scrutiny,” the court, known as one of the country’s most liberal federal appeals courts, had written in a 2008 opinion cited in the Langer appellate decision.

Last month, Langer’s arguments won over two judges on a three-judge panel. They reversed the Benitez decision and found that the lobster shop’s penchant for letting customers park in the tenant space made it, effectively, a public lot.

“A business cannot offer parking to customers without disabilities while not offering that same benefit to customers with disabilities,” the two judges wrote. “That discrimination goes to the heart of the ADA.”

The Kisers have asked for a rehearing before all nine appellate court judges.

A service for disabled Californians

Serial filers are the targets of misdirected anger, said Evelyn Clark, a Washington, D.C., attorney who uses a wheelchair and authored a much-cited paper in law school on serial litigants.

“Something that’s really small for you that just looks like, oh it’s just one little step, could be a total barrier for someone like me trying to get in,” Clark said. “But nobody’s going to be 100% compliant with every tiny regulation under the ADA. So I can understand the frustration of business owners.

“But I’ve heard people in California talk about how they go out in a wheelchair and it’s almost kind of a reverse discrimination, where people just assume you’re there to sue them,” Clark said.

On the defense’s side, there’s another perception: that these lawsuits find the poorest store owners least able to defend themselves in a country where they may not speak the language or understand the legal system, with offers to settle that just so happen to be a little cheaper than mounting a defense.

Business owners on edge

Business owners with a direct interest in the Langer case are hoping the Kisers get a rehearing before the full appeals court. Late last month, they filed a friend-of-the-court brief arguing against the decision by the three-judge panel.

“Make no mistake, these ADA lawsuits are not about promoting the ideals of the ADA,” they wrote, “but rather, they are about the illegitimate transfer of wealth from historically marginalized communities and into the pockets of ADA plaintiff’s lawyers.”

It was a federal disability lawsuit that led Moji Saniefar, one of the authors of that brief, from white collar securities litigation to defending businesses from federal disability rights lawsuits. Like an action movie sequel, this time it was personal: A serial litigant sued Saniefar’s father’s restaurant.

Reza Saniefar was the owner of Zlfred’s, a well-loved Fresno cafe that closed during the coronavirus pandemic. An Iranian fleeing the revolution in 1979, Reza Saniefar operated a small, immigrant-run family business. Locals evidently miss his restaurant enough to post and share copycat recipes.

The cafe was named Zlfred’s because its former name was shared with another restaurant, called Alfred’s. When the other Alfred’s sued, Saniefar said, the previous owner simply stuck a Z where the A was. Thus, Zlfred’s.

The Saniefar family adopted the same defiant attitude when the restaurant was sued over disability access in 2014. Moji was their attorney. They won, and then went on the offensive, taking the law firm that represented the plaintiff to court, claiming they used fraud and deception to coerce small businesses into settling the cases.

The firm settled the case and shut down, but it wasn’t the only firm that represents serial litigants.

A much larger one, called Potter Handy, was accused by the liberal district attorneys in Los Angeles and San Francisco counties of “bombarding California’s small businesses with abusive boilerplate lawsuits,” and instructing serial litigants to pretend to have encountered barriers at a business they never visited. They further accused Potter Handy of having its client file fake disability claims that led to settlements.

“Each year Potter Handy uses ADA/Unruh lawsuits to shake down hundreds or even thousands of small businesses to pay it cash settlements, regardless of whether the businesses actually violate the ADA,” wrote Los Angeles County District Attorney George Gascon and former San Francisco City and County Attorney Chesa Boudin in an April 2022 state court filing.

They said the lawsuits not only threaten small businesses, but also “unfairly taint the reputation of other innocent disabled consumers.”

Potter Handy, which also does business as the Center for Disability Access, did not return calls seeking comment. Neither did Gascon. Boudin and Gascon wrote in their complaint that Potter Handy was particularly active in San Francisco’s Chinatown during the pandemic.

“Multiple Chinatown businesses were sued for allegedly having inaccessible outdoor dining tables during the early months of 2021,” they wrote, but “those businesses were open for takeout only during that time and had no dining tables at all — indoor or outdoor.”

Potter Handy responded in court that Boudin and Gascon were making the accusations for political reasons. San Francisco Superior Court Judge Curtis Karnow dismissed the case, and ruled that Potter Handy’s attorneys were covered by California’s “litigation privilege.”

