California
LA Superior Court: Law requiring diverse company boards unconstitutional
Critics have argued that the law is discriminatory and a violation of the equal protection clause in the California Constitution
LOS ANGELES – A Superior Court judge in Los Angeles County ruled last Friday that the 2020 law which requires California-based or headquartered corporations to have a minimum of one director from an underrepresented community, is unconstitutional.
Judge Terry Green granted summary judgment to Judicial Watch, a Washington D.C. based conservative legal nonprofit founded by attorney Larry Klayman, and has been led by Tom Fitton since 2003.
Judicial Watch had sued the state on behalf of three residents, alleging that the stateās expenditure of taxpayer funds to enforce the law was unconstitutional.
āThis historic California court decision declared unconstitutional one of the most blatant and significant attacks in the modern era on constitutional prohibitions against discrimination,ā Judicial Watch President Tom Fitton said in a statement. āIn its ruling today, the court upheld the core American value of equal protection under the law. Judicial Watchās taxpayer clients are heroes for standing up for civil rights against the Leftās pernicious efforts to undo anti-discrimination protections.ā
The law known as Assembly Bill No. 979, mandates corporations to have at least one board member who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as LGBTQ+.
The bill would require, no later than the close of the 2022 calendar year, that a corporation with more than 4 but fewer than 9 directors to have a minimum of 2 directors from underrepresented communities, and such a corporation with 9 or more directors to have a minimum of 3 directors from underrepresented communities.
Andres Picon, a reporter with the San Francisco Chronicle noted that before the law passed, more than one-third of California boardrooms were all white, according to the Latino Corporate Directors Association.
Proponents of the bill, AB979, hoped that it would push companies to hire more diverse directors, increasing equity in hiring and making it more likely for companies to consider the needs and wants of underrepresented communities in their decision making.
But critics have argued that the law is discriminatory and a violation of the equal protection clause in the California Constitution. Some opponents argued that forcing diversity quotas would not necessarily lead to changes in how boards run their businesses.
āCorporate boards should not just be made up of white, straight men. AB 979 is a critical law that promotes diversity and inclusion, and ensures people from marginalized communities have a seat at the table. This is a terrible ruling and I hope it will be overturned in higher court,ā Out State Senator Scott Wiener, (D-SF) told the Blade.
BY DIANA LAMBERT AND MONICA VELEZ | LAist ā A trailblazing state law prohibiting California school boards from passing resolutions that require teachers and school staff to notify parents if they believe a child is transgender isnāt likely to put an end to this polarizing issue.
The Support Academic Futures and Educators for Todayās Youth, orĀ SAFETY Act, was signed by Gov. Gavin Newsom on July 15. It will prohibit school districts from requiring staff to disclose to parents’ information related to a studentās sexual orientation or gender identity, and will protect school staff from retaliation if they refuse to notify parents of a childās gender preference. The legislation, which will go into effect Jan. 1, also provides additional resources and support for LGBTQ students at junior high and high schools.
āCalifornia is the first state to pass a law explicitly prohibiting school districts from enacting forced outing policies in the nation,ā said Mike Blount, spokesperson for the author of the bill, Assemblymember Chris Ward (D-San Diego).
The legislation was passed in response to the more than a dozen California school boards that proposed or passed parental notification policies in just over a year. The policies require school staff to inform parents if a child asks to use a name or pronoun different from the one assigned at birth, or if they engage in activities and use facilities designed for the opposite sex. At least seven California school districts passed the controversial policies, often after heated public debate.
First lawsuit filed
By Tuesday evening, the conservative nonprofit Liberty Justice Center said it hadĀ filed a lawsuitĀ challenging the new law on behalf of Chino Valley Unified, which passed a parental notification policy last year.
āSchool officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school,ā said Emily Rae, senior counsel at the Liberty Justice Center in a press release. āParents are the legal guardians of their children, not Gov. Newsom, Attorney General (Rob) Bonta, or Supt. (Tony) Thurmond. We will continue to defend parentsā rights and childrenās well-being by challenging invasive laws like AB 1955 in court, at no cost to taxpayers.ā
Other opponents, including Assemblyman Bill Essayli (R-Riverside) indicated that the issue will be settled in court. He is ācommitted to challenging the bill in court, and heās confident heās on the right side constitutionally,ā said Shawn Lewis, Essayliās chief of staff. Essayli plans to work with a coalition of advocates to challenge the bill, Lewis said.
Election issue
Parental rights is the overarching issue for the Republican Party, but right now it is focused on the parental notification issue, Essayli said inĀ an August interviewĀ with EdSource. āThis is an issue we want to run on in 2024,ā he said.
The newly passed legislation also resulted in a flurry of press releases and social media comments from opponents and supporters. Even Tesla CEO Elon Musk weighed in, calling the new law theĀ āfinal strawāĀ in his decision to move the headquarters for X, formerly known as Twitter, to Texas.
āI did make it clear to Gov. Newsom about a year ago that laws of this nature would force families and companies to leave California to protect their children,ā Musk wrote on X.
Proponents of the parental notification policies have said that parents have the right to know what is going on with their children at school and that minors do not have a right to privacy. Opponents say these policies could endanger already vulnerable students who should be able to decide when they want to come out to their parents.
