David Sjostedt

Sarah Wright

A majority of the Board of Supervisors looks poised to approve Mayor London Breed’s <a href="https://sfstandard.com/breed-declares-state-of-emergency-in-the-tenderloin/">State of Emergency Declaration</a> on Thursday to address drug overdoses in the Tenderloin. Three supervisors told The Standard on Wednesday they plan to vote in favor, and at least three others are likely to support the Mayor, according to political observers and sources who asked not to be identified.

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A majority of the Board of Supervisors looks poised to approve Mayor London Breed’s <a href="https://sfstandard.com/breed-declares-state-of-emergency-in-the-tenderloin/">State of Emergency Declaration</a> on Thursday to address drug overdoses in the Tenderloin. Three supervisors told The Standard on Wednesday they plan to vote in favor, and at least three others are likely to support the Mayor, according to political observers and sources who asked not to be identified.

Matt Haney, Rafael Mandelman and Gordon Mar all said they plan to vote in favor of the emergency proclamation. Connie Chan told The Standard that Haney’s position would weigh heavily with her. Myrna Melgar did not comment but is seen as likely to support Breed. Ahsha Safaí and Catherine Stefani did not comment but both are allies of the mayor.

Matt Haney, Rafael Mandelman and Gordon Mar all said they plan to vote in favor of the emergency proclamation. Connie Chan told The Standard that Haney’s position would weigh heavily with her. Myrna Melgar did not comment but is seen as likely to support Breed. Ahsha Safaí and Catherine Stefani did not comment but both are allies of the mayor.

The state of emergency declared on Friday is specifically aimed at the drug overdose crisis in the Tenderloin, the epicenter of an epidemic that has claimed over 500 lives citywide in 2021. In particular, it would clear bureaucratic barriers to the opening of a “linkage site” connecting drug users to services.

The state of emergency declared on Friday is specifically aimed at the drug overdose crisis in the Tenderloin, the epicenter of an epidemic that has claimed over 500 lives citywide in 2021. In particular, it would clear bureaucratic barriers to the opening of a “linkage site” connecting drug users to services.

But opponents of the emergency declaration see it as inextricably linked to the broader law-enforcement crackdown on drug use and street crime in the Tenderloin that Breed announced earlier last week.&nbsp;&nbsp;

But opponents of the emergency declaration see it as inextricably linked to the broader law-enforcement crackdown on drug use and street crime in the Tenderloin that Breed announced earlier last week.&nbsp;&nbsp;

Dissenting voter Supervisor Dean Preston criticized the plan in a Twitter thread on Tuesday, objecting to it as a rehashed mechanism of the failed war on drugs. Breed has on numerous occasions <a href="https://sfstandard.com/mayor-breed-calls-for-change-to-state-law-to-expand-involuntary-mental-health-treatment/">advocated for compelled treatment</a> and said during a press conference last week that the city is no longer going to give drug users a choice.&nbsp;

Dissenting voter Supervisor Dean Preston criticized the plan in a Twitter thread on Tuesday, objecting to it as a rehashed mechanism of the failed war on drugs. Breed has on numerous occasions <a href="https://sfstandard.com/mayor-breed-calls-for-change-to-state-law-to-expand-involuntary-mental-health-treatment/">advocated for compelled treatment</a> and said during a press conference last week that the city is no longer going to give drug users a choice.&nbsp;

“Threatening people with arrest doesn’t work as a way to get addicted folks into treatment,” Preston wrote.

“Threatening people with arrest doesn’t work as a way to get addicted folks into treatment,” Preston wrote.

Supervisor Matt Haney, whose district includes the Tenderloin, tried to placate critics while still supporting the Mayor’s policies.

Supervisor Matt Haney, whose district includes the Tenderloin, tried to placate critics while still supporting the Mayor’s policies.

“I recognize that the mayor has said some things about the Tenderloin, some of which are things I disagree with. … But I have always felt that we need a public health response on our streets that matches the deadly epidemic we are facing,” Haney told The Standard. “If someone is threatened with jail to go to a linkage site then they can just walk away &#8230; They should not be threatened with jail. That should not happen.”&nbsp;

“I recognize that the mayor has said some things about the Tenderloin, some of which are things I disagree with. … But I have always felt that we need a public health response on our streets that matches the deadly epidemic we are facing,” Haney told The Standard. “If someone is threatened with jail to go to a linkage site then they can just walk away ... They should not be threatened with jail. That should not happen.”&nbsp;

“I recognize that the mayor has said some things about the Tenderloin, some of which are things I disagree with. … But I have always felt that we need a public health response on our streets that matches the deadly epidemic we are facing,” Haney told The Standard. “If someone is threatened with jail to go to a linkage site then they can just walk away &#8230; They should not be threatened with jail. That should not happen.”&nbsp;

