Are you medically exempt from wearing a mask?

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On Sunday, about thirty people gathered in a small mid-town park in Petaluma to stage a political protest march. They were protesting against a Black Lives Matter protest against the firing of Black teachers by a local high school. Many of the protest protestors were waving American flags and “Back the Blue” signs and chatting face to face.

Most of them were not wearing face masks.

I took a few photos. Why? Because I am trying to understand why it is now a badge of honor in some social circles to not wear a mask in public places. The day before the protest of the protest, I was buying a tool at a ranching supply store on Lakeville Street when a woman and two children flowed through the doors, only to be verbally stopped in place by the sales clerk.

She informed the customers that they had to don masks to enter the store. The woman exclaimed that her family is “medically exempt” and do not need to wear masks. The clerk sighed as the woman moved briskly towards us sans mask. I jumped into the conversation.

“Excuse me, Ma-am, but there is no such thing as a medical exemption that allows for you to not wear a face-covering in a store.”

She insisted that she and her children are “medically exempt” and that privacy laws do not allow her to explain why and it is none of my business.

I raised the stakes, saying “Shall we video this conversation? maybe it can go viral.”

She donned a mask and went shopping.

The clerk told me, “My son has really bad asthma and he has to wear a mask!” We shared a comradely moment of Covid-19 fatigue and parted.

Covid-19 is a truly nasty disease with life-long lasting debilitating effects if it does not kill you outright, painfully, and in isolation. The invisibly spreading malady does not respect age, gender, class, caste, or nationality. It has brought the world to its knees and the end is not in sight. The good news is that the spread of the dread disease can be prevented by wearing a cloth mask indoors, and by physical distancing outdoors, and by not breathing on other people, or sucking in air laced with spikey-deadly nano devils.

But to be successful, masking and distancing have to be widely practiced. Sadly, the health of 300 million Americans is at risk because hordes of mask-resisting true believers in lies promoted by ultra-reactionary media and insane politicians consider Covid-19 to be a hoax, a liberal scheme to weaken Trump’s authoritarianism, a Jewish or Antifa or Black Lives Matter plot. Wearing a mask is in their hormonally convoluted minds an assault on individual “freedom” – an illegal abrogation of their supposed right to freely infect other people.

When challenged to wear masks appropriately, many resort to the false claim that they are medically exempt. There is even a bogus “US Department of Justice” certificate of exemption you can download and flash as “proof” of your special legal status as a virus-spreader.

In reality, there is no federal law containing a medical exemption for masks, although the Centers for Disease Control and Prevention advises physicians to tell persons suffering from facial deformities or severe respiratory and heart problems that they do not have to wear masks. Although, they should then shelter in place, so that they do not infect others.

In short, there is no such thing as a law or order providing for a medical exemption that allows for the infection of others, nor should there be. Let’s look at the Covid-19 orders.

Under an order issued by the California Department of Public Health, people older than two years of age must wear face masks indoors when they are around those with whom they do not reside. They must wear them outdoors when closer than six feet to other persons.

There is an exemption for, “Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance.”

Those persons are asked to shelter in place or to wear a plastic face shield if they must be in contact with others. They are not allowed to go shopping without a face mask or shield.

Sonoma County’s health order explains why mask wearing is compulsory, “Persons have been shown to be infectious up to 48 hours before onset of symptoms, and as many as 50% of infections seem to occur from asymptomatic persons. All persons who contract COVID-19, regardless of their level of symptoms (none, mild, or severe), may place other vulnerable members of the public at significant risk.”

The Sonoma County order warns, “The violation of any provision of this Order constitutes a threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.” Those unmasked folks walking around with All Lives Matter signs might want to consider the implications of their defiance of the laws and the social good.

Report: U.S. Response to Coronavirus Pandemic Has Been Poor at Best, Disastrous at Worst

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No matter how you dissect the numbers—and there are many ways to slice them—Randall Bolten says the United States’ response to the coronavirus pandemic has been “shockingly poor, if not disastrous.”


Bolten, a longtime Silicon Valley CFO, UC Berkeley professor, data scientist and author of Painting With Numbers: Presenting Financials and Other Numbers So People Will Understand You, points to this country’s failure to control the spread of new cases as the reason for his dire assessment. That, plus the continuing deaths, inadequate testing and the politicization of decisions that should be purely science-based, but are often not, as factors to why the U.S. has the highest rate of new cases of Covid-19 in the world.

According to Reuters, the U.S. took 98 days to reach one million confirmed cases of Covid-19, but just 16 days [in mid to late July] to increase from 3 million to 4 million.