A client who wanted to fight

In the Langer case, Moji Saniefar is representing a handful of Bay Area merchant associations, including the Chinatown Merchants United Association of San Francisco, who are panicked about the appellate court ruling in Langer’s favor.

“Serial ADA plaintiff’s lawyers recognize that the justice gap makes (small businesses) far more likely to settle cases quickly and without prolonged litigation,” according to the Feb. 16 friend-of -the-court brief.

Hunt, the Texas attorney who defends businesses in disability rights cases, said it’s unusual for his clients to take a case to court, much less all the way up to federal appeals court.

“You have to have a particularly angry, rich, stubborn client to not settle the case,” Hunt said. “I’m looking for angry, rich, stubborn clients. I would love to have some, but so far, when I tell my clients that they can get out of it by settling it for cheaper than the cost of defense, then they’re like, you know, let’s just settle it.”

The attorney for the Kisers, whom Langer is suing, said the Legislature needs to step in. He agrees that his clients may fit Hunt’s description.

“Mr Kiser’s perspective is, hey, we did nothing wrong and we don’t think we should have to pay this guy,” said Sam Henein, a San Diego lawyer. “He says if the judge tells me I did something wrong, I guess then I have to pay, but I don’t think I did.”

The solution, said Clark, the D.C. attorney, is to amend the ADA’s enforcement mechanism from its current iteration to a “notice and cure” standard, which would give businesses 60 or 90 days to fix the accessibility issue without money changing hands.

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

Michael Patrick Hanrahan
January 15, 1947 – March 1, 2023

If you have ever been regaled by a Michael Patrick Hanrahan (Grandpa Mike) story, joke, or memory, you are among the lucky. A gifted orator, whether it was a story you heard for the first or millionth time, he’d have you laughing none-the-less. Mike never met anyone who didn’t come away from the conversation wondering how “all of that” came from this small, feisty, solid man.

On March 1, 2023 Mike’s final story came to an end at 77 years old. After months of a hard fought battle trying to get his body to keep up with his witty, hysterical and brilliant mind he passed away quietly and painlessly with his daughter Leah by his side singing, “Take Me Home, Country Roads,” by John Denver.

Mike was raised in Eureka, a town he loved and to which he always returned. Mike lived in Eureka most of his life. He loved and took care of his mother, Mary Graham Filgas. His father, Mary’s first husband, Patrick Lloyd Hanrahan (Patricia Hanrahan), lived in New York and was not involved in Mike’s early years due to the distance. George Graham, Mike’s uncle, lovingly helped raise him, along with Mike’s Grandfather, until Mary married George Filgas when Mike was seven. Cathy and Jan Filgas were added to the family and Mike took the role of big brother very seriously. The girls were crazy about him. When George died unexpectedly at a young age, Mike assumed the very difficult role of caring for his family. He was only 22 and newly married but assumed the responsibility with great pride and care. Many happy summers were spent with them, as well as his cousins, at the family summer cabin that his grandfather built in Miranda.

Mike was a contractor by trade and if you ask his family and friends, he was the ultimate “tinkerer.” He will always be remembered as a hard worker who gave a hand up to many. He had so many projects going, he is probably the only one who knows where most of the “plans” are. If you know, you know.

Mike graduated from St. Bernard’s High School in 1964 where he got much of his material for his stories and jokes. He went on to the National Guard and then met his wife, Santa. Mike and Santa started HANCO Construction, then had their beloved daughter, Leah. Even though Mike and Santa divorced later, they remained friends and family through out the years. Mike later graduated from Humboldt State with a business degree and completed his first year of his MBA program.

Mike left his two daughters, Lisa Oleman (Kurt Oleman) and Leah Hanrahan-Gee (Kamara Gee) a legacy of a strong sense of family loyalty, laughter, hard work and wit. He showed both of his daughters unconditional love. Mike enjoyed traveling and spending time with them, with NASCAR trips being a favorite. The NASCAR crew knows who they are, and they held a special place in Mike’s heart, especially Billy “BK” Kadanka, his best friend.

His ultimate enjoyment came from being a part of his grandkid’s lives.

Ryan Nelson (Lisa’s son) and his wife Shannon (great grandkids Rose and Rowan) serve in the Navy and Mike could not be prouder of them. Mike served six years in the National Guard and always spoke about how his grandson serving in the military was an honor.

Jerome Gee (24), Ziamara Gee(17) and Amaya Gee (17), Leah and Kamara’s children, had the luxury of having Papi in their lives in Eureka and he filled it with laughter and devotion. He was known at various sporting events and had quite a colorful vocabulary, which tended to spark much laughter. When he was in the stands or at the field, you would know it by his ever-running commentary about how bad the officials were.