Chino Valley UnifiedĀ in San Bernardino County,Ā Murrieta Valley Unified, and Temecula Valley Unified in Riverside County, in Orange County, inĀ Anderson Union High School DistrictĀ in Shasta County, and Rocklin Unified andĀ Dry Creek Joint Elementary School DistrictĀ in Placer County are among the districts that have passed parental notification policies.
Californiaās parental notification board policies have their origin inĀ Assembly Bill 1314, proposed by Essayli, which was denied a committee hearing at the state Capitol last year. After that, Essayli, parentsā rights groups and attorneys wrote aĀ model board policyĀ for school boards.
On Monday, Essayli released a statement about the new law: āToday, Gov. Gavin Newsom defied parentsā constitutional and God-given right to raise their children by signing AB 1955 which codifies the governmentās authority to keep secrets from parents,ā he said. āAB 1955 endangers children by excluding parents from important matters impacting their childās health and welfare at school. Governor Newsom signing AB 1955 is both immoral and unconstitutional, and we will challenge it in court to stop the government from keeping secrets from parents.ā
Eight states haveĀ passed lawsĀ requiring school districts to inform parents if their children ask to use names or pronouns associated with another gender, according to the Movement Advancement Project.
LGBTQ rights threatened
School parental notification policies have impacted the mental health of LGBTQ students and can lead to bullying, harassment, and discrimination, according to a press release from Wardās office.
āPolitically motivated attacks on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth are on the rise nationwide, including in California,ā said Ward, who introduced the legislation along with the California Legislative LGBTQ Caucus.
āWhile some school districts have adopted policies to forcibly out students, the SAFETY Act ensures that discussions about gender identity remain a private matter within the family,ā he said. āAs a parent, I urge all parents to talk to their children, listen to them, and love them unconditionally for who they are.ā
The California Teachers Association and its members have been major opponents of parental notification policies, saying that they drive a wedge between educators and students, and endanger already vulnerable students. Teachers working in districts with parental notification policies have worried they could lose their jobs if they do not comply with the district requirement or end up in court if they disobey federal and state laws and policies.
āThis historic legislation will strengthen existing protections against forced outing and allow educators to continue to create a safe learning environment where all students feel accepted, nurtured, and encouraged to pursue their dreams,ā said California Teachers Association President David Goldberg. āAs educators, we are charged with providing a high-quality education to every student. No educator should experience retaliation or have their livelihood jeopardized for following the law and providing safe and supportive learning environments for our students.ā
Policies spawn lawsuits
Attorney General Rob BontaĀ has said parental notification policies break California state law and violate studentsā civil rights and their right to privacy. He issued warnings to districts and filed aĀ lawsuitĀ against Chino Valley Unified in San Bernardino County last year.
A lawsuit was also filed againstĀ Temecula Valley UnifiedĀ by a coalition of students, teachers and parents who oppose the districtās parental notification policy, along with a policy that bans ācritical race theory.ā
California courts have had differing opinions. In San Diego, U.S. District Judge Roger Benitez last year ruled that Escondido Union School District violated parentsā rights when it followed California state policy and allowed students to decide whether to tell their parents they identify as transgender.
In Sacramento earlier that year, U.S. District Judge John Mendez dismissed a lawsuit against Chico Unified. The suit claimed that district policies allowed school staff āto socially transitionā students and prohibited staff from informing parents of the change. Mendez said students have a right to tell their parents about their gender and sexuality on their own terms.
The new law will also require districts to provide support or affinity groups and safe spaces for LGBTQ students; anti-bullying and harassment policies and complaint procedures; counseling services; anti-bias or other training to support LGBTQ students and their families; suicide prevention policies and procedures; and access to community-based organizations to support LGBTQ students as well as local physical and mental health providers with experience in treating and supporting families of LGBTQ youth.
California Legislative LGBTQ Caucus Chair Susan Eggman said the legislation reaffirms Californiaās position as a leader and safe haven for LGBTQ youth.
āI am also deeply grateful for all the parents, teachers, youth, LGBTQ+ leaders, and so many other groups who came together to support this bill,ā Eggman said. āTheir support reaffirmed what this caucus already knew: Safe and supportive schools for all our children should be our top priority. And at the end of the day, thatās what this bill does, ensures our K-12 campuses remain safe and affirming places for our youth no matter how they identify.”
California
Governor Newsom launchesĀ resources website: ready.ca.govĀ
With the unofficial start of summer, Newsom today is highlighting how the state is preparing for summer emergencies, extreme heat, and fires
SACRAMENTO ā With seasonal challenges on the horizon as temperatures increase and Californians head outside, Governor Gavin NewsomĀ visited the California Office of Emergency Services (Cal OES) today to announceĀ ready.ca.govĀ – a new, one-stop shop for Californians to prepare for emergencies and extreme weather.
The new website is part ofĀ Listos California, which is a state effort that connects communities with resources before, during and after emergencies.Ā
During his visit to Cal OES, the Governor was briefed by emergency managers on the administrationās preparedness for summer and peak wildfire season, including progress made in building forest resilience to catastrophic wildfires, firefighter staffing levels and firefighting fleet readiness, and the administration’s Extreme Temperature Response Plan that was developed to coordinate an all-hands response by government to mitigate the stateās most deadly natural weather event.
