Download the Observer Interactive app today! Deeper content. Story videos. Active ads. Live Shopping.
In In any any edition, edition, simply simply scan scan images images or or ads ads with with the the O O Interactive Interactive logo logo using using a a smartphone smartphone or or tablet. tablet.
Available on
Google Play App Store
News Observer Bakersfield
Volume 47 Number 8
Serving Kern County for Over 47 Years
Observer Group Newspapers of Southern California
Next Week, California Voters Could Get Rid of
Cash Bail Statewide Quinci LeGardye California Black Media As cities across California take a closer look at unfair practices in the criminal justice system, Proposition 25 offers a statewide policy that could aid their efforts: getting rid of cash bail. The ballot measure, which is based on SB 10, a bill former Gov. Jerry Brown signed into law two years ago, would replace cash bail with risk assessments for suspects awaiting trial. Currently California uses a cash bail system that allows suspects to pay a cash bond to be released from jail with the promise to return to court for trial, at which point the cash bond is repaid. If Prop 25 passes, cash bail would be replaced with a risk assessment system that categorizes suspects as low risk, medium risk, or high risk, with suspects for misdemeanors exempt from needing a risk assessment. Under the new system, suspects who are categorized as low risk and likely to appear in court – and are also a low risk to society -- would be released from jail before trial, and those deemed high risk would remain in jail. The state Judicial Council would decide what the risk assessment tools would be, with the proposition mandating that “tools shall be demonstrated by scientific research to be accurate and reliable.” The California Legislature approved SB 10 during the 2018 session, and former Gov. Jerry Brown signed it into law on Aug. 28 that same year. The next day, opponents filed a referendum to overturn the bill, which prevented the law from being scheduled to take effect in 2019. Opponents gathered enough support to move it to a 2020 ballot initiative, which means the decision to overturn or uphold Prop 25 now falls to voters on Election Day next week. Supporters of Prop 25 argue that the cash bail system is inherently unfair, where wealthy people can pay their way out of jail and poor people with the same likelihood to appear or not appear for trial have to stay imprisoned.
They say that the risk assessment system will make public safety the guiding factor to determine which suspects have to stay in jail before trial. They also argue that they system will allow more poor people to go free before awaiting trial, which would save money for local jails. Supporters also argue that the cash bail system is deeply inequitable. They say that people who cannot afford bail are more likely to take a plea deal after months of sitting in jail while possibly losing their jobs and homes. Those who can afford it, can avoid or minimize jail time and be less impacted by the implications of their arrest. Supporters include the California Democratic Party, the Service Employees International Union (SEIU) and the California Medical Association -- as well as Gov. Gavin Newsom and U.S. Congresswoman Karen Bass (D-CA37). “For years, California has proudly led the way on fundamental civil rights and criminal justice reform but, as we’ve witnessed firsthand across our country, there’s more we must do to root out racial inequity and structural bias and to embrace proven reforms that work. This November, state voters will once again have the opportunity to make California a national leader in the unfinished fight for equity and justice,” said Newsom. Opponents of Prop 25 argue that the risk assessment system could be potentially worse than cash bail, with a high possibility that racial profiling could be used in the assessment process. Also, they argue that implementing the system would be too expensive, as the proposition’s fiscal impact statement says it would cost “possibly in the mid hundreds of millions of dollars annually” for the new system. Opponents include the Republican Party of California, the ACLU of Southern California, the California Business Roundtable and the California Black Chamber of Commerce. Prop 25 is also opposed by the commercial bail bond industry, which would be disrupted if the proposition
is passed. The American Bail Coalition organized the political action committee Californians Against the Reckless Bail Scheme that filed the veto referendum in 2018. Representatives of the bail industry argue that risk assessments are no better than cash bail, that they are potentially more costly and that more people who go free before trial may commit more crimes before trail. “This legislation is a reckless attempt at changing the state’s bail system and is fundamentally bad for California. While we all agree that bail reform is necessary, this costly, reckless plan will use racially-biased computer algorithms to decide who gets stuck in jail and who goes free. That’s not right,” said Jeff Clayton, spokesperson for Californians Against the Reckless Bail Scheme.