Last week, Bolten released a research note of four specific graphs focusing on the U.S. and comparing how it is doing in the crisis compared to 13 other countries with similar resources and healthcare infrastructure, including Canada and a dozen other devloped Western European nations.

For the purposes of his study, Bolten left out Japan, Taiwan, Australia and New Zealand “because their Covid-19 numbers are too small to show up on these graphs.”

Bolten’s first graph featuring the trend of new Covid-19 cases in the U.S., the most widely-used measure of the pandemic’s spread, showed the U.S. and Sweden were the only two out of 14 countries in this study that hit a second surge/peak around Week 13 after the pandemic first hit the respective countries.

However, Sweden’s new cases are now down 50 percent, while the average number of new cases in the U.S. through July 23 rose by more than 2,600 per hour, the highest rate in the world. While many have attributed the surge in new cases to an increase in testing, Bolten said even if that were true, more testing cannot explain that many new cases.

“If testing is getting ramped up in other wealthy parts of the world, why are other countries not seeing the spike in new cases as the U.S.,” said Bolton, who spent 35 years in Silicon Valley working as a finance executive at high-tech companies. “If in fact we’re doing a lot more random testing and getting the pandemic under control, then what we call the positivity rate—the percentage of tests showing up positive for Covid-19—would go down and it’s not going down. More testing doesn’t mean more new cases. It just isn’t true, and those kind of statements are on the verge of lying.”

The U.S. recorded more than 1,100 Covid-19 deaths on each day from July 22 to 24, and even though the mortality rate has lowered, Bolten said the narrative that some people are taking that Covid-19 is not a deadly disease is flat-out dishonest.

“When the dust settles on this, we’re going to find out the fatality rate for Covid is somewhere around 1 percent,” he said. “The fatality rate of the common flu is 1/10th of 1 percent. In other words, Covid is 10 times as lethal as the flu. Covid is lethal and a lot of what you hear from people pooh-poohing this that it isn’t very deadly, well, that’s just not credible. One of the reasons they say this is to make their failure to deal with the pandemic not as terrible a mistake as it really is.”

Bolton said that motivating and mandating safe public practices and effective testing are the two critical factors a nation can take to control a pandemic’s spread, especially when a significant portion of those infected are asymptomatic. The former has elicited fierce arguments—requirements to wear masks in public have become the subject of a fierce political divide—as many argue such orders violate the U.S. Constitution.

States that have been hit hardest in the recent surge—California, Arizona and southern states—all reopened their economies sooner than they should have, with certain segments of the population failing to observe sound personal safety and health conduct.

“The population simply hasn’t gotten on board with good health management practices,” Bolten said. “Wearing masks, social distancing, this is really straightforward stuff. The problem is when a hot spot shows up in one place, it’s inevitable it will spread to another place. This is especially true in a big country like the U.S., where even now there is a fair amount of mobility with people traveling either in cars or planes.”

When it comes to strategic testing—testing people as the result of contact tracing, periodic testing in high-risk and high-contact occupations like health care and food service, and testing individuals when a recent experience justifies—Bolten’s study says the U.S. ranks only in the middle of the pack compared to other Westernized countries.

Strategic testing differs from necessary testing, which involves testing because people show symptoms. Strategic testing is superior because they give more insightful results to help control the spread of the disease.

Bolten said that countries that have done an effective job of testing—think Taiwan, South Korea, Japan, Iceland and Denmark—don’t have a lot of new cases and thus don’t burn up testing capacity dealing with people who are sick.

As a result, those countries can use the testing capacity to proactively test on people who are in sensitive industries so they don’t inadvertently start another hot spot. That’s why testing is so important, but it takes a fair amount of technology and a lot of personnel to implement something like contact tracing.

“So someone can test positive for Covid whether they’re showing symptoms or not, and they can get a phone call from somebody who is a tracer who will say, ‘OK, let’s go back three days. Who have you been in contact with?’” Bolten said. “The contact tracer can go backward and start letting people know they may have been in contact with a person who tested positive and they should get tested. This isn’t complicated, but it takes a lot of process and some technology to do contact tracing effectively.”

The eight to 10 days Bolten said it takes to receive a result from a Covid-19 test in the U.S. is another impediment to controlling the spread of the pandemic. By then the patient could be cured, out into society and infected a bunch of people without knowing it.

“So all in all testing is just a disaster in spite of what people are saying,” Bolten said in a recent interviw. “Frankly, I know our president said testing is overrated and that’s the kind of thing you would say if you were doing a terrible job of nationally organized testing. You haven’t done a good job, so of course you’re going to say testing is overrated. It’s kind of a sour grapes statement to say considering this country has kind of dropped the ball on how to handle this pandemic.”