āCalifornia is prepared for summer and peak wildfire season ā with a surge in firefighters and equipment, better forest management, and one of the most tried and tested emergency management systems in the world. Make sure your family is prepared too. VisitĀ ready.ca.govĀ ā a new resource to help keep Californians safe this weekend and all summer long,ā said
GovernorĀ Newsom.
Combined with aĀ comprehensive suiteĀ of translated messaging and materials, Listos California at Cal OES continues to upliftĀ life-saving messagesĀ through interactive, community-based tactics, including peer-to-peer phone banking efforts, in-person events, and door-to-door engagements.Ā
Preparing for Memorial Day weekend & summer
Extreme heat preparation: Listos California recently kicked off its summer season campaign efforts, beginning with its Wildfire Awareness Campaign in rural communities. Community leaders are encouraged to sign up for local emergency alerts and share these resources with family, friends and neighbors to build resiliency and help communities stay safe this summer.
Snowmelt & swift water preparedness: Californiaās waterways can conceal dangers below the surface. With a melting snowpack, the volume and speed of the water are creating hazardous conditions. Across the Administration, state departments and agencies are promoting swift water safety and drowning prevention messaging in honor of the summer season. Water safety messages in more than a dozen languages can be found at Listos California.
Wildfire & emergency preparedness: CAL FIRE has worked to reduce the risk of fires all year round, including increased fire prevention efforts, better firefighting technology and resources, and community preparedness initiatives. In 2023, there was a 93.87% reduction in structures destroyed compared to 2022. Potential mega-fires were kept small, protecting communities and limiting smoke impacts and CAL FIRE met its 100,000-acre goal for fuel reduction activities for the fourth straight year. Through the Ready for Wildfire initiative, Californians can learn the necessary steps to prepare their homes to be better prepared if a wildfire strikes.
Roadway safety:Ā Heading into Memorial Day, theĀ California Highway PatrolĀ is initiating a statewide Maximum Enforcement Period from Friday to Monday to address the expected surge in holiday travelers on California roads. In 2023 over the holiday weekend, 46 people were killed in crashes and more than 1,100 arrested for driving under the influence throughout the state.
ready.ca.gov
California
1,000+ reported acts of hate in first year of Calif. vs hate hotline
This reporting system is 1st of its kind – operating separately from law enforcement & partnering with community organizations across Calif.
SACRAMENTOĀ ā The California Civil Rights Department (CRD), alongside state and community partners, today released new data highlighting the impact of California vs Hate in its first year of operation and announced new and ongoing initiatives to combat hate across the state.
OfficiallyĀ launched a year agoĀ this month by Governor Gavin Newsom,Ā CA vs HateĀ is the stateās first-ever multilingual statewide hotline and online portal that provides a safe, anonymous reporting option for victims and witnesses of hate acts. In the first full year of operation, initial data submitted to CRD shows approximately 1,020 acts of hate reported to the hotline.
āCA vs Hate is about recognizing and protecting the incredible diversity of our state and sending a clear message that hate will never be tolerated,āĀ saidĀ Governor Newsom.
āWhen California was confronted by an alarming increase in hate, we didnāt just sit back and hope it got better,āĀ said CRD Director Kevin Kish.Ā āWe came together and launched an array of nation-leading programs to ensure all our communities feel welcome and protected. Iām incredibly proud of our stateās resilience and commitment to a California for all. This work is only just beginning, but it would not be possible without the advocacy of our community partners and the foresight of our stateās Administration and Legislature. With CA vs Hate, weāre doing our part to ensure that when people report they get support.ā
Many hate crimes have historically gone unreported due to a variety of factors, including fear of retaliation, lack of culturally competent resources, concern around potential immigration consequences, and distrust of law enforcement. CA vs Hate aims to help address some of these issues by offering people targeted for hate ā and their communities ā additional resources to report acts of hate through a community-centered approach that does not require engagement with the criminal legal system.
Hotline services are confidential and provided for free, regardless of immigration status. CA vs Hate accepts all reports of hate and is not limited to only receiving reports that are criminal in nature. Whether individuals report to CA vs Hate online or by phone, they are eligible to receive ongoing care coordination to ensure people impacted by hate are able to access resources and support, including legal, financial, mental health, and mediation services.
As part of the effort to make CA vs Hate as inclusive and easy-to-use as possible, individuals who report an act of hate can remain anonymous and, recognizing that hate can target multiple aspects of a personās identity, may select multiple bias motivations related to the report. To the extent that individuals who report are comfortable doing so, CA vs Hate staff engage extensively with them through initial contacts over the phone or follow up care coordination to better understand the incident and services needed.