Propositions Cheat Sheet
(Part 3 of 3 Part Series)
Quinci LeGardye California Black Media 2020 is a big election year. With all eyes on the presidential race, Californians can’t afford to lose sight of our state and local elections. These decisions need the same amount of consideration being given to the big race. They are the ones with the most -- and the most immediate -effects on you and your family’s safety, quality of life and finances. This year, California as a whole is reckoning with some big changes. The 12 qualified propositions on the ballot cover many issues, including tax codes, voting rights, workers’ rights and affirmative action. The results of these ballot measures will affect every life in California in some shape or form, and it’s important that voters understand them and make informed decisions on how to vote. Prop 22 - Exempts App-Based Transportation and Delivery Companies From Providing Employee Benefits to Certain Drivers. Initiative Statute Prop 22 is about employment classification for rideshare and delivery drivers, affecting the companies
Uber, Lyft and DoorDash, among others. If it passes, these companies will be allowed to continue to classify their drivers as independent contractors with benefits from those app-based companies, including a base wage and healthcare subsidies. Currently, these drivers are legally classified as employees under AB-5. Proponents of the ballot measure argue it would allow gig drivers, who are majority African American and Latino, to keep their flexibility and continue earning income in a turbulent economy. Those against Prop 22 argue that it would allow the companies to underpay their drivers, and exempt gig companies from providing standard benefits that drivers need, like unemployment insurance, paid time off, and workers compensation. Prop 23 - Authorizes State Regulation of Kidney Dialysis Clinics. Establishes Minimum Staffing and Other Requirements. Initiative Statute. Prop 23 regards state regulation of dialysis clinics. If Prop 23 passes, all dialysis clinics would require at least one licensed physician on site during treatment. It would
also require clinics to report infection data to state health officials and require state approval for clinics to close or reduce services. State and local health care costs would increase due to increased dialysis treatment costs. Supporters of Prop 23 argue that the regulations are necessary to keep large dialysis corporations in line. Opponents of Prop 23 argue that many dialysis clinics would have to restrict hours or shut down if they had to pay a licensed physician, and that dialysis patients would have trouble affording increased treatment costs. They also note that the proposition does not require that the physicians have any specialized knowledge in dialysis or kidney function. Prop 24. Amends Privacy Laws. Initiative Statute. Prop 24 concerns consumer data privacy laws, which prevent businesses from sharing personal information gathered digitally, including from websites. If passed, it would strengthen the California Consumer Privacy Act by letting consumers tell businesses to limit the use of their sensitive data, such as an individual’s exact location and Continued on page A2
Why the 2020 Vote Matters More than Ever to African Americans By Stacy M. Brown NNPA Newswire Senior National Correspondent Her father survived Jim Crow and saw the evolution of the vote in America, so Lex Scott speaks from a unique perspective when she champions African Americans’ historical significance casting their ballots. “When my father voted, his life was at risk,” remarked Scott, the president of the Black Lives Matter Utah Chapter. “Black people were also filled with many obstacles that prevented them from voting. Some had to be landowners; some had to be sponsored by white personnel,” Scott recalled. “Some had to pay fees. Some were tested. Many people died for that right. It is too important for us not to vote, and if we want to have a democracy, we need to participate in it. We can’t hope that situations will change. We have to be active in helping candidates get elected who will create that change.” The fight for African Americans’ right to vote dates back to the late 1800s. Freed Blacks in New York briefly held the right to vote before the Civil War, and there were similar instances in other Northern states. “African American men were given the right to vote with the passage of the 15th amendment in 1870 as one of the Reconstruction Amendments after the Civil War, Brianna Mack, an assistant professor of politics and government at Ohio Wesleyan University, wrote in an email to BlackPressUSA. “The Reconstruction era ended in 1877 with President Rutherford B. Hayes explicitly ending federal oversight of Southern states to fund public schools, establish charitable institutions, raise taxes, and fund public improvements to incorporate newly freed Blacks into the fabric of daily life as citizens and equal participants in America,” Mack noted. During Reconstruction, the Black vote’s influence materialized as African Americans won election to local, state, and national offices. “Black men won election to state legislatures and Congress indicating an impending drastic social change,” Mack added.
“Starting in 1868, we see white supremacist groups, precursors to the Ku Klux Klan, use violence to suppress the Black vote, and fraud was rampant. Many congressional elections in the South were contested,” she continued. “Such tactics were used because white political leaders quickly realized that African Americans are independent political beings whose participation in elections can upset the ‘balance’ that previously existed without their involvement. These political leaders could not appeal to Black people and/or Black people were not responsive
Suppression efforts have continued, and, in 2013, the U.S. Supreme Court eliminated the federal government’s ability to block states’ voting restrictions. (Photo: iStockphoto / NNPA)
to their appeals because their appeals were rooted in the subjugation of the racial group i.e. for the foreseeable future, southern Democrats would/could not count on Black support.” President Lyndon Johnson signed the 1965 Voting Rights Act, which reinforced the 15th amendment of nearly a century earlier. The Voting Rights Act outlawed discriminatory voting practices and effectively provided African Americans the right to cast ballots freely.
