latimes--2020-09-01--California lawmaker nurses infant between debates after being denied remote voting

California lawmakers expressed outrage Tuesday that a Bay Area lawmaker was forced to soothe her fussy newborn on the floor of the state Assembly after the new mom ’ s request to vote remotely during the COVID-19 pandemic was denied .
Assemblywoman Buffy Wicks ( D-Oakland ) gave birth to her daughter on July 26 and was on maternity leave as the Legislature was wrapping up its work for the year before Monday ’ s constitutional deadline .
But with critical votes pending on the final day , Wicks requested permission on Friday to vote remotely due to the risk @ @ @ @ @ @ @ In July , the Assembly adopted a policy allowing a special voting procedure for its members who were considered high-risk for contracting the virus .
Assembly members were told they could authorize a legislative leader to cast proxy votes on their behalf , a decision made after two members of the lower house tested positive for the virus over the summer .
But Wicks ’ request was denied by Assembly Speaker Anthony Rendon ( D-Lakewood ) because maternity leave was not considered a high-risk category , a decision that drew sharp rebukes on @ @ @ @ @ @ @ “ It ’ s almost barbaric that people are so clueless or unwilling to adapt , ” state Sen. Hannah-Beth Jackson ( D-Santa Barbara ) said on Tuesday .
A picture and video of Wicks with her swaddled infant launched a wave of praise Monday night for the new mom along with criticism of Rendon — with even Hillary Clinton weighing in .
“ She came back in part to vote on my bill to allow new parents time to bond with their newborns and ensure their jobs are there when they come @ @ @ @ @ @ @ .
Senate Bill 1383 by Jackson passed with the bare minimum of votes needed just minutes before the legislative deadline .
If signed as expected by Gov .
Gavin Newsom , the bill would provide millions of employees who work for smaller businesses with the same while taking family leave as those who work for larger companies .
“ It was beyond ironic that we are passing legislation that helps moms up and down the state and we have a mom who is there with a 1-month-old , ” said state Sen. Connie @ @ @ @ @ @ @ the Legislative Women ’ s Caucus .
Wicks , a former White House aide to then-President Obama who helped steer Hillary Clinton to a 2016 victory in California , was the only lawmaker who asked to vote remotely during the final days of the session .
“ The Speaker understands that members are committed to performing their legislative duties , while still trying to minimize risk of COVID-19 exposure , ” Katie Talbot , a spokeswoman for Rendon said in a statement .
“ The House Resolution pertaining to proxy voting is very @ @ @ @ @ @ @ a higher risk from COVID-19 will be considered eligible for proxy voting .
This bar of eligibility was always intended to be high , to ensure the protection of our legislative process.
” “ The Legislature clearly has a lot of work to do , ” she said .
“ The women ’ s caucus has always focused on making workplaces friendly for working moms , and that should absolutely include the Legislature.
” Both houses of the Legislature grappled with the effects of the coronavirus this week as the final hours of @ @ @ @ @ @ @ Senate chose to allow members to vote remotely through videoconferencing , using the system so 10 Republican senators could weigh in while under quarantine orders after one of the lawmakers contracted COVID-19 and potentially exposed the others .
As the Legislature wrapped up its work Monday night , Wicks spoke on the Assembly floor just after 11:30 p.m. , saying she had been nursing her daughter in her state Capitol office when a housing bill she had been waiting for came up , so she ran to cast her vote — with her @ @ @ @ @ @ @ , please , please pass this bill , and I ’ m going to go finish feeding my daughter , ” Wicks said of Senate Bill 1120 as her daughter began to cry .
The bill by Senate Pro Tem Toni Atkins ( D-San Diego ) failed when the Senate ran out of time to vote on the measure .
Atkins declined to comment on Wicks being denied a proxy vote in the Assembly but said she wasn ’ t surprised to see the assemblywoman voting on bills late into the night , @ @ @ @ @ @ @ will say , I am incredibly impressed and in awe of Assemblymember Buffy Wicks ’ dedication to the issues and to her job , ” Atkins said .
“ And certainly it was quite a sight to see her there with her daughter .
”

Assemblywoman Buffy Wicks (D-Oakland) asked to be allowed to vote remotely. She was denied so brought her infant with her to Sacramento and cast votes Monday on dozens of bills.
California lawmakers expressed outrage Tuesday that a Bay Area lawmaker was forced to soothe her fussy newborn on the floor of the state Assembly after the new mom’s request to vote remotely during the COVID-19 pandemic was denied.
Assemblywoman Buffy Wicks (D-Oakland) gave birth to her daughter on July 26 and was on maternity leave as the Legislature was wrapping up its work for the year before Monday’s constitutional deadline. But with critical votes pending on the final day, Wicks requested permission on Friday to vote remotely due to the risk posed by COVID-19 if she returned.
In July, the Assembly adopted a policy allowing a special voting procedure for its members who were considered high-risk for contracting the virus. Assembly members were told they could authorize a legislative leader to cast proxy votes on their behalf, a decision made after two members of the lower house tested positive for the virus over the summer.
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But Wicks’ request was denied by Assembly Speaker Anthony Rendon (D-Lakewood) because maternity leave was not considered a high-risk category, a decision that drew sharp rebukes on social media and from fellow Democrats. Rendon issued an apology Tuesday night.
“It’s almost barbaric that people are so clueless or unwilling to adapt,” state Sen. Hannah-Beth Jackson (D-Santa Barbara) said Tuesday.
A picture and video of Wicks with her swaddled infant launched a wave of praise Monday night for the new mom along with criticism of Rendon — with even Hillary Clinton weighing in.
California Assemblymember @buffywicks was told that having recently given birth wasn’t sufficient excuse to cast a vote remotely.
So she brought her newborn daughter to the floor to weigh in on an important housing bill. 💪https://t.co/elofHmIcxl pic.twitter.com/ZQf9F10qKE — Hillary Clinton (@HillaryClinton) September 1, 2020
“She came back in part to vote on my bill to allow new parents time to bond with their newborns and ensure their jobs are there when they come back to work,” Jackson added.
Senate Bill 1383 by Jackson passed with the bare minimum of votes needed just minutes before the legislative deadline. If signed as expected by Gov. Gavin Newsom, the bill would provide millions of employees who work for smaller businesses with the same 12 weeks of job protections while taking family leave as those who work for larger companies.
“It was beyond ironic that we are passing legislation that helps moms up and down the state and we have a mom who is there with a 1-month-old,” said state Sen. Connie Leyva (D-Chino), who chairs the Legislative Women’s Caucus.
Wicks, a former White House aide to then-President Obama who helped steer Clinton to a 2016 victory in California, was the only lawmaker who asked to vote remotely during the final days of the session.
“I want to make a full apology to Assemblymember Wicks,” Rendon said in a statement Tuesday night. “My intention was never to be inconsiderate toward her, her role as a legislator, or her role as a mother. Inclusivity and electing more women in politics are core elements of our Democratic values. Nevertheless, I failed to make sure our process took into account the unique needs of our members. The Assembly needs to do better. I commit to doing better.”
Leyva said that explanation fell short.
“The Legislature clearly has a lot of work to do,” she said. “The women’s caucus has always focused on making workplaces friendly for working moms, and that should absolutely include the Legislature.”
Both houses of the Legislature grappled with the effects of the coronavirus this week as the final hours of the legislative session approached. The state Senate chose to allow members to vote remotely through videoconferencing, using the system so 10 Republican senators could weigh in while under quarantine orders after one of the lawmakers contracted COVID-19 and potentially exposed the others.
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As the Legislature wrapped up its work Monday night, Wicks spoke on the Assembly floor just after 11:30 p.m., saying she had been nursing her daughter in her state Capitol office when a housing bill she had been waiting for came up, so she ran to cast her vote — with her baby in her arms.
“Please, please, please pass this bill, and I’m going to go finish feeding my daughter,” Wicks said of Senate Bill 1120 as her daughter began to cry.
The bill by Senate Pro Tem Toni Atkins (D-San Diego) failed when the Senate ran out of time to vote on the measure.
Atkins declined to comment on Wicks being denied a proxy vote in the Assembly but said she wasn’t surprised to see the assemblywoman voting on bills late into the night, including key housing legislation.
“I will say, I am incredibly impressed and in awe of Assemblymember Buffy Wicks’ dedication to the issues and to her job,” Atkins said. “And certainly it was quite a sight to see her there with her daughter.”
Times staff writer John Myers contributed to this story.


latimes--2020-09-01--San Francisco won't use state's 'broad brush' in reopening plan

After being given the green light last week to resume the operation of some businesses under California ’ s sweeping new reopening blueprint , San Francisco city officials on Tuesday said they will follow local health indicators rather than the state ’ s “ broad brush ” guidelines .
Under the new four-tier plan , San Francisco is in Tier 2 , which means it could reopen restaurants for in-person dining with restrictions and immediately allow hair dressers and barbers to work indoors .
The move comes in the wake of months of closures amid the COVID-19 pandemic .
But @ @ @ @ @ @ @ Dr. Grant Colfax , the city ’ s director of public health , reflect a more cautious approach .
Hair stylists are not being allowed to resume indoor operations for roughly four more weeks , and indoor dining is not even on the table .
But officials did offer other reopening plans .
In-person instruction for some K-6 students may be permitted in mid-September , and the city may allow in-person instruction for some middle schools in October .
Hotels will be allowed to reopen for tourism within a couple of weeks ; @ @ @ @ @ @ @ will also open , at limited capacity .
Outdoor tour buses and boats may also resume business .
At the end of September , barbershops , hair salons and nail salons may reopen for indoor services , subject to restrictions .
Churches may reopen for indoor services at 25 % capacity , with a maximum of 25 people .
City officials described these phases as goals that will be met only if COVID-19 infection rates , hospitalizations and other health indicators remain positive .
Breed expressed particular concern about the Labor Day weekend @ @ @ @ @ @ @ spike in new coronavirus cases after the Fourth of July and knows that residents will be tempted to gather with family and friends .
But contact tracing has shown that those types of gatherings have sparked new infections , she said .
“ The last thing I want to do is tell you we are going to be opening and then need to make changes , ” she said .
Colfax said the new state guidelines use a “ broad brush ” to label the pandemic ’ s impact across vastly different counties @ @ @ @ @ @ @ dense , urban San Francisco .
“ Our reopening pace will be informed by our ability to manage the risk of more activities that may result in more cases and more hospitalizations , ” Colfax said .
For example , he said , indoor dining poses too many risks right now , because diners and staff are together for long periods of time without masks .
On Tuesday , San Francisco reopened outdoor pools , indoor malls and outdoor hair salons , barbershops and other personal services , all subject to restrictions .
@ @ @ @ @ @ @ limited to 12 people .