In the first full year of operation, initial data submitted to CRD shows approximately 1,020 acts of hate reported to the hotline, across nearly 80% of the state’s counties.Ā
For a subset of 560 reports where data were further validated by CA vs Hate staff,Ā the most cited bias motivations included:
- race and ethnicity (35.1%)
- gender identity (15.1%)
- sexual orientation (10.8%)
Most common reasons for reporting:
- Discriminatory treatment 18.4%Ā
- Verbal harassment 16.7%Ā
- Derogatory names or slurs 16.7%
Most common locations where incidents occurred:
- Residential 29.9%Ā
- Workplace 9.7%Ā
More granular data verified through that process is also included below. While CA vs Hate data serves as an important indicator, the hotline is new, and the data should not be treated as being representative of all acts of hate in California. In all, people who reported to CA vs Hate were directed to more than 100 different forms of resources and support. In the first full year of operation, CA vs Hate:
- Had 2,118 contacts from members of the public seeking assistance ā including non-hate related reports ā and directed people to resources, regardless of whether a report was tied to an act of hate. Of those contacts:
- The most common reasons cited for the reports were discriminatory treatment (18.4%), verbal harassment (16.7%), and derogatory names or slurs (16.7%).
- The most common location types for where an incident occurred were residential (29.9%), workplace (9.7%), and public facilities (9.1%).
- Received 1,020 actual reports of hate based on the information provided by the individual reporting the act. Of those reports:
- Roughly four out of six people agreed to follow up for care coordination services, including direct and ongoing support accessing legal aid or counseling.
- Nearly 80% of Californiaās counties were represented, including all 10 of the stateās most populated counties.
- Further validated bias motivation information for 560 reports through additional CA vs Hate staff review. Of those reports:
- Race and ethnicity (35.1%), gender identity (15.1%), and sexual orientation (10.8%) were the most cited bias motivations.
- Anti-Black (26.8%), anti-Latino (15.4%), and anti-Asian (14.3%) bias were the most cited reasons for reports related to race and ethnicity.
As reported hate crimes have risen in recent years, California has led the charge in responding through increased grant funding, innovative programs, and expansive outreach efforts across state government and in collaboration with community-based organizations.
These partnerships ā whether through theĀ Stop the Hate ProgramĀ orĀ Ethnic Media Outreach GrantsĀ ā are critical to CA vs Hateās success. As CA vs Hate continues to grow, the program is launching new initiatives and building on existing efforts aimed at strengthening the hotlineās statewide support network and improving access to resources for all of Californiaās diverse communities. These ongoing or upcoming efforts include:
Outreach Campaigns
- Kicking off CA vs Hateās first-ever billboard campaign to support increased awareness of the hotline and available resources across half a dozen cities.
- Launching targeted outreach materials to support increased access to CA vs Hate resources for historically hard-to-reach and underserved Californians, including new digital assets developed in coordination withĀ tribal partnersĀ andĀ members of the AAPI community.
- Developing new pathways to reach members of the public, including through a digital ad partnership with the California Department of Motor Vehicles and in-person event engagement with California-based sports teams.
Capacity Building
- Launching a partnership with UC Berkeleyās Possibility Lab to support increased data collection and analysis going forward.
- Exploring the launch of a text-responsive reporting option to support increased access to the CA vs Hate hotline.
- Stepping up statewide coordination efforts through ongoing collaboration withĀ United Against Hate Week.
Community Engagement
- Bolstering community-specific engagement through theĀ Jabara-Heyer NO HATE Act grantĀ to ensure communities most targeted for hate have access to resources, including a new partnership with California Black Media.
- Establishing new quarterly meetings with city and county government partners to support increased responsiveness to local communities and build on existing feedback mechanisms in place for community-based organizations.
- Standing up a coalition of faith-based leaders from a range of backgrounds to better address acts of hate targeting Californians on the basis of religion.
Information about the hotline and online portal:
CA vs Hate is a non-emergency, multilingual hate crime and incident reporting hotline and online portal. Reports can be made anonymously by calling (833) 866-4283, or 833-8-NO-HATE, Monday to Friday from 9 a.m. to 6 p.m. PT or online at any time.
Hate acts can be reported in 15 different languages through the online portal and in over 200 languages when calling the hotline.
For individuals who want to report a hate crime to law enforcement immediately or who are in imminent danger, please call 911.
For more information on CA vs Hate, please visitĀ CAvsHate.org.
California
Rick Zbur nominates Nancy Sutley for Latino Spirit Awards honoree
Assemblymember Rick Zbur honors LGBTQ+ Latina Nancy Sutley for her outstanding achievement in public service during the Latino Spirit Awards
SACRAMENTO āĀ Assembly Democratic Caucus Chair Rick Chavez Zbur (D-Hollywood) nominated Nancy Sutley as a recipient for the Latino Spirit Awards.
In an Assembly Floor ceremony Monday, the California Legislative Latino Caucus honored Sutley, who currently leads Los Angeles Mayor Karen Bassā environmental, energy, and sustainability policy and programs as her Chief Sustainability Officer.
āAs an LGBTQ+ Latina, Nancy Sutley has shattered glass ceilings while implementing some of the most important environmental and sustainability policies and legislation of our century,ā said Assemblymember Zbur. āHer expertise has guided mayors, governors, and former President of the United States Barack Obama. It is an honor to recognize her for an outstanding achievement in public service, and as my nominee for the Latino Spirit Awards.ā
Nancy Helen Sutley, born in New York City in 1962, was raised in Queens by parents who immigrated from Argentina. She holds a master’s degree in public policy from Harvard University and a bachelor’s degree in government from Cornell University.
Currently, Sutley is the Senior Assistant General Manager of External and Regulatory Affairs and Chief Sustainability Officer at the Los Angeles Department of Water and Power (LADWP). In this capacity, she supervises departments such as customer service, energy efficiency, water conservation, and environmental regulations.
