Pacific Sun 03.26.2010-Section1

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gram at UC Berkley and California Watch documented cities and police departments targeting Hispanic communities for sobriety checkpoints and safety stops. Critics of the tactic say that some cities view the stops as a cash cow, and some even have shady arrangements with towing companies and impound lots. An article in the New York Times about the traffic stops appeared recently and “stirred things up quite a bit,” says San Rafael City Councilman Greg Brockbank, who attended the MOC meeting. San Rafael has no franchises with towing companies as some other cities do, he says, and doesn’t use towing and impoundment to fill city coffers. The Police Department says it doesn’t target the Canal specifically for undocumented drivers. But in San Rafael, if a driver cannot produce a license, the vehicle gets impounded. That’s state law, says the city’s Police Department. San Rafael immigration lawyer Judy Bloomberg says it’s not that clear-cut. The law, she explains, says a police officer may impound a vehicle; it doesn’t say an officer shall. This distinction adds a level of discretion. In San Francisco, for instance, police officers allow an undocumented driver 20 minutes to call someone who has proper identification to get the

vehicle, preventing its impoundment. The San Rafael Police Department believes that state law allows no discretionary time limit and San Francisco is violating state law. (The MOC is researching the legal issues.) In Richmond, Bloomberg adds, the city passed a resolution that made driving checkpoints a low priority. Marin Supervisor Steve Kinsey also attended the MOC meeting. “It’s certainly an issue that needs to be solved on a statewide basis,” he says, “although I think there are some things that can be done to make it less troubling for folks.” Kinsey says other communities, including San Francisco and Napa County, have adopted regulations for “a positive ID card” that is sufficient for police. Police still can cite a motorist for driving without a license, but the person and the vehicle can be released because the police “know who they are.” Aguilar says the Canal community brought the issue to the MOC for action, and the first step was holding the March 17 meeting to allow officials to hear stories from Canal residents. “In the beginning,” she says, the officials said they would talk with state legislators about the issues. “We came back and asked them if they would work together with us to find solutions on the local level. They all said yes.” < Contact the writer at peter@pseidman.com.

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Storybook craftsman-style in one of Marin’s most beautiful neighborhoods. Kay Ford (415) 601-6355

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Enchanting retreat-like home nestled on the slopes of Mt Tam. Magical property! Kathleen Delehanty White (415) 755-8300

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Thank you for voting us one of the best Real Estate Companies in Marin

www.BradleyRealEstate.com 12 PACIFIC SUN MARCH 26 – APRIL 1, 2010


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