In 2020, San Francisco tallied well over one-fourth of the total overdose deaths that occurred in New York City, which has 10 times the population.&nbsp;

In 2020, San Francisco tallied well over one-fourth of the total overdose deaths that occurred in New York City, which has 10 times the population.&nbsp;

A woman named Lil Bit, who became addicted to drugs 2 years ago after her daughter died, displays her drug paraphernalia in San Francisco’s United Nations Plaza on Dec. 20, 2021. | James Wyatt

<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2021/12/DocumentingTenderloin_JamesWyatt_SFS_33-1-2500x1663.jpg" alt="" class="wp-image-20786"/><figcaption>A woman named Lil Bit, who became addicted to drugs 2 years ago after her daughter died, displays her drug paraphernalia in San Francisco’s United Nations Plaza on Dec. 20, 2021. | James Wyatt</figcaption></figure>

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<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2021/12/DocumentingTenderloin_JamesWyatt_SFS_33-1-2500x1663.jpg" alt="" class="wp-image-20786"/><figcaption>A woman named Lil Bit, who became addicted to drugs 2 years ago after her daughter died, displays her drug paraphernalia in San Francisco’s United Nations Plaza on Dec. 20, 2021. | James Wyatt</figcaption></figure>

Breed’s emergency declaration pertains only to the region overseen by the Tenderloin Police Department and is separate from her previous announcement of a move to&nbsp; increase police presence in the neighborhood, according to Andy Lynch, the mayor’s spokesperson.&nbsp;

Breed’s emergency declaration pertains only to the region overseen by the Tenderloin Police Department and is separate from her previous announcement of a move to&nbsp; increase police presence in the neighborhood, according to Andy Lynch, the mayor’s spokesperson.&nbsp;

“Increasing police in an area of the City doesn’t require an emergency declaration,” Lynch said, emphasizing that the main intent of the order is to allow the city to move quickly in opening the linkage site.

“Increasing police in an area of the City doesn’t require an emergency declaration,” Lynch said, emphasizing that the main intent of the order is to allow the city to move quickly in opening the linkage site.

If it passes, the emergency declaration would be in effect for up to 90 days, effectively eliminating processes that generally delay the implementation of city infrastructure. A similar ordinance was passed during the pandemic to expedite the purchase of shelter in place hotels and the sanctioning of safe sleeping villages.&nbsp;

If it passes, the emergency declaration would be in effect for up to 90 days, effectively eliminating processes that generally delay the implementation of city infrastructure. A similar ordinance was passed during the pandemic to expedite the purchase of shelter in place hotels and the sanctioning of safe sleeping villages.&nbsp;

The passing of the declaration would also enable the director of the Department of Emergency Management, Mary Caroll, to implement temporary facilities pertaining to public health, behavioral health, social or housing services at her own discretion.&nbsp;

The passing of the declaration would also enable the director of the Department of Emergency Management, Mary Caroll, to implement temporary facilities pertaining to public health, behavioral health, social or housing services at her own discretion.&nbsp;

Although fentanyl deaths were down last year in the city, fentanyl was a factor in more than 70% of overdose deaths between January and October 2021, an increase of nearly 20% since 2019, according to the mayor’s proclamation. The Tenderloin is one local hub for drug dealers and users, making it the target of recent efforts to crack down on drug use and help people struggling with addiction. <a href="https://skylab.cdph.ca.gov/ODdash/">Fentanyl deaths have risen by 23% across California</a> this year, too, Centers for Disease Control and Prevention data shows.

Although fentanyl deaths were down last year in the city, fentanyl was a factor in more than 70% of overdose deaths between January and October 2021, an increase of nearly 20% since 2019, according to the mayor’s proclamation. The Tenderloin is one local hub for drug dealers and users, making it the target of recent efforts to crack down on drug use and help people struggling with addiction. <a href="https://skylab.cdph.ca.gov/ODdash/">Fentanyl deaths have risen by 23% across California</a> this year, too, Centers for Disease Control and Prevention data shows.

San Francisco isn’t the only major metropolis with an overdose problem. Midway through 2021, the Los Angeles County Sheriff’s Office saw <a href="https://lasd.org/fentanyl-awareness/">fentanyl deaths rise by nearly 60% in the city</a>. The trends are the same across the nation, where this year, <a href="https://www.nytimes.com/2021/11/17/health/drug-overdoses-fentanyl-deaths.html">more than 100,000 people died of drug overdoses</a>—setting a new record.

San Francisco isn’t the only major metropolis with an overdose problem. Midway through 2021, the Los Angeles County Sheriff’s Office saw <a href="https://lasd.org/fentanyl-awareness/">fentanyl deaths rise by nearly 60% in the city</a>. The trends are the same across the nation, where this year, <a href="https://www.nytimes.com/2021/11/17/health/drug-overdoses-fentanyl-deaths.html">more than 100,000 people died of drug overdoses</a>—setting a new record.