Labor groups push for pandemic protections

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With limited federal labor benefits, including increased unemployment benefits, set to expire—or at least be significantly reduced—in the coming days, California labor groups are pushing state and local lawmakers to boost labor protections in the Golden State.

Throughout the pandemic, a statewide coalition of labor advocates has urged lawmakers to extend sick leave and other benefits, which they argue will allow workers to stay home and prevent the spread of Covid-19.

In February, state Assemblymembers Ash Karla and Lorena Gonzalez introduced Assembly Bill 3216, which would offer workers various extra protections amid the pandemic. The Assembly passed the bill in June, and the Senate is currently considering doing the same.

However, in an effort to appease business groups, the legislation has been significantly watered down during the legislative process, says Maddy Hirshfield, the political director for the North Bay Labor Council.

As a result, the North Bay Labor Council and its allies are pushing local North Bay cities and counties to pass stronger local sick-leave laws, namely a 10-day sick-leave mandate for companies with over 500 employees. 

Under federal rules, employers with more than 500 employees are exempt from Covid-19 sick leave rules. And, under the current version of AB 3216, employees would only receive three days of additional sick leave.

Hirschfield and other advocates, including North Bay Jobs With Justice, who support the state and local measures, say that in addition to providing workers with economic protections when they fall sick, the rule will help prevent the spread of Covid-19. For instance, if a low-income worker in the food service or hospitality industry catches the virus, they would be paid to stay home instead of being required to return to work.

“People will go to work sick if they don’t think they’re going to get paid. It’s just the reality,” says Hirschfield. “It’s a public health risk in the best of times, but during the pandemic it’s a public health nightmare to have people going to work sick.”

“If we’re ever going to flatten this curve we’ve got to use all the tools in the toolbox and providing people an incentive to stay home when they’re sick is a pretty important tool,” Hirschfield adds.

To date, nine local governments, including the cities of Santa Rosa, San Mateo County, San Jose and San Francisco, have passed local sick-leave policies since the start of the pandemic shutdown. Hirshfield says the group is pushing the Sonoma County Board of Supervisors and other cities in the county to consider a version of 10-day sick-leave policy.

Santa Rosa passed the sick-leave extension unanimously in June. Their ruling exempted the city’s own employees from the new rule.

As one might imagine, some businesses are not happy about the state and local proposals, arguing that additional sick leave will be costly to employers who they say are also struggling due to the pandemic’s economic impacts. 

An Assembly staff report states that a group of employers, including the California Chamber of Commerce, opposes AB 3216, the state labor legislation.

“[The bill] imposes staggering, significant and unprecedented new requirements on businesses of all sizes in California during a time of crisis when they can least afford it,” the report states.

In addition to expanding and extending sick leave during the pandemic, the bill would require some employers—including hotels and event centers—to offer laid-off employees their jobs back in writing once the company begins to rehire. That requirement, known as the Right of Recall, seems particularly offensive to business groups.

In a letter to the Assembly opposing AB 3216, the California Chamber of Commerce raised the threat of litigation against the state and the local governments which have already passed similar legislation. According to the Assembly staff report, the Chamber is arguing that the requirement is “the statutory right of recall contained in AB 3216 is legally suspect and would likely be struck down.”

The city and county of Los Angeles passed Right of Recall requirements for some businesses back in May.

Crazy Artist Types

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Artists are better at coping with challenges—because we’re crazy. Last spring, Artnet News published an interesting piece about researchers from the Yale Center for Emotional Intelligence—yes, apparently there is such a place—that found that creativity correlates with psychological weakness … (wait for it) … and mental strength (phew!).

“In 1963, the pioneering creativity scholar Frank Barron wrote that the ‘creative genius … is both more primitive and more cultured, more destructive and more constructive, occasionally crazier and yet adamantly saner than the average person,’” writes Rachel Corbett in a piece that boasts the longest headline ever published: Artists Are More Anxious and Depressed Than Those in Other Professions—But They Are Also Better at Coping With Challenges, a New Study Says.

File this under “Tell Me Something I Didn’t Know That Also Justifies My Bad Behavior and Fragile Self-Image.” What’s interesting is that Barron’s seemingly contradictory claims were reached via “personality tests and interviews” during the early “Mad Men”–era, prior to the use of more empirical processes. And yet, “they may turn out to be verifiably true,” writes Corbett, Artnews’ deputy editor. She adds, “In other words, the artists were both ‘crazier’ and ‘saner’ than the non-artists, as Barron phrased it.”

