Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Month: May 2017

What The H**l Happened Down There?

The Question – What the H**l Happened Down There?

Me at the CDP General Session on Sunday!

What the hell was going on down there? That was actually the question. “Down there” is Sacramento, California, and yes, it was wild!

The upheaval within the Democratic Party came home to California this past weekend. The deep discontent that I saw simmering just below the surface at the CDP Convention last summer in San Jose blew up the house in Sacramento.

And it seems the party leadership never saw it coming. So when it happened, they had no idea how to deal with it.

This weekend, Eric Bauman became the Chair of the California Democratic Party. His mission, “should he decide to accept it,” is to repair the breach of trust and unify the base. It is his mission, his job, his responsibility. It’s why he now will get paid “the big bucks.”

So, why all the fuss? What the hell happened down there?

My Report on the Convention

So what happened (from my view) is that the delegates had a clear choice between (a) someone relatively new to the party and (b) someone who had waited years for “his turn.” A choice between (a) an outsider with a track record of recruiting and training women to successfully run for office and (b) the ultimate insider who presides over a party chapter with a history of exceptionally low voter turnout.

Kimberly Ellis

It was a clear choice between (a) someone who managed to unify Berniecrats and Hillary supporters, and (b) someone who will have a very difficult time gaining the trust and support of new people who came alive in the party because of Bernie Sanders.

 

An obvious choice between (a) an energetic smiling young Black woman and (b) a somewhat “entitled” middle-aged gay man. Their positions remind me a lot of the contest Barack Obama and Hillary Clinton in 2008.

I know some people want to make Kimberly “an angry Black woman.” And some perceive Eric as “your mean older brother.” Their personalities was not the deal-breaker for me, anymore than their age, race or sexual identity. Make no mistake. I supported Kimberly Ellis for Chair. What mattered most to me were two things: (a) who had the best vision for the future of the Democratic Party; and (b) who had conflicts of interest that might impact his ability to advocate for the needs of everyday people. Kimberly’s message about redefining what it means to be a Democrat was inspiring, particularly in light of the party’s failures for at least the past two decades.

Fortunately, the contest was not simply a case of “identity politics.”  It is well known that many Black politicians do not support Kimberly. Most notably the Chair of the CDP African-American Caucus. I know gay men who did not support Eric. Still, it troubles me that Black women have the highest voter turn-out as Democrats (meaning we are the backbone of the Democratic Party), yet, we do not have a single Black woman in charge of a statewide Democratic Party. Not here, not there, not now, not ever. This is a big problem for the Democratic Party.

Who Turned Off the Mike on Auntie Maxine?

Then there was the insulting treatment of senior political matriarch, Congresswoman Maxine Waters. On Saturday night, as Kimberly’s candidacy was going down in flames, a young white man decided to interrupt Maxine Waters’ speech. In full view of the African-American Caucus. He was completely un-intimidated. He stepped up to the Congresswoman and told her to stop talking. She just happened to be giving her bad report on No. 45. And talking bad about No. 45 “for real.” It seems that the young man could not take it. So he just walked up and interrupted her. When she would not stop talking, he turned off her mike.

What really scares me is that if he wanted to harm her, he could have. Maxine Waters is an America icon. She is currently serving her 13th term in Congress.  She was elected in 1990. Congresswoman Waters has served on the Democratic National Committee (DNC) since 1980. She was a key leader in five presidential campaigns: Sen. Edward Kennedy (1980), Rev. Jesse Jackson (1984 & 1988), and President Bill Clinton (1992 & 1996).  Before she went to Congress, she spent 14 years in the California State Assembly.

In the California Assembly, “Auntie Maxine” as she is fondly called, served as the Democratic Caucus Chair and is credited with pushing some of the boldest legislation California has ever seen. She lead the fight for divestment of state pension funds from South Africa. She authored landmark affirmative action legislation; the nation’s first statewide Child Abuse Prevention Training Program; the prohibition of police strip searches for nonviolent misdemeanors; and the introduction of the nation’s first plant closure law.

Outrage and Accountability

The way that this man boldly stepped up and interrupted Auntie Maxine was absolutely shocking. I seriously doubt that he would have stepped to Congressman Paul Ryan or Congressman Kevin McCarthy in such a way. Certainly, he would not have turned off the mike while either one of those Congressmen was still speaking. The entire African-American Caucus is outraged by such blatant disrespect. Even those of us who were not there. The video is quite alarming!