In response to Breed’s announcement earlier this week, Board President Shamann Walton, who plans to vote “no” tomorrow, <a href="https://sfstandard.com/backlash-mounts-against-breeds-tenderloin-crackdown-as-board-vote-approaches/">held a press conference</a> saying he won’t support the declaration or Breed’s desire to flood the Tenderloin with police. In lieu of incarceration, he wants to see expanded support for people with mental, behavioral health and substance abuse issues.

In response to Breed’s announcement earlier this week, Board President Shamann Walton, who plans to vote “no” tomorrow, <a href="https://sfstandard.com/backlash-mounts-against-breeds-tenderloin-crackdown-as-board-vote-approaches/">held a press conference</a> saying he won’t support the declaration or Breed’s desire to flood the Tenderloin with police. In lieu of incarceration, he wants to see expanded support for people with mental, behavioral health and substance abuse issues.

“Locking people up for addictions and mental illness has never worked in this City or in this country,” Walton said earlier this week.

“Locking people up for addictions and mental illness has never worked in this City or in this country,” Walton said earlier this week.

Mandelman said while the Tenderloin is far from the only neighborhood in the city in need of help, citing the Castro in his own district as one example, he is in favor of the emergency declaration—and said he wants to see the mayor’s idea for a site to connect drug users with health services come to fruition.

Mandelman said while the Tenderloin is far from the only neighborhood in the city in need of help, citing the Castro in his own district as one example, he is in favor of the emergency declaration—and said he wants to see the mayor’s idea for a site to connect drug users with health services come to fruition.

While acknowledging his colleagues&#8217; concerns about policing, Mandelman, too, sees the two moves as distinct, and thinks Breed will activate the city’s police regardless of Thursday’s vote.&nbsp;

While acknowledging his colleagues' concerns about policing, Mandelman, too, sees the two moves as distinct, and thinks Breed will activate the city’s police regardless of Thursday’s vote.&nbsp;

While acknowledging his colleagues&#8217; concerns about policing, Mandelman, too, sees the two moves as distinct, and thinks Breed will activate the city’s police regardless of Thursday’s vote.&nbsp;

“She believes sometimes police are going to be necessary, and so do I,” Mandelman said.

“She believes sometimes police are going to be necessary, and so do I,” Mandelman said.

After a briefing from the Department of Emergency Management yesterday, Mar says he now has a better understanding of the plan’s emphasis on connecting drug users to services over increasing law enforcement and plans to support the emergency declaration.

After a briefing from the Department of Emergency Management yesterday, Mar says he now has a better understanding of the plan’s emphasis on connecting drug users to services over increasing law enforcement and plans to support the emergency declaration.

Chan said she has not yet decided how she will vote tomorrow, and has “a lot of questions about this declaration” to ask at tomorrow’s board meeting. She emphasized the importance of Haney’s leadership in this issue because “he knows Tenderloin better than I do.”

Chan said she has not yet decided how she will vote tomorrow, and has “a lot of questions about this declaration” to ask at tomorrow’s board meeting. She emphasized the importance of Haney’s leadership in this issue because “he knows Tenderloin better than I do.”

Walton said he’s frustrated that the focus has stayed on the Tenderloin, when there have been 16 homicides in District 10, which includes Potrero Hill, Dogpatch, Hunters Point and the Bayview, just this year.&nbsp;

Walton said he’s frustrated that the focus has stayed on the Tenderloin, when there have been 16 homicides in District 10, which includes Potrero Hill, Dogpatch, Hunters Point and the Bayview, just this year.&nbsp;

“No one seems to be concerned,” Walton said.

“No one seems to be concerned,” Walton said.

Additional reporting from Han Li, Meaghan Mitchell and Mike Ege.

Additional reporting from Han Li, Meaghan Mitchell and Mike Ege.

Tenderloin crackdown: Supervisors likely to approve state of emergency amid arguments over policing

Mike Ege

<ul class="wp-block-list"><li>Update: This story has been updated from a previous version.</li></ul>

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<ul><li>Update: This story has been updated from a previous version.</li></ul>

Among the items that were considered at Tuesday’s San Francisco Board of Supervisors meeting: new bars in the Castro, more eviction protections, and hearings on police shootings and Omicron response. Plus, possible new rules for gun owners and monster homes. (Wonks looking for the full kit and caboodle can check out <a href="https://sfbos.org/sites/default/files/bag012522_agenda.pdf">the meeting’s full agenda.</a>)

Among the items that were considered at Tuesday’s San Francisco Board of Supervisors meeting: new bars in the Castro, more eviction protections, and hearings on police shootings and Omicron response. Plus, possible new rules for gun owners and monster homes. (Wonks looking for the full kit and caboodle can check out <a href="https://sfbos.org/sites/default/files/bag012522_agenda.pdf">the meeting’s full agenda.</a>)