Jerome and Papi spent the last few months working on remodeling the “old family home” (it has housed four generations of the Graham family), and completing it was literally his dying wish. Jerome and Papi were an absolute comedy show whenever they were together, from cheating at UNO, to teasing the girls, to dating advice, to simple conversations about food and road trips, where they never admitted to how fast they drove.

Mike was a constant presence at any event big or small for his grandkids. He was able to attend the final senior nights for Ziamara and Amaya while also crashing his bonus granddaughter Trinity Preston’s senior night as well. He absolutely thought the sun and moon rose and set on his grandkids, and they felt the same about him. Ziamara was his princess and their silly looks to each other said it all. She could do no wrong in his eyes. Amaya and Papi always had an inside joke. Their dry wit made the two of them a force (and a lot of horse- power) of absolute hilarity. Papi was always in awe of Amaya’s dry wit as they were always trying to out do each other in that department.

Mike epitomized the phrase “he’d give you the shirt off his back.” His children and grandchildren witnessed numerous times this literally happened. Mike was a “Grandpa Mike” to many children throughout the county as he was very visible and involved in Leah and Kamara’s business supporting children in need.

The last few months and specifically the last few days would not have been possible to get through without Mike’s love, Helen Belloni. Helen brought so much joy to Mike’s life and their bond as soul mates was truly evident in the last days of his life. Thank you, Helen, for loving my dad and loving all of us along with him!

Mike is survived by:

His stepmother “mom”, Patricia Hanrahan.

His daughters and sons-in-law: Lisa Oleman (Kurt) and Leah Hanrahan-Gee (Kamara Gee)

His grandchildren: Ryan Nelson (Shannon), Jerome Gee, Ziamara Gee and Amaya Gee.

His great-grandchildren: Rose and Rowan Nelson

His siblings: Cathy Filgas (Shoaib Tareen), Jan Filgas and step brother Michael Welsch

His in-laws: Frank Perra (Caterina), Robert Perra (Anne), James Perra and Ovieda Elliott (Matthew)

Nieces and nephews: Bradley Brambani (great nieces and nephews Taylor, Kylee, Andrew and Nyexa Brambani), Cassandra Elliott (great niece Zoe Elliott), Sidra Tareen, Mikhiel Tareen

The Harris Family held such a special place in his heart; he thought of them as family. Jimmy, Erica, James Jr.,Kelly, Harleigh, Michael, Tiffany, Frederick, Caroline, Erica, Jennifer and Jack Harris. Know that he mentioned you all often and had a respect and love for you all; not all family has to be blood.

The family would like to thank: Shadie Aragon for always being available to check in on Grandpa Mike no matter what she had going on; she dropped everything to support him in whatever way he needed. She did this for years and always seemed to know what he needed and when.

The amazing staff at St. Joseph’s Acute Rehabilitation and the PCU crew at St. Josephs really did an amazing job of supporting Mike in his final days.

A wholehearted and gracious thank you to Natalia and Dr. Nelson from Palliative Care; the voices of reason to connect my mind and heart into accepting what dad wanted in his final days.

Mike requested a celebration of life to be held in his honor as opposed to traditional funeral services. Mike wanted food and stories and laughter. Please write down any stories to share with his family and friends. Knowing Mike, no stories are off limits as we gleefully never knew what was going to come out of his mouth. The celebration of life will be announced once the family home is ready for a party. In lieu of flowers or gifts, please donate to a veterans organization. He was passionate about homeless veterans deserving a safe home.

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

Ann Louise Diehl — sweetheart, wife, mother, grandmother and best friend — suffered a stroke on November 9, 2022, ultimately passing away peacefully at home on February 4, 2023.

Ann was born in Franklin, Penn. on December 6, 1946. Her parents, Reginald and Dorothy Cubbison, both teachers, instilled in her a sense of duty, purpose and respect for others. These she embodied all her life.

Besides mothering her two sons, Bret and Ross, and keeping her husband somewhat on track, she taught English for 20-plus years, most of it at Eureka Senior High School. While Ann was comfortable teaching advanced-level classes, she took particular pride in developing courses for those not college bound. This included her favorite, “Mystery Lit,” which hooked students on detective novels. She also made sure during these years to support all manner of students of whatever minority status.