A worker waits for customers at GoCar Tours in San Francisco. Tourism in the city is down more than 50% since March.
After being given the green light last week to resume the operation of some businesses under California’s sweeping new reopening blueprint, San Francisco city officials on Tuesday said they will follow local health indicators rather than the state’s “broad brush” guidelines.
Under the new four-tier plan, San Francisco is in Tier 2, which means it could reopen restaurants for in-person dining with restrictions and immediately allow hair dressers and barbers to work indoors. The move comes in the wake of months of closures amid the COVID-19 pandemic.
But plans announced by Mayor London Breed and Dr. Grant Colfax, the city’s director of public health, reflect a more cautious approach. Hair stylists are not being allowed to resume indoor operations for roughly four more weeks, and indoor dining is not even on the table.
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But officials did offer other reopening plans. In-person instruction for some K-6 students may be permitted in mid-September, and the city may allow in-person instruction for some middle schools in October.
Hotels will be allowed to reopen for tourism within a couple of weeks; indoor museums and the San Francisco Zoo will also open, at limited capacity. Outdoor tour buses and boats may also resume business.
At the end of September, barbershops, hair salons and nail salons may reopen for indoor services, subject to restrictions. Churches may reopen for indoor services at 25% capacity, with a maximum of 25 people.
City officials described these phases as goals that will be met only if COVID-19 infection rates, hospitalizations and other health indicators remain positive.
Breed expressed particular concern about the Labor Day weekend. She said the city saw a spike in new coronavirus cases after the Fourth of July and knows that residents will be tempted to gather with family and friends. But contact tracing has shown that those types of gatherings have sparked new infections, she said.
“The last thing I want to do is tell you we are going to be opening and then need to make changes,” she said.
Advertisement
Colfax said the new state guidelines use a “broad brush” to label the pandemic’s impact across vastly different counties — from small, rural communities to dense, urban San Francisco.
“Our reopening pace will be informed by our ability to manage the risk of more activities that may result in more cases and more hospitalizations,” Colfax said.
For example, he said, indoor dining poses too many risks right now, because diners and staff are together for long periods of time without masks.
On Tuesday, San Francisco reopened outdoor pools, indoor malls and outdoor hair salons, barbershops and other personal services, all subject to restrictions. Indoor funerals are also permitted but are limited to 12 people.


latimes--2020-09-01--As COVID-19 grinds on, the fate of L.A.'s music clubs rests with a divided Congress

In February , Kyle Wilkerson planned on booking 400 shows at the Bootleg Theater this year .
The first months of 2020 looked great for the Westlake venue .
It might have been the best year since the 36-year-old Wilkerson and his promotion firm Sid the Cat took over bookings in 2015 .
The 250-capacity club ( and its attached 500-seat space for live theater ) had packed-out residencies from Mandy Moore and Moses Sumney .
The jobs of the Bootleg ’ s 30 or so staffers were on strong footing .
“ We got the club to the point @ @ @ @ @ @ @ people with their careers , which is always the most fulfilling part , ” Wilkerson said .
But after COVID-19 upended everything , the venue went dark in March , along with nearly every other room for live music in the U.S. Now it ’ s September and there are no signs of the pandemic subsiding soon .
Absent federal intervention , an estimated 90 % of independent concert halls and clubs like the Bootleg will likely shutter within months , according to member surveys from the National Independent Venue Assn .
Wilkerson @ @ @ @ @ @ @ this summer , he ’ d be frantically emailing everyone he knew pushing for legislation that might be the only way to save his industry from collapse .
“ They have been some of most hard-hit businesses and employees in the country , ” said Sen. Amy Klobuchar ( D-Minn. ) , who in late July introduced the Save Our Stages bill , which would give billions in grants to small music and arts venues nationwide .
“ One thing we ’ ve learned since this started is that not all industries are @ @ @ @ @ @ @ t go to a mosh pit in the middle of a pandemic.
” If the bill passes , likely as part of a larger pandemic relief package , the Bootleg and clubs like it might hang on long enough to turn on the lights again next year .
“ Save Our Stages will extend our time to keep this pause going , and we can rest easier knowing that we can still be a club , ” Wilkerson said .
The stakes couldn ’ t be higher for thousands of small- and medium-size @ @ @ @ @ @ @ country that were already facing rising rents and the creeping monopolization of touring by global firms like Live Nation and AEG .
It ’ s a rough-and-tumble business in the best of times , but the mandatory closures needed to combat COVID-19 have left them on a cliff ’ s edge — one unique to an industry that depends on people gathering in tight spaces .
Some hospitality and entertainment industries like restaurants and film production have resumed , if fitfully .
Drive-in concerts are sometimes a surreal substitute for outdoor shows .
@ @ @ @ @ @ @ most necessary public health measures or nonviable at the reduced capacity needed to stay safe .
Venue operators were prepared for a few months of closure , but a whole year or more in the dark ( and $ 9 billion of lost industry revenue in 2020 , according to Billboard ) is just not possible .
“ It feels like being told that in order to survive , you have to run a marathon .
But at the 25th mile , they say , ‘ Oh , no , it ’ s @ @ @ @ @ @ @ one to run , and this time wearing a backpack full of cement , ’ ” said Audrey Fix Schaefer , a spokesperson for the association who works for several Washington , D.C.-area venues like the Merriweather Post Pavilion , the 9:30 Club and the Anthem .
“ With zero revenue and enormous overhead , it ’ s impossible for even the best business person to survive this without federal assistance.
” On Tuesday , association-allied venues will light their exteriors red to show the spaces that are in critical danger .
Across @ @ @ @ @ @ @ for as a music venue , and even the Troubadour is in rough seas .
If places like the Bootleg , which hosted shows from Arcade Fire , Childish Gambino and Fiona Apple , and incubated the careers of L.A. acts like Phoebe Bridgers , go under , they ’ re probably not coming back as risk-taking arts spaces .
“ If historically important places like Bootleg and Troubadour didn ’ t exist , it would take years for new spots to pop up , and the things that replace it will be @ @ @ @ @ @ @ afford to live in , ” said Christian Lee Hutson , an L.A. singer-songwriter and frequent collaborator of Bridgers and Conor Oberst .
He recorded a cover of ABBA ’ s “ Dancing Queen ” for an impromptu fundraiser for the Bootleg that raised $ 30,000 for its staff .
But , says Hutson , “ venues are not going to survive on the goodwill of people donating.
” Klobuchar ’ s Save Our Stages bill would take some of that pressure off .
After seeing the predicament of Minneapolis ’ First Avenue @ @ @ @ @ @ @ and where the Replacements , Hüsker Dü and scores of other acts got their starts — she co-sponsored Save Our Stages with Republican Sen. John Cornyn , whose home state of Texas saw cancellation of the South by Southwest festival in Austin as a harbinger of the COVID-19 doom to come .
The bill would allocate $ 10 billion for grants to live venues , talent agencies and promoters with fewer than 500 full-time employees and that are not publicly traded companies or operate in more than one country or 10 states .
@ @ @ @ @ @ @ 2019 revenue ( up to $ 12 million ) , with additional funding available if the venue has still lost 80 % of its income by December .
Unlike the funds under the Paycheck Protection Program , which many clubs found impossible to procure , this money could also be used for expenses like rent or mortgages , utilities and insurance .
Other proposed bills , like the RESTART and ENCORES acts , would have broad benefits for businesses that have been decimated by COVID-19 .
But Save Our Stages directly acknowledges both @ @ @ @ @ @ @ has taken during the pandemic and the irreplaceable role these venues play in big and small communities alike .
It already has a broad coalition of support in the House and Senate , and musicians from Billie Eilish to Robert Plant and Lady Gaga have signed a letter of support .
Senate Minority Leader Chuck Schumer ( D-N.Y. ) has signed on as a co-sponsor , and Senate Majority Leader Mitch McConnell ( R-Ky. ) has taken calls from home-state musicians Sturgill Simpson and Jim James pushing to save venues .
“ That @ @ @ @ @ @ @ ’ ve been able to pick up a lot of [ bipartisan ] support , because a lot of red states have towns where a music venue or theater is really important , ” Klobuchar said .
“ The Fargo Theatre is really important [ to North Dakota ] , and country music venues across the South and West are really important there as well.
” Several booking and talent reps working with the National Independent Talent Organization said that without a coherent national plan for saving local venues , the live industry @ @ @ @ @ @ @ after venues can legally reopen .
“ It takes time to ramp up , even if venues open in May or June next year , ” said Stormy Shepherd of Leave Home Booking in Salt Lake City .
“ Managers and agencies may not see any income until mid-summer , and that ’ s optimistic.
” “ There ’ s a whole ecosystem of jobs and titles and people who are affected by this , ” said Tom Chauncey of Partisan Arts , a booking firm in Sausalito .
“ Touring doesn ’ @ @ @ @ @ @ @ , which is going to take months .
If venues start to leave , it will be a disaster.
” “ This is a genuine threat to the existence of independent music , ” added Frank Riley of booking agency High Road Touring , also in Sausalito .
“ Not just venues , but everyone .
You take that out , and you lose a whole generation of music.
” On Aug. 12 , about a dozen members of the talent organization and other affected industries gathered in front of empty banquet tables @ @ @ @ @ @ @ to demand attention from state and national governments .
“ I might survive this , but I can ’ t help but wonder how all the people from the bottom up are surviving .
There ’ s a lot of angst being built up , ” said Mike Ness , the singer and founder of O.C .
punk stalwarts Social Distortion .
Klobuchar is optimistic that a relief package that includes Save Our Stages is possible , but it will have to get through a divided Congress where another stimulus package has stalled @ @ @ @ @ @ @ a bigger negotiation , and at this point it ’ s in Republicans ’ hands , ” Klobuchar said .
“ It ’ s hard to do when people don ’ t have unemployment , when they don ’ t have postage for voting .
Its success is tied to getting a larger bill done.
” But the window to salvage these venues is closing every month .
“ It ’ s almost as if we ’ re waiting for a liver transplant , ” Schaefer said .
“ It ’ s got @ @ @ @ @ @ @ still alive to be meaningful.
” Back at the Bootleg , Wilkerson and his team are holding on as best they can .
They ’ re lucky in some respects , as the club did receive some PPP funding and nonprofit grants for its theater programming .
But Wilkerson estimates that it will take “ into six figures ” for the club to survive the year and much more if COVID-19 shutdowns continue into next spring and summer .
These next few months will determine if there ’ s a future for the @ @ @ @ @ @ @ these fond nights with their friends ; people meet the love of their life here , ” Wilkerson said .
“ It ’ s hard to compare these spaces to other things , but it is kind of holy , because so much happens there .
When they ’ re gone , maybe something fills the void , but it will never be the same .
”