Bars in the Castro&nbsp;

<h2 class="wp-block-heading" id="h-bars-in-the-castro">Bars in the Castro&nbsp;</h2>

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<h2 id="h-bars-in-the-castro">Bars in the Castro&nbsp;</h2>

The Castro Street Neighborhood Commercial District banned new bars back in 1987, mainly due to concerns of an oversaturation of bars in the neighborhood. While new drinking establishments have opened in the neighborhood over time, they’ve always replaced bars that have closed.&nbsp;&nbsp;

The Castro Street Neighborhood Commercial District banned new bars back in 1987, mainly due to concerns of an oversaturation of bars in the neighborhood. While new drinking establishments have opened in the neighborhood over time, they’ve always replaced bars that have closed.&nbsp;&nbsp;

The limit on drinking establishments has also led to equity issues—back in 2005, the city’s<a href="https://www.sfgate.com/bayarea/article/SAN-FRANCISCO-Panel-finds-bias-at-Castro-bar-2637802.php"> Human Rights Commission</a> found that one of the most popular establishments had been using its door policy to discriminate against Black patrons. Although the ruling wasn’t legally binding, the controversy continued until a<a href="https://www.ebar.com/news///236681"> settlement was reached</a> the following year.

The limit on drinking establishments has also led to equity issues—back in 2005, the city’s<a href="https://www.sfgate.com/bayarea/article/SAN-FRANCISCO-Panel-finds-bias-at-Castro-bar-2637802.php"> Human Rights Commission</a> found that one of the most popular establishments had been using its door policy to discriminate against Black patrons. Although the ruling wasn’t legally binding, the controversy continued until a<a href="https://www.ebar.com/news///236681"> settlement was reached</a> the following year.

Meanwhile, changes in the neighborhood over time, including an increase in storefront vacancies due to the Covid pandemic and a plea from a constituent who wants to open a wine bar in the district, prompted District 8 Supervisor Rafael Mandelman to look into the matter.&nbsp;

Meanwhile, changes in the neighborhood over time, including an increase in storefront vacancies due to the Covid pandemic and a plea from a constituent who wants to open a wine bar in the district, prompted District 8 Supervisor Rafael Mandelman to look into the matter.&nbsp;

The end result Tuesday was a simple change in the zoning tables for the district, where the line for bars was changed from “NP” to “C,” thus allowing new drinking establishments to open up in the neighborhood upon approval of a conditional-use permit. Public notice and a hearing before the Planning Commission would still be required.&nbsp;

The end result Tuesday was a simple change in the zoning tables for the district, where the line for bars was changed from “NP” to “C,” thus allowing new drinking establishments to open up in the neighborhood upon approval of a conditional-use permit. Public notice and a hearing before the Planning Commission would still be required.&nbsp;

“Basically, we wanted to update the use controls to something more flexible and fair,” said Jacob Bintliff, an aide to Supervisor Mandelman.&nbsp;

“Basically, we wanted to update the use controls to something more flexible and fair,” said Jacob Bintliff, an aide to Supervisor Mandelman.&nbsp;

At the Jan. 10 hearing on the item, Castro resident Jesse Sanford urged the Land Use Committee to approve the zoning law and noted a continuing atmosphere of discrimination in the neighborhood’s bar scene. He said he could easily enter neighborhood bars as a white man, but often a person of color would be denied entry.&nbsp;&nbsp;

At the Jan. 10 hearing on the item, Castro resident Jesse Sanford urged the Land Use Committee to approve the zoning law and noted a continuing atmosphere of discrimination in the neighborhood’s bar scene. He said he could easily enter neighborhood bars as a white man, but often a person of color would be denied entry.&nbsp;&nbsp;

Sanford said that “every bar in the Castro is owned by a cisgender white man” and that “sets a tone at the top” for discrimination.&nbsp;

Sanford said that “every bar in the Castro is owned by a cisgender white man” and that “sets a tone at the top” for discrimination.&nbsp;

“I have spoken with Black and brown folks, lesbians and trans people who have been heartbroken to discover that even after making it to the United States’ foremost LGBT sanctuary neighborhood, that there is no place for them,” he continued.&nbsp;

“I have spoken with Black and brown folks, lesbians and trans people who have been heartbroken to discover that even after making it to the United States’ foremost LGBT sanctuary neighborhood, that there is no place for them,” he continued.&nbsp;

Sanford urged support for the legislation, which was then sent with positive recommendation to the full board for accelerated approval as a committee report. The full Board approved the item on first reading the following day, and it was approved again Tuesday.

Sanford urged support for the legislation, which was then sent with positive recommendation to the full board for accelerated approval as a committee report. The full Board approved the item on first reading the following day, and it was approved again Tuesday.

