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San Francisco gears up to battle Justin Bieber

San Francisco City Attorney Dennis Herrera – already a hero to some for defending marriage rights, gun laws and the city’s universal health care ordinance – could soon cement his legal reputation with the noblest undertaking of them all: bringing the hammer down on Justin Bieber.

Bieber graffitiHerrera sent a letter Monday to executives at Def Jam Recordings and Universal Music Group – the Canadian scourge’s record label and distribution company – demanding that they cooperate in identifying and punishing those responsible for a guerrilla marketing campaign for Bieber’s new album, “Purpose,” involving stenciled, spray-painted messages on public sidewalks.

Herrera called the graffiti vandalism “illegal and actionable,” and vowed to “aggressively pursue all available penalties and costs from those responsible for lawless marketing tactics that intend to financially benefit your respective companies.”

According to Herrera’s office, San Francisco Public Works workers have been responding for several weeks to neighborhood complaints about the stenciled ads. In his letter, Herrera notes that other recent instances of illegal sidewalk advertising was chalk-based, but the Bieber-tagging looks to have been applied with permanent spray paint.

State and local laws let his office pursue civil litigation for such unlawful guerrilla marketing practices, and such lawsuits could secure court-ordered injunctions, civil penalties of up to $2,500 for each violation, and restitution for fees and costs if successful. Herrera’s office has successfully resolved similar violations by perpetrators including IBM, NBC Universal, Turner Broadcasting and Zynga; past disputes also involving illegal sidewalk graffiti ads ended with financial settlements to compensate city taxpayers for all costs, civilly punish wrongdoing, and publicly discourage such illicit conduct by other would-be commercial vandals.

“This prohibited marketing practice illegally exploits our City’s walkable neighborhoods and robust tourism; intentionally creates visual distractions that pose risks to pedestrians on busy rights of way; and irresponsibly tells our youth that likeminded lawlessness and contempt for public property are condoned and encouraged by its beneficiaries – including Mr. Bieber and the record labels that produce and promote him,” Herrera wrote to Def Jam CEO Steve Bartels and Universal Music General Counsel and EVP Jeffrey Harleston.

The city certainly is grappling with… well… smellier street problems than this, but still doesn’t want the Bieb plastered all over its sidewalks at any time, and especially not during the upcoming festivities surrounding Super Bowl 50. Herrera’s letter said he’s working with the Board of Supervisors on legislation to “substantially enhance civil penalties” for illegal guerilla marketing tactics, and Supervisor Aaron Peskin already has begun drafting it.

“Graffiti abatement and prevention are important aspects of protecting the quality of life in San Francisco neighborhoods,” Peskin said in Herrera’s news release. “Unfortunately, current penalties for ‘guerrilla marketing’ graffiti seem to reflect an acceptable cost of doing business by irresponsible companies competing for consumers’ attention. It’s clear that we need to enact tougher penalties to more effectively discourage this practice.”

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Oakland, SF education officials meet with Obama

Three California education officials – including two from the Bay Area – met Monday morning with President Barack Obama and U.S. Secretary of Education Arne Duncan to highlight the need for funding as Congress mulls a new budget and a revamp of the No Child Left Behind law.

Jumoke Hinton HodgeOakland Unified School District board member Jumoke Hinton Hodge, San Francisco Unified School District Superintendent Richard Carranza and Fresno Unified School District Superintendent Mike Hanson were among the dozen officials from across the nation who met with Obama and Duncan at the White House.

All were from districts that are part of the Council of the Great City Schools; Hodge chairs the board of that national organization, which represents the needs of urban public schools. School districts eligible for membership must be located in cities with populations over 250,000 and student enrollment over 35,000.

Obama said in the meeting that he’s ready to fight with Republicans for school funding and his education priorities, the Associated Press reported. He hopes that Republican lawmakers focus on educating every child and not shifting money away from needy districts, he said; he’s also calling for a focus on low-performing schools, annual assessments and investments in special education and English-language learners.

If the Republican budget doesn’t reflect those priorities, he said, they will have “a major debate.”

“My hope is that their budget reflects the priorities of educating every child,” he said, according to a pool report from the New York Post’s Geoff Earle. “We are making too much progress here … for us to be going backwards now.”

Obama and Duncan are touting improved high-school graduation rates as evidence that the administration’s policies are working. In California, the high school graduation rates from 2012 to 2013 increased by 2.4 percent overall, including a 2.7 percent increase for Hispanic students and a 2.1 percent increase for African-American students.