Despite the 1965 law, Blacks were still denied the right to vote. In some cases, by violence and in many instances through suppression and misinformation tactics. One year after the Voting Rights Act, civil rights activist James Meredith was shot and wounded during a voter registration march between Tennessee and Mississippi. Undaunted, 4,000 African Americans registered to vote in Mississippi the day after the shooting as Dr. Martin Luther King Jr. and Stokely Carmichael joined the march. Suppression efforts have continued, and, in 2013, the U.S. Supreme Court eliminated the federal government’s ability to block states’ voting restrictions. In doing so, the high court effectively struck down a significant part of the 1965 Voting Rights Act, which has led to restrictive laws that have primarily affected African American voters. “In a general sense, the power of the vote is absolutely critical to the creation and maintenance of an equal society, and that’s why ruling classes fought the concept of universal suffrage for so many years in Europe and the U.S.,” remarked Amber Dozier, the managing partner, and chief strategy officer of the ABCD & Company, a Rockville, Maryland-based marketing firm. “In the case of African-Americans, voting is even more important because the laws of this nation have been historically designed in a way that leads to the de facto economic, cultural/social, and political subjugation or African-Americans,” Dozier added. “The Constitution, a document that framed the legal and political essence of America, declared the AfricanAmericans were three-fifths of a White person – all for the purpose of amassing political power through the vote.” She concluded: “This demonstrates that the Black vote has power and has always been a commodity to those in power, even when we were deprived of that right. Voting gives citizens, the power to shape the laws that govern their lives. In a sociopolitical climate where there is vehement debate over the appropriateness of saying ‘Black lives matter.’ AfricanAmericans must vote because our lives and the sanctity with which they are treated depends on it.”
Free!
Wednesday, October 28, 2020
Black Man Shot by Police in Iowa Settles Suit for $400,000
CEDAR RAPIDS, Iowa (AP) – A Black man who was shot by police outside an Iowa nightclub five years ago and alleged he was singled out because of his race has agreed to a nearly $400,000 settlement. Jovan Darnell Webb, 33, was wounded while attempting to pull out of the New World nightclub parking lot in Waterloo during a disturbance in April 2015. His suit also alleged excessive force, equal protection violations and battery on the part of the police officers, The Waterloo-Cedar Falls Courier reported. The lawsuit had been scheduled to go to trial this month in U.S. District Court in Cedar Rapids. The decision to settle for $399,999 was made by the city’s liability insurance carrier. The city’s attorney, David Baker, declined to comment. Waterloo officers had responded to the club around closing time because of a disturbance that included a report of possible gunfire. According to court records and testimony at pretrial hearings, a plainclothes officer saw Webb enter a car with a bottle and ran after the vehicle, calling for uniformed officers to stop him. Another officer stepped in front of the vehicle but dived out of the way when it bumped his legs because he was worried he was about to be run over. Fearing the officer was being dragged, two other officers began shooting at the car, striking Webb in the arm, abdomen and chest. Webb’s attorneys said he was stopped when the shooting started and only accelerated to get away from the gunfire. Webb drove to a nearby hospital, where officers searched his car in the parking lot and found a .22-caliber revolver. Webb was sentenced to probation after entering Alford pleas in 2017 to misdemeanor charges of assault on an officer, interference and carrying weapons. Under the plea, he didn’t admit guilt but acknowledged he would likely be convicted if the case went to trial.
Three Indiana Hospital Systems: Racism a ‘Public Health Crisis’
INDIANAPOLIS (AP) – Three central Indiana hospital systems have declared racism a public health crisis, calling social and economic inequities “a recipe for pain, suffering, premature mortality and civil protest.’’ Indiana University Health, Community Health Network and Eskenazi Health said in a joint statement issued Thursday that they are committing to a “culture of inclusion’’ that addresses and reduces discrimination. The health systems did not say if any single incident prompted their statement, but it followed a summer of unrest in Indianapolis and other cities following the May death of George Floyd, a handcuffed Black man who died in Minneapolis police custody after an officer knelt on his neck for more than eight minutes. The hospitals said they “seek to eliminate the systemic racism that disproportionately affects Black and Brown communities” and that “we stand united against racism, injustice and inaction.’’ They added that racism results in generational trauma and poverty, while causing higher rates of illness and death in Black and Brown communities. “Our society only truly thrives when everyone has an opportunity to succeed and live a healthy life,’’ the statement said. “We are committed to moving forward together. By harnessing the collective strengths of our organizations, we will help serve our communities as agents of change.’’ The hospitals are the latest to step forward as a group to take a stand against racism, the Indianapolis Business Journal reported. Earlier this month, some of central Indiana’s most prominent employers – including Anthem Inc., Cummins Inc. and Eli Lilly and Co. – signed the “Indy Racial Equity Pledge.’’ They promised in that pledge to continue the conversation about social justice into the months and years ahead.
Michelle Obama, Wynwood Group Unveil Digital Voting Murals
MIAMI (AP) – A Miami arts group has teamed up with former First Lady Michelle Obama to create digital murals across the country to help get out the vote. Obama’s nonpartisan voting organization When We All Vote and Goldman Global Arts unveiled 13 murals this month at arenas and stadiums throughout the country and in Times Square. Obama shared a pic of one of the murals on Instagram this week, saying “Art has the power to inspire and express our feelings in ways that words often can’t’’ and included the work of Chicago South Side artist Kayla Mahaffey.? Each city’s billboard will feature a local artist and a rotating digital display of their work focused on messages of civic engagement and voting history. Goldman Global Arts is the creative agency behind the popular tourist destination Wynwood Walls in Miami’s trendy graffiti-covered Wynwood neighborhood.