<h2 class="wp-block-heading">Evictions</h2>

Also on the BOS agenda Tuesday were further eviction protections. District 5 Supervisor Dean Preston’s “eviction diversion ordinance,” which would require landlords pursuing certain with-cause evictions to give the tenant a preliminary written notice and a 10-day grace period to rectify the issue, passed unanimously on first reading.

Also on the BOS agenda Tuesday were further eviction protections. District 5 Supervisor Dean Preston’s “eviction diversion ordinance,” which would require landlords pursuing certain with-cause evictions to give the tenant a preliminary written notice and a 10-day grace period to rectify the issue, passed unanimously on first reading.

Preston reiterated remarks made at the Jan. 10 Land Use Committee meeting that emergency eviction protections instituted during the pandemic are providing a foundation for future policy. “Making eviction a last resort is good policy,” Preston said at the hearing. “We don’t resolve any other financial dispute (by threatening someone’s housing.)”

Preston reiterated remarks made at the Jan. 10 Land Use Committee meeting that emergency eviction protections instituted during the pandemic are providing a foundation for future policy. “Making eviction a last resort is good policy,” Preston said at the hearing. “We don’t resolve any other financial dispute (by threatening someone’s housing.)”

Hearings: Police and Omicron

<h2 class="wp-block-heading">Hearings: Police and Omicron</h2>

<h2>Hearings: Police and Omicron</h2>

The Board also held two Committee of the Whole hearings during Tuesday’s session: one was an update on police practices regarding use of force under oversight from the state Department of Justice; the other focused on the Department of Public Health’s response to the Omicron surge.&nbsp;

The Board also held two Committee of the Whole hearings during Tuesday’s session: one was an update on police practices regarding use of force under oversight from the state Department of Justice; the other focused on the Department of Public Health’s response to the Omicron surge.&nbsp;

The former issue is especially timely given the <a href="https://sfstandard.com/public-health-safety/sf-police-shooting-airport-guns/">deadly police shooting last week at San Francisco’s airport.</a> San Francisco came under <a href="https://www.sfchronicle.com/news/article/State-to-take-on-reform-oversight-at-SF-Police-12550865.php">federal and state DOJ oversight </a>after controversial police killings and negative interactions with neighborhoods. Previous hearings took place in 2020 and 2021.&nbsp;

The former issue is especially timely given the <a href="https://sfstandard.com/public-health-safety/sf-police-shooting-airport-guns/">deadly police shooting last week at San Francisco’s airport.</a> San Francisco came under <a href="https://www.sfchronicle.com/news/article/State-to-take-on-reform-oversight-at-SF-Police-12550865.php">federal and state DOJ oversight </a>after controversial police killings and negative interactions with neighborhoods. Previous hearings took place in 2020 and 2021.&nbsp;

SFPD staff made a presentation Tuesday noting that the department was now in compliance with 90% of Department of Justice recommendations. Notably, a new report on the use-of-force policy is in the works. Staff also emphasized the need for a new records management system.&nbsp;

SFPD staff made a presentation Tuesday noting that the department was now in compliance with 90% of Department of Justice recommendations. Notably, a new report on the use-of-force policy is in the works. Staff also emphasized the need for a new records management system.&nbsp;

The relatively sunny report was countered by probing questions from supervisors. District 3 Supervisor Aaron Peskin pressed on SFPD’s refusal to comply with the city’s surveillance ordinance. Preston pointed to what appeared to be little progress on bias, noting that he was “trying to reconcile your numbers with continuing severe racial disparities in enforcement.” District 1 Supervisor Connie Chan asked about issues with arrest records, and the discussion exposed some difficulties in compiling accurate rap sheets for investigation subjects.&nbsp;

The relatively sunny report was countered by probing questions from supervisors. District 3 Supervisor Aaron Peskin pressed on SFPD’s refusal to comply with the city’s surveillance ordinance. Preston pointed to what appeared to be little progress on bias, noting that he was “trying to reconcile your numbers with continuing severe racial disparities in enforcement.” District 1 Supervisor Connie Chan asked about issues with arrest records, and the discussion exposed some difficulties in compiling accurate rap sheets for investigation subjects.&nbsp;

The hearing was continued until March 22 after a brief session of public comment, which was dominated by police critics.

The hearing was continued until March 22 after a brief session of public comment, which was dominated by police critics.