So, one of Eric Bauman’s first tests on accountability to the party is how he responds to the complaint lodged by the African-American Caucus. Mr. Bauman not only has to address the outrage of Kimberly’s supporters (who booed him from the floor on Sunday and then walked out), but also the outrage of those who have love and respect for Auntie Maxine.

Mr. Bauman needs to get busy right away! Otherwise, he may never gain the credibility he needs to lead us in the fight against Trump!

 

Stop The Violence Now

A Department of Violence Prevention in Oakland

On Tuesday, May 16, 2017, starting at 5:30 p.m. the Oakland City Council will decide a question of urgent priority. The question is whether to establish a Department of Violence Prevention (DVP).

Or whether to accept Mayor Libby Schaaf‘s goal to reduce violent crime by a mere 10% using the same old failed methods. A coalition of community groups along with Councilmembers Lynette McElhaney, Larry Reid and Rebecca Kaplan are calling for people to show up at the Oakland City Council meeting. If you cannot make the meeting, you should contact Councilmembers Dan Kalb, Abel Guillen, Annie Campbell, Noel Gallo and Desley Brooks.

Why This, Why Now?

It’s 1999.  I’m standing in front of City Hall with my two young grandsons. Both of them are still in elementary school. We are part of the Acts Full Gospel Church‘s weekly rallies against gun violence in Oakland. The faith community wants the killings in Oakland to stop. We want City Hall to take action to stop the violence in Oakland.

In 2001-2002, there is a rash of killings of young Black men in a part of Oakland known as “Ghost Town.” I sue the City on behalf of the family of 21-year-old Chance Grundy. A man murdered Chance because Chance witnessed a murder and cooperated with the police. The police let it be known that Chance was a cooperating witness. The murderer let it be known that he wanted Chance to “sleep with the fishes.” We lose the case. It turns out that (in real life, not like in the movies) the police have no duty to protect witnesses even when they know the witness is in danger.

Fast forward to January 11, 2013.  My friend Brenda Harbin‘s beloved grandson, Ken Harbin, Jr. is shot and killed. Four people are killed that day in Oakland. In the wake of Ken’s murder, we stand on street corners with Soldiers Against Violence Everywhere (S.A.V.E.). Once again, we ask the City to take action to stop the violence in Oakland.

Every grandmother and mother’s nightmare, the loss of a beloved child.  A dream struck down and unfulfilled by a senseless act of violence.

America’s Gun Violence Problem

America’s “gun culture” is totally unique. We own way more guns privately than other countries, and we have the highest gun ownership per capita rate in the world. Gun violence has long been deemed a public health crisis. A March 2016 study in the American Journal of Medicine found that 90% of all women, 91% of children under 14 , 92% of youth aged 15 to 24 years, and 82% of all people killed by firearms in the world were from the United States.

In 2010, the number of homicides by guns in the U.S. was at least 9,960. The Centers for Disease Control reported 11,078 firearm-related homicides that year. By comparison, there were only 173 gun homicides in Canada, 155 in the United Kingdom, 158 in Germany and 142 in France. Sweden had only 30 homicides by gun. Japan had only 11 people killed with guns.

Credit: Ma’ayan Rosenzweig/ABC News

Currently, the U.S. is ranked 4th out of 34 developed nations for the incidence of homicides committed with a firearm.  A young man here aged 15–24 is 70 times more likely to be killed with a gun than his counterpart in the eight largest industrialized nations in the world. These include the United Kingdom, France, Germany, Japan, Canada, Italy and Russia.

In 2015, there were 372 mass shootings and 33,636 deaths due to firearms in the U.S. That same year, guns were used to kill only about 50 people in the U.K. More people are killed with guns in the U.S. in a day (about 85) than in the U.K. in a year.

The Race-Based Rationale for Guns

Efforts to control guns in America have stumbled on the “right to bear arms” clause in the Second Amendment to the Constitution. What is often overlooked is the history of the Second Amendment. It was added as a compromise to protect the slave patrols in the South. The Founders knew the militias were necessary to keep the slaves under control. The Supreme Court has interpreted and protected the Second Amendment regardless of the consequences.

In 2002, Michael Moore wrote, produced, directed and narrated Bowling for Columbine.  The film highlighted the racist underpinnings of the Second Amendment. However, the Film’s main point, that our violent crime rate is substantially higher than other nations, seems to have been lost over time.