During her tenure at LADWP, she has initiated sustainability projects, led the establishment of the LaKretz Innovation Campus, and advocated for cleaner transportation. Before joining LADWP in 2014, Sutley chaired the White House Council on Environmental Quality, making her the first prominent LGBTQ+ person named to a senior role in the Obama Administration.
There,Ā she played a pivotal role in environmental initiatives, including the 2013 Climate Action Plan. She has also held various positions in public service, including Deputy Mayor for Energy and Environment for Los Angeles and roles in state and federal environmental agencies.
California
2024-25 Race to Submit: Cash for College- FAFSA
California is leading a statewide campaign to support students in completing the Free Application for Federal Student Aid
SACRAMENTOĀ āĀ With fewer high school students across the country filing for federal student aid so far this year, California is promoting aĀ statewide campaignĀ to mobilize local partners and engage high school seniors in completing the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application (CADAA).Ā
From tuition to textbooks and other costs of attendance, financial aid is essential to making college more accessible and supporting student success.
In light of delays and issues impacting the federal rollout of the 2024-25 FAFSA, Governor Gavin Newsom in MarchĀ signedĀ an urgency measure by Assemblymember Sabrina Cervantes (D-Riverside) to support students navigating the process by extending the application deadline for state financial aid programs from April 2 to May 2.
Students bound for four-year institutions shouldĀ complete the FAFSA or CADAA by the May 2 priority deadlineĀ to be eligible for various state financial aid programs, including the Cal Grant and Middle Class Scholarship. For community college students and foster youth, the deadline is September 3, 2024.
The Governor issued the following letter highlighting the stateās outreach efforts to ensure students donāt leave money on the table for college, including financial aidĀ workshops scheduledĀ across the state through May 2 for students, high school counselors and otherĀ partners.
A copy of the Governorās letter can be foundĀ hereĀ and the text is below:
2024-25 Race to Submit: Cash for College
California is committed to helping students ā our future leaders and innovators ā pursue their college dreams and reach their full career potential. Financial aid helps hundreds of thousands of students in our state to achieve their higher education goals, and itās critical that everyone who could benefit has the opportunity to enroll. The first step in accessing financial aid is timely submission of the Free Application for Federal Student Aid (FAFSA), which unlocks federal, state and institutional aid.
This year, California passed an urgency measure to extend the application deadline for state financial aid programs from April 2 to May 2, meaning students have an additional month to submit their FAFSA by the stateās priority deadline. This action was taken to help students who have been impacted by challenges in the federal rollout of changes to the FAFSA.
The California Department of Education and the California Student Aid Commission are teaming up with local partners throughout the state to offer financial aid workshops for students, counselors and others in the community, among other resources to support outreach and training.
Weāll keep working with partners throughout the state to get the word out and help students and their families unlock these crucial opportunities to get them on the path to college success.
California
Judge & AG Bonta: Ballot measure attacks rights of trans youth
“California should be a safe and welcoming place for everyone, which is why we have longstanding laws to protect the rights of LGBTQ+ youth”
By John Ferrannini, Assistant Editor | SACRAMENTO – A judge has sided with the state of California in the matter of a conservative group that sued over the title and summary Attorney General Rob Bonta assigned to its ballot measure that would strip rights from transgender minors.
As the Bay Area Reporter previously reported, Protect Kids California is gathering signatures for a ballot measure that would ban trans minors from receiving gender-affirming care; ban trans girls from female competitive sports, locker rooms and bathrooms; and require public schools to disclose students’ gender identities to parents if they say they are different than their sex at birth.
Protect Kids California has until May 28 to collect some 550,000 valid signatures in order to place the measure before state voters on the November 5 ballot. Most LGBTQ leaders doubt it will be successful in reaching that threshold.
In preparing a ballot title and summary for the measure, Bonta titled it “Restricts Rights of Transgender Youth.” It prompted the Liberty Justice Center to file a lawsuit February 13 in Sacramento County Superior Court on behalf of Protect Kids California that alleged Bonta’s personal beliefs led to a biased title and summary. Therefore, the center contended the ballot measure proponents should be given 180 additional days for signature gathering without discounting signatures already collected.
“Respondent [Bonta] has demonstrated that he personally, and in his official capacity, is opposed to any kind of notification by a public school to a parent or guardian that his or her child is exhibiting signs of gender dysphoria when the child asks the school to publicly treat him or her as the opposite sex with a new name or pronouns, and to allow the child to use the sex-segregated facilities of the opposite sex,” claimed the groups in their lawsuit.
But a Sacramento Superior Court judge sided with Bonta in a ruling that was first issued tentatively April 19 and was made final April 22. Judge Stephen Acquisto ruled that Bonta’s title and summary are accurate.
“Under current law, minor students have express statutory rights with respect to their gender identity,” Acquisto stated. “A substantial portion of the proposed measure is dedicated to eliminating or restricting these statutory rights. … The proposed measure would eliminate express statutory rights and place a condition of parental consent on accommodations that are currently available without such condition.
“The proposed measure objectively ‘restricts rights’ of transgender youth by preventing the exercise of their existing rights. ‘Restricts rights of transgender youth’ is an accurate and impartial description of the proposed measure,” Acquisto added.