Kyle Wilkerson, left, and marketing director Tommy Sugimoto at the closed Bootleg Theater in Los Angeles. Without government funding, they may never reopen.
In February, Kyle Wilkerson planned on booking 400 shows at the Bootleg Theater this year.
The first months of 2020 looked great for the Westlake venue. It might have been the best year since the 36-year-old Wilkerson and his promotion firm Sid the Cat took over bookings in 2015. The 250-capacity club (and its attached 500-seat space for live theater) had packed-out residencies from Mandy Moore and Moses Sumney. The jobs of the Bootleg’s 30 or so staffers were on strong footing.
“We got the club to the point where we were really rolling and helping people with their careers, which is always the most fulfilling part,” Wilkerson said.
Advertisement
But after COVID-19 upended everything, the venue went dark in March, along with nearly every other room for live music in the U.S. Now it’s September and there are no signs of the pandemic subsiding soon.
Absent federal intervention, an estimated 90% of independent concert halls and clubs like the Bootleg will likely shutter within months, according to member surveys from the National Independent Venue Assn.
Wilkerson never imagined that instead of booking concerts this summer, he’d be frantically emailing everyone he knew pushing for legislation that might be the only way to save his industry from collapse.
But finally, lawmakers are listening.
“They have been some of most hard-hit businesses and employees in the country,” said Sen. Amy Klobuchar (D-Minn.), who in late July introduced the Save Our Stages bill, which would give billions in grants to small music and arts venues nationwide. “One thing we’ve learned since this started is that not all industries are alike, and you simply can’t go to a mosh pit in the middle of a pandemic.”
If the bill passes, likely as part of a larger pandemic relief package, the Bootleg and clubs like it might hang on long enough to turn on the lights again next year.
“Save Our Stages will extend our time to keep this pause going, and we can rest easier knowing that we can still be a club,” Wilkerson said.
Advertisement
The stakes couldn’t be higher for thousands of small- and medium-size live music and art spaces across the country that were already facing rising rents and the creeping monopolization of touring by global firms like Live Nation and AEG. It’s a rough-and-tumble business in the best of times, but the mandatory closures needed to combat COVID-19 have left them on a cliff’s edge — one unique to an industry that depends on people gathering in tight spaces.
Some hospitality and entertainment industries like restaurants and film production have resumed, if fitfully. Drive-in concerts are sometimes a surreal substitute for outdoor shows. But indoor live music is incompatible with most necessary public health measures or nonviable at the reduced capacity needed to stay safe. Venue operators were prepared for a few months of closure, but a whole year or more in the dark (and $9 billion of lost industry revenue in 2020, according to Billboard) is just not possible.
“It feels like being told that in order to survive, you have to run a marathon. But at the 25th mile, they say, ‘Oh, no, it’s an ultra marathon. You have another one to run, and this time wearing a backpack full of cement,’” said Audrey Fix Schaefer, a spokesperson for the association who works for several Washington, D.C.-area venues like the Merriweather Post Pavilion, the 9:30 Club and the Anthem. “With zero revenue and enormous overhead, it’s impossible for even the best business person to survive this without federal assistance.”
On Tuesday, association-allied venues will light their exteriors red to show the spaces that are in critical danger. Across L.A., the Satellite is already done for as a music venue, and even the Troubadour is in rough seas. If places like the Bootleg, which hosted shows from Arcade Fire, Childish Gambino and Fiona Apple, and incubated the careers of L.A. acts like Phoebe Bridgers, go under, they’re probably not coming back as risk-taking arts spaces.
“If historically important places like Bootleg and Troubadour didn’t exist, it would take years for new spots to pop up, and the things that replace it will be empty high-rise condos that no musician could afford to live in,” said Christian Lee Hutson, an L.A. singer-songwriter and frequent collaborator of Bridgers and Conor Oberst. He recorded a cover of ABBA’s “Dancing Queen” for an impromptu fundraiser for the Bootleg that raised $30,000 for its staff.
But, says Hutson, “venues are not going to survive on the goodwill of people donating.”
“You simply can’t go to a mosh pit in the middle of a pandemic,” says Sen. Amy Klobuchar, cosponsor of the “Save Our Stages” bill. (Jack Plunkett / Invision / Associated Press)
Klobuchar’s Save Our Stages bill would take some of that pressure off. After seeing the predicament of Minneapolis’ First Avenue — Prince’s home club, and where the Replacements, Hüsker Dü and scores of other acts got their starts — she co-sponsored Save Our Stages with Republican Sen. John Cornyn, whose home state of Texas saw cancellation of the South by Southwest festival in Austin as a harbinger of the COVID-19 doom to come.
The bill would allocate $10 billion for grants to live venues, talent agencies and promoters with fewer than 500 full-time employees and that are not publicly traded companies or operate in more than one country or 10 states. Grants would equal 45% of their 2019 revenue (up to $12 million), with additional funding available if the venue has still lost 80% of its income by December. Unlike the funds under the Paycheck Protection Program, which many clubs found impossible to procure, this money could also be used for expenses like rent or mortgages, utilities and insurance.
Other proposed bills, like the RESTART and ENCORES acts, would have broad benefits for businesses that have been decimated by COVID-19. But Save Our Stages directly acknowledges both the singular hit that independent live music has taken during the pandemic and the irreplaceable role these venues play in big and small communities alike.
It already has a broad coalition of support in the House and Senate, and musicians from Billie Eilish to Robert Plant and Lady Gaga have signed a letter of support. Senate Minority Leader Chuck Schumer (D-N.Y.) has signed on as a co-sponsor, and Senate Majority Leader Mitch McConnell (R-Ky.) has taken calls from home-state musicians Sturgill Simpson and Jim James pushing to save venues.
“That’s one of the reasons we’ve been able to pick up a lot of [bipartisan] support, because a lot of red states have towns where a music venue or theater is really important,” Klobuchar said. “The Fargo Theatre is really important [to North Dakota], and country music venues across the South and West are really important there as well.”
Several booking and talent reps working with the National Independent Talent Organization said that without a coherent national plan for saving local venues, the live industry might take years to recover, even after venues can legally reopen.
“It takes time to ramp up, even if venues open in May or June next year,” said Stormy Shepherd of Leave Home Booking in Salt Lake City. “Managers and agencies may not see any income until mid-summer, and that’s optimistic.”
“There’s a whole ecosystem of jobs and titles and people who are affected by this,” said Tom Chauncey of Partisan Arts, a booking firm in Sausalito. “Touring doesn’t work until venues are at capacity, which is going to take months. If venues start to leave, it will be a disaster.”
“This is a genuine threat to the existence of independent music,” added Frank Riley of booking agency High Road Touring, also in Sausalito. “Not just venues, but everyone. You take that out, and you lose a whole generation of music.”
The Troubadour is just one of the many L.A. nightclubs facing extinction during the COVID-19 pandemic. (Mike Nelson / EPA)
On Aug. 12, about a dozen members of the talent organization and other affected industries gathered in front of empty banquet tables and a car caravan outside L.A. Live to demand attention from state and national governments.
“I might survive this, but I can’t help but wonder how all the people from the bottom up are surviving. There’s a lot of angst being built up,” said Mike Ness, the singer and founder of O.C. punk stalwarts Social Distortion.
Klobuchar is optimistic that a relief package that includes Save Our Stages is possible, but it will have to get through a divided Congress where another stimulus package has stalled. “It’s part of a bigger negotiation, and at this point it’s in Republicans’ hands,” Klobuchar said. “It’s hard to do when people don’t have unemployment, when they don’t have postage for voting. Its success is tied to getting a larger bill done.”
But the window to salvage these venues is closing every month. “It’s almost as if we’re waiting for a liver transplant,” Schaefer said. “It’s got to come in while you’re still alive to be meaningful.”
Back at the Bootleg, Wilkerson and his team are holding on as best they can. They’re lucky in some respects, as the club did receive some PPP funding and nonprofit grants for its theater programming. But Wilkerson estimates that it will take “into six figures” for the club to survive the year and much more if COVID-19 shutdowns continue into next spring and summer.
These next few months will determine if there’s a future for the club or not.
“People remember these fond nights with their friends; people meet the love of their life here,” Wilkerson said. “It’s hard to compare these spaces to other things, but it is kind of holy, because so much happens there. When they’re gone, maybe something fills the void, but it will never be the same.”