Next was a hearing on the Omicron variant and the city’s response. Chan had requested this hearing at a Jan. 11 board meeting, where she recounted her questions to the Department of Emergency Management in connection to the emergency declaration in the Tenderloin. She wanted to know how the city will balance dealing with the spike in drug overdose deaths and Covid. She had also voiced concerns over reliable testing, given revelations of <a href="https://sfstandard.com/public-health-safety/covid-19-testing-shortages-color/">technical problems</a> and <a href="https://sfstandard.com/public-health-safety/sf-city-attorney-subpoenas-companies-suspected-of-running-rogue-covid-testing-sites/">shady testing sites</a>.&nbsp;

Next was a hearing on the Omicron variant and the city’s response. Chan had requested this hearing at a Jan. 11 board meeting, where she recounted her questions to the Department of Emergency Management in connection to the emergency declaration in the Tenderloin. She wanted to know how the city will balance dealing with the spike in drug overdose deaths and Covid. She had also voiced concerns over reliable testing, given revelations of <a href="https://sfstandard.com/public-health-safety/covid-19-testing-shortages-color/">technical problems</a> and <a href="https://sfstandard.com/public-health-safety/sf-city-attorney-subpoenas-companies-suspected-of-running-rogue-covid-testing-sites/">shady testing sites</a>.&nbsp;

Tuesday night&#8217;s hearing ended up being rather different.

Tuesday night's hearing ended up being rather different.

Tuesday night&#8217;s hearing ended up being rather different.

Health director Dr. Grant Colfax outlined the current state of Omicron response in a 10-slide presentation, which emphasized the importance of vaccines and boosters in preventing illness and deaths. The city&#8217;s ongoing response is focused on maintaining hospital capacity rather than trying to prevent every case. The fruits of that policy are that San Francisco continues to lead the nation in positive outcomes, with fewer than 81 deaths per 100,000 persons. Cases have peaked and started to decline, and the current peak in hospitalizations features more patients in acute care rather than intensive care.&nbsp;

Health director Dr. Grant Colfax outlined the current state of Omicron response in a 10-slide presentation, which emphasized the importance of vaccines and boosters in preventing illness and deaths. The city's ongoing response is focused on maintaining hospital capacity rather than trying to prevent every case. The fruits of that policy are that San Francisco continues to lead the nation in positive outcomes, with fewer than 81 deaths per 100,000 persons. Cases have peaked and started to decline, and the current peak in hospitalizations features more patients in acute care rather than intensive care.&nbsp;

Health director Dr. Grant Colfax outlined the current state of Omicron response in a 10-slide presentation, which emphasized the importance of vaccines and boosters in preventing illness and deaths. The city&#8217;s ongoing response is focused on maintaining hospital capacity rather than trying to prevent every case. The fruits of that policy are that San Francisco continues to lead the nation in positive outcomes, with fewer than 81 deaths per 100,000 persons. Cases have peaked and started to decline, and the current peak in hospitalizations features more patients in acute care rather than intensive care.&nbsp;

District 6 Supervisor Matt Haney asked about distribution of masks, noting that 500 people showed up at one distribution event and there was demand for more. DPH is continuing to distribute N95 and KN95 masks, and the agency has information on how to obtain the masks on their Covid assistance line.

District 6 Supervisor Matt Haney asked about distribution of masks, noting that 500 people showed up at one distribution event and there was demand for more. DPH is continuing to distribute N95 and KN95 masks, and the agency has information on how to obtain the masks on their Covid assistance line.

Preston asked about the demographics of the unvaccinated, and it was revealed that right now in San Francisco, white people between the ages of 25 and 34 are the least likely to be vaccinated.

Preston asked about the demographics of the unvaccinated, and it was revealed that right now in San Francisco, white people between the ages of 25 and 34 are the least likely to be vaccinated.

In the end, Chan also asked about mask access and testing protocols, including the question: How do people dispose of home tests? (Rest assured, they are safe to just place them in the trash.) Notably, Peskin and District 11 Supervisor Ahsha Safai urged more quarantine support for <a href="https://sfstandard.com/public-health-safety/chinatown-sro-residents-covid-nightmare/">SRO residents</a>.

In the end, Chan also asked about mask access and testing protocols, including the question: How do people dispose of home tests? (Rest assured, they are safe to just place them in the trash.) Notably, Peskin and District 11 Supervisor Ahsha Safai urged more quarantine support for <a href="https://sfstandard.com/public-health-safety/chinatown-sro-residents-covid-nightmare/">SRO residents</a>.

Roll Call: Guns, Conservatorship, and Monster Homes

<h2 class="wp-block-heading">Roll Call: Guns, Conservatorship, and Monster Homes</h2>

<h2>Roll Call: Guns, Conservatorship, and Monster Homes</h2>

During Roll Call, a number of supervisors announced action on issues which could dominate future agendas.

During Roll Call, a number of supervisors announced action on issues which could dominate future agendas.

District 2 Supervisor Catherine Stefani announced that she was asking the city attorney to draft an ordinance requiring gun owners to pay an annual fee and have liability insurance, along the line of a similar ordinance that was approved Tuesday by the San Jose City Council. Stefani also noted her earlier denunciation of <a href="https://sfstandard.com/public-health-safety/sf-police-investigate-antisemitic-covid-propaganda-found-in-pacific-heights/">antisemitic propaganda</a> distributed in her district over the weekend.