The attorney general’s office has some leeway when it comes to determining ballot titles, the judge noted.
Bonta is “afforded ‘considerable latitude’ in preparing a title and summary,” Acquisto ruled.
He found, “The court’s task is not to decide what language best captures the essence of the proposed measure, but to decide whether the language chosen by the Attorney General is ‘untrue, misleading, or argumentative.’ The Court finds that the Attorney General’s use of the term ‘restricts rights’ does not render the title and summary untrue, misleading, or argumentative.”
A spokesperson for Bonta stated April 23, “We are pleased with the court’s decision to uphold the Attorney General’s fair and accurate title and summary for this measure.”
In an April 19 statement posted to its Facebook page, the Liberty Justice Center said it was “evaluating next steps” in light of the judge’s decision.
“While we are disappointed that the court precluded evidence establishing AG Bonta’s bias, we appreciate that the matter has been taken under submission by the judge,” stated center officials.
In a statement provided to the B.A.R. on April 24, after news that the decision had been made permanent, Protect Kids California attorney Nicole Pearson stated, “The mental gymnastics used to justify this prejudicial title and summary are not only an egregious abuse of discretion that entitles our clients to an appeal, but a chilling interpretation of law that jeopardizes the very foundation of our constitutional republic. We are reviewing our options for an appeal of these clear errors and will announce a decision shortly.”
Tony Hoang, a gay man who is the executive director of statewide LGBTQ advocacy organization Equality California, stated to the B.A.R. that “we are pleased with the judge’s ruling.”
“California should be a safe and welcoming place for everyone, which is why we have longstanding laws in effect that protect and preserve the rights of LGBTQ+ youth and their families,” Hoang stated. “This proposed initiative seeks to undo these critical protections and make our schools and communities less safe for all youth.”
Politico’s California Playbook newsletter reported last month that the Protect Kids California measure is struggling. “The campaign has so far collected less than a fifth of what it would need to qualify for the ballot,” Politico reported. “It does not appear on track to meet a May 28 deadline.”
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The preceding article was previously published by the Bay Area Reporter and is republished with permission.
California
New California law requires bars & nightclubs to offer ‘roofie’ tests
Bars & nightclubs who do not comply with the new law could face administrative actions impacting their licenses
SACRAMENTOĀ ā A new law mandating certain alcoholic beverage license holders to offer drug testing devices for sale or at no cost to patrons will take effect across California beginning July 1.
AB 1013 requires establishments with a license from the California Department of Alcoholic Beverage Control (ABC) to have signage displayed in a prominent and conspicuous location, letting patrons know that drug testing kits are available to test for common date-rape drugs, often referred to as āroofies.ā
The required signage displays a message reading, āDonāt get roofied! Drink spiking drug test kits available here. Ask a staff member for details.ā A sample sign is available on ABCās website and can be downloaded and printed by licensees.
The new law impacts approximately 2,400 licensees across California. Type 48 licenses are issued to bars and night clubs. The license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Minors are not allowed on the premises, and food service is not required.
Licensees will be responsible for procuring testing kits. ABC does not sell or provide kits, and does not recommend or endorse any specific company that does.
Additionally, Type 48 licensed premises must either offer the drug testing devices for sale to customers at a price not to exceed a reasonable amount based on the wholesale cost, or be given to customers free of charge.
Drug testing devices could include test strips, stickers, straws or other devices that can detect the presence of controlled substances in drinks. These substances could include flunitrazepam, ketamine, and gamma hydroxybutyric acid.
License holders who do not comply with the new law could face administrative actions impacting their licenses. For more information please visit ABCās industry advisoryĀ Type 48 Licenses New Signage and Product RequirementsĀ page.
Related:
California
Philanthropist Mackenzie Scott donates to Calif. LGBTQ non-profits
About $137 million went to organizations that serve Californians including LGBTQ+ groups like the LGBTQ Center Long Beach
LOS ANGELES – Billionaire philanthropist Mackenzie Scott announced last week she would donate about $640 million to 341 charities nationwide.Ā The 53-year-old with an estimated personal wealth of $36.3Ā billion has given away $16.5 billion from the fortune she gained after her divorce from Amazon founder Jeff Bezos in 2019.
In a statement posted to her Yield Giving website on March 19, Scott said:
“From a pool of over 6,000 applicants, each of these 361 community-led non-profits was elevated by peer organizations and a round-2 evaluation panel for their outstanding work advancing the voices and opportunities of individuals and families of meager or modest means, and groups who have met with discrimination and other systemic obstacles.Ā Grateful to Lever for Change and everyone on the evaluation and implementation teams for their roles in creating this pathway to support for people working to improve access to foundational resources in their communities.Ā They are vital agents of change.”
In California, her gift giving organization on its website listed that about $137 million went to non-profits that serve the Golden State’s residents including several LGBTQ+ organizations.
The Associated Press reported the philanthropist typically donates to organizations after privately researching them, but this time, she partnered with the philanthropic group Lever for Change to analyze over 6,000 applicants after announcing an open call.
What started as a plan to donate $1 million each to 250 charities nationwide ended up doubling, with about 279 organizations receiving a $2 million donation and the rest receiving $1 million.