latimes--2020-09-01--Teen suspect arrested in shooting death of rising basketball star Semaj Miller

More than a month after the shooting death of 14-year-old Semaj Miller , Los Angeles police have made an arrest in the case .
LAPD officers and the FBI ’ s Fugitive Task Force on Monday arrested a 17-year-old suspect in the slaying of Miller , who coaches said was a rising basketball star .
The suspect , who was not identified because of his age , faces one count of murder on a juvenile , according to the L.A. County district attorney ’ s office .
Miller , who planned to enroll at Compton High this fall , was @ @ @ @ @ @ @ in the 100 block of East 87th Place in Broadway-Manchester on July 29 and was pronounced dead at the scene .
The L.A. County coroner determined his death was caused by a gunshot wound to the torso .
LAPD detectives declined to comment about how they found the suspect .
Miller ’ s grandmother , Ada Sandifer , 76 , said the arrest is a step toward closure .
“ I ’ m so relieved that he was captured , ” she said .
“ My baby did not deserve this.
” More @ @ @ @ @ @ @ for Miller last month in Compton , and rappers Master P and Snoop Dogg helped pay for the funeral .
Miller played youth basketball for Derrick Cooper , founder of the L.A. City Wildcats Youth Academy and a childhood mentor to James Harden , the 2018 NBA most valuable player for the Houston Rockets .
Miller would have played varsity basketball for Tony Thomas , the former high school coach of San Antonio Spurs star DeMar DeRozan .
Both coaches said Miller was destined for stardom .
Coaches and loved ones say the @ @ @ @ @ @ @ ’ s death .
If he had a gym or park to play in , coaches said , Miller might not have been where he was when he was shot .
“ I think a lot of people were there for Semaj , but because he didn ’ t have the right support system in place , he didn ’ t get the help that he needed , ” Cooper said Tuesday .
“ We have to find a way to heal because we still haven ’ t healed yet and we ’ @ @ @ @ @

More than a month after the shooting death of 14-year-old Semaj Miller, Los Angeles police have made an arrest in the case.
LAPD officers and the FBI’s Fugitive Task Force on Monday arrested a 17-year-old suspect in the slaying of Miller, who coaches said was a rising basketball star. The suspect, who was not identified because of his age, faces one count of murder on a juvenile, according to the L.A. County district attorney’s office.
Miller, who planned to enroll at Compton High this fall, was found unresponsive outside an apartment complex courtyard in the 100 block of East 87th Place in Broadway-Manchester on July 29 and was pronounced dead at the scene. The L.A. County coroner determined his death was caused by a gunshot wound to the torso.
LAPD detectives declined to comment about how they found the suspect.
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Miller’s grandmother, Ada Sandifer, 76, said the arrest is a step toward closure. “I’m so relieved that he was captured,” she said. “My baby did not deserve this.”
More than 100 people attended a candlelight vigil for Miller last month in Compton, and rappers Master P and Snoop Dogg helped pay for the funeral.
Miller played youth basketball for Derrick Cooper, founder of the L.A. City Wildcats Youth Academy and a childhood mentor to James Harden, the 2018 NBA most valuable player for the Houston Rockets.
Miller would have played varsity basketball for Tony Thomas, the former high school coach of San Antonio Spurs star DeMar DeRozan.
Both coaches said Miller was destined for stardom.
Coaches and loved ones say the COVID-19 pandemic played a part in Miller’s death. If he had a gym or park to play in, coaches said, Miller might not have been where he was when he was shot.
“I think a lot of people were there for Semaj, but because he didn’t have the right support system in place, he didn’t get the help that he needed,” Cooper said Tuesday. “We have to find a way to heal because we still haven’t healed yet and we’re not happy.”


latimes--2020-09-01--'Dangerous' heat wave forecast for Southern California's Labor Day weekend

Mother Nature will crank up the temperature across Southern California over the Labor Day holiday weekend , the National Weather Service said .
A dangerous heat wave is likely as upper-level high pressure over the Southwest strengthens and expands across the Western third of the country .
Temperatures could reach record levels , especially Saturday and Sunday , the weather service warned .
This weather will be “ just as hot , or maybe a little hotter , and potentially more dangerous ” than the last heat wave , although it isn ’ t expected to be as sticky and @ @ @ @ @ @ @ a meteorologist with the National Weather Service in Oxnard .
“ This is at the high end of heat waves for our area , with highs of 115 possible in the San Fernando Valley , ” he said .
Sirard urged caution , noting that “ bad things can happen with this kind of heat.
” He urged people to curtail outdoor activity because heat stroke is a real possibility .
Very warm overnight lows will provide little relief , and officials urged people to check on loved ones , especially older people @ @ @ @ @ @ @ that people curtail hiking in the mountains , including the Santa Monicas .
The National Weather Service has issued an excessive heat watch for the valley and interior areas for Friday morning through Monday evening , and beginning Saturday morning in the coastal areas .
Gusty northerly winds and dry conditions will promote elevated to near-critical fire weather as firefighters continue to battle historic blazes across the state .
The San Fernando Valley may see highs of 108 to 115 degrees , while the San Gabriel Valley could reach 103 to 112 .
@ @ @ @ @ @ @ see temperatures as high as 112 degrees , and downtown Los Angeles will probably be in the low 100s , Sirard said .
High pressure will suppress the marine layer , and the beaches will reach temperatures in the mid-80s to 90 degrees .
Although there will be a little monsoonal moisture , and cumulus clouds may form over the mountains , but no thunderstorms are anticipated , forecasters said .
Sirard described conditions as “ moderately dry ” with some offshore flow — not as humid as the last hot spell , @ @ @ @ @ @ @ conditions .
“ This high-pressure ridge is the first North Pacific system we ’ ve seen this season , ” climatologist Bill Patzert said .
“ This is Santa Ana-ish .
This is a three-day , triple-digit , dangerous event .
“ Extreme heat waves are killers , especially for those who don ’ t have or can ’ t afford air conditioning , ” he said .

An excessive heat watch has been issued for a vast area over the Labor Day weekend.
Mother Nature will crank up the temperature across Southern California over the Labor Day holiday weekend, the National Weather Service said.
A dangerous heat wave is likely as upper-level high pressure over the Southwest strengthens and expands across the Western third of the country. Temperatures could reach record levels, especially Saturday and Sunday, the weather service warned.
This weather will be “just as hot, or maybe a little hotter, and potentially more dangerous” than the last heat wave, although it isn’t expected to be as sticky and humid, according to Joe Sirard, a meteorologist with the National Weather Service in Oxnard.
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“This is at the high end of heat waves for our area, with highs of 115 possible in the San Fernando Valley,” he said.
Sirard urged caution, noting that “bad things can happen with this kind of heat.” He urged people to curtail outdoor activity because heat stroke is a real possibility.
Very warm overnight lows will provide little relief, and officials urged people to check on loved ones, especially older people. He also “highly recommended” that people curtail hiking in the mountains, including the Santa Monicas.
The National Weather Service has issued an excessive heat watch for the valley and interior areas for Friday morning through Monday evening, and beginning Saturday morning in the coastal areas.
Gusty northerly winds and dry conditions will promote elevated to near-critical fire weather as firefighters continue to battle historic blazes across the state.
The San Fernando Valley may see highs of 108 to 115 degrees, while the San Gabriel Valley could reach 103 to 112. Santa Clarita and the Antelope Valley could see temperatures as high as 112 degrees, and downtown Los Angeles will probably be in the low 100s, Sirard said.
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High pressure will suppress the marine layer, and the beaches will reach temperatures in the mid-80s to 90 degrees.
Although there will be a little monsoonal moisture, and cumulus clouds may form over the mountains, but no thunderstorms are anticipated, forecasters said.
Sirard described conditions as “moderately dry” with some offshore flow — not as humid as the last hot spell, but not as dry as Santa Ana conditions.
“This high-pressure ridge is the first North Pacific system we’ve seen this season,” climatologist Bill Patzert said. “This is Santa Ana-ish. This is a three-day, triple-digit, dangerous event.
“Extreme heat waves are killers, especially for those who don’t have or can’t afford air conditioning,” he said.


latimes--2020-09-01--California firestorm rewrites record books as crews work to get blazes under control

Firefighters are continuing to make progress in their battle against historic blazes , three of which now rank among California ’ s biggest wildfires ever .
The August Complex fire — which started Aug. 17 in the Mendocino National Forest — is now the ninth-largest in state history at more than 242,000 acres , according to the California Department of Forestry and Fire Protection .
Joining that blaze in the recent rewrite of the record books are the SCU Lightning Complex fire , the state ’ s second largest at more than 390,000 acres ; and the LNU Lightning Complex @ @ @ @ @ @ @ acres is the third-largest in California history .
Fire officials said crews are gaining ground as they labor to get those massive blazes under control and allow evacuated residents to return to their homes .
As of Tuesday morning , the August Complex — initially a series of 37 different blazes , many of which have since merged or been brought under control— was 20 % contained overall .
The SCU Lightning Complex — which began as a collection of about 20 blazes in Contra Costa , Alameda , Santa Clara , Stanislaus @ @ @ @ @ @ @ 70 % contained .
The LNU Lightning Complex — which has charred parts of Napa , Sonoma , Lake , Solano , Yolo and Colusa counties — is 66 % contained .
“ Still a lot of work ahead , but containment numbers are increasing , ” Daniel Berlant , a Cal Fire information officer , said in a video briefing Monday .
Despite the progress , the combined fires have taken a tremendous toll on the state .
Since Aug. 15 — the start of what officials deemed that has pelted the @ @ @ @ @ @ @ have had to contend with more than 900 new wildfires that have burned in excess of 1.48 million total acres , according to Cal Fire .
Over the first eight months of last year combined , there were roughly 4,600 fires that burned about 63,000 total acres — “ so , a significant increase in not just the number of fires to date , but also in the acres burned , ” Berlant said .
“ And historically , it ’ s September and October when California experiences its largest and most damaging @ @ @ @ @ @ @ firestorm has ravaged parts of the state ’ s landscape , leaving burn scars vast enough that they can be seen from space .
Combined , the recent blazes have destroyed more than 3,000 structures statewide , according to Cal Fire .
Eight fatalities have been reported .
That death toll includes a firefighter who was killed in the Mendocino National Forest north of San Francisco , authorities said Monday .