Here, here.

Interesting how “non-artist” is essentially used as a synonym for “neurotypical.” Of course, this reading correspondingly suggests that artists are inherently “neuroatypical.” This I’ve always found to be a kind of sloppy catch-all for those whose mood, anxiety and personality disorders (not to mention glistening, effervescent talent) diverge from an imaginary norm. And despite the voguish notion that so-called “invisible disabilities” like the ones listed above are, in fact, superpowers. But the truth is, no matter how dramatically I remove my glasses or rip open my shirt, no one ever says, “It’s Superman!” so much as, “He’s off his meds!”

Meanwhile, the Yale Center for Emotional Intelligence has created a rubric that might be useful for those, like me, who need to upgrade their super-ego to see how well they measure up. Meet RULER (see what I did there?), an acronym for the five skills of emotional intelligence (recognizing, understanding, labeling, expressing and regulating). I have zero mastery of exactly all of the above, which may qualify me to be a guinea pig at the Center. This is the only way I’ll ever get into Yale. New Haven, here I come!

Daedalus Howell is writer-director of the feature film ‘Pill Head,’ now playing on Amazon Prime.

Open Mic: Sadness in His Madness

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By Paul E. Cheney

A beggar stands bored

Reaches for his pocket

Finds nothing restored

His cigarette hangs

As disgust plagues his ways

Remorse for him

A way of life

Slow death, without change

Paths to follow, or rearrange

I felt sorry, as often I do

When many a poor man

Enters my view

No other direction, nor inflection

Of an exit, for a prosper

Richer sight ahead

Many wishing, and knowing

They were better off dead

He shakes come morning

Worries without warning

Begs at passersby

Wonders not at questions why

Drinks ’til sunset

Considering tomorrow’s upset

Another day for the beggar man

Chalk one off for you and I

We can be there

Like him

Fate

Future

On a whim

Paul E. Cheney lives in Petaluma.

Letters to the Editor: New Plan

This is my third go around being homeless and flying under the radar. I am blind so I of course don’t have the luxury of being able to hide in a van, (“A Man, a Van, a Plan” Features, March 11) which means I have to be more creative. 

The safest thing for me to do before the pandemic was to hang out at one of the 24-hour restaurants near me. Since everything is closed now, pretty much the only way for me to sleep is on BART. I just ride around on the train for a couple hours unless the driver orders people to get off. 

Most of the time, they will just take a break for about five minutes and then turn the train right back around so if you go to San Francisco airport, it will just switch right back around and take you to Richmond. My number one fear is that a police officer will mistake me for someone who is loitering or on drugs. A more risky move for me is to sleep at the bus stop benches. The danger is that I never know if an officer might spot me while they are making their rounds.

People always say to me, why don’t you get a social worker or why don’t you go to one of the shelters that offer services? They will not treat me like a human being. Anytime I’ve tried to do that in the past, they automatically want me to attend counseling or take part in one of their job training programs. They assume that I became homeless because of poor choices that I made in my life. The truth is though that bad things do happen to good people. Along with everybody else, I did not ask for this pandemic to shut everything down. I think a lot of homeless people don’t want to come forward about their predicament for similar reasons as mine. They don’t want to be stereotyped. They don’t want to be labeled. A vast majority of us are decent people with loving hearts.

Hearn Stewart

Oakland

Via Bohemian.com

Pray Their Names

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What’s in a name? Reverend Katie Morrison, the creator behind the traveling outdoor-art installation “Pray Their Names,” aims to help us find out. 

The project was envisioned by Morrison as a field of 160 wooden hearts—each bearing a hand-lettered name—memorializing 160 Black lives that have been lost to police violence. It is currently at the First Congregational Church of Sonoma United Church of Christ.

“In the BLM movement we’ve been hearing the call to ‘say their names,’ and I wanted to create a space where people could say their names and then go deeper,” Morrison says. “I call it ‘Pray their Names.’ It’s not separate from Black Lives Matter, it’s in the spirit of the movement. Whatever your spiritual practice, you can interact with the names.” 

Walking amongst the names is a moving experience. Placing one’s own body amongst these lives is a testament to the power of art to influence us in ways beyond intellectual knowing.

The church’s Reverend Curran Reichart, who is married to Morrison, says, “Before she was a teacher, Katie traveled the nation, teaching churches about inclusion. The vision for this installation comes out of a lifelong sense of solidarity with the pain and suffering endured by Black and Brown bodies.”

