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Immigration

Strawberry Pickers Fired For Fleeing California Wildfire

(Credit: NBC LA)

Fifteen farm workers have won back their right to work after being fired last week for fleeing wildfire smoke.

The workers, who pick strawberries for Crisalida Farms in Oxnard, California, were warned by their foreman that they’d lose their jobs if they left. But the raining ash and blowing smoke caused by the fast-burning wildfires proved too much to bear. As one worker told NBC’s southern California affiliate, “it was hard to breathe.”

Though none of the farm workers were part of a union, United Farm Workers stepped in to help with their case this week, stressing the idea that “No worker shall work under conditions where they feel his life or health is in danger.” Crisalida Farms has since agreed to give the workers their jobs back.

Like any huge agricultural economy, California’s farms employ significant numbers of low-wage migrant workers, not all of whom are in the country with proper documentation. Such workers usually lack bargaining power in negotiations, and it’s easy for farm owners to take advantage of those employees. A new set of bills in California aims to address this by creating punitive measures for farms that threaten to report workers to immigration authorities.

Farmworkers’ rights have also been a point of contention during the debate over comprehensive immigration reform, with growers and House Republicans pushing for lower mandatory wages for agricultural employees.

Justice

California Law Funds Confiscation Of Illegally Owned Firearms

On Thursday, California Gov. Jerry Brown (D) approved a law that will allot additional funding to the California police to confiscate illegal firearms.

SB 140 will dedicate $24 million toward tracking and confiscating weapons possessed by people who aren’t permitted them under state law — such as criminals and those with mental illness. This addresses a major problem in California, where it’s estimated that, nearly 20,000 felons or the mentally ill posses a total of 39,000 guns. California is the only state that keeps a list of people who once qualified but are no longer eligible to own a gun.

The money is just under what California’s chief of the Bureau of Firearms Stephen Lindley said the department would need. It will allow the state to hire 36 agents dedicated to confiscating illegal firearms.

The law was part of a package of 30 bills, proposed in the wake of the shooting at Sandy Hook Elementary School, aimed at curbing gun violence. The NRA staunchly opposed the effort, which it deemed “steal[ing] from law-abiding gun owners.”

Climate Progress

‘Mother Nature Turned Off The Spigot’: California Wildfires Fueled By ‘Remarkable’ Dry Weather Conditions

AP photo

A Southern California wildfire that burned through 8,000 acres yesterday has marked an early and ominous start to the state’s fire season.

The fire, fueled by unusually dry conditions and 25 to 60 mph winds that usually aren’t seen until late fall, has damaged 15 homes and forced the evacuation of hundreds of Ventura County residents. As of today, the so-called Springs fire spans more than 15 square miles, with weather forecasts predicting temperatures in the 90s and continuing strong winds.

California has experienced record low rainfall since the “rain year” began in July 2012, with Los Angeles receiving only about five inches of rain since then. Though the winter and early spring months are typically some of Califorina’s wettest, since 2013 began, downtown L.A. has received less than two inches of rain — a fraction of the 11 inches that’s typical for the region at this time of year. The year’s low rainfall coupled with strong Santa Ana winds have created perfect conditions for wildfires in the region, as climatologist William Patzert told the L.A. Times:

It was promising up to December and then all of sudden Mother Nature turned off the spigot,” he said. “It’s remarkable to get Santa Anas in May.… Every way you look at it, it’s been remarkable, unusual and incendiary.

So far, firefighters in California have responded to more than 680 wildfires this year — 200 more the average for this point in the season. In addition to the Springs fire, a wildfire in Riverside County east of L.A. burned through at least 2,950 acres and destroyed two homes before being contained on Thursday, and several fires erupted in Northern California this week as well. The fire risk isn’t expected to let up as the summer goes on — forecasters doubt the Southern California region will receive substantial rain this summer, which has led federal officials to warn of a potentially “devastating” fire season for the state.

And California’s isn’t alone. Multiple studies have linked the risk of stronger, more frequent wildfires to the effects of climate change — most recently, a federal report warned that climate change will double the area of the U.S. burned by wildfires by 2050. Thanks to dry, hot conditions in much of the western U.S., the National Interagency Fire Center predicted this week that fire season could begin early in Oregon and Washington this year as well as in California.