Sid Torun, owner of M.S. Torun Winery and Ranch, walks through a portion of his property that was burned by the LNU Lightning Complex fire in Vacaville, Calif.
Firefighters are continuing to make progress in their battle against historic blazes, three of which now rank among California’s biggest wildfires ever.
The August Complex fire — which started Aug. 17 in the Mendocino National Forest — is now the ninth-largest in state history at more than 242,000 acres, according to the California Department of Forestry and Fire Protection.
Joining that blaze in the recent rewrite of the record books are the SCU Lightning Complex fire, the state’s second-largest at more than 390,000 acres; and the LNU Lightning Complex fire, which at more than 375,000 acres is the third-largest in California history.
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This month we have experienced record breaking wildfires. The #SCULightningComplex the 2nd largest fire, the #LNULightningComplex the 3rd largest, and the #AugustComplex the 9th largest fires in California history. https://t.co/6s2QmGvwFi pic.twitter.com/DRQh84ovuG — CAL FIRE (@CAL_FIRE) August 31, 2020
Fire officials said crews are gaining ground as they labor to get those massive blazes under control and allow evacuated residents to return to their homes.
As of Tuesday morning, the August Complex — initially a series of 37 blazes, many of which have since merged or been brought under control — was 20% contained overall.
The SCU Lightning Complex — which began as a collection of about 20 blazes in Contra Costa, Alameda, Santa Clara, Stanislaus and San Joaquin counties — is now 70% contained.
The LNU Lightning Complex — which has charred parts of Napa, Sonoma, Lake, Solano, Yolo and Colusa counties — is 66% contained.
“Still a lot of work ahead, but containment numbers are increasing,” Daniel Berlant, a Cal Fire information officer, said in a video briefing Monday.
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Despite the progress, the combined fires have taken a tremendous toll on the state.
Since Aug. 15 — the start of what officials deemed a “lightning siege” that has pelted the state with nearly 14,000 strikes — crews have had to contend with more than 900 new wildfires that have burned in excess of 1.48 million total acres, according to Cal Fire.
Over the first eight months of last year combined, there were roughly 4,600 fires that burned about 63,000 total acres — “so, a significant increase in not just the number of fires to date, but also in the acres burned,” Berlant said.
“And historically, it’s September and October when California experiences its largest and most damaging wildfires,” he said.
The firestorm has ravaged parts of the state’s landscape, leaving burn scars vast enough that they can be seen from space.
Big Basin Redwoods State Park in the Santa Cruz Mountains, California’s oldest state park, was so badly burned that it will be closed to the public for at least one year, said Chris Spohrer, a state parks district superintendent.
Spohrer, who led Gov. Gavin Newsom and Peter Gaynor, the administrator of the Federal Emergency Management Agency, through the scorched grounds, said most of the park’s trees survived but it will take a year for forest managers to remove the ones damaged beyond repair.
Fallen trees and charred vegetation were everywhere, and the park’s nature museum and lodge were reduced to rubble.
“If this is not a gut punch, then you’re not truly conscious as a human being,” Newsom said.
Combined, the recent blazes are projected to destroy more than 3,000 structures statewide, according to Cal Fire. Eight fatalities have been reported. That toll includes a firefighter who was killed in the Mendocino National Forest north of San Francisco, authorities said Monday.
Pool reports contributed to this article.


latimes--2020-09-01--FBI investigates after alarmed pilot tells LAX tower: 'We just passed a guy in a jet pack'

The FBI has launched an investigation after an American Airlines pilot said he saw what appeared to be a man flying with a jet pack Sunday night near Los Angeles International Airport .
“ Tower , American 1997 .
We just passed a guy in a jet pack , ” the first American Airlines pilot states in a call to the control tower .
“ American 1997 , OK , thank you .
Were they off to your left or right side ?
” the tower operator answers .
“ Off the left side , maybe 300 yards or so @ @ @ @ @ @ @ pilot responds .
“ We just saw the guy pass us by in the jet pack , ” a second pilot from Jet Blue Airways then tells the tower , which warned another pilot about the sighting .
FBI spokeswoman Laura Eimiller said Tuesday that agents at LAX were investigating after the pilot reported the incident to the control tower .
“ The FBI is aware of the reports by pilots on Sunday and is working to determine what occurred , ” the agency said in a statement .
The Federal Aviation Administration @ @ @ @ @ @ @ Two airline flight crews reported seeing what appeared to be someone in a jet pack as they were on their final approach to LAX around 6:35 p.m. Sunday , ” spokesman Ian Gregor told City News Service .
“ The FAA alerted local law enforcement to the reports and is looking into these reports .
”

A jet comes in for a landing at Los Angeles International Airport.
The FBI has launched an investigation after an American Airlines pilot said he saw what appeared to be a man flying with a jet pack Sunday night near Los Angeles International Airport.
“Tower, American 1997. We just passed a guy in a jet pack,” the first American Airlines pilot states in a call to the control tower.
“American 1997, OK, thank you. Were they off to your left or right side?” the tower operator answers.
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“Off the left side, maybe 300 yards or so, about our altitude,” the pilot responds.
“We just saw the guy pass us by in the jet pack,” a second pilot from Jet Blue Airways then tells the tower, which warned another pilot about the sighting.
“Only in L.A.,” the air traffic controller says at one point.
FBI spokeswoman Laura Eimiller said Tuesday that agents at LAX were investigating after the pilot reported the incident to the control tower.
“The FBI is aware of the reports by pilots on Sunday and is working to determine what occurred,” the agency said in a statement.
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The Federal Aviation Administration also confirmed receiving the report. “Two airline flight crews reported seeing what appeared to be someone in a jet pack as they were on their final approach to LAX around 6:35 p.m. Sunday,” spokesman Ian Gregor told City News Service. “The FAA alerted local law enforcement to the reports and is looking into these reports.”


latimes--2020-09-01--L.A. to spend $10 million on eviction defense, $50 million on new programs for poor

Los Angeles plans to spend nearly $ 10 million on a new program to help tenants threatened with eviction defend themselves in court , along with an additional $ 50 million to help poor residents amid the COVID-19 pandemic .
The City Council voted Tuesday to create an “ emergency eviction defense ” program in the face of warnings that renters could be at risk of losing their homes as state courts go back to processing eviction cases .
Although California lawmakers just passed new protections for tenants , L.A. officials said they were still untangling how those state rules @ @ @ @ @ @ @ by the city .
City Councilman Mitch O ’ Farrell said his staff and city attorneys were still examining the implications of the state law , but said he was concerned that it could override some local protections .
The Centers for Disease Control and Prevention also issued its own order Tuesday blocking evictions for tenants earning under $ 99,000 annually , which city lawyers are analyzing as well .
Housing officials are supposed to report back in a week with more details on the planned L.A. program , which will be funded @ @ @ @ @ @ @ federal block grants and nearly $ 2 million previously set aside for a renters relief program .
Long before the pandemic , tenant activists had pushed for L.A. to put millions of dollars into a “ right to counsel ” program that would include legal aid , education , outreach and emergency payments to keep renters in their homes .
The city identified roughly $ 3 million last year to launch such a program , but had yet to move forward with those plans .
Ahead of the vote , some Angelenos expressed @ @ @ @ @ @ @ .
“ You ’ ve waited until the last minute to slap something together , ” said Rob Quan , an organizer with the anticorruption group Unrig LA .
“ It ’ s really just kind of consistent with City Council ’ s pattern of doing enough to get the headlines , getting none of the details right — and it all taking a year or two too long.
” Councilman Paul Koretz , who had proposed establishing a right to counsel ordinance two years ago , said that years of work on @ @ @ @ @ @ @ able to launch an emergency version immediately possible.
” Tuesday ’ s decision “ will allow the program to be jump-started ” while L.A. continues to work on a broader program for providing legal assistance to tenants beyond the pandemic , Koretz said .
Javier Beltran , deputy director of the Housing Rights Center , urged the council to treat the $ 10 million as “ a down payment to greater and more permanent tenant protections , ” warning that hundreds of thousands of households could be facing eviction and likely homelessness across @ @ @ @ @ @ @ effects of the pandemic .
After COVID-19 hit , Los Angeles officials imposed restrictions on evicting tenants affected by the pandemic .
Council members narrowly voted against a broader ban on evictions after the city attorney ’ s office argued it was legally dicey .
Critics complained that tenants affected by the pandemic would still have to prove that defense against an eviction in court .
For months , state courts had stopped processing eviction cases , but are slated to start again this week .
California lawmakers passed a measure Monday to @ @ @ @ @ @ @ advocates said struggling renters could still need help from attorneys even if they are covered by its protections .
“ We are likely to see confusion both on the part of landlords and tenants about what protections apply to them — and likely to see some group of landlords trying to circumvent ” the new law , said Sasha Harnden , a public policy advocate with Inner City Law Center .
L.A. officials also raised concerns about whether some of the city ’ s specific restrictions on evictions could be undermined by the @ @ @ @ @ @ @ , O ’ Farrell listed key parts of the L.A. ordinance — including the amount of time that tenants have to repay their landlords — and concluded , “ All of these protections are now in question.
” The council voted 12-0 to allocate the money for the eviction defense program , with Councilmen Paul Krekorian and Curren Price recused from the vote .
Housing department officials estimated that between 5,000 and 7,000 households would initially benefit from legal representation , but said they expected the program to assist additional people as the @ @ @ @ @ @ @ Council members also voted Tuesday to devote up to $ 50 million in federal funds to new programs meant to assist poor households , including a “ right to recover ” program that would replace wages for people who test positive for COVID-19 and need financial aid .
San Francisco launched such a program earlier this summer .
In addition , L.A. is exploring a broader “ paycheck assistance ” program that would provide supplemental income to poor households left out of federal programs .
City staffers are supposed to report back with @ @ @ @ @ @ @ will be funded by federal money earmarked for COVID-19 relief .