Richard CarranzaHinton Hodge is co-founder of the Parent Leadership and Engagement Academy Initiative (PLEA), a community-building project dedicated to the education and support of West Oakland parents and families. She collaborated with California Tomorrow to develop programs aimed at increasing parents’ ability to navigate the public school system; has worked extensively with low-income youth and students identified as severely emotionally disturbed; and she has provided gender-specific services to urban girls.

Carranza has been San Francisco’s schools superintendent since June 2012; earlier, he had been the district’s deputy superintendent of instruction, innovation and social justice at the district since 2009.

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9th Circuit refuses to block SF gun controls

The 9th U.S. Circuit Court of Appeals has upheld a lower court’s refusal to block San Francisco’s requirement that handguns be locked up when they’re not being carried, and the city’s ban on sale of hollow-point ammunition.

hollow-point ammoThe National Rifle Association, an organization of former police officers and several individuals sued in 2009. A federal judge in 2012 refused to issue a preliminary injunction blocking the rules’ enforcement; a three-judge panel of the appeals court affirmed that ruling Tuesday.

The plantiffs had argued that there are times – such as when sleeping or bathing – that carrying a handgun is impractical, yet having to retrieve the weapon from a locked box or trigger lock could impair their right to self-defense. San Francisco argued that firearm injuries are the third-leading cause of death in the city, and having unlocked firearms in the home increases risk of gun-related injury, especially to children.

“San Francisco has drawn a reasonable inference that mandating that guns be kept locked when not being carried will increase public safety and reduce firearm casualties,” Circuit Judge Sandra Ikuta wrote.

And the hollow-point ammo ban “does not prevent the use of handguns or other weapons in self-defense,” the judge wrote. “The regulation in this case limits only the manner in which a person may exercise Second Amendment rights by making it more difficult to purchase certain types of ammunition.”

San Francisco’s evidence more than “fairly supports” its conclusion that hollow-point bullets are more lethal than other types of ammunition, Ikuta wrote.

The court recognizes the significance of the Second Amendment right to keep and bear arms, “but we also recognize that the Second Amendment right, like the First Amendment right to freedom of speech, may be subjected to governmental restrictions which survive the appropriate level of scrutiny,” she wrote. “Because San Francisco’s regulations do not destroy the Second Amendment right, and survive intermediate scrutiny, the district court did not abuse its discretion in concluding that Jackson would not succeed on the merits of her claims.”

Chuck Michel, the NRA’s West Coast counsel, issued a statement saying there’s “confusion and inconsistency” about what legal standards to use when evaluating Second Amendment challenges.

“This case provides a perfect vehicle for these important issues to be resolved, either by the Ninth Circuit en banc or by the Supreme Court, and we will seek review immediately,” Michel said. “We are hopeful that the Supreme Court will clarify that it meant what it said in its decisions from 2008 and 2010 — that the Second Amendment is not a second class constitutional right.”

The NRA more recently has sued to block enforcement of San Francisco’s new ban on possession of ammunition magazines that hold more than 10 rounds. A federal judge in February refused to issue a preliminary injunction blocking the ordinance’s enforcement, so it’s scheduled to take effect April 7.

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Judge refuses to stop SF’s ammo magazine ban

A federal judge on Wednesday refused to issue a preliminary injunction blocking San Francisco’s new ban on possession of ammunition magazines that hold more than 10 rounds, and so the law will take effect as planned on April 7.

The state’s assault weapon ban has forbidden such magazines’ manufacture, sale or transfer since 2000, but let people who owned them before then keep them. San Francisco supervisors on Oct. 29 unanimously approved a ban that will require owners to get rid of them – turn them over to police, remove them from the city, or transfer them to a licensed firearms dealer – within 90 days, no matter when they were bought.

30-round magazineThe San Francisco Veteran Police Officers Association, backed and represented by the National Rifle Association, sued in November to prevent the new law from taking effect. But U.S. District Judge William Alsup issued a 12-page ruling Wednesday that concluded immediate enforcement is in the public interest.

“In assessing the balance of equities, those rare occasions must be weighed against the more frequent and documented occasions when a mass murderer with a gun holding eleven or more rounds empties the magazine and slaughters innocents,” Alsup wrote. “One critical difference is that whereas the civilian defender rarely will exhaust the up-to-ten magazine, the mass murderer has every intention of firing every round possible and will exhaust the largest magazine available to him. On balance, more innocent lives will be saved by limiting the capacity of magazines than by allowing the previous regime of no limitation to continue.”

The judge also noted that 86 percent of mass shootings in the past 30 years involved at least one magazine that could hold more than 10 rounds, and more people are injured and killed per mass shooting with such magazines than without. “San Francisco’s interest in preventing another Sandy Hook tragedy constitutes a ‘critical public interest.’”