In addition to California’s low rainfall, the state is experiencing decreased snowpack this year, a problem that, as well as exacerbating the state’s dry conditions, spells trouble for California’s freshwater supply. California’s snowpack levels are only at 17 percent of normal readings for this time of year. Water from snowpack usually accounts for up to 75 percent of western California’s freshwater supply and 30 percent of freshwater to the state as a whole.

Health

California Insurance Commissioner Blasts Insurance Giant For Its ‘Unwarranted’ Rate Hikes

California Insurance Commissioner Dave Jones on Wednesday slammed UnitedHealth Group — the nation’s largest private insurance company — over its decision to cut benefits and raise premiums for health plans used by close to 5,000 California small businesses. The combination of cuts and hikes would amount to a nearly eight percent rate hike for small business owners and their employees.

“At a time when small businesses are struggling to survive, UnitedHealthcare’s rate increase is just one more unwarranted economic burden on California’s small business owners and their employees,” said Jones. He estimated that close to 45,000 small business employees could be affected by the hikes.

Jones’ comments were quickly dismissed by UnitedHealth, as a spokesman argued that the annual increase would merely be two percent for customers. But that two percent figure likely only take into account the requested premium rate hike, not the cuts to benefits provided on relevant health plans. Previous, seemingly-arbitrary rate hikes by UnitedHealth and other insurers have led Jones to become a vocal advocate for greater insurance commission authority on the issue, and he has been pushing for the passage of a 2014 popular referendum that would “grant state officials the power to reject unreasonable rate increases for health coverage.”

This certainly isn’t the first time that UnitedHealth has engaged in profit-seeking behavior at the expense of government and employer health expenditures and workers’ benefits. The company recently complained that it wasn’t receiving enough government money despite massive profits and favorable Medicare reimbursement rates, and is one of several companies using Obamacare as a scapegoat for its extravagant rate increases.

In fact, arbitrary rate increases were par-for-the-course long before Obamacare’s passage, and the reform law actually contains protections against sticker shock and fallback measures for Americans who cannot afford private insurance coverage. But given UnitedHealth’s and other insurers’ quests for ever-increasing profits, many state insurance commissioners are looking to more closely scrutinize rate requests to see if they are reasonable.

Health

New California Program Allows Teenagers To Order Free Condoms Online

Through a new state-sponsored initiative called the Condom Access Project, California children living in areas with high STI and teen birth rates will soon be able to get condoms — and instructions on how to use them — delivered for free to their doorsteps after ordering them online. The project is intended to stem the rising tide of teen births and sexually transmitted infections such as gonorrhea, chlamydia, and syphilis in the Golden State.

The website for the service — TeenSource.org — includes information on teen mental and physical health support services, resources for family planning, and maps of facilities that conduct STI testing. Teens between the ages of 12 and 19 will be able to receive as many as ten free condoms per month through the site, which also points users to additional free condom resources and clinics. Once an order is placed, “a package of condoms, lubricant and an educational pamphlet arrives at teenagers’ homes in a nondescript yellow envelope” within several days.

Critics and abstinence-education advocates have lashed out at the effort, asserting that “the overwhelming majority of parents” would be opposed to such a service — but given the failure of abstinence-only sex education, the difficulty of accessing contraception, and California’s recent health trends, it may be necessary one. According to comprehensive data on the California Department of Public Health’s website, California teenage girls between the ages of 10 and 19 make up about 30 percent of all chlamydia and gonorrhea cases, and the teen live birth rate is about 3.5 percent. Those numbers represent rises over previous years, and are comprised of a disproportionate number of poor and minority populations.

Campaigns to prevent the transmission of sexually transmitted infections are also important considering the rise of antibiotic resistant pathogens. Researchers recently identified the first cases of gonorrhea — the second-most common STI — that are immune to antibiotics.

Immigration

California Bills Would Punish Employers Who Take Advantage Of Immigrant Workers

Farm workers in Bakersfield, CA (Credit: Ricardo DeAratanha/Los Angeles Times)

Two bills to protect immigrant workers from exploitation cleared California’s Senate Judiciary Committee Tuesday. The legislation targets California employers who hire undocumented workers and those who threaten their employees with deportation if they complain about dangerous working conditions.

