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Government

County Settles with Nonprofit Trust on Litigation

OAKLAND POST — The County of Marin, the San Geronimo Advocates, and a nonprofit trust that owns the former San Geronimo Golf Course have settled out of court instead pursuing an appeal of the Marin County Superior Court decision regarding the 157-acre property.

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By The Oakland Post

The County of Marin, the San Geronimo Advocates, and a nonprofit trust that owns the former San Geronimo Golf Course have settled out of court instead pursuing an appeal of the Marin County Superior Court decision regarding the 157-acre property.

The Trust for Public Land (TPL), which in 2017 bought the course in Marin’s San Geronimo Valley, had intended to sell the property to the County by the end of 2018 once the County arranged its finances. TPL was appealing an October 2018 court ruling that prevented the transaction.

County Counsel Brian Washington said TPL incurred significant expenses in defending the litigation alongside the County. The County has agreed to pay TPL’s share of the attorney fees and costs liability arising from the case and is resolving all outstanding issues with TPL over the purchase and sale agreement. The total compensation is $308,391, and it will be paid from the County’s litigation fund.

Starting in 2017, the County sought to purchase the golf course and preserve it as a park. The motivations were to protect the area’s character, preserve recreation and environmental values, and consider potential long-term public uses subject to the community planning process. The County leased the golf course and contracted with another company to manage golf operations as it worked on fundraising to complete the purchase. However, the Court decision required the County to rescind its purchase agreement. The County no longer has any control over the property and is not participating in any discussions about it, Washington said.

“The County appreciates TPL’s partnership with the County in attempting to acquire the San Geronimo property for park and recreational uses,” Washington said. “This is a fair resolution that allows TPL to move forward.”

A voter initiative aimed on restricting the use of the property will appear on the March 2020 ballot in Marin County. The Marin County Board of Supervisors voted in February 2019 to order the Registrar of Voters to place the initiative on the next statewide ballot. All registered Marin voters will be eligible to cast a vote on the issue. The initiative would amend the San Geronimo Valley Community Plan and the Marin County Development Code to mandate retention of a golf course use as the property’s primary use.

This article originally appeared in the Oakland Post

Community

Students, Community Organizations Ask Judge to Order Mental Health Services, Internet Access

Arguing that appropriating billions of dollars alone will not ensure action, community organizations and parents from Los Angeles and Oakland are asking an Alameda County Superior Court judge to order the state to immediately provide computers and internet access and address the mental health needs of children who have borne the brunt of the pandemic.

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Arguing that appropriating billions of dollars alone will not ensure action, community organizations and parents from Los Angeles and Oakland are asking an Alameda County Superior Court judge to order the state to immediately provide computers and internet access and address the mental health needs of children who have borne the brunt of the pandemic.

The May 3 request for immediate relief comes six months after the plaintiffs sued the State Board of Education, the California Department of Education and State Superintendent of Public Instruction Tony Thurmond. Now, they are seeking a preliminary injunction to force the state to respond. Superior Court Judge Winifred Smith has set June 4 for a hearing.

“The state cannot just write big checks and then say, ‘We’re not paying attention to what happens here,’” said Mark Rosenbaum, a directing attorney with the pro bono law firm Public Counsel. Public Counsel and the law firm Morrison and Foerster filed the lawsuit on behalf of 15 children and two organizations: The Oakland Reach and the Community Coalition, which is based in Los Angeles. 

In their initial, 84-page filing, they claimed the state had shirked its responsibility to ensure that low-income Black and Latino children were receiving adequate distance learning, with computers and internet access the Legislature said all children were entitled to. Instead, they argued, children “lost precious months” of learning, falling further behind because of poor internet connections, malfunctioning computers and a lack of counseling and extra academic help.

“While the COVID-19 pandemic was unavoidable, these harms were not. Yet for most of this period, state officials constitutionally charged with ensuring that all of California’s children receive at least basic educational equality have remained on the sidelines,” the plaintiffs argued.

Angela J., of Oakland, whose three children are plaintiffs in the case, elaborated on the difficulties they encountered during a year under distance learning in a declaration filed with the latest plaintiffs’ motion. 

Although she is president of the PTA, her school has been uncommunicative and unresponsive to requests for technical help and lesson plans, she wrote. Her children are falling behind and “suffering emotionally,” she said. Her third-grade twins are supposed to be doing multiplication and division but are struggling with subtraction. “They are supposed to be able to write essays, but they can barely write two sentences.”

The Oakland Reach and the Community Coalition have stepped in with technical help and support for hundreds of families that district schools should have provided, the plaintiffs’ motion said. The Community Coalition hired tutors and partnered with YMCA-Crenshaw to provide in-person learning pods with 100 laptops on site. The Oakland Reach hired 19 family liaisons, started a preschool literacy program and offered online enrichment programs for students.