District 2 Supervisor Catherine Stefani announced that she was asking the city attorney to draft an ordinance requiring gun owners to pay an annual fee and have liability insurance, along the line of a similar ordinance that was approved Tuesday by the San Jose City Council. Stefani also noted her earlier denunciation of <a href="https://sfstandard.com/public-health-safety/sf-police-investigate-antisemitic-covid-propaganda-found-in-pacific-heights/">antisemitic propaganda</a> distributed in her district over the weekend.

District 8 Supervisor Mandelman requested two hearings on the state of behavioral health conservatorship policy in the city, noting the glacial rate of progress in implementing new programs. He also introduced a new version of legislation to control “monster homes” in his district.

District 8 Supervisor Mandelman requested two hearings on the state of behavioral health conservatorship policy in the city, noting the glacial rate of progress in implementing new programs. He also introduced a new version of legislation to control “monster homes” in his district.

SF Board of Supes in 5 mins: Castro bars, evictions, police shootings and more Omicron

Annie Gaus

With unpaid rent piling up, San Francisco landlords sued the city over an ordinance that sought to cancel rent for businesses that were forced to shut down during the pandemic.&nbsp;

With unpaid rent piling up, San Francisco landlords sued the city over an ordinance that sought to cancel rent for businesses that were forced to shut down during the pandemic.&nbsp;

Two property owners’ associations, the San Francisco Apartment Association and the Small Property Owners of San Francisco Institute, accused the city of illegally favoring tenants through a local ordinance that would excuse businesses from having to pay rent if public health orders forced them to close during the pandemic.&nbsp;

Two property owners’ associations, the San Francisco Apartment Association and the Small Property Owners of San Francisco Institute, accused the city of illegally favoring tenants through a local ordinance that would excuse businesses from having to pay rent if public health orders forced them to close during the pandemic.&nbsp;

The ordinance, passed by the Board of Supervisors in July, cited a state law that excuses a party from a contract if unforeseen circumstances make it impossible to fulfill the contract. Landlords argue that the city’s interpretation of that law, however, is illegal and vague in part because it doesn’t make it clear which businesses would qualify.

The ordinance, passed by the Board of Supervisors in July, cited a state law that excuses a party from a contract if unforeseen circumstances make it impossible to fulfill the contract. Landlords argue that the city’s interpretation of that law, however, is illegal and vague in part because it doesn’t make it clear which businesses would qualify.

The lawsuit, filed on Sept. 17 at S.F Superior Court, is the latest chapter in an ongoing standoff between landlords and small businesses scrambling to settle debts and keep their doors open as the pandemic drags into its nineteenth month.&nbsp;

The lawsuit, filed on Sept. 17 at S.F Superior Court, is the latest chapter in an ongoing standoff between landlords and small businesses scrambling to settle debts and keep their doors open as the pandemic drags into its nineteenth month.&nbsp;

A report released by the Budget &amp; Legislative analyst this week estimated that unpaid commercial rent has climbed as <a href="https://sfstandard.com/supervisors-approve-commercial-rent-relief-fund-as-debts-climb-past-600m/">high as $637 million</a> as of August, with an eviction moratorium set to expire on Sept. 30.&nbsp;

A report released by the Budget &amp; Legislative analyst this week estimated that unpaid commercial rent has climbed as <a href="https://sfstandard.com/supervisors-approve-commercial-rent-relief-fund-as-debts-climb-past-600m/">high as $637 million</a> as of August, with an eviction moratorium set to expire on Sept. 30.&nbsp;

Bennett Montoya, owner of LUV nightclub at the bottom of North Beach, said that his business accrued $400,000 in rent debt after a planned reopening in March 2020 was waylaid by the pandemic. Montoya said he’d signed a personal guarantee for the club’s lease back when business was booming, meaning he’s personally on the hook for rent.

Bennett Montoya, owner of LUV nightclub at the bottom of North Beach, said that his business accrued $400,000 in rent debt after a planned reopening in March 2020 was waylaid by the pandemic. Montoya said he’d signed a personal guarantee for the club’s lease back when business was booming, meaning he’s personally on the hook for rent.

“The nightlife industry has not really bounced back,” said Montoya, whose club carries a normal capacity of 300 people per night. “It&#8217;s just hard trying to work with my landlord. I understand his situation—you know, he still needs to pay his bills as well. Unfortunately for us, we can’t just walk away from the lease.”

“The nightlife industry has not really bounced back,” said Montoya, whose club carries a normal capacity of 300 people per night. “It's just hard trying to work with my landlord. I understand his situation—you know, he still needs to pay his bills as well. Unfortunately for us, we can’t just walk away from the lease.”