S.B. 516 would ban California employers from hiring foreign workers brought to the U.S. by labor contractors who are not registered with the state, allowing the Labor Commission to determine which contractors are violating workers’ rights. Contractors would also be banned from charging workers recruitment fees, a common gouging tactic used by human traffickers. The other bill, S.B. 666, levels fines up to $10,000 and revokes operating licenses from businesses caught threatening to turn in workers to immigration officials for complaining about their conditions.

If passed, the proposed legislation could help countless immigrants who have endured decades of horrific abuse in silence, as one abused immigrant-turned-activist detailed:

“Angela” came to the United States from the Philippines with the dream that many immigrants hold: to improve her life and seize opportunities. When she arrived in Southern California, however, the foreign labor contractor who had gotten her a visa, helped her travel and promised to find a good job, told her she owed $12,000 and that she’d have to work 10 years to pay off her debt.

For two and a half years, the immigrant, who asked that her real name not be used, worked 18-hour days, seven days a week at a home for the elderly, sleeping in the hallways of the facility and “eating scraps of food” to survive, she said. She was threatened with deportation if she tried to escape.

The bill would also address rampant exploitation in California’s enormous agriculture industry, which runs largely on immigrant workers. These workers, the overwhelming majority of whom are undocumented, suffer dangerous and unsanitary working conditions for a pittance far below the state’s minimum wage. Women who work on these farms endure frequent sexual harassment and violence, but few report their employers for fear of retribution.

Since California farm workers are directly exposed to massive amounts of harmful pesticides, punishing heat without breaks, and injury, they have a death rate five times higher than other employees. Stories of employees being worked to death, such as a 17-year-old pregnant vineyard worker who collapsed and died from heat exhaustion, are common in the state.

Anti-immigrant activists have opposed the bills, claiming that these basic labor protections are “rewarding” immigrants and “aiding and abetting criminal behavior.” The American Farm Bureau has also tried to make it easier for farms to continue paying foreign workers unlivable wages.

LGBT

Conservatives Condemn California ‘Gay Infertility’ Insurance Bill

Anti-gay conservatives are very concerned about a new bill proposed in California that would require insurance companies to cover fertility treatments for same-sex couples just like they do for opposite-sex couples. AB 460 stipulates that such coverage cannot be denied because of sexual orientation — in other words, any couple that is unable to conceive “after a year or more of regular sexual relations without contraception” would be entitled to coverage equally.

Conservatives like Breitbart.com’s Ben Shapiro and WorldNetDaily’s Bob Unruh described the bill as “bizarre,” claiming it takes “pro-homosexual actions to a whole new level.” The American Family Association published the following quote from fellow hate group leader Peter LaBarbera:

This is about biology. Biologically, homosexuals cannot produce children, so politics cannot trump biology. The sad part is, we do have kids being placed in homes which are intentionally motherless or intentionally fatherless – and that’s very sad. But to force insurance companies to provide infertility treatment benefits to homosexual couples is the most ridiculous thing I’ve ever heard, and hopefully the taxpayers of California will restore some common sense to the Legislature and say no.

And in her condescending fashion, Maggie Gallagher added, “The fantasy continues…”

Currently, 15 states, including California, require insurance companies to cover infertility diagnosis and treatment in some fashion. In other words, heterosexual couples in those states who want to have children will have the same opportunity to do so without financial burden whether they can conceive the old-fashioned way or require some medical assistance to do so.

Same-sex couples currently must spend tens of thousands of dollars in order to have a child through methods like surrogacy and egg donors. This is an unfair financial burden that punishes same-sex couples and deprives them of the same opportunity to raise a family. Under this bill, all couples would have the same support to have children. It has nothing to do with “trumping biology”; it’s about creating equity for all California families.

Health

Accused Rapists Scribbled Messages All Over 15-Year-Old Audrie Pott’s Unconscious Body

In an emotional press conference on Monday, Lisa Pott, whose stepdaughter Audrie killed herself last fall after allegedly being raped, read a series of Audrie’s Facebook messages sent shortly before her suicide: “My life is ruined. I can’t do anything to fix it. I just want this to go away. My life is over. The people I thought I could trust f-ed me over and then tried to lie to cover it up. I have a reputation for a night I don’t even remember and the whole school knows.”

