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9th Circuit refuses to block SF gun controls

By Josh Richman
Tuesday, March 25th, 2014 at 2:50 pm in gun control, San Francisco politics

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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Money update: SD10, AD15, AD16, AD25 & AD28

By Josh Richman
Tuesday, March 25th, 2014 at 12:52 pm in 2014 primary, Assembly, California State Senate, campaign finance

Here’s how the money is piling up (or not) in races for some of the Bay Area’s open state legislative seats; all figures are as of March 17.

10th STATE SENATE DISTRICT
Mary Hayashi (D) – $690,733 cash on hand; no debt
Roman Reed (D) – $72,336 cash on hand; $58,034 debt (incl. $40k loan from candidate)
Bob Wieckowski (D) – $152,440 cash on hand; no debt
Peter Kuo (R) – $109,594 cash on hand; $7,541 debt (incl. $5k loan from candidate)
Audie Bock (NPP) – no report

15TH ASSEMBLY DISTRICT
Elizabeth Echols (D) – $140,341 cash on hand; $28,159 debt (incl. $15k loan from candidate)
Clarence Hunt (D) – $30,950 cash on hand; $43,611 debt (loan from candidate)
Sam Kang (D) – $68,800 cash on hand; $13,918 debt
Pamela Price (D) – $20,020 cash on hand; no debt
Tony Thurmond (D) – $98,953 cash on hand; $35,331 debt
Richard Kinney (R) – no report
Eugene Ruyle (P&F) – no report
Bernt Rainer Wahl (NPP) – no report

16th ASSEMBLY DISTRICT
Newell Arnerich (D) – $66,823 cash on hand; $30,000 debt (loan from candidate)
Steve Glazer (D) – $429,608 cash on hand; no debt
Tim Sbranti (D) – $126,443 cash on hand; $27,817 debt
Catharine Baker (R) – $139,965 cash on hand; $1,886 debt

25th ASSEMBLY DISTRICT
Kansen Chu (D) – $201,723 cash on hand; $6,458 debt
Teresa Cox (D) – $65,186 cash on hand; $60,136 debt (incl. $58k loan from candidate)
Armando Gomez (D) – $230,622 cash on hand; no debt
Craig Steckler (D) – $123,480 cash on hand; $8,600 debt (incl. $5,100 loan from candidate)
Bob Brunton (R) – no report

28th ASSEMBLY DISTRICT
Evan Low (D) – $332,916 cash on hand; $2,036 debt
Barry Chang (D) – no report
Michael Hunsweck (R) – no report
Chuck Page (R) – $1,760 cash on hand; $2,000 debt (loan from candidate)

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Arnold Schwarzenegger ‘GETS TO THE CHOPPA!’

By Josh Richman
Tuesday, March 25th, 2014 at 10:56 am in Schwarzenegger

Once again, the former governor of the great state of California (from last night’s Tonight Show starring Jimmy Fallon):

Lest there be anyone out there who doesn’t get the reference: Predator (1987).

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CA17: Ro Khanna launches first TV ad

By Josh Richman
Tuesday, March 25th, 2014 at 9:42 am in 2014 primary, Mike Honda, U.S. House

Ro Khanna, taking on fellow Democrat Rep. Mike Honda, has launched the first television ad of the 17th Congressional District race.

“Ro shares the frustrations of Bay Area families who believe special interests have too much influence in Washington and are drowning out the voices of the American people,” Khanna campaign manager Leah Cowan said in a news release. “Ro knows that we can’t change Congress overnight, but he’s committed to leading by example and fighting for the change that the people in the 17th district deserve.”

Khanna campaign spokesman Tyler Law refused to say how much was spent to air the ad, or where or when specifically it will air. “It’s a significant buy and the ad will be airing on TV across the 17th District,” Law said Tuesday morning.

Honda, D-San Jose, is also being challenged by Republicans Vanila Singh, Joel Vanlandingham and Vinesh Singh Rathore.

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No love for GOP in statewide race finance reports

By Josh Richman
Monday, March 24th, 2014 at 6:47 pm in 2014 primary, campaign finance

Republicans are taking a drubbing in trying to raise money for California’s statewide elections, according to campaign finance reports that were due Monday.