Morrison, known to her Special Education students at Venetia Valley K-8 School as “Ms. Mo,” says of her piece, “I hope that this visual work will be a source of healing for all bodies, a unifying force to bring people together to meet in the pain and wrestle with the implications of institutionalized racism. Once we acknowledge and face the wrong, we can begin to do what is right.”

There have been more than 8,000 deaths of Black and Brown people by police since Emmett Louis Till’s lynching in Mississippi in 1955. Each of the 160 hearts represent the life of a Black person killed while unarmed and/or in police custody. The blank hearts represent the lives lost whose stories were not told. 

“I want to be clear,” Morrison says, emphatically. “This exhibit is not against the police; just because you do something for people doesn’t mean it’s against other people. I believe the police need places to be resensitized to Black bodies as human beings and places to grieve alongside and places to be able to stand tall again and do a better job.” 

Morrison, who was an American Studies major with a focus on race relations, explains that our culture teaches white people many ways to fear Black people, while they simultaneously benefit from that culture—economically, historically and politically. The police, in particular, have a long, entwined history with racism.

“There are so many connections from the beginning of policing and how police forces came to be in America that is directly linked to slavery,” she says. “The first patrols were slave patrols, and now we have patrol cars.”

At least 20 volunteers became involved in the Pray Their Names project.

“It’s been an incredible opportunity for storytelling all the way through,” Morrison says.

Morrison initially called her friend, Sonoma artist Lois Chambers, to tell her the idea she had for the field of hearts. Chambers recommended Peter Craig, a professional woodworker in town, to cut the hearts, and also her daughter, Nicole Grimes—a professional sign maker at Vine Country Signs in Sonoma—to do the hand lettering of the names. Jeanne Sharkey dug the foot-deep holes in the field next to the church. It took two days to dig just 32 holes. 

“It was like cement; it was so hard to crack the earth,” Morrison says of the field, equating it to how people feel about the subject of her piece. “It’s also so hard for people to crack open and be raw about racism.”

Intent was all-important—Morrison made sure the project was infused with reverence every step of the way.

“Everything about this needs to be respectful,” she says. “Through all the work there’s no joking around, we do this with prayerful intention. If you’re coming to volunteer, you’re willing to hold the grief. When we handle these hearts, we’re thinking about the families, we’re thinking about the mothers who lost children, we’re thinking about the traumatized communities. That intention has been infused every step along the way.”

Visitors can scan a code with their phone on the entryway sign to read the stories of each person named. There are 144 stories, each researched by a team of volunteers.

“Folks can walk the rows with their phone and not only say the names but see the face and read the story, be confronted with the horror within the story of how their lives were ended and then walk in their body with it and hopefully be called to a deeper sense of commitment to dismantle the 1,000 cuts a day that are racism,” Morrison says.

It is Morrison’s hope that the healing power of the memorial be for both Black and white people: that Black people will feel heard and seen in their grief and trauma, and that walking with these stories will give others the clarity and the boldness to confront one another when a friend or colleague expresses racism.

“What reparations can you do—if our government isn’t going to do it, what can you do?” she asks. “What Black businesses can you support? How can you be sure that people on the margins are getting some of the benefits that you get based on being of European descent?”

“As progressive people of faith, we believe that there can be no peace until there is justice for all God’s children, no exceptions,” Reichart says. “Pray Their Names evokes the spirit of all that is good in us. Literally out of the weeds in the churchyard, hearts now bloom.”

The dedication was well-attended and included inspiring talks from Morrison, Reichart and D’Mitra Smith, outgoing Sonoma County Human Rights commissioner. Mayor Logan Harvey and Police chief Orlando Rodriguez were invited, but both were out of town during the event. The mayor helped with the installation beforehand and recorded a message for the dedication expressing his support.

A reading of the names will be held on Friday, July 31 at 7pm. Everyone is invited to come, help read names, lay flowers and walk among the hearts.

The installation of hearts will travel to at least four locations in the coming months. After a month in Sonoma, it will move to Santa Rosa, then Berkeley, then Mill Valley.

And what’s in a name?

“A whole life is in a name,” Reichart says. “From conception to death our names speak of the hopes and dreams of our parents, our own aspirations and accomplishments, our bruises and our blessings, all in that universally shared possession—a name.” 

First Congregational Church UCC, 252 West Spain St., Sonoma. July 18–August 14. Open sunrise to sunset. Free. facebook.com/praytheirnames.

Prison Protest

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Outraged by the rapidly growing number of Covid-19 cases in San Quentin State Prison, 14 protesters chained themselves to a driveway gate in front of Gov. Gavin Newsom’s home in suburban Sacramento on Monday, July 28.