A protester marches with the L.A. Tenants Union in downtown Los Angeles in calling for rent cancellation, protections against landlord harassment and shelter for homeless people in June.
Los Angeles plans to spend nearly $10 million on a new program to help tenants threatened with eviction defend themselves in court, along with an additional $50 million to help poor residents amid the COVID-19 pandemic.
The City Council voted Tuesday to create an “emergency eviction defense” program in the face of warnings that renters could be at risk of losing their homes as state courts go back to processing eviction cases.
Although California lawmakers just passed new protections for tenants, L.A. officials said they were still untangling how those state rules affect local eviction restrictions passed months earlier by the city. City Councilman Mitch O’Farrell said his staff and city attorneys were still examining the implications of the state law, but said he was concerned that it could override some local protections.
The Centers for Disease Control and Prevention also issued its own order Tuesday blocking evictions for tenants earning under $99,000 annually, which city lawyers are analyzing as well.
Housing officials are supposed to report back in a week with more details on the planned L.A. program, which will be funded with up to $8 million from federal block grants and nearly $2 million previously set aside for a renters relief program.
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Long before the pandemic, tenant activists had pushed for L.A. to put millions of dollars into a “right to counsel” program that would include legal aid, education, outreach and emergency payments to keep renters in their homes. The city identified roughly $3 million last year to launch such a program, but had yet to move forward with those plans.
Ahead of the vote, some Angelenos expressed frustration the council had not moved sooner.
“You’ve waited until the last minute to slap something together,” said Rob Quan, an organizer with the anticorruption group Unrig LA. “It’s really just kind of consistent with City Council’s pattern of doing enough to get the headlines, getting none of the details right — and it all taking a year or two too long.”
Councilman Paul Koretz, who had proposed establishing a right to counsel ordinance two years ago, said that years of work on the eviction defense program “makes being able to launch an emergency version immediately possible.”
Tuesday’s decision “will allow the program to be jump-started” while L.A. continues to work on a broader program for providing legal assistance to tenants beyond the pandemic, Koretz said.
Javier Beltran, deputy director of the Housing Rights Center, urged the council to treat the $10 million as “a down payment to greater and more permanent tenant protections,” warning that hundreds of thousands of households could be facing eviction and likely homelessness across L.A. County as renters face the economic effects of the pandemic.
After COVID-19 hit, Los Angeles officials imposed restrictions on evicting tenants affected by the pandemic. Council members narrowly voted against a broader ban on evictions after the city attorney’s office argued it was legally dicey. Critics complained that tenants affected by the pandemic would still have to prove that defense against an eviction in court.
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For months, state courts had stopped processing eviction cases, but are slated to start again this week.
California lawmakers passed a measure Monday to protect some tenants through January, but advocates said struggling renters could still need help from attorneys even if they are covered by its protections.
“We are likely to see confusion both on the part of landlords and tenants about what protections apply to them — and likely to see some group of landlords trying to circumvent” the new law, said Sasha Harnden, a public policy advocate with Inner City Law Center.
L.A. officials also raised concerns about whether some of the city’s specific restrictions on evictions could be undermined by the state law. During the Tuesday meeting, O’Farrell listed key parts of the L.A. ordinance — including the amount of time that tenants have to repay their landlords — and concluded, “All of these protections are now in question.”
The council voted 12-0 to allocate the money for the eviction defense program, with Councilmen Paul Krekorian and Curren Price recused from the vote. Housing department officials estimated that between 5,000 and 7,000 households would initially benefit from legal representation, but said they expected the program to assist additional people as the city expanded its education and outreach.
Council members also voted Tuesday to devote up to $50 million in federal funds to new programs meant to assist poor households, including a “right to recover” program that would replace wages for people who test positive for COVID-19 and need financial aid. San Francisco launched such a program earlier this summer.
In addition, L.A. is exploring a broader “paycheck assistance” program that would provide supplemental income to poor households left out of federal programs. City staffers are supposed to report back with more details on both programs, which will be funded by federal money earmarked for COVID-19 relief.


latimes--2020-09-01--For music industry and magic shows, new exemptions from California's AB 5

California lawmakers embraced a plan Monday to loosen the state ’ s year-old law that limits the use of independent contractors , providing new flexibility in a variety of professional and non-traditional jobs but failing to mollify critics who say the system remains too restrictive .
Supporters of Assembly Bill 2257 expect Gov .
Gavin Newsom to sign the proposal into law this month .
As urgency legislation , it would take effect as soon as he signs it into law .
“ This bill strikes a balance and continues to provide protections for workers against misclassification that had previously @ @ @ @ @ @ @ rules , ” said Assemblywoman Lorena Gonzalez ( D-San Diego ) , the bill ’ s author .
Few topics have sparked more fierce debate across California , reflecting the complexity of the modern workplace and the steady growth in flexible employment opportunities , particularly in the app-based economy .
In 2018 , the California Supreme Court imposed a new strict test to determine employment status but left the Legislature to determine how to apply it to specific industries .
Last year , lawmakers wrote Assembly Bill 5 to codify the court ruling @ @ @ @ @ @ @ professions , adamant that they are not employees of the companies with which they work , insisted the Legislature come back this year and offer new exemptions .
By February , 34 proposals had been introduced to retool the rules of AB 5 — including efforts by Republican legislators to repeal the 2019 law .
Liberal Democrats have argued that too many businesses have skirted workplace law for years and not provided the protections and benefits that come with being an employee .
They have resisted most efforts to relax the provisions of @ @ @ @ @ @ @ Newsom on Monday offers some concessions , though fewer than business groups want .
Perhaps most notably , it does not provide exemptions for those who work as drivers for app-based companies such as Uber , Lyft and Doordash .
Those companies have launched a $ 110-million political campaign to have voters reclassify their drivers through the passage of Proposition 22 in November .
The companies are also embroiled in legal fights with the state over the employment status of their drivers .
In May , state Atty .
Gen. Xavier Becerra filed @ @ @ @ @ @ @ ’ s business practices .
Earlier this month , the companies threatened to shut down their California operations but backed away from that plan after they were given additional time to respond to the state ’ s lawsuit .
AB 2257 addresses lower-profile but persistent criticisms about business practices that have had to change since the enactment of the 2019 law , what Gonzalez called the result of “ continued dialogue ” over the topic of how to define employment .
The bill casts a wide net in identifying business relationships that are @ @ @ @ @ @ @ by an employee .
Many real estate , home inspection , underwriting and financial services could be provided by independent contractors under AB 2257 ’ s provisions .
New clarifications would also be applied to exempt business-to-business contracting and services offered by those who have a sole proprietorship or limited liability corporations .
If signed into law , the bill provides broad acceptance for the use of independent contractors in the music industry , including those who create , market and promote sound recordings .
AB 2257 also makes provisions for some musicians @ @ @ @ @ @ @ album covers and publicity photos .
Other services , such as youth sports coaches and pool cleaning , would also be exempt from employee status .
And freelance writers , photographers and illustrators who want to work as independent contractors would no longer be subject to a limit of 35 assignments per year , a limit created by AB 5 and frequently criticized on social media .
Many of the state ’ s newspapers , including the Los Angeles Times , successfully lobbied last year for an exemption from classifying newspaper distributors and @ @ @ @ @ @ @ and a separate bill by Assemblywoman Blanca Rubio ( D-Baldwin Park ) would provide an extension of those exemptions until Jan. 1 , 2022 .
Both bills now await action by Newsom .
But in offering assurances that a wide assortment of jobs can be done by independent contractors — architects and accountants , investigators and illusionists , psychologists and puppeteers — the bill sends an implicit message that , in many more cases , the limits imposed by the 2018 court ruling and AB 5 aren ’ t likely to be revisited @ @ @ @ @ @ @ .
Supporters of the 2019 law say that many businesses have successfully adjusted and the new modifications should not be seen as a sign that the law needs sweeping revisions .
Although the bill received no debate on the Assembly floor on Monday , coming up for discussion with only about an hour before adjournment , Republicans in the state Senate sought earlier in the day to add a series of amendments expanding the various professions excluded from strict employee classification .
Senate Minority Leader Shannon Grove ( R-Bakersfield ) said the effort @ @ @ @ @ @ @ 5 had put in place and that the new proposal “ doesn ’ t go far enough to address the diversity of the workplace in this state .
”