Months passed, infection rates declined, schools made plans to reopen, and then in March, Gov. Gavin Newsom and the Legislature appropriated $6.6 billion in COVID-19 relief that school districts can put toward summer school, tutoring, mental health, teacher training and other academic supports. By June 1 — less than a month from now — districts and charter schools are required to complete a report, after consulting with parents and teachers, on how they plan to spend the money.

But the plaintiffs argue in their latest filing, “this funding comes with no oversight, assistance, or enforcement to ensure that the funds will be used properly to address the issues relating to digital devices, learning loss, and mental health support.” And there’s no requirement that districts begin this summer to address the harm that the most impacted students have felt, the statement said.“Schools are indeed ‘reopening’ to one degree or another, but absent a mandate that all students receive what they need to learn and to catch up, or any guidance from the State that would help them do so,” the filing said.

In a statement, California Department of Education spokesman Scott Roark acknowledged that the pandemic has disproportionately impacted those who “are vulnerable by historic and systemic inequities,” and cited the department’s work obtaining hundreds of thousands of computers, expanding internet access and providing guidance to educators on distance learning for highest-needs students.

“As we work to return children back to the classroom, we will maintain a laser focus on protecting the health and safety of our school communities while providing the supports needed to ensure learning continues and, where gaps persist, is improved,” the statement said.

In passing legislation accompanying the state budget last June, the Legislature laid out requirements for distance learning that school districts must meet to receive school funding. They included providing all students with access to a computer and the internet. 

Missing, however, was an enforcement requirement, like the monitoring that’s used to verify that students in low-income schools have textbooks, safe and clean facilities and qualified classroom teachers. That system was set up in 2004 through a settlement of Williams v. State of California, in which low-income families sued the state over its failure to assure safe and equitable conditions in schools.  

At the time, Rosenbaum was a lead attorney for the ACLU of Southern California, which brought the lawsuit with Public Advocates and other civil rights organizations.

Despite efforts by Thurmond and districts over the past year to get technology in place, Thurmond estimated in October that as many as 1 million students lacked devices or sufficient bandwidth to adequately participate in distance learning from home. Between federal and state funding, districts have plenty of money to buy computers, and the Legislature is considering several bills to fund internet access statewide (see here and here). 

They won’t solve the immediate challenge, but they could become relevant if there were to be a settlement in this case, as in the Williams lawsuit.

Among their requests, the plaintiffs are asking the court to order the state to:

  • Determine which students lack devices and connectivity and ensure that districts immediately provide them;
  • Ensure that all students and teachers have access to adequate mental health supports;
  • Provide weekly outreach to families of all low-income Black or Latino students to aid in transitioning back to in-person learning through August 2022;
  • Provide a statewide plan to ensure that districts put in place programs to remedy the learning loss caused by remote learning.

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Activism

Greater Justice is Coming: Taking on Abusive and Deadly Policing with New DOJ Leadership

And I am not just talking about justice as an idea. I am talking about a Department of Justice that is willing to take on abusive policing and law enforcement agencies that are corrupted by racism.

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Associate Attorney General Vanita Gupta

Thanks to the voters who elected President Joe Biden and Vice President Kamala Harris, we now have a Department of Justice that actually cares about justice.

And I am not just talking about justice as an idea. I am talking about a Department of Justice that is willing to take on abusive policing and law enforcement agencies that are corrupted by racism.

In his first month on the job, U.S. Attorney General Merrick Garland reversed a Trump-era policy that made it harder for the Justice Department to investigate police departments and hold them accountable for violating people’s civil rights.

And he was just getting started. In the past few weeks, the Justice Department has announced that it is starting an investigation of the police departments in Minneapolis—where George Floyd was murdered by former officer Derek Chauvin while other officers watched. The Minnesota AFL-CIO has called the city’s police union a white supremacist-led organization.

The Justice Department has also launched an investigation of policing practices in Louisville, where Breonna Taylor was shot to death in her own home.

These investigations will look at more than those individual killings. This kind of “patterns and practices” investigation looks at the big picture to determine whether and how a law enforcement agency is violating people’s civil rights. They are a way to evaluate—and do something about—the impact that systemic racism has in a police department and the communities it is supposed to serve.

“Patterns and practices” investigations can lead to consent decrees — agreements that require police departments to change the way they operate, with oversight from the Justice Department to make sure change actually happens.

In the past, Justice Department investigations and consent decrees have been important tools for getting violent police behavior under control and changing abusive cultures in out-of-control departments.