Monday was the deadline to file reports for Jan. 1 through March 17, and there wasn’t much good news for the GOP. That might not be surprising, after state GOP Chairman Jim Brulte said recently that statewide races won’t be a priority for his party this year, given that only a few are even competitive (and he wouldn’t say which ones).

Even gubernatorial contender Neel Kashkari seems to have ended his honeymoon with contributors early. Though he said in February that he had raised $976,000 in his campaign’s first two weeks, the report he filed Monday indicated he has raised only about $1.34 million total so far – a signficant slowdown after that first burst, and a pittance next to incumbent Gov. Jerry Brown’s $19.7 million war chest.

So, here’s a sampling of how it’s shaking out as of now; all figures below are as of March 17, and I’ll be updating as reports come in.

Governor
Jerry Brown (D)(i) – $19,747,924 cash on hand; $0 debt
Neel Kashkari (R) – $903,478 cash on hand; $93,807 debt
Laguna Hills Mayor Andrew Blount (R) – $8,184 cash on hand; $19,832 debt
Assemblyman Tim Donnelly (R) – $10,766 cash on hand; $149,068 debt

Lt. Governor
Gavin Newsom (D)(i) – $1,915,093 cash on hand; $30,315 debt
Ron Nehring (R) –
George Yang (R) –

Attorney General
Kamala Harris (D)(i) – $3,164,966 cash on hand; $5,044 debt
Ronald Gold (R) –
John Haggerty (R) –
David King (R) –
Phil Wyman (R) –

Secretary of State
state Sen. Alex Padilla (D) – $614,426 cash on hand; $73,900 debt
state Sen. Leland Yee (D) – $134,556 cash on hand; $48,088 debt
Derek Cressman (D) – $77,317 cash on hand; $192,781 debt
Pete Peterson (R) – $1,638 cash on hand; $84,913 debt
Dan Schnur (NPP) – $260,441 cash on hand; $64,390 debt

Controller
Assembly Speaker John Perez (D) – $1,792,681 cash on hand; $6,089 debt
Brd of Equalization member Betty Yee (D) – $100,530 cash on hand; $35,672 debt
David Evans (R) –
Fresno Mayor Ashley Swearengin (R) –

Treasurer
Controller John Chiang (D) – $2,037,770 cash on hand; $376 debt
Greg Conlon (R) –

Insurance Commissioner
Dave Jones (D)(i) – $1,578,714 cash on hand; $1,777 debt
State Sen. Ted Gaines (R) – $32,000 cash on hand; $12,451 debt

Superintendent of Public Instruction
Tom Torlakson (i) – $581,588 cash on hand; $4,624 debt
Marshall Tuck – $454,600 cash on hand; $65,668 debt
Lydia Gutierrez – $6,163 cash on hand; $21,865 debt

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Danville couple’s MICRA measure files signatures

By Josh Richman
Monday, March 24th, 2014 at 3:28 pm in ballot measures

A Danville couple whose two children were killed by a drugged driver in 2003 submitted 840,000 signatures Monday to qualify a measure for November’s ballot that would raise California’s decades-old limit on medical-negligence awards and force doctors to check a statewide database before prescribing narcotic drugs.

Bob and Carmen Pack, and the attorneys’ groups backing them, needed to gather 504,760 valid signatures from registered voters by today in order to get the measure on the ballot.

“The Troy and Alana Pack Patient Safety Act will save lives and prevent families across California from having to endure the tragedies ours have by creating accountability and transparency in medical care,” Bob Pack said in a news release. “Voters should have the right to enact the patient safety protections the legislature has denied them for decades, including protections from drug abusing, drug dealing, and dangerous doctors.”

The measure would index for inflation the state’s cap on malpractice recovery – now fixed at $250,000 – for those without wage loss or medical bills. The Packs were entitled to recover only this $250,000 limit for each of their children’s lives; they note that $250,000 in 1975, when the cap was enacted as part of the Medical Injury Compensation Reform Act (MICRA), would be worth only about $58,000 today. Adjusted for inflation, the cap would now be around $1.1 million.

The measure also would require random drug testing of doctors to prevent physician substance abuse, and require that doctors use the state’s existing prescription drug database to weed out doctor-shopping drug abusers like the one who killed the Packs’ kids.