Support the Department of Violence Prevention

Gun violence in Oakland has remained steady.  In 1999, the County Board of Supervisors passed a strong gun control law. The Board reacted to a “rash of gun-related violence” in Alameda County. The Board found that “gunshot fatalities are of epidemic proportions in Alameda County.” That law was immediately attacked based on Supreme Court decisions. While the case was pending, the County retreated and announced that gun shows would be allowed on County property.

Our Mayor opposes the proposal to create a Department of Violence Prevention (DVP). We need to support the goal to reduce homicides by 80% and achieve an 80% clearance rate within 3 years. The Mayor wants to increase funding for law enforcement,  but “budgets are statements of priorities.” Our priority has to be to reduce gun violence, domestic violence and commercial sexual exploitation of our children.

We need the DVP. Let’s make 2017 the year that we cure the disease of preventable violence and death in Oakland. We cannot expect different results by doing the same thing over and over again.

Trump’s Secret Assault

I’m sitting and waiting for the healthcare vote. I’ve watched nervously over the last few days as the forces of Trump gathered in secret.  It is clear they intend to deliver a savage blow to healthcare in America. As a result, it is clear that now, more than ever, we need single payer healthcare in California.

The Healthy California Act – SB562

SB562 is a Senate bill in the California State Legislature that proposes to provide free healthcare for all Californians. Single-payer health care is a system in which the government, rather than private insurers, pays for all healthcare costs. Healthy California is a campaign of over 4 million Californians committed to guaranteeing healthcare for the residents of our state.

 

In a 2003 study, Americans spent 7.2% of our Gross Domestic Product (GPD) on health care. By comparison, it found that citizens in Europe, Japan, New Zealand, Canada and Australia spent less than 2.6. Their healthcare costs were covered by their governments. A 2010 study found that Americans continue to spend way more on our healthcare than other similarly-situated countries.

Source: Wikipedia/Sugar Baby Love

Our failure to provide universal healthcare in America also hurts our financial status in the world. A comparison of our credit rating to other countries with universal healthcare makes it clear we need single payor healthcare.

Source: Huffington Post

SB562 is a Senate bill in the California State Legislature that proposes to provide healthcare for all Californians. On April 26, 2017, the California Legislature moved SB562 forward. It would provide full healthcare coverage for all Californians. The advances from Obamacare would be folded into the new system. It will eliminate “co-pays” “out-of-pocket costs” and “deductibles.” These are the private expenses that are driving all of us to the poorhouse. SB562 will lower prescription costs which really hurt people when they are sick and need help the most.

Reproductive Injustice

According to the U.S. Dept. of Health & Human Services, the infant mortality rate is one of the most widely used measures for the overall health of a community. Leading causes of death among infants are birth defects, preterm delivery, low birth weight, Sudden Infant Death Syndrome (SIDS), and maternal complications during pregnancy. Infant mortality continues to be a major problem in the U.S. although the rate is dropping.

In Alameda County, 619 babies died prematurely between 2006-2012, compared to 56 in Marin.  Alameda County’s infant mortality rate is consistently higher for Black and multiracial women than women in other ethnic groups. It is 3 times higher for Black families as white families in Alameda County, and almost that high in Contra Costa County.

West Contra Costa County became a medical desert in 2014 with the closure of Doctor’s Medical Center. Residents of 8 cities, Hercules, Pinole, San Pablo, El Sobrante, El Cerrito, Albany, Richmond, Kensington and the surrounding incorporated areas have to travel to Berkeley or Oakland for emergency medical care. The current crisis in West County is the result of decades of racial injustice in healthcare and other social services in Contra Costa County.

Studies also show an increase in pregnancy mortality rates in recent years. Again, Black women are dying at significantly higher rates:

  • 40.4 deaths per 100,000 live births for black women
  • 16.4 deaths per 100,000 live births for women of other races
  • 12.1 deaths per 100,000 live births for white women

Reproductive Injustice is still pervasive in our healthcare system by race and gender.

The Urgency of Now!

These statistics make it clear that NOW is the time for universal healthcare.  That the fight for single-payer healthcare is a social, racial, gender and economic justice issue.  Having free access to quality healthcare is one of the pressing human rights fights of our time.  Indeed, lives are at stake and every day counts! I urge everyone to join and support the Campaign for a Healthy California!  #HealthyCA