San Diego Assembly member Lorena Gonzalez was the author of a bill passed by the Legislature on Monday that would loosen AB 5, the state’s year-old law that limits the use of independent contractors.
California lawmakers embraced a plan Monday to loosen the state’s year-old law that limits the use of independent contractors, providing new flexibility in a variety of professional and non-traditional jobs but failing to mollify critics who say the system remains too restrictive.
Supporters of Assembly Bill 2257 expect Gov. Gavin Newsom to sign the proposal into law this month. As urgency legislation, it would take effect as soon as he signs it into law.
“This bill strikes a balance and continues to provide protections for workers against misclassification that had previously gone unchecked for decades under the old rules,” said Assemblywoman Lorena Gonzalez (D-San Diego), the bill’s author.
Few topics have sparked more fierce debate across California, reflecting the complexity of the modern workplace and the steady growth in flexible employment opportunities, particularly in the app-based economy. In 2018, the California Supreme Court imposed a new strict test to determine employment status but left the Legislature to determine how to apply it to specific industries.
Last year, lawmakers wrote Assembly Bill 5 to codify the court ruling. But people employed in dozens of professions, adamant that they are not employees of the companies with which they work, insisted the Legislature come back this year and offer new exemptions. By February, 34 proposals had been introduced to retool the rules of AB 5 — including efforts by Republican legislators to repeal the 2019 law.
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Liberal Democrats have argued that too many businesses have skirted workplace law for years and not provided the protections and benefits that come with being an employee. They have resisted most efforts to relax the provisions of AB 5.
The bill sent to Newsom on Monday offers some concessions, though fewer than business groups want. Perhaps most notably, it does not provide exemptions for those who work as drivers for app-based companies such as Uber, Lyft and Doordash. Those companies have launched a $110-million political campaign to have voters reclassify their drivers through the passage of Proposition 22 in November.
The companies are also embroiled in legal fights with the state over the employment status of their drivers. In May, state Atty. Gen. Xavier Becerra filed a legal challenge against Uber and Lyft’s business practices. Earlier this month, the companies threatened to shut down their California operations but backed away from that plan after they were given additional time to respond to the state’s lawsuit.
AB 2257 addresses lower-profile but persistent criticisms about business practices that have had to change since the enactment of the 2019 law, what Gonzalez called the result of “continued dialogue” over the topic of how to define employment.
The bill casts a wide net in identifying business relationships that are exempt from requiring work to be done by an employee. Many real estate, home inspection, underwriting and financial services could be provided by independent contractors under AB 2257’s provisions. New clarifications would also be applied to exempt business-to-business contracting and services offered by those who have a sole proprietorship or limited liability corporations.
If signed into law, the bill provides broad acceptance for the use of independent contractors in the music industry, including those who create, market and promote sound recordings. AB 2257 also makes provisions for some musicians and vocalists and photographers whose assignments include album covers and publicity photos.
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Other services, such as youth sports coaches and pool cleaning, would also be exempt from employee status. And freelance writers, photographers and illustrators who want to work as independent contractors would no longer be subject to a limit of 35 assignments per year, a limit created by AB 5 and frequently criticized on social media.
Many of the state’s newspapers, including the Los Angeles Times, successfully lobbied last year for an exemption from classifying newspaper distributors and carriers as company employees. AB 2257 and a separate bill by Assemblywoman Blanca Rubio (D-Baldwin Park) would provide an extension of those exemptions until Jan. 1, 2022. Both bills now await action by Newsom.
But in offering assurances that a wide assortment of jobs can be done by independent contractors — architects and accountants, investigators and illusionists, psychologists and puppeteers — the bill sends an implicit message that, in many more cases, the limits imposed by the 2018 court ruling and AB 5 aren’t likely to be revisited by the Legislature’s Democratic majority.
Supporters of the 2019 law say that many businesses have successfully adjusted and the new modifications should not be seen as a sign that the law needs sweeping revisions.
Although the bill received no debate on the Assembly floor on Monday, coming up for discussion with only about an hour before adjournment, Republicans in the state Senate sought earlier in the day to add a series of amendments expanding the various professions excluded from strict employee classification.
Senate Minority Leader Shannon Grove (R-Bakersfield) said the effort was to undo much of what AB 5 had put in place and that the new proposal “doesn’t go far enough to address the diversity of the workplace in this state.”


latimes--2020-09-01--L.A. County weighs indoor reopening of hair salons and shopping malls

Los Angeles County officials are weighing whether to allow the reopening of indoor shopping centers , retail shops and hair salons in accordance with the state ’ s new guidelines , which permit counties — no matter their COVID-19 status — to reopen such businesses under certain conditions .
If county officials decide to lift the restrictions ahead of Labor Day weekend , the businesses would be allowed to operate at 25 % capacity , as well as indoor modified operations at hair salons and barbershops .
Public Health Director Barbara Ferrer and the Board of Supervisors met Tuesday to @ @ @ @ @ @ @ decision was made .
Any change to the county ’ s guidelines will be announced Wednesday afternoon , according to the county ’ s Department of Public Health .
In a statement , Ferrer suggested that current conditions still don ’ t allow for an immediate reopening .
“ There is a lot at stake .
Increased numbers of people being around one another can result in more transmission of COVID-19 , at a time where we need to be doubling down on our efforts to slow the spread , ” she said @ @ @ @ @ @ @ that 20 % of restaurants and 17 % of markets are still not in compliance with the Health Officer Orders .
This does not help us get our numbers down.
” The county announced 45 new deaths related to COVID-19 on Tuesday and 840 new infections .
Gov .
Gavin Newsom announced the new guidelines Friday , and counties across the state have taken different directions , with some , like San Francisco , adopting a cautious approach that doesn ’ t allow barbershops and nail salons to open indoor operations until late @ @ @ @ @ @ @ the unemployment rate hit 20 % over the last few months , county supervisors have been deluged with calls from concerned business owners who have been unable to work for months .
The timing of the reopening , coming ahead of a major holiday weekend , Labor Day , recalls the last major reopening strategy , which took place shortly before and after Memorial Day weekend .
What followed after Memorial Day was a surge in cases and hospitalizations that have only subsided in recent weeks .
It ’ s unclear how the @ @ @ @ @ @ @ county officials ’ decision to allow for indoor operations at shuttered businesses .
The state has placed L.A. County , along with 37 other counties , on Tier 1 of its reopening plan for having widespread risk of the virus .
The county has recorded more than 242,000 cases and over 5,800 deaths .
In recent weeks , those numbers have declined and stabilized , but August stands as the county ’ s deadliest month since the pandemic hit .
Most nonessential businesses in Tier 1 counties , such as L.A. , are @ @ @ @ @ @ @ the tiers , more businesses are allowed to reopen .
State Health and Human Services Director Dr. Mark Ghaly said Tuesday that the updates , particularly a focus on a seven-day average instead of a 14-day one , are more in keeping with the data analysis of other states and countries around the world .
The tiers are : • Tier 1 , widespread transmission : Counties have more than seven daily COVID-19 cases per 100,000 people and a test positivity rate of more than 8 % .
• Tier 2 , substantial @ @ @ @ @ @ @ daily COVID-19 cases per 100,000 and a test positivity rate of 5 % to 8 % .
• Tier 3 , moderate transmission : Counties have 1-3.9 daily COVID-19 cases per 100,000 people and a test positivity rate of 2 % to 4.9 % .
• Tier 4 , minimal transmission : Counties have less than one daily COVID case per 100,000 and a test positivity rate of less than 2 % .
San Francisco County is on Tier 2 of the state ’ s reopening plans .
Under the guidelines , the @ @ @ @ @ @ @ with restrictions and immediately allow hairdressers and barbers to work inside .
But in the city of San Francisco , plans announced Tuesday by Mayor London Breed and Public Health Director Dr. Grant Colfax reflect a more cautious approach in the decision to lift certain restrictions .
The city reopened outdoor pools , indoor malls , outdoor hair salons and barbershops and outdoor personal services with some restrictions on Monday .
But indoor operations at barbershops and hair salons may not reopen until late September .
Nail salons may reopen for indoor services @ @ @ @ @ @ @ as well as indoor church services , with 25 % of capacity for a maximum of 25 people .
Currently , Alpine and Modoc counties are the only two in the state that are on Tier 4 .
Most businesses are allowed to reopen in this tier , albeit with some limitations .
Concert venues , convention centers , live theaters , nightclubs and theme parks remain closed statewide .
Los Angeles County currently has a 5.1 % seven-day average for positive infections and a seven-day average of 12.4 cases per every 100,000 @ @ @ @ @ @ @ ’ s average positivity rate during the same time frame is currently 5.9 % and its average case rate per 100,000 people is 10.2 .
A county must show progress in its positivity rate and case count over a three-week period before moving to a new tier .
If a county has a case count and positivity rate that fall on two different tiers , the more stringent rules would apply .
Such updates will take place on Tuesdays following the state ’ s review of a county ’ s metric .