Medical organizations oppose the measure.

“A ballot measure that is certain to generate more medical lawsuits and drive up costs for every health consumer in California is the worst possible idea at the worst possible time,” California Medical Association President Dr. Richard Thorp said in a news release Monday. “This initiative is bad for patients, bad for taxpayers and bad for California’s entire system of health care delivery.”

Opponents note California’s independent Legislative Analyst found the measure could increase state and local government health costs by hundreds of millions of dollars per year. “If this measure passes, it will cost taxpayers, health consumers and local governments across our state a significant amount of money,” said Central Valley Health Network CEO Cathy Frey.

Opponents had banked about $31.3 million by the start of this year to fight the measure, while proponents had banked about $375,000.

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CA17: Honda won’t go to media-sponsored debate

By Josh Richman
Monday, March 24th, 2014 at 12:41 pm in 2014 primary, Mike Honda, U.S. House

Rep. Mike Honda will not take part in a televised debate with his 17th Congressional District rivals that would double as the San Francisco Chronicle’s pre-endorsement interview, a campaign spokesman said Monday.

honda.jpg“Congressman Mike Honda will be at the May 3 debate organized by the non-partisan, community-based League of Women Voters,” spokesman Vivek Kembaiyan said Monday. “This televised debate, which has been in the works for months, and which all of the CA-17 candidates have been invited to, is the only debate Congressman Honda will be participating in prior to the June 3 primary election.”

The three League of Women Voters chapters sponsoring the May 3 event in Fremont are calling it a forum, not a debate; candidates there will not have any opportunity to question or respond to each other directly.

That sits poorly with Honda’s Democratic challenger, Ro Khanna, who for months has been urging Honda to take part in debates.

Khanna said he has accepted an invitation to take part in a debate hosted by the San Francisco Chronicle, KPIX-TV and KCBS radio. Khanna spokesman Tyler Law said the debate will be conducted at KPIX’s studios in San Francisco either on April 16, April 17 or April 23; the format will include opening and closing statements from the candidates as well as questions from local media panelists, voters and the candidates themselves.

“Residents of the 17th District will benefit from an open debate, moderated by members of the local media, about who is the best candidate to address the unique challenges and opportunities facing our community,” Khanna said in a statement issued Monday. “Voters are tired of old-style politics and campaigns that consist of little more than sloganeering and demagoguery. With the challenges our nation faces today, the people deserve better.”

Republican candidate Dr. Vanila Singh of Fremont, who entered the race at the start of this year, still has not yet decided whether to take part in the May 3 League of Women Voters event or the Chronicle/KPIX/KCBS event, campaign manager Scott Luginbill said Monday.

Republican candidate Joel Vanlandingham of San Jose, who entered the race earlier this month, said he intends to take part in the League of Women Voters event but has not yet been invited to the Chronicle/KPIX/KCBS event.

And Republican candidate Vinesh Singh Rathore of San Jose, who also entered the race this month, could not immediately be reached for comment Monday.

UPDATE @ 2:23 P.M.: Kembaiyan notes Honda is scheduled to meet with the Bay Area News Group’s editorial board in April, and campaign manager Doug Greven is talking with the Chronicle about seeking its endorsement, too.

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Neel Kashkari’s ‘That’s It’ isn’t quite it

By Josh Richman
Thursday, March 20th, 2014 at 12:09 pm in 2014 primary, Neel Kashkari

Republican gubernatorial candidate Neel Kashkari released a new video today about the state’s unfunded public pension liability and other fiscal obligations:

Kashkari’s offhand assertion that Prop. 30’s tax revenues haven’t benefited schools is mystifying, in the presence of so much evidence to the contrary.

Neel Kashkari - That's ItBut I’m just as curious about his overall campaign messaging. Remember, this is the guy whose campaign slogan is “Jobs and Education. That’s It.” Yet he continues to address topics such as this, and high-speed rail (or, the “Crazy Train,” as he calls it), and more – even though he hasn’t yet released the detailed jobs plan he says he’s been working on for more than a year.

That’s OK – he certainly should be addressing all sorts of issues, the more the better; a campaign as important as this deserves it. Perhaps he’d argue that high-speed rail and public pension liabilities are related to jobs and education, but one could probably say that about almost anything, rendering the campaign’s slogan mostly meaningless.