Pott’s parents are still trying to piece together what events led to the 15-year-old girl’s rape and suicide. Three 16-year-old boys were arrested last week for allegedly gang raping the 15-year-old girl at a party and texting photos of the crime to friends. According to newly released police reports, the boys also wrote humiliating messages all over Pott’s body because they thought it was funny:

The sheriff’s report also describes writing on her breast that “(blank) was here” — referring to another boy at the party who was not in the bedroom — and the drawing of arrows and circles and other scribbles all over her body and close to her genitalia. [...]

A witness told investigators that Audrie “was scared because someone had put her in a room and took off her clothes, leaving her underwear on.” One of the suspects told an investigator he thought it had been funny to draw all over Audrie, the sheriff’s report says.

The court documents highlight the difficulty investigators had in convincing students who were at the party — and their parents — to tell the truth. One girl told investigators, “I just don’t want to throw anyone under the bus.”
Audrie’s father, Larry Pott, implored students to come forward and “do the right thing” to get to the truth of what happened and why and who knew.

At the time of the alleged assault, all four students attended Saratoga High School in California together. Pott’s Facebook messages also revealed she did not know why she had woken up with her pants off, and believed the boys had sent the photo of her assault to the entire school. The boys will face a juvenile court on charges of misdemeanor sexual battery, felony distribution of child pornography and felony forcible sexual penetration. Pott’s parents also plan to sue them in a wrongful death lawsuit.

Santa Clara County police are especially being scrutinized in the Pott case in light of their failure to file charges in another sexual assault against an intoxicated teenage girl in San Jose in 2007. Several members of the De Anza College baseball team were accused of gang rape, but the district attorney claimed the heavy drinking at the party would make the charges difficult to prove. Defense attorneys asserted the 17-year-old girl led the boys into a room and demanded group sex. However, three female soccer players said they rescued the girl from the attack and brought her to the hospital. All ten defendants were either dropped from the case, settled out of court, or found not liable.

The revelation of Audrie Pott’s possible assault came on the heels of public outrage over the suicide of Rehtaeh Parsons after she was gang-raped by four boys who disseminated of photos of her assault. Parsons’ school was aware of the incident but chose not to look into it. The recent string of stories of high school girls who were assaulted and mocked for it by their peers suggests Pott’s parents will unearth many more community failures behind their daughter’s suicide.

Health

Judges Threaten To Hold Governor In Contempt For Ignoring Prison Health Care Crisis

California Gov. Jerry Brown (D)

A panel of federal judges in California lambasted Gov. Jerry Brown (D) on Thursday, for attempting to end judicial oversight of inmate health care and refusing to reduce dangerous overcrowding in state prisons. The panel found his lack of action was unconstitutional and presented a public health risk — and could lead to Brown being found in contempt of court.

Under the ruling — which the Brown Administration will appeal — California will have to submit a plan outlining how it proposes to reach safe inmate population levels within 21 days. The decision expands on another judge’s ruling last week that court oversight of California prison health care should not end considering the state’s inability to provide inmates with appropriate mental health care due to overcrowding.

The U.S. Supreme Court ruled less than two years ago that California was failing to meet constitutional standards prohibiting cruel and unusual punishment due to rampant prison overcrowding and the resulting inadequate medical services. Brown and other California officials have argued that their efforts to address the issue have been sufficient, and that they should no longer be forced by courts to meet the population standards since the problem has basically been solved:

Deborah Hoffman, a spokeswoman for the California Department of Corrections and Rehabilitation, criticized the judges’ decision in a prepared statement.

“The truth of the matter is that California has invested more than a billion dollars to transform its prison health care system into one of the best in the country,” her statement said. “Our prisons now provide timely and effective health care to inmates that far exceeds what the Constitution requires.”

Currently, the prisons hold 119,542 inmates, or 149.5% of the number they were designed to hold, according to a report released this week by the corrections department.