After retiring from teaching about twelve years ago, Ann shifted her focus to civic causes. She served the League of Women Voters, the California Retired Teachers Association, Humboldt Sponsors, the Humboldt Children’s Author Festival, and the Morris Graves Museum of Art.

When not serving others, Ann loved to travel. With family or friends, Ann visited much of Europe, as well as Indonesia, China, India, Costa Rica, Peru, Egypt, and Kenya. Throughout, she made friends and raised the spirits of all whom she encountered.

Her husband of 51 years, Duke, her sons Bret and Ross, along with Bret’s wife Lynn and grandson Merrick, all mourn her loss, but are thankful to have had the privilege of her presence and love.

Ann is preceded in death by her parents, Reginald and Dorothy Cubbison, her brother William Cubbison and her sister Shirley Sweetapple. As per her wishes, we would like to thank Ayres Family Cremation for their services and professionalism.

Many kind caregivers treated Ann at Providence St. Joseph’s Hospital and Seaview Rehabilitation Center. She also received extensive care at home by Hospice of Humboldt, Visiting Angels and others. A special thank you goes to Jude Zyskowski, our kind friend and neighbor, who was always available to smooth the bumps.

A celebration of life is being planned for a later date.

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

HUMBOLDT TODAY: Our schizophrenic weather looks likely to stay in winter mode, if you can believe it. Plus, a fatal hit-and-run in Eureka results in arrest. And, yes, there are elections Tuesday! Find out if you should be voting on something and more stories in today’s newscast with John Kennedy O’Connor.

FURTHER READING: 

• ARCATA CITY COUNCIL: Study Session on Tuesday Night to Set Goals for the Next Fiscal Year
• SUPES PREVIEW: Cannabis Reform Initiative and North McKay Ranch Subdivision Headline a Packed Agenda
• Highway 101 Closed Just North of Willits Due to Snow, Jacknifed Big Rig
• Eureka Police Arrest Suspect in Yesterday Morning’s Fatal Hit-and-Run

HUMBOLDT TODAY can be viewed on LoCO’s homepage each night starting at 6 p.m.

Want to LISTEN to HUMBOLDT TODAY? Subscribe to the podcast version here.

Press release from PG&E:

After three months of higher-than-normal natural gas market prices driving up energy bills, Pacific Gas and Electric Company (PG&E) customers can expect, on average, a 75% decline in their March natural gas bills.

The decrease is due in part to PG&E distributing the state’s April Climate Credit one month earlier than in previous years. Even without the Climate Credit, March natural gas bills, on average, would decrease 40% because of a significant drop in the market prices PG&E pays to buy natural gas to serve its customers, and customers using less gas as colder temperatures moderate. The estimated decrease, which is for natural gas usage in March, is based on customers using 38 therms (a unit of energy) compared to 50 therms in February. Depending on billing cycle, customers may not receive statements for March usage until April.

PG&E does not control market prices, nor does it mark up the cost of gas and electricity that it purchases on behalf of its customers.

“We supported the California Public Utilities Commission’s decision to distribute the statewide Climate Credit earlier than previous years, and we’re grateful to pass on that savings to our customers. Even with this bill credit, we know that after three months of sustained high natural gas prices, some customers may have difficulty paying their bills, and we’re here to help with individualized customer support, including payment plans,” said Vincent Davis, PG&E Vice President, Customer Operations and Enablement.

The average residential non-CARE customer bill for natural gas service in March is projected to be about $37.00, which includes the gas Climate Credit of $52.78. In February, the average residential non-CARE customer bill was about $150.00.

Natural gas prices also affect the cost of electricity since many power plants use natural gas to generate electricity. Customers can expect, on average, a 37% decrease in March electric bills.

The average residential non-CARE customer bill for electric service in March is projected to be about $91.00, which includes the Climate Credit of $38.39. That’s compared to $145.00 in February.

PG&E Efforts Save Customers Over $1 Billion

In late January, California average daily prices for natural gas were five times higher than the U.S. benchmark, according to the United States Energy Information Administration. The higher Internal market prices between November and January were driven by market forces including increased natural gas demand due to colder than normal temperatures; increased demand for gas-fired electric generation due to less hydroelectric generation and fewer electric imports; lower Pacific regional natural gas storage inventory; and natural gas pipeline delivery constraints.