Gov. Newsom, who lived in Marin County before his election as governor, has failed to manage the Covid-19 outbreak in the state prison system properly, the organizers of the protest, the California Liberation Collective, argued in a statement to the Associated Press.

By Tuesday, July 28, the California Department of Corrections and Rehabilitation reported 7,704 total Covid-19 cases throughout the state prison system. There are 1,753 active cases and 47 deaths across the system, including 528 active cases and 19 deaths at San Quentin alone.

The group also called on Newsom to stop all coordination with the federal immigration agency, ICE.

“(Newsom) criticizes Trump when convenient, but … turns incarcerated Californians who are eligible for release over to ICE instead of their loved ones,” the group told the Associated Press in a statement.

The Associated Press reported that Highway Patrol officers cut the chained protesters off of the fence as dozens more protesters stood nearby in support. It was not immediately clear how many people were arrested.

Contact Corps

Marin County Public Health and Dominican University announced a new partnership on Tuesday, July 28, which promises to give students important experience helping public officials track—and ultimately restrict—the spread of Covid-19.

During the coming fall semester, the university will offer up to 20 students spots in the one-unit course. Students will complete an online training course and then work with public health officials to track the spread of the virus.

“(Contact tracing) is a century-old public health strategy for communicable disease control,” Dr. Patti Culross, director of the university’s Global Public Health program, said in a statement about the partnership. 

The county is funding the course in the hopes that participants will be able to bolster the number of local contact tracers. Currently, about half of the county’s contact tracers are volunteers, according to a statement from the county.

“Although that inspirational spirit is needed to help limit the virus’ spread and tremendously appreciated during the crisis, it will take more than volunteers to effectively handle the demand in the coming weeks and months,” the county statement says.

“We want to be prepared for the ebbs and flows of volunteers as we move forward in this pandemic,” Deputy Public Health Officer Dr. Lisa Santora said of the program. “And we also know that as the school year starts there will be more social activity and possibly an increased number of cases in our county. Having that workforce development opportunity with the university will have us better prepared as we see the increases in cases, which we do expect to see.”

Local Cinemas Call for Help; Sonoma Film Festival Moves Online

A month ago, there was hope in the North Bay that public gatherings could re-open this summer; yet things are looking bleak for many venues and businesses that rely on socializing as the summer moves into August with restrictions on hosting events still in place to stop the spread of Covid-19.

Five months into the shutdown, movie houses in Sonoma County and elsewhere in the North Bay are especially feeling the effects financially. As the film industry continues to push back opening release dates for major films like Christopher Nolan’s Tenet, local theaters are joining a national movement to call upon Congress to “Save Your Cinema.”

The online campaign is asking for the public’s help to urge Congress to keep movie theaters alive until they can fully reopen. Specifically, the “Save Your Cinema” campaign is gathering letters from the public demanding that Congress support the RESTART Act, which will provide seven-year loans covering six months of
expenses for theaters, and to press the Treasury and the Federal Reserve to implement more relief measures for cinemas of all sizes.

“The moviegoing experience is at the heart of everything we do as we work with lawmakers and film distributors to protect, innovate, and improve the movie theater experience for audiences everywhere,” the National Association of Theatre Owners, who represent theaters in all 50 states, writes on the “Save Your Cinema” website.

Local theaters participating in the campaign includes Sebastopol’s popular Rialto Cinemas, which recently celebrated its 20th year of screening films in the North Bay. Located adjacent to Sebastopol’s Barlow Center near downtown, Rialto Cinemas has established itself as an anchor of the community, bringing world-class films to West Sonoma County, and updating its accommodations to include a full kitchen, beer and wine service and other modern comforts.

Now, due to the Covid-19 pandemic and the ongoing shelter-in-place orders in Sonoma County, Rialto Cinemas fears not only for its own survival, but for the survival of the entire industry.

In a recent release, Rialto Cinemas writes that, “We closed for the sake of public health and are abiding by strict safety restrictions and guidelines as we plan our reopening. But even when we are able to reopen, it will be very difficult to sustain our business with limited capacity. We need more relief so that we can survive this crisis.”

Without the relief offered by the RESTART Act and the loans that come with it, Rialto Cinemas and other local theaters fear that they will be forced to permanently close their doors. To take action and join the letter-writing campaign, visit SaveYourCinema.com.

Sonoma International Film Festival Opens Virtual Program

Last March, the Sonoma International Film Festival became one of the first North Bay events to cancel in the wake of a shelter-in-place order that made social gatherings impossible.

Now, the festival is turning to the Internet to turn it’s globe-trotting party into an online affair for the SIFF 2.0 Virtual Film Festival, running Thursday, July 30, through Sunday, August 2.