A spokesman for Chuck Michel, the NRA’s West Coast counsel, said the plaintiffs will appeal Alsup’s ruling.

City Attorney Dennis Herrera issued a statement applauding the decision.

“The U.S. Supreme Court has been very clear that state and local governments are constitutionally entitled to enact reasonable firearms regulations, and that Second Amendment rights aren’t unlimited,” he said. “Unfortunately, the NRA is pushing a radical litigation strategy that goes far beyond what’s reasonable. I’m grateful to the district court for drawing that distinction in persuasive terms.”

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SF Sheriff wants to sign inmates up for insurance

San Francisco Sheriff Ross Mirkarimi wants authority to help county jail inmates submit applications for health insurance under the nation’s new law.

Mirkarimi proposes that San Francisco’s Board of Supervisors pass an ordinance to designate his department for such work. It would be one of the first county jail systems in the nation so designated.

The sheriff said many inmates have mental health problems, addictions and other chronic health problems, yet have neither health insurance nor money to pay for medical care after they’re released. Coverage provided under the state’s newly expanded Medi-Cal program for the poor, or bought with a subsidy through the Covered California insurance exchange, would aid these inmates’ re-entry into the community and “have the potential to positively affect public health and recidivism,” his news release said.

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NRA sues San Francisco over ammo magazine ban

The San Francisco Veteran Police Officers Association, represented by the National Rifle Association, sued San Francisco in federal court Tuesday over the city’s recently enacted ban on possession of ammunition magazines that hold more than 10 rounds.

“Prohibiting the citizens of San Francisco from possessing standard firearm magazines is not an effective means of targeting behavior by violent criminals. The San Francisco Veteran Police Officers Association is challenging this law for that very reason,” said Chuck Michel, the NRA’s West Coast counsel. “This is a misguided effort to dismiss the civil rights of the residents of San Francisco. The Second Amendment forbids the city from banning common firearm magazines that are possessed by law-abiding citizens for lawful purposes.”

San Francisco supervisors on Oct. 29 unanimously approved a ban on possession of ammunition magazines that hold more than 10 rounds. The state’s assault weapon ban has forbidden their manufacture, sale or transfer since 2000, but let people who owned them before then keep them; the city’s possession ban will require owners to get rid of them – turn them over to police, remove them from the city, or transfer them to a licensed firearms dealer – within 90 days, no matter when they were bought.

The ordinance is set to take effect Dec. 8, unless a judge issues an injunction halting that.

The lawsuit filed Tuesday notes that magazines that are in common use for lawful purposes are protected by the Second Amendment, and magazines that hold more than 10 rounds have been around since the 19th century and some standard with many modern firearms.

“Self-defense is the ‘central component’ of the Second Amendment right to keep and bear arms that is at its zenith within the home,” the lawsuit argues. “Millions of individual, law-abiding American citizens are currently in possession of standard-capacity magazines that are capable of holding more than ten rounds, that are now banned by Section 619.”

“Plaintiffs should not have to face criminal prosecution by the City for exercising their constitutional rights to keep and bear constitutionally-protected arms or, alternatively, give up those rights in order to comply with Section 619,” the lawsuit says.

Besides the organization for retired cops, other plaintiffs include several individual San Francisco residents who want to own higher-capacity magazines for self-defense or sporting purposes.

Sunnyvale voters this month approved Measure C, which requires gun owners to notify police within 48 hours of the loss or theft of their firearms, and to keep firearms locked up when not in the owner’s immediate possession. It also requires ammunition sellers to keep buyers’ names for two years, and includes a magazine possession ban similar to San Francisco’s. The NRA has vowed to sue that city, too.

UPDATE @ 12:58 P.M.: This just in from San Francisco City Attorney Dennis Herrera:

“The NRA is continuing its attack on common sense with its lawsuit today, and San Francisco is prepared to litigate aggressively to defend gun safety laws that save lives.

“The NRA is clearly focused on a litigation strategy to push its extremist agenda. But the U.S. Supreme Court—even in expanding the Second Amendment’s scope—has been unequivocal that state and local governments are constitutionally entitled to enact reasonable firearms regulations. The high court has explicitly recognized that the constitution does not extend an unfettered individual right to keep and carry dangerous and unusual weapons. I have faith that the federal judiciary will agree that San Francisco’s gun laws protect public safety in a manner that’s both reasonable and constitutional. San Francisco has been one of the NRA’s top targets for years, and I’m proud of the success we’ve made to protect our sensible gun safety laws.”