PG&E customer bills could have been even higher during this time. PG&E’s team that purchases natural gas on behalf of its customers was able to save customers well over $1 billion through a series of measures. Among these actions: maintaining a diversified natural gas portfolio that includes interstate pipeline access to three natural gas supply basins, using natural gas storage, which was full at the beginning of the winter, and using financial hedging to protect against rising winter prices.

In February, market wholesale prices were well below the January average. Customer natural gas rates for the month are generally set based on wholesale prices at the end of the previous month.

Customer Support

While March bills are expected to drop, some customers still may have difficulty paying bills from the sustained higher prices this winter. PG&E offers individualized solutions and other ways to save:

• Customers who need more time to pay can extend their due date or make a payment arrangement through their online account at pge.com.
  
• PG&E offers many financial assistance programs that can help customers lower their monthly bills.
• In addition to the statewide Climate Credit, approximately 300,000 customers who experienced financial hardships during the pandemic also received a one-time automatic bill credit under the California Arrearage Payment Program.
• Customers who participated in the Power Saver Rewards Program last year and reduced energy use on event days may receive a bill credit on their February or March energy statement, depending on billing cycle. The program is providing over $55 million in bill credits to participating PG&E customers. Over the 10 event days in 2022, the average customer bill credit for participating customers was $35.

About PG&E

Pacific Gas and Electric Company, a subsidiary of PG&E Corporation (NYSE:PCG), is a combined natural gas and electric utility serving more than 16 million people across 70,000 square miles in Northern and Central California. For more information, visit PG&E’s website and its newsroom.

As a deadline for California’s task force on reparations nears, the state-appointed panel charged with examining historic racial damage has made few final decisions on its dozens of preliminary recommendations for redress.

Nor did its members decide on specific dollar amounts for reparations during the meetings in Sacramento on Friday and Saturday.

Instead the task force voted to strengthen the power of a proposed “freedmen affairs’’ agency it says the state should create to help carry out reparations on behalf of California.

And it decided that Saturday was not its last in-person meeting; it will hold at least one more summit in Sacramento on March 29 and 30 and potentially two more later.

Created by state law after Minneapolis police killed George Floyd, the California Reparations Task Force is charged with delivering recommendations for reparations to the Legislature by July 1. State lawmakers will decide whether or not to enact or implement them.

The task force findings could become a blueprint for similar reparations deliberations, in the federal government and in some states and cities already beginning to explore restitution for eligible Black residents.

“I think everyone knows that the nation is going to be watching … what we do here,” said task force member Donald K. Tamaki on Saturday.

Fellow member Monica Montgomery Steppe, San Diego’s city council president, later added: “What we are doing — every step of it — is going to have resistance. And it is going to be hard. It’s going to take decades.”

During the two days of often intense discussion and public comment in Sacramento’s Byron Sher Auditorium, the 9-member group revisited a vote it took in January recommending the state create a California American Freedmen Affairs Agency.

More powers

In January, the body voted to recommend that the proposed agency function like an oversight commission that would monitor how the state implements reparations. But some members said Saturday they thought they had voted for broader powers for the agency.

The group debated and then unanimously voted to replace the earlier measure. It recommends that California structure the freedman affairs agency as an independent department that would directly implement the task force’s recommendations, including identifying and compensating descendants of enslaved Black people.

For instance, it would possibly have a genealogy branch to confirm who is eligible for reparations, a legal affairs branch to provide free law services while advocating for justice reforms, and a labor and employment branch to “supervise” discrimination claims, according to a task force summary.

‘How can we let bygones be bygones when the knee of white supremacy is still on the necks of Black Americans, choking the very life from us?’
— Maureen Simmons, legislative aide

The agency also would perform some oversight of existing state departments that provide services aimed at racial equity. It would look at the California Department of Justice’s enforcement of voting rights, for instance, and act if the redrawing of district lines dilutes Black political power, the measure said.

The new agency also would provide some direct services that other parts of government already provide, if they are not sufficient, the task force said.

Task force Chairperson Kamilah Moore said Saturday’s vote was necessary to take into account public comments and expert testimony.

“We have the duty and right to reconsider any decision that we’ve made,” she said.

“No one tells the Native Americans that the Bureau of Indian Affairs is too wonky or bureaucratic or that they don’t deserve it. No one tells our immigrant families and folks that the Office of Immigrant Affairs is too wonky or bureaucratic. So why should that answer be sufficient for the descendants of slaves?”

Dollar figures

Though the task force has yet to vote on final dollar amounts for reparations, some calculations have been suggested in prior reports.