Nader Salameh, left, and his son, Gavyn, 9, center, from Lawndale, get their hair cut by barbers Anthony Ho, left and Christian Mikhail, center, in the parking lot of Press Box Barber Shop in Lawndale.
Los Angeles County officials are weighing whether to allow the reopening of indoor shopping centers, retail shops and hair salons in accordance with the state’s new guidelines, which permit counties — no matter their COVID-19 status — to reopen such businesses under certain conditions.
If county officials decide to lift the restrictions ahead of Labor Day weekend, the businesses would be allowed to operate at 25% capacity, as well as indoor modified operations at hair salons and barbershops.
Public Health Director Barbara Ferrer and the Board of Supervisors met Tuesday to discuss the new guidance, but no decision was made. Any change to the county’s guidelines will be announced Wednesday afternoon, according to the county’s Department of Public Health.
In a statement, Ferrer suggested that current conditions still don’t allow for an immediate reopening.
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“There is a lot at stake. Increased numbers of people being around one another can result in more transmission of COVID-19, at a time where we need to be doubling down on our efforts to slow the spread,” she said. “Our past weekend inspections demonstrated that 20% of restaurants and 17% of markets are still not in compliance with the Health Officer Orders. This does not help us get our numbers down.”
The county announced 45 new deaths related to COVID-19 on Tuesday and 840 new infections.
Gov. Gavin Newsom announced the new guidelines Friday, and counties across the state have taken different directions, with some, like San Francisco, adopting a cautious approach that doesn’t allow barbershops and nail salons to open indoor operations until late September.
In Los Angeles, where the unemployment rate hit 20% over the last few months, county supervisors have been deluged with calls from concerned business owners who have been unable to work for months.
The timing of the reopening, coming ahead of a major holiday weekend, Labor Day, recalls the last major reopening strategy, which took place shortly before and after Memorial Day weekend.
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What followed after Memorial Day was a surge in cases and hospitalizations that have only subsided in recent weeks. It’s unclear how the upcoming Labor Day weekend may be affecting county officials’ decision to allow for indoor operations at shuttered businesses.
The state has placed L.A. County, along with 37 other counties, on Tier 1 of its reopening plan for having widespread risk of the virus. The county has recorded more than 242,000 cases and over 5,800 deaths. In recent weeks, those numbers have declined and stabilized, but August stands as the county’s deadliest month since the pandemic hit.
Most nonessential businesses in Tier 1 counties, such as L.A., are closed. As a county moves through the tiers, more businesses are allowed to reopen. State Health and Human Services Director Dr. Mark Ghaly said Tuesday that the updates, particularly a focus on a seven-day average instead of a 14-day one, are more in keeping with the data analysis of other states and countries around the world. The tiers are:
Tier 1, widespread transmission: Counties have more than seven daily COVID-19 cases per 100,000 people and a test positivity rate of more than 8%.
Tier 2, substantial transmission: Counties have four to seven daily COVID-19 cases per 100,000 and a test positivity rate of 5% to 8%.
Tier 3, moderate transmission: Counties have 1-3.9 daily COVID-19 cases per 100,000 people and a test positivity rate of 2% to 4.9%.
Tier 4, minimal transmission: Counties have less than one daily COVID case per 100,000 and a test positivity rate of less than 2%.
San Francisco County is on Tier 2 of the state’s reopening plans. Under the guidelines, the county could reopen restaurants for in-person dining with restrictions and immediately allow hairdressers and barbers to work inside.
But in the city of San Francisco, plans announced Tuesday by Mayor London Breed and Public Health Director Dr. Grant Colfax reflect a more cautious approach in the decision to lift certain restrictions.
The city reopened outdoor pools, indoor malls, outdoor hair salons and barbershops and outdoor personal services with some restrictions on Monday. But indoor operations at barbershops and hair salons may not reopen until late September. Nail salons may reopen for indoor services, with modifications, at that point as well as indoor church services, with 25% of capacity for a maximum of 25 people.
Currently, Alpine and Modoc counties are the only two in the state that are on Tier 4. Most businesses are allowed to reopen in this tier, albeit with some limitations. Concert venues, convention centers, live theaters, nightclubs and theme parks remain closed statewide.
Los Angeles County currently has a 5.1% seven-day average for positive infections and a seven-day average of 12.4 cases per every 100,000 people. By comparison, the state’s average positivity rate during the same time frame is currently 5.9% and its average case rate per 100,000 people is 10.2.
A county must show progress in its positivity rate and case count over a three-week period before moving to a new tier. If a county has a case count and positivity rate that fall on two different tiers, the more stringent rules would apply. Such updates will take place on Tuesdays following the state’s review of a county’s metric.
Times staff writer Maura Dolan contributed to this report.


latimes--2020-09-01--UC must immediately drop use of the SAT and ACT for admissions and scholarships, judge rules

The University of California must immediately suspend all use of SAT and ACT test scores for admission and scholarship decisions under a preliminary injunction issued by an Alameda County Superior Court judge .
The ruling came in a lawsuit asserting that the use of standardized test scores is broadly biased — and particularly detrimental to students with disabilities who seek to take the test during the coronavirus crisis .
Superior Court Judge Brad Seligman said in his Monday ruling that plaintiffs had shown sufficient cause to stop the tests for now because applicants with disabilities had virtually no access to @ @ @ @ @ @ @ the COVID-19 pandemic .
“ The barriers faced by students with disabilities have been greatly exacerbated by the COVID-19 epidemic , which has disrupted test-taking locations , closed schools and limited access to school counselors , ” Seligman wrote .
Seligman added that little data existed to show whether the tests were even valid or reliable indicators of their future college performance .
He set a case management conference for Sept. 29 .
The injunction on the use of SAT and ACT results will affect all California applicants to the UC system .
@ @ @ @ @ @ @ and gone as far as the UC system is concerned , ” said Mark Rosenbaum , a Los Angeles attorney who helped file the lawsuit as director of Public Counsel ’ s Opportunity Under Law project .
The “ historic decision puts an end to racist tests that deprived countless California students of color , students with disabilities , and students from low-income families of a fair shot at admissions to the UC system.
” UC officials had no immediate comment Tuesday .
SAT and ACT officials could not be immediately reached for @ @ @ @ @ @ @ tests are not discriminatory and provide a uniform and useful yardstick to assess applicants from different schools and states .
Earlier this year , the UC Board of Regents unanimously voted to phase out standardized test scores in admissions decisions after concluding that the tests were unacceptably biased based on race , income and parent education level and did not provide useful information about how students would fare in college .
Regents voted to make the tests optional for two years , then phase them out , but still allowed them to be @ @ @ @ @ @ @ , UC Irvine and UC Santa Cruz already have decided to drop the SAT and ACT testing requirements altogether , but UCLA and the system ’ s five other undergraduate campuses had planned to consider the scores for applicants who chose to submit them , according to the ruling .
UC campuses will begin accepting applications for admission to the 2021-22 academic year on Nov. 1 .

The University of California must immediately suspend use of SAT or ACT test scores for admission and scholarship decisions, an Alameda County Superior Court judge has ruled.
The University of California must immediately suspend all use of SAT and ACT test scores for admission and scholarship decisions under a preliminary injunction issued by an Alameda County Superior Court judge.
The ruling came in a lawsuit asserting that the use of standardized test scores is broadly biased — and particularly detrimental to students with disabilities who seek to take the test during the coronavirus crisis.
Superior Court Judge Brad Seligman said in his Monday ruling that plaintiffs had shown sufficient cause to stop the tests for now because applicants with disabilities had virtually no access to test-taking sites or legally required accommodations during the COVID-19 pandemic.
“The barriers faced by students with disabilities have been greatly exacerbated by the COVID-19 epidemic, which has disrupted test-taking locations, closed schools and limited access to school counselors,” Seligman wrote.
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Seligman added that little data existed to show whether the tests were even valid or reliable indicators of their future college performance. He set a case management conference for Sept. 29.
The injunction on the use of SAT and ACT results will affect all California applicants to the UC system.
“The SAT and ACT are dead and gone as far as the UC system is concerned,” said Mark Rosenbaum, a Los Angeles attorney who helped file the lawsuit as director of Public Counsel’s Opportunity Under Law project. The “historic decision puts an end to racist tests that deprived countless California students of color, students with disabilities, and students from low-income families of a fair shot at admissions to the UC system.”
Rosenbaum said he and his team targeted only the UC system to efficiently manage the case but that the court’s reasoning should apply to all colleges and universities, both public and private, across the country.
“If other universities don’t follow, we’ll come after them as well,” he said, adding that he would be conferring with civil and disability rights advocates in other states.
In a statement Tuesday, UC said it “respectfully disagrees” with the court decision and was evaluating whether it would pursue further legal actions.
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“An injunction may interfere with the university’s efforts to implement an appropriate and comprehensive admissions policies and its ability to attract and enroll students of diverse backgrounds and experiences,” the statement said.
SAT officials did not immediately respond to requests for comment but have long argued that their tests are not discriminatory and provide a uniform and useful yardstick to assess applicants from different schools and states.
ACT officials said they offered accommodations to students with disabilities and are committed to “ensuring access to our assessment’ for them “despite the difficulties that COVID-19 has presented globally.”
Earlier this year, the UC Board of Regents unanimously voted to phase out standardized test scores in admissions decisions after concluding that the tests were unacceptably biased based on race, income and parent education level and did not provide useful information about how students would fare in college. Regents voted to make the tests optional this year and next, then phase them out, but would still allow them to be used for scholarship decisions. Regents also gave campuses the flexibility to choose to drop them immediately rather than continue using them on an optional basis until 2022.
UC Berkeley, UC Irvine and UC Santa Cruz already have decided to drop the SAT and ACT testing requirements altogether. Most of the system’s five other undergraduate campuses, including UCLA, had planned to consider the scores for applicants who chose to submit them. UC campuses will begin accepting applications for admission to the 2021-22 academic year on Nov. 1.
“University admissions officials and faculty are best positioned to determine appropriate admissions decisions and procedures, taking into account the individual needs and priorities of a particular campus,” the UC statement said.
The lawsuit was brought by several high school students and nonprofits, including Community Coalition, Dolores Huerta Foundation, College Seekers, Chinese for Affirmative Action, College Access and Little Manila Rising. One plaintiff, identified only as Gary W., was described in the ruling as a recent high school graduate with learning disabilities who had completed all UC admission prerequisites (which include several college-prep courses). But the student faced what the ruling called “formidable barriers” to taking the SAT and ultimately could not do so, prompting his decision to not apply for UC admission this year.
Some accommodations, such as Braille and large-print exams, 100% extended time for tests and computers for those who cannot hand write essays, are only available at high school testing centers, but those have been closed during the coronavirus crisis, said Abigail Graber, an attorney with Brown, Goldstein & Levy, a Baltimore law firm representing the plaintiffs. She added that students also have been unable to obtain needed documentation of their disabilities because they can’t meet with high school counselors and psychologists for evaluations during the pandemic.
In its own filing, the university argued that campuses should have the flexibility to use optional testing as allowed this year and next so all applicants can showcase their strengths — which could be test scores for some disadvantaged students, including those with disabilities. Applicants who perform well on standardized tests, for instance, could use their scores to offset lower grades or completion of fewer honors or AP courses.
UC officials also argued that a ruling was premature because the application window for fall 2021 won’t open until November and most campuses have not finalized their admissions process yet. Therefore, UC argued, no applicant has yet demonstrated any harm suffered.
Seligman, however, rejected those assertions. He agreed with UC that no data yet exists that show students with disabilities have been harmed. But he noted that several campuses have indicated they plan to give all applicants a first review based on factors other than test scores, then provide a second review with test scores for those who have them. Most if not all students with disabilities would be denied the benefit of the second review, he said, since the chances of being able to take the SAT or ACT with or without accommodations during the pandemic are “almost nil.”
“In short, applicants with disabilities are denied meaningful access to the ‘aid, benefit or service’ that test-takers have,” Seligman wrote. “They are denied a potential second chance at admission.”