When the Trump Administration shut down this kind of investigation, it sent a signal to police departments that the Justice Department would look the other way rather than hold them responsible for misconduct. Of course, Trump himself repeatedly made it clear that he was not opposed to violent policing. In fact, he encouraged it.

Biden has spoken personally about the importance of ending police violence and reimagining public safety. He has called on Congress to pass the imperfect but important George Floyd Justice in Policing Act.

Another good sign was the announcement that the FBI is doing a civil rights investigation of the killing of Andrew Brown, Jr., who was shot in the back of the head by police in Elizabeth City, North Carolina.

All of these are important steps in protecting Americans, especially Black Americans, from abusive policing.

Biden has also spoken out against Republicans’ racist efforts to pass new voting restrictions in states all over the country. Biden has called those efforts “sick” and we can count on his Justice Department to do what they can to challenge voter suppression—even though right-wing justices on the U.S. Supreme Court have greatly weakened the tools that the Voting Rights Act gave the department to prevent Black voters from having their rights denied.

The Justice Department’s Civil Rights Division has just written the Arizona Senate president to raise concerns that a bogus “audit” of ballots from last year’s presidential election that is being conducted by private contractors from the so-called “Stop the Steal” movement could be violating the Voting Rights Act.

There are more signs that we can expect changes at the Justice Department. Associate Attorney General Vanita Gupta, who was recently confirmed by the U.S. Senate, started her career as a civil rights attorney by winning freedom for dozens of mostly Black people wrongly jailed in a small Texas town.   And the Senate should soon confirm Kristen Clarke to head the civil rights division, where she started her legal career investigating police conduct, hate crimes, and human trafficking.

Together with Biden and Garland, Gupta and Clarke will save lives, defend civil rights, and give millions of Americans hope that greater justice is coming.

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Bay Area

Asian/Black Relations Can Get Better Together During Heritage Month

Heritage months are ways to benchmark our progress and see what urgently needs to be done now. 

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Tim Mossholder/Unsplash

President Joe Biden has given May a new name. It’s no longer Asian American Pacific Islander Heritage Month, as proclaimed by Obama in 2009.  And it’s definitely not Asian Pacific American Heritage Month, as proclaimed by Jimmy Carter in 1978. It’s Asian American Native Hawaiian Pacific Islander Month, as proclaimed by Biden on the last day of April this year. 

That’s our new umbrella. A big one, incorporating everyone. From the East Bay’s Rocky Johnson, the father of Dwayne the Rock, an African American/Samoan American. To Vallejo’s Gabriella Sarmiento Wilson, a/k/a H.E.R., the African American Filipino of Grammy- Oscar-winning- songs fame.

Despite how huge the umbrella is incorporating more than 23 million people from more than 20 countries of origin, we are all American. And we’re the fastest-growing group in the nation, set to double in size, overtake the Latinx population and, with 46 million people, become the largest ethnic group in America by 2060. 

And so we’ve come to expect people seeking to divide us up. During a Zoom conference of attorneys general last week, a member of the audience had a question. “There seems to be an emphasis on attributing anti-Asian violence to white people,” said a white male to the panel. “And I’m just wondering if it is healthy to do that, or an effort to do that…when in some incidents, the attacks were committed by non-white people.”

Essentially, the man was saying, “Don’t blame white people,” implying that Blacks have often been perps in some high profile crimes against Asians. 

But it seemed more like a question to drive a wedge to break up our solidarity.

Fortunately, civil rights activists John Yang knew exactly how to answer that one. 

“Yes, there have been attacks on Asian Americans by people that are not white, no question about that,” he said. “But I would ask everyone to be really, really careful about what the actual statistics are, because the statistics show that the predominant number of people attacking Asians are Caucasian.” Then he referred to some high-profile cases in the Bay Area where Blacks attacked elderly Asians, once again pointing out it was the exception, not the norm.

It was the right response to avoid creating divisiveness and to let everyone know that the only way to end racism is to fight it together.

But he also said something that rang true to most Asian Americans. 

“Let’s be clear, there (are) elements of anti-Blackness in the Asian American community, that we do need to unlearn as well,” he said. Then he made it personal. “And that’s something that I’m going to call out on myself, and in our community, and we would ask everyone to do the same thing as we’re all learning together.”

It was a rare candid public moment that unveiled a sense of friction between Asian and Black communities that has existed since the days I wrote op-ed pieces in the 1990s in the Tribune. 

Heritage months are ways to benchmark our progress and see what urgently needs to be done now. 

Like the speaker said, a lot of it involves calling out where we have fallen short of the ideal.

That’s what Asian American Native Hawaiian Pacific Islander Heritage Month is really for—to learn the good, and unlearn the bad, together. 

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