One idea under consideration is whether to base individual compensation on the racial wealth gap as an indicator of the losses Black descendants of enslaved people have suffered. The racial wealth gap compares financial assets, such as earned income and inherited wealth.

Economists William Darity and Kirsten Mullen, part of a team of economists and scholars consulting with the task force, wrote in a report: “We view the racial wealth gap as the most robust indicator of the cumulative economic effects of white supremacy in the United States.”

Darity and Mullen pegged the average per-person racial wealth gap at approximately $358,293, which is what would be potentially owed to each Black descendant of an enslaved person, who was a resident of California at the time the reparations bill was signed into law in 2020.

An interim report to a task force advisory committee pegs the total debt California owes to Black descendants of enslaved people at more than $600 billion.

“If paid to a conservatively estimated 1.8 million Black Californians with an ancestor enslaved in the U.S. (80% of the 2.2 million) the amount required will be $636.7 billion,” the report states.

Another calculation would assign a dollar amount to each of five categories of racial damage identified by the task force. The categories include: the unjust taking of property by eminent domain, the devaluation of Black businesses, housing discrimination and homelessness, mass incarceration and over-policing, and health harms.

No whittling down

Though the task force has heard input on how the state might begin to pay for such compensation, staff from the Department of Justice said the law creating the task force did not instruct it to identify funding sources.

“The task force is required by AB 3121 to recommend to the Legislature methods for calculating reparations and the scope of reparations,” said Michael Newman, Senior Assistant Attorney General. “Based on their recommendations, the Legislature is ultimately tasked with implementing these changes into law and figuring out how to pay for it.”

Regarding the preliminary recommendations, Montgomery Stepp has warned several times against weakening them in hopes the Legislature would approve the reparation plan. She repeated that caution Saturday.

“Us thinking about what would be the best-case scenario to get our descendant community where it needs to be is where we need to start, and not already be whittling (the list) down, because more of that is going to happen as it goes through the process,” she said.

About 150 people attended the meeting Saturday, and dozens spoke to the task force.

‘What we are doing — every step of it — is going to have resistance. And it is going to be hard. It’s going to take decades.’
— Monica Montgomery Steppe, Task force member

Let bygones be?

Maureen Simmons, a legislative aide who drafted the task force law, said an apology and compensation are important for undoing past harm and preventing future repetition.

“Arguments against reparations center around who is eligible and how much, if anything, they should receive,” she said. “Those detractors believe … it is a futile effort, so we should just let bygones be bygones. But how can we let bygones be bygones when the knee of white supremacy is still on the necks of Black Americans, choking the very life from us?”

She paraphrased a line from a 1968 Martin Luther King Jr. speech where he listed government acts that financially enriched white people at the expense of Black people.

“I will accept your apology on the terms that, in the words of Dr. Martin Luther King — and I believe I can say this for some of us in the Black community — ‘We’re coming for our check,’” she said.

Lloyd Kelly, 62, from New Orleans, noted that other states are watching what shape California’s reparation plan is taking. He also said California’s lawmakers should be paying closer attention.

Two lawmakers are on the task force: Senator Steven Bradford and Assembly member Reginald Jones-Sawyer, Democrats from Los Angeles.

Sacramento Mayor Darrell Steinberg declared his support for reparations and apologized for his city’s historic discrimination against Black people.

“If the government should stand for anything, it should stand for investing in communities and people who have been the victims of discrimination and disenfranchisement for far too long,” he said.

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Guzman.

Press release from the Eureka Police Department:

On March 4, 2023, at approximately 3:15 p.m., EPD’s Communication Center received a call from a citizen in McKinleyville stating they had located the suspect vehicle. The vehicle was parked in an open parking lot and was unoccupied at the time of the call. EPD requested the assistance of the California Highway Patrol who responded to the scene to secure the vehicle. An EPD officer and two detectives were dispatched to the location and took over the investigation. Upon their arrival they confirmed this was the vehicle involved in the collision.

As detectives processed the vehicle, they were contacted by the vehicle’s owner. An interview was conducted with the owner, Jose Guzman Jimenez, 53 years old from Eureka, which revealed he was the driver of the vehicle at the time of the collision.

Jose Guzman was placed under arrest and transported and booked at the Humboldt County Jail for a violation of felony hit and run involving a death. This is still an ongoing investigation and we are asking for any witnesses to the collision to contact the Eureka Police Department.

The Eureka Police Department would like to thank the observant citizen who located the vehicle and the California Highway Patrol for their assistance with this investigation.