The online event features over a hundred films streaming over the weekend, running the gamut from documentaries to short films, and representing 26 countries.

SIFF is also hoping to include socially distant offerings and plans to host up to 16 select film screenings at various outdoor venues, including local drive-ins. All in-place health orders and guidelines including social distancing, face coverings and hygiene requirements will be implemented.

Other highlights of the virtual festival include a showcase of student films from the Sonoma Valley High School media arts program, a program of short films by women filmmakers presented by the traveling Lunafest, video conversations with filmmakers, and more.

Those who purchased tickets and passes to last March’s planned SIFF will have access to the virtual festival, and anyone can purchase streaming access per film, based on availability, or through a SIFF 2.0 Virtual Pass available at SonomaFilmFest.org.

Sonoma County DACA Recipient Battles with DA’s Office Over DUI Charge

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After leaving a Petaluma bar one night in February 2019, Miguel Rodriguez was arrested for drinking and driving. Rodriguez, who grew up in Sonoma County, is an undocumented immigrant and a participant in the Deferred Action for Childhood Arrivals (DACA) program.

The DACA program, established in 2012, does not entail a path toward citizenship for participants but does provide some stability to participants, commonly known as Dreamers. Participants admit that they are deportable, but are protected from deportation during their enrollment, which is renewable every two years. While enrolled, they are also eligible for a work permit.

About 200,000 DACA recipients live in California. In 2017, Trump tried to end the DACA program, though it was upheld in the Supreme Court in June 2020. On Tuesday, July 28, Trump announced new plans to limit the scope of the program.

Because DUI convictions make a person ineligible for DACA, the legal proceedings which kicked off that night—and are still ongoing—set off a series of changes in Rodriguez’s life that a U.S. citizen facing the same charges would not experience.

Rodriguez’s lawyer Heather Wise says that the Sonoma County District Attorney’s office ignored their legal responsibility to consider her client’s immigration status and to avoid immigration consequences while bringing him to justice.

Because Rodriguez’s experience is not especially unique among immigrants navigating the justice system in California, his story sheds light on the challenges created when one’s legal status in the U.S. is insecure.

Rodriguez asked to use a pseudonym in order to protect his family.

“We think of immigration as solely controlled by the federal government, but really, local players have a lot of power over deciding who gets deported and who doesn’t,” Rose Cahn, a senior staff attorney at the Immigration Legal Resource Center (ILRC) explains. “Prosecutors in their charging and plea bargaining posture really are the gatekeepers to the deportation pipeline.”

At the time of his arrest, Rodriguez was enrolled in college, working and living away from home. He had two drinks at a Petaluma bar and left near closing time. At a stop light, he came to a complete stop part-way into an empty crosswalk. When Petaluma police arrested Rodriguez, his blood alcohol content (BAC) was 0.127 percent, over the legal limit of 0.08 percent, according to court documents.

If a U.S. citizen is convicted of a first DUI offense, common consequences may include three to five years of probation, DUI school, fines, six months of driver’s license suspension, installation of an interlock breathalyzer device in one’s car, and more. Upon completion of DUI probation, those convicted are eligible to petition for expungement, which allows a plea to be withdrawn and the case dismissed.

The consequences are more serious for DACA recipients. A DUI is considered a significant misdemeanor offense and makes Rodriguez exempt from DACA eligibility, which could subject him to ICE detention, among other ramifications.

Wise and Rodriguez asked the district attorney for a plea to an alternate charge colloquially known as a “wet reckless,” which would have allowed for Rodriguez to be sentenced to all of the same possible consequences as a DUI without making him ineligible to renew his DACA.

Wet reckless is a charge of reckless driving that carries a note referencing that alcohol or drugs were involved. No one can be initially cited for a wet reckless—it’s a reduced sentence that someone charged with a DUI may plead guilty to in a plea bargaining.

The prosecutors on Rodriguez’s case refused the bargain, stating in an email that they considered the collateral consequences and, “given the [defendant’s] BAC and public safety risk, a wet is not appropriate.”

Rodriguez says, “We spent nine months urging the DA to consider the immigration consequences in my case, essentially reminding them of their own responsibility. I completed a six-month DUI Program—part of the sentencing conditions—before I was convicted of the crime to show the court I take this matter very seriously. A misdemeanor conviction that comes more than six months after the arrest date represents a gross failing of the justice system.”