When you start with a “That’s It” slogan and then don’t stick to it, people might wonder. I’m not saying Kashkari is a “Jerk” – far from it – but his insistence on a focus he’s not quite maintaining makes me think of this:

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Bill advances to allow abbot’s burial at monastery

By Josh Richman
Thursday, March 20th, 2014 at 10:45 am in California State Senate, Ellen Corbett

The abbot who founded the Bay Area’s only Orthodox Christian monastery can be buried on that monastery’s grounds, under a bill approved Thursday by the Assembly.

Archimandrite Theodor MickaState Sen. Ellen Corbett this month gutted and amended her SB 124 – which formerly required state agencies to give preference to clean-energy bidders who certify all their equipment was made in California – to address the plight of Archimandrite Theodor Micka, abbot of the Holy Cross Monastery in Castro Valley.

Micka, 76, is terminally ill and wishes to be buried on the monastery’s bucolic grounds. But state law prohibits burying un-cremated human remains outside of cemeteries, so the county registrar would be unable to issue a permit for disposition of the body. Corbett’s newly amended bill makes a special exception in this particular case; the bill still must be approved by the state Senate and signed by Gov. Jerry Brown.

Holy Cross Monastery serves Orthodox Christians of all ethnic backgrounds; along with the monks’ daily prayers, they also provide weekly services, baptisms, weddings and memorial services for the region’s Orthodox Christians. Corbett, D-San Leandro, issued a news release saying she’s pleased to help honor the abbot’s final wishes.

“As a resident of the 10th State Senate District, Abbot Theodor has provided religious and personal guidance to persons of all ethnic and cultural backgrounds for many decades,” she said. “It certainly seems appropriate that the California State Legislature compassionately grant Abbot Theodor this last wish so that fellow monks and future visitors may pay him their respects at the Castro Valley monastery where he prayed, worked and lived during his latter adult monastic life.”

Students at the Stanford Law School Religious Liberty Clinic worked with the monastery to present the issue to Corbett.

UPDATE @ 1:35 P.M. TUESDAY 3/25: Gov. Brown signed this bill into law today.

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CA17: Mike Honda’s political director resigns

By Josh Richman
Wednesday, March 19th, 2014 at 10:33 am in 2014 primary, Mike Honda, U.S. House

The political director of Rep. Mike Honda’s campaign has quit, telling supporters the 17th Congressional District’s competitive nature “will require and deserve an increasingly greater commitment of time and energy.”

Lamar HeystekLamar Heystek wrote that he’s choosing instead “to begin devoting more time and energy to my wife, our son and the family we look forward to growing together,” as well as starting a new job as program development officer at ASIAN Inc., a San Francisco nonprofit working on behalf of Asian Americans and other minorities in areas such as business development, housing and financial education.

It sounds like there’s no bad blood between Heystek, 35, of San Francisco, and Honda, D-San Jose. “My faith and confidence in him and his campaign have been unshakable. He is an outstanding public servant and a great friend who will continue to receive my support and assistance.”

Campaign finance reports filed with the Federal Election Commission show Honda’s campaign has been paying Heystek $6,000 per month.

Heystek, a former Davis councilman, departs as the 17th District race shifts into even higher gear for the sprint toward June 3’s top-two primary. Fellow Democrat Ro Khanna’s challenge has been making headlines for almost a year; Republican Vanila Singh got into the race at the start of 2014; and two other Republicans – Joel Vanlandingham and Vinesh Singh Rathore – entered the race just before this month’s candidacy filing deadline.

Honda campaign spokesman Vivek Kembaiyan said Wednesday that Heystek has been an important part of the campaign since joining it in 2011, helping to run its multi-lingual voter outreach and laying the groundwork for Honda’s overwhelming Democratic Party endorsement.

“Lamar’s departure from the campaign, so he can spend more time with his growing family, has been in the works for months and the transition has been smooth,” Kembaiyan said. “We miss seeing Lamar everyday, but thanks in part to his dedication and hard work, Congressman Honda’s campaign is in its strongest position ever and we are continuing full speed ahead into the primary.”

Read Heystek’s entire email, after the jump…
Read the rest of this entry »

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