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ACLU Lawsuit Against Hayward Police Department Over Body Camera Footage

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In the midst of a national conversation about police transparency and accountability, the American Civil Liberties Union of Northern California and the Law Offices of Amitai Schwartz recently filed a lawsuit against the City of Hayward and its Police Department (Hayward PD) for charging the National Lawyers Guild (NLG) unlawful and excessive costs as the price of disclosing body worn camera footage requested under the California Public Records Act (PRA).

 

“The Public Records Act and police body cameras have one thing in common: both are intended to promote government transparency and accountability. This common purpose will be thwarted if Hayward is allowed to impose exorbitant costs for the public disclosure of police body camera footage,” said Alan Schlosser, Senior Counsel with the ACLU of Northern California. “Such a hefty price tag will put these public records beyond the reach of most Californians, including journalists investigating possible instances of excessive force by police.”

 

The suit alleges that, on Jan. 27, 2015, the NLG, San Francisco Bay Area Chapter, submitted a PRA request to Hayward PD for body worn camera footage from Hayward police officers who participated in crowd control during demonstrations in December 2014 to protest the refusal of grand juries to indict police officers involved in the deaths of two African American men, Michael Brown and Eric Garner.

 

A number of protestors were injured by the police during these demonstrations. On May 15, 2015, Hayward PD informed the NLG that they would have to pay the department $2,938.58 in order to receive the first round of body camera footage requested. The NLG paid this amount under protest, and faces similar cost bills for the additional video footage requested.

 

“In the wake of Ferguson, outfitting police officers with body cameras is a tactic widely supported to address problems of police brutality and repair the public’s dwindling confidence in law enforcement. But the positive impact of body cameras on public trust and truth finding is directly undermined when the public cannot get access to the videos, whether because the police unlawfully refuse to release them entirely, or only release the footage they want the public to see, or try to charge excessive costs for footage as Hayward is doing,” said Rachel Lederman, NLG chapter president.

 

Under the Public Records Act, government agencies are limited to charging only for the direct cost of duplicating records.

 

For records in an electronic format, the law also allows additional charges for producing records that require data compilation, extraction, or programming.

 

Since the body camera footage requested by the NLG did not require any of those steps, the ACLU and the Law Offices of Amitai Schwartz are asking that Hayward PD refund the NLG for the costs that fall outside the direct costs of duplication, that the Department disclose the additional requested videos without imposing these unauthorized costs, and that the Alameda Superior Court issue a declaratory judgment that imposing the kinds and amount of costs that Hayward imposed on the NLG violates the PRA.

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Not Just a Southern Issue: Advocates Say SCOTUS Voting Rights Decision Has Already Started to Reshape Black Political Power

OAKLAND POST — Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions.

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By Edward Henderson, California Black Media

U.S. Rep. Sydney Kamlager-Dove (D-CA-37), a member of the Congressional Black Caucus (CBC) whose district spans parts of Los Angeles County, joined fellow CBC member U.S. Rep. Troy Carter (D-LA-2) for a May 21 briefing with Black media outlets in California. 

The lawmakers highlighted what they describe as a mounting threat to Black political representation resulting from an April 29 U.S. Supreme Court ruling that weakened key protections under the federal Voting Rights Act.  

Kamlager-Dove and Carter warned that the decision, which narrowed the role of race in redistricting, is already reshaping congressional districts across the South and undermining Black voters’ ability to elect candidates of their choice.

“While we are a super blue state, we have far to go when it comes to Black representation; we tend to take that for granted,” Kamlager-Dove said of California, noting that the Golden State has the fifth largest Black population in the country and only has three Black members of Congress.   

“While I support building coalitions, we have to make sure that as a Black community we are not yielding our power,” she added.

Calling the fight “not unique to the South,” Carter urged Black communities nationwide to recognize the broader implications of the legal and political battles unfolding in Southern legislatures and courtrooms. 

The Supreme Court ruling centers on Section 2 of the Voting Rights Act of 1965, the portion of the law that prohibits voting systems or district maps that dilute the voting strength of racial minorities. For decades, Section 2 allowed civil rights groups to challenge district maps that weakened Black political representation even when lawmakers did not openly state discriminatory intent.

Now, advocates fear that standard has fundamentally changed. 

“You have to have smoking gun evidence,” said Mitchell Brown, senior voting rights counsel at the Southern Coalition for Social Justice, during a recent media briefing hosted by American Community Media on May 15. “Legislators are not going to say the quiet part out loud.” 

The implications could stretch far beyond congressional elections, Brown said.  

Section 2 protections have historically applied not only to U.S. House districts, but also to state legislatures, school boards, county commissions, judgeships, and local governing bodies. Voting rights advocates warn that weakening those protections could reshape political representation throughout the South, particularly in states with large Black populations. 

“This is not just a Southern issue,” said Amir Badat, manager of Black Voters on the Rise and voting special counsel at the NAACP Legal Defense and Educational Fund.

Badat described the current moment as part of a much longer historical pattern. 

Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions. 

“This is the same move,” Badat said.

Advocates also emphasized that the consequences of weakened voting protections extend into everyday life. 

Local elected offices such as school boards, city councils, county commissions, and judgeships often determine funding priorities, public safety policy, education standards, and infrastructure investments.

“These are not abstract numbers,” Badat said. “These have real political consequences and policy consequences on people’s day-to-day lives.” 

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

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The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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