Among those receiving funding were: LGBTQ Center Long Beach which received $2 million, Equal Rights Advocates $2 million,Ā Sacramento LGBT Community Center $1 million, Openhouse $2 million, Pacific Center for Human Growth $2 million, and The Wall Las Memorias $1 million.
California
Legislation to protect consumers against medical debt unveiled
Medical debt continues to increase and is a barrier to employment, housing, and the promotion of health care access and equity
SACRAMENTOĀ ā California Attorney General Rob Bonta, Senator Monique LimĆ³n (D- Santa Barbara), and a coalition of prominent consumer advocacy organizations today unveiled Senate Bill 1061 (SB 1061), legislation seeking to protect consumers from having their credit ruined by prohibiting medical debt from being reported on credit reports.
Credit reports are meant to gauge an individualās ability to repay future debt. Medical debt is often unforeseen and not a reliable indicator of financial risk, yet it can unfairly prevent consumers from getting loans, renting an apartment, or getting a job.
āCalifornia families should not need to suffer from the harmful and unnecessary impacts resulting from having their credit damaged by medical debt. We have a straightforward solution and need to implement it here in California, just as we have seen some of our sister states do successfully,āĀ said Attorney General Bonta.Ā āThere is no need for medical debt to appear on credit reports and we can stop the harmful spiral where people have unforeseen, catastrophic medical debt and become unhoused, unemployed, or without a vehicle to get to work. To reduce homelessness, to reduce food insecurity, and to address many of Californiaās other systemic issues, we must utilize upstream interventions that get to the crux of these problems. This is exactly what SB 1061 does.ā
āToday a staggering 1 in 5 Californians has reported having medical debt with a disproportionate impact on women and mothers. This debt negatively impacts Californians credit history making it harder to secure a loan, buy a house, or be approved for a credit card,āĀ saidĀ Senator LimĆ³n.Ā āWithout a robust health care system that covers necessary and often lifesaving medical expenses in a timely, accurate and comprehensive manner, medical debt should not be included on consumer’s credit reports.ā
āWeāve known for years that medical debt doesnāt predict credit defaults, nor does it accurately predict a personās desire and willingness to pay off loans,āĀ said Jenn Engstrom, State Director of CALPIRG.Ā āWeāre hopeful that the legislation introduced by Senator LimĆ³n and sponsored by Attorney General Bonta will help create a fair credit system that doesnāt penalize people for life events they canāt control like getting sick.ā
“Frontline nurses know that patients with medical debt, especially low-income Californians, delay or avoid medical care because they worry about the impact on their credit reports,” said California Nurses Association President Cathy Kennedy, RN.Ā “SB 1061 will help to ensure patients will get the care they need by removing medical debt from credit reports. Then we will have a fair credit system that will not penalize patients when they get the care they need and deserve.”Ā
āPeople canāt control when they will get sick or hurt, and they canāt control when billing disputes and insurance problems will cause debts for expensive medical care to end up in collections,āĀ said Chi Chi Wu, senior attorney at the National Consumer Law Center.Ā āThis law is necessary to protect consumers from unmanageable and unpredictable medical debts and to address the disparate impact of medical debt on Black households.ā
“Getting hit with medical debt isn’t like taking out a loan,”Ā noted Ted Mermin, director of the California Low-Income Consumer Coalition.Ā “It’s not voluntary, it doesn’t predict how creditworthy you are, and all too often the amount you’re charged is something the healthcare provider basically made up. But there’s nothing fictional about the serious negative impact medical debt can have on consumers’ credit reports.”
“The Consumer Federation of California is pleased to be a co-sponsor of SB 1061 and work with Senator LimĆ³n, Attorney General Bonta and all the other fine groups working to enhance consumer protection when it comes to medical debt,”Ā said Robert Herrell, Executive Director of the Consumer Federation of California.Ā “Simply put, California is falling behind in consumer protection in this area. States like New York and Colorado are leading the way. Those states have realized that medical debt shouldn’t be an anchor dragging consumers down, both personally and via their credit worthiness. California must do better for consumers and this bill is an important step in that direction. This bill will put California back at the front of the line when it comes to consumer protection against medical debt ruining their lives.”
“Health care costs are rising, forcing more and more Californians to delay or skip care in fear of getting an expensive medical bill that can lead to debt,āĀ said Katie Van Deynze, policy and legislative advocate for Health Access California, a co-sponsor of the bill.Ā “Black, Latino and low-income Californians disproportionately have medical debt, and counting it against credit exacerbates inequities in health, housing, employment and more. SB 1061 will give all Californians more peace of mind to seek the care they need knowing it will not negatively affect their credit and their future.”
The bill sponsored by Attorney General Rob Bonta, the National Consumer Law Center, the CA Nurses Association, Health Access CA, Consumer Federation of CA, CA Low Income Consumer Coalition, Cal-PIRG, and authored by Senator LimĆ³n states that:
- Health care providers should not provide information regarding a patientās medical debt to a credit reporting agency.
- Health care providers should include a provision in any contract entered into with a collection agency that prohibits the reporting of any information regarding a patientās medical debt to a consumer credit reporting agency.
- Credit reporting agencies should not accept, store, or disclose any information concerning a medical debt.