During the plea bargaining process, Rodriguez and Wise proactively offered that the defendant could, in exchange for the reduced charge, face harsher consequences than the proposed three years of probation the prosecution sought. In exchange for an immigration-neutral sentence, Rodriguez offered to serve additional jail time, complete community service hours, install an interlock device, or wear a continuous alcohol monitoring device to prohibit drinking entirely.

The deputy district attorney prosecuting the case rejected every offer, according to emails and court documents reviewed by the Bohemian. The prosecutor’s supervisor also stated that he did not believe a wet reckless was in the interest of justice.

“It’s just plain false to assert that consideration of immigration consequences requires giving some lesser punishment to non-citizen defendants; it doesn’t,” Cahn says.

With no option for a wet reckless, Rodriguez was ineligible to renew his DACA status, which requires renewal every two years. It expired in August 2019. Without DACA, Rodriguez lost his job, which meant that he could not afford to keep living on his own. He quit the college classes he was taking in the South Bay and moved back home with his parents.

In December 2019, Rodriguez entered a “no contest” plea to the DUI charges and was sentenced to three years of probation.

On Wednesday, July 29, he will return to court and a judge will rule on his petition for an early termination of probation and expungement. If Rodriguez’s case is expunged then, he will have until August 30, 2020—one year from its expiration—to renew his DACA status.

So, why do prosecutors need to care about a defendant’s immigration status?

In 2016 and 2017, California Legislature passed Penal Code Sections 1016.2 and 1016.3, respectively. Co-authored by the ILRC, the first law states that defense attorneys have a constitutional obligation to advise and defend noncitizen clients from the immigration consequences of offenses. The second law places a parallel requirement on prosecutors to always consider the avoidance of the immigration consequences when engaging in plea bargaining.

Functionally, these penal codes mean that the district attorney is asked to recognize that loss of eligibility for DACA is a punishment that may be more severe than is warranted by a defendant’s charges.

Cahn explains that, for years, prosecutors would often say that to consider immigration consequences of crimes would violate equal protection or somehow give benefit to non-citizens.

“[This legislature] gives us a very powerful tool to say, ‘No, in fact, you must consider those consequences, and you must consider the avoidance of those consequences because the legislature directs you to do so.”

The Bohemian emailed to Sonoma County Chief Deputy District Attorney Brian Staebell with general questions about his office’s understanding and application of the 2016–17 state laws governing the treatment of immigration consequences.

Staebell told the Bohemian, “California Legislature placed a responsibility on the prosecution to consider adverse immigration consequences as one factor during plea negotiations. We, as an office, are very aware of our responsibilities in this regard, and we have held training on the subject on more than one occasion.”

However, Wise argues that the Sonoma County’s District Attorney’s office is not truly considering Rodriguez’s immigration status in the proceedings, from their lack of urgency to their lack of acknowledgement of the inequitable impact that the punishment they sought for him carries.

Cahn says that California lawmakers wrote the recent laws because they recognized the value of the state’s immigrants and the impacts of deportation.

“California has the highest immigrant population of any state in the country—one out of every four of us was born outside the country,” she says. “One out of every two children goes to bed at night with a parent born outside the U.S. We as a state understand that deportations wreak havoc on our communities. These laws require that all the key stakeholders in the criminal legal system understand the immigration consequences of crimes and, in effect, take pains to mitigate or eliminate those consequences.”

Cahn says that immigration consequences are often illogical and there is often nothing preferential about dispositions that do not trigger immigration consequences versus those that do.

The ILRC argues that a wet reckless is an appropriate alternative charge to a DUI for immigrant defendants, specifically because it allows for a judge to impose any of the same consequences in the interest of public safety.

“We’re not saying someone should escape accountability for their alleged conduct, and we understand prosecutors have a duty to protect public safety,” Cahn says. “We are saying that protecting public safety doesn’t require that the defendant also be deported at the end of their criminal case.”

In their article, “A View Through the Looking Glass: How Crimes Appear from the Immigration Court Perspective,” judges Dana Leigh Marks and Denise Noonan Slavin write, “The United States Supreme Court has called the effect of being ordered deported or removed to be the equivalent of banishment, a sentence to life in exile, loss of property, life or all that makes life worth living, and, in essence, a ‘punishment of the most drastic kind.’”

Cahn says, “Increasingly we are seeing prosecutors adopt immigration policies that govern their office’s practices—Alameda County, Marin County, Contra Costa County, all have newly revised or newly-adopted immigration policies that provide some direction to all of the line DAs.”

So far, Wise says that the Sonoma County District Attorney has not taken that step.

Cahn says that she has worked closely with elected district attorneys in the aforementioned counties and led trainings for the California District Attorneys Association, but has never worked with the Sonoma County prosecutor’s office.

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