The jurists…have ordered the state to reduce crowding to 137.5% of capacity. About 9,500 inmates would have to be removed to meet that goal.

Contrary to Hoffman’s and the Brown Administration’s rosy views on the state of California’s prison health system, the Golden State has a horrible record of providing sufficient services to prisoners. That’s particularly significant for the medically vulnerable prison population, which is comprised of a disproportionate number of minorities and low-income Americans — 37 percent of whom have chronic diseases, 65 to 80 percent of whom have struggled with substance abuse, and 13 percent of whom suffer from severe mental illness. With state cuts to mental health funding and California’s bursting prison population, prisons have also turned into de facto asylums, perpetuating cycles of mental illness and poverty in minority populations while enshrining stigma against ex-convicts and mental patients.

Climate Progress

California’s Secret To Green Jobs And A Thriving Clean Economy? It’s Policy.

Gov. Jerry Brown signs bill requiring California utilities to get a third of their power from renewable sources, the country's most aggressive clean energy standard (AP Photo)

By Jorge Madrid via EDF

California has a thriving clean economy. In fact, the Golden State boasted more green jobs in clean energy and transportation last year than the other top 4 states combined, according to a new report by Environmental Entrepreneurs.

Here are some more highlights:

Innovation: The state is a hub for clean energy innovation. Clean technology patents grew by 26 percent in the past 2 years, outpacing the country and the rest of the world. It is the “undisputed leader in solar technology patents” according to Next10.org, with totals greater than the cumulative solar patents of the next eight highest states.

Energy Generation: Total renewable energy generation has grown 28 percent between 2007 and 2011 and wind energy has doubled during this same period. Earlier this month, the state broke its own record for solar power — over 15,394 megawatt-hours of power to the grid, enough for every Californian to keep a 100-watt bulb lit for four hours. Not to be outdone, the state also surpassed 4-gigawatts of wind power — similar to what California’s two nuclear plants can churn out at full power, or enough to momentarily supply over 2.5 million homes.

Jobs: Green jobs are growing four times faster than the rate of all other jobs nationwide, with the majority happening in California according to the Bureau of Labor Statistics. EDF’s analysis of California’s clean economy finds that jobs in core sectors like energy efficiency, renewable energy, clean transportation, and advanced storage and materials have not only remained resilient during the worst of the Great Recession (2008-2010), they outpaced all other job growth and grew 109 percent from 1995 to 2010.

Green jobs are also good jobs in California. They are diverse, across a wide range of education-level and skills, and almost half of all jobs in the clean economy don’t require a college degree according to the Brookings Institution. On average, green jobs offer a higher median wage and career advancement opportunities. An analysis by Philip Romero, the former Dean of CSU Los Angeles College of Business and Economics finds that “workers command wages with a 50-to-100 percent premium over the average job,” and estimates that the overall clean economy will grow “by at least 60-to-100 percent” by the late 2030’s.

Something exciting is happening in California, and at this point you may be wondering what our secret is.

It’s policy. California boasts a legacy of innovation stemming from the state’s leadership in environmental policy — it happens here first and it transforms markets. It is evidenced in everything from improved tailpipe emission standards and higher performing gas mileage in cars, greater efficiency in household appliances, and greener building practices that has transformed the sector and created hundreds of billions of dollars in economic value. All these innovations started with policy.

I believe good stuff can happen when you set clear policies that signal markets and influence behaviors. There is a reason why 24 percent of hybrid and 32 percent of electric vehicles in the US are registered in California: good policy that led to better cars and consumers who could see the improvement to their bottom line at the gas pump. California leads in renewable energy, efficiency, and clean transportation in strong part because of strong policies like AB 32 which puts a price on carbon and sets a statewide Renewable Portfolio Standard, providing a clear market signal for greater investment in clean technology.

And by the way, someone local has to install all those solar panels and wind turbines, weatherize all those homes, as well as maintain and operate all those buses and rail cars — good jobs in the clean economy follow smart policy.

It turns out that California’s “secret” to growing green jobs and a thriving clean economy is not so secret at all… it’s good policy.

– Jorge Madrid is a Climate and Air Fellow at the Environmental Defense Fund. This piece is reposted with permission of the author.

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