Medical debt continues to increase and is a barrier to employment, housing, and the promotion of health care access and equity. The Urban Institute reported 7.8% of California consumers with a credit report had a medical debt listed on it, increasing to 8.5% for Black Californians.
People with medical debt are more likely to say debt has caused them to be turned down for a rental or a mortgage than people with student loans or credit card debt, increasing their risk of homelessness or being forced to live in substandard housing.
Debt can also create barriers for finding employment as employers often use credit reports as a basis for hiring decisions, which in turn, makes it even more difficult to pay off medical debt. Both Colorado and New York have passed laws that prohibit medical debt from appearing on credit reports. In September 2023, the Consumer Financial Protection Bureau announced a rulemaking process to remove medical bills from consumers’ credit reports.
Text for the proposed bill can be foundĀ here.Ā
Related:
Medical Debt in LA County Baseline Report and Action Plan, June 2023
California
State launches 1st-of-its-kind council to create thousands of jobsĀ
The California Jobs First Council is an integral part of Californiaās broader strategy to prepare students and workers for high-paying careers
SACRAMENTO ā Governor Gavin Newsom today announced the creation of the California Jobs First Council and operational plan focused onĀ streamlining the stateās economic and workforce development programs to create more jobs, faster.
The Council and operational plan will guide the stateās investments in economic and workforce development to create more family-supporting jobs and prioritize industry sectors for future growth.
Co-chaired by Dee Dee Myers, Senior Advisor to Governor Newsom and Director of the Governorās Office of Business & Economic Development, and Stewart Knox, Secretary of Labor & Workforce Development, the California Jobs First Council will bring together various state entities, including:
- Director of the Governorās Office of Planning & Research: promoting alignment with General Plan guidelines and land use policies
- Secretary of the California Natural Resources Agency: representing nature-based solutions and clean energy industries
- Secretary of the California Department of Food and Agriculture: representing the agriculture industry
- Secretary of the California Environmental Protection Agency: representing the circular economy
- Secretary of the California Health & Human Services Agency: representing the healthcare industry and promoting jobs for disabled and disadvantaged workers
- Secretary of the California Department of Veterans Affairs: representing the more than 1.6 million former service members that reside in the state
- President of the Public Utilities Commission: representing opportunities to advance Californiaās clean energy workforce of the future and economic opportunities for communities
āCalifornia has created more opportunities, more jobs, and more businesses than any other state, but we need to ensure that weāre all moving forward together. Through this new council and these investments, weāre aligning all of our economic resources to create more jobs, faster for Californians in every community,ā Governor Newsom said.
āThe California Jobs First Council is another piece of the puzzle in the Governorās pursuit of creating a California For All,ā said Myers. āI am looking forward to working with my colleagues to align strategic investments that further economic growth and job creation in every region of California.ā
The Council will coordinate the development of a statewide industrial strategy that includes a statewide economic snapshot and identification of priority sectors, a statewide projects portfolio, a business expansion, attraction, and retention strategy, and a workforce development strategy.
The California Jobs First Council will also support the regional Jobs First Collaboratives to expand industry and create jobs locally.
The California Jobs First Council is an integral component of Californiaās broader strategy to prepare students and workers for high-paying careers. The Council will work alongside the Council for Career Education and in line with the Governorās 2023 Executive Order that directed the creation of a Master Plan for Career Education to ensure that Californians have career pathways, develop the skills and find even more opportunities to be full beneficiaries of our state’s economy.
The Master Plan is largely aimed at aligning and simplifying the K-12, university, and workforce systems in California to support greater access to career education and jobs for all Californians. In connection with the Master Plan for Career Education, the Jobs First Operational Plan will highlight the ways in which workforce development can and should be a tool used by the State and the regional Jobs First Collaboratives to help Californians, particularly the most disinvested communities, in meeting the specific skillset needs of the Stateās and our regionsā priority industry sectors.
In 2021, Newsom launched the $600 million Regional Investment Initiative (formerly the Community Economic Resilience Fund, or CERF) to create high-quality, accessible jobs and help build resilience to the effects of climate change and other global disruptions impacting the stateās diverse regional economies.
This investment has supported the creation of Jobs First Collaboratives in each of the stateās 13 economic regions, with representation from a wide variety of community partners including labor, business, local government, education, environmental justice, community organizations and more. These Collaboratives are in the process of developing roadmaps, including a strategy and recommended series of investments, for their respective regions.
Today, Governor Newsom announced that the state has awarded $14 million to each of the 13 Jobs First Collaboratives ā $182 million total ā to invest in sector-specific pre-development activities, enabling regions to take projects from exploratory and last-mile to ready-to-go projects that can access local, state, and federal funds, as well as private and philanthropic investments. The 13 Jobs First Collaboratives cover every region of the state: North State, Capitol, Redwood Region, Bay Area, North San Joaquin Valley, Eastern Sierra, Central San Joaquin Valley, Orange County, Los Angeles County, Kern County, Central Coast, Inland Southern California, and the Southern Border.
āCalifornia Jobs First represents a very intentional, inclusive approach to economic and workforce development,ā said Stewart Knox, Secretary of the California Labor & Workforce Development Agency. āBy maximizing state resources and investments, the state is empowering communities to chart their own futures in a manner that is inclusive and equitable.ā
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