In an interview today, Mayor Libby Schaaf acknowledged that she ordered the prohibition on nighttime street marches in Oakland. However, she argued that it was a not new city law, but rather a reinterpretation of an existing one....The East Bay Express also spoke with civil rights attorney Rachel Lederman, who helped write Oakland's current crowd control policy. Lederman pointed out that the new policy is both inconsistent with that policy and blatantly unconstitutional:
Under the mayor's new tactic, OPD will block demonstrators from marching in the streets after dark, and marchers will only be allowed on sidewalks.
"A local government can impose a reasonable time, manner, and place restriction on speech," said Lederman, "but the Oakland crowd control policy specifically states that OPD will facilitate marches in the street regardless of whether a permit has be obtained as long as it’s feasible to do so."
Lederman also said it is unconstitutional for the city to prohibit nighttime street marches. "The reasonableness is determined by what’s actually happening there," said Lederman. "You can’t ban street marches at night because on some past occasions some people broke windows. That’s completely unconstitutional."
We embarked on a fairly complex regulatory process nearly a year ago and we've cleared many hurdles along the way, including the unanimous approval of Leap's operating authority under the California Public Utilities Commission (PUC) in March. However, the finalization of this permitting process has been held up due to various clerical issues and we have now been issued a Cease and Desist notice from the PUC.But the actual cease and desist order from the CPUC (embedded below) suggests that the problem is more serious. The letter, dated May 11, states the Leap has failed to provide proof of liability insurance and workers' compensation insurance and "evidence of compliance with the controlled substances and alcohol testing requirements." According to the letter, Leap has also not complied with certain "safety requirements prior to operation," including inspections by the California Highway Patrol.
While we believe that our service is in full compliance with all state and local laws, we have decided to halt operations until we clear this final hurdle.
Last week, Police Commission President Suzy Loftus gave a clear directive to Chief Greg Suhr about when she wants a draft policy for the cameras: 90 days. “Yes, ma’am,” he said at the Police Commission meeting in an unusual show of deference to a body often deferential to the chief.Of course once there's a draft, there will likely be wrangling over revisions, and the rest of the timeline for deployment remains unclear. But at least there's some forward momentum for the reform that many hope will increase accountability for police brutality and misconduct.
The Police Commission, charged with disciplining officers and creating policy for the department, has the final say on policy governing camera use.
The lawsuit accuses both uniformed and plainclothes officers of harassing and handcuffing a group of “innocent African American men who were recording and performing a music video” near a playground on Kiska Road on March 8.The incident, in which Yung Lott and about 20 other black men were detained, searched, and photographed by SFPD while filming a rap video in a park, went viral thanks to video footage that circulated on YouTube. At the time, SFPD claimed that the searches were justified due to the fact that a man with a concealed gun walked into the crowd. SFPD told SF Weekly that officers had the right to search all the other men around the suspect with the gun for "officer safety reasons."
“Without probable cause or a search warrant, SFPD officers subjected each and every member of the group to an unreasonable search, seizure, arrest, conspiracy to arrest and humiliation at gunpoint,” the suit says.
The officers “negligently, willfully and/or recklessly allowed Taj Williams to enter the group of musicians with a loaded gun,” the suit says. A footnote in the complaint adds, “On information and belief, SFPD officers would not have allowed a perpetrator that they perceived to be armed with a loaded handgun enter a group of innocent white civilians (for instance, executives at a Google convention).”
The suit says police subjected the group taking part in the music video to a “dangerous condition in order to manufacture cause to conduct a search of the entire group.”
In the last six months the police have recovered more than 100 doses of LSD, over two pounds of marijuana, 88.5 grams of psilocybin (psychedelic mushrooms), more than half of a pound of marijuana edibles, and hashish from drug dealers selling their products on your Property.Other problematic conditions at the location—which Herrera attributes to the presence of "drug activity"—include fights, assaults, public consumption of alcohol, two dog attacks, and car thefts. Since the beginning of 2012, there have been almost 1100 calls for service to SFPD regarding the McDonald's.