“The nightlife industry has not really bounced back,” said Montoya, whose club carries a normal capacity of 300 people per night. “It&#8217;s just hard trying to work with my landlord. I understand his situation—you know, he still needs to pay his bills as well. Unfortunately for us, we can’t just walk away from the lease.”

In the meantime, members of the San Francisco Board of Supervisors are aiming to force landlords and business tenants to the negotiating table using a promise of grants for unpaid rent.&nbsp;

In the meantime, members of the San Francisco Board of Supervisors are aiming to force landlords and business tenants to the negotiating table using a promise of grants for unpaid rent.&nbsp;

On Tuesday, Supervisors voted unanimously in favor of creating a commercial rent relief fund that would require landlords and tenants to work out a deal for unpaid rent. Landlords would be eligible for grants of up to $35,000 each, which must be applied towards back rent.&nbsp;

On Tuesday, Supervisors voted unanimously in favor of creating a commercial rent relief fund that would require landlords and tenants to work out a deal for unpaid rent. Landlords would be eligible for grants of up to $35,000 each, which must be applied towards back rent.&nbsp;

Supervisor Ahsha Safai, who introduced the relief plan, said he is currently negotiating with the Mayor’s office to fund the pool of relief money and pointed to the city’s emergency reserves as a potential source of funding.&nbsp;

Supervisor Ahsha Safai, who introduced the relief plan, said he is currently negotiating with the Mayor’s office to fund the pool of relief money and pointed to the city’s emergency reserves as a potential source of funding.&nbsp;

He said that a suggested <a href="https://sfstandard.com/imminent-crisis-s-f-moves-to-create-25m-fund-to-cover-small-businesses-back-rent/">$25 million pool of funding </a>was “a start,” ahead of the Sept. 30 eviction deadline, that could buy more time to lobby the federal or state government for greater relief.&nbsp;

He said that a suggested <a href="https://sfstandard.com/imminent-crisis-s-f-moves-to-create-25m-fund-to-cover-small-businesses-back-rent/">$25 million pool of funding </a>was “a start,” ahead of the Sept. 30 eviction deadline, that could buy more time to lobby the federal or state government for greater relief.&nbsp;

“We’ve had the PPP loan program; we&#8217;ve had the restaurant assistance loan program. However, if you talk to a lot of these folks, a lot of the smaller businesses and legacy businesses, they haven&#8217;t been able to access that money,” he said. “We also know that once the landlords are asked to come sit down at the table, there will be a large portion of rent forgiveness. So we don&#8217;t believe that we&#8217;re going to be able to help everyone, but we don&#8217;t want to sit back and not do anything.”

“We’ve had the PPP loan program; we've had the restaurant assistance loan program. However, if you talk to a lot of these folks, a lot of the smaller businesses and legacy businesses, they haven't been able to access that money,” he said. “We also know that once the landlords are asked to come sit down at the table, there will be a large portion of rent forgiveness. So we don't believe that we're going to be able to help everyone, but we don't want to sit back and not do anything.”

“We’ve had the PPP loan program; we&#8217;ve had the restaurant assistance loan program. However, if you talk to a lot of these folks, a lot of the smaller businesses and legacy businesses, they haven&#8217;t been able to access that money,” he said. “We also know that once the landlords are asked to come sit down at the table, there will be a large portion of rent forgiveness. So we don&#8217;t believe that we&#8217;re going to be able to help everyone, but we don&#8217;t want to sit back and not do anything.”

Small business leaders expect that the Sept. 30 expiration of the commercial eviction moratorium could compound a wave of closures that has hit the restaurant and retail sectors particularly hard.&nbsp;

Small business leaders expect that the Sept. 30 expiration of the commercial eviction moratorium could compound a wave of closures that has hit the restaurant and retail sectors particularly hard.&nbsp;

“There are an incredible amount of variables that we have to fight through to even figure out how we&#8217;re going to pay an employee,” said Antwan Capla of Trademark &amp; Copyright gastropub in South of Market. Like many other businesses, it went into debt trying to keep its doors open amid a halting post-pandemic recovery.&nbsp;

“There are an incredible amount of variables that we have to fight through to even figure out how we're going to pay an employee,” said Antwan Capla of Trademark &amp; Copyright gastropub in South of Market. Like many other businesses, it went into debt trying to keep its doors open amid a halting post-pandemic recovery.&nbsp;

“There are an incredible amount of variables that we have to fight through to even figure out how we&#8217;re going to pay an employee,” said Antwan Capla of Trademark &amp; Copyright gastropub in South of Market. Like many other businesses, it went into debt trying to keep its doors open amid a halting post-pandemic recovery.&nbsp;

The Budget &amp; Legislative analyst estimated that the vast majority of unpaid rent per month in San Francisco is attributable to retail tenants, which includes bars and restaurants. Those businesses accrued up to $25.8 million in rent debt per month this year, accounting for roughly 90% of total unpaid rent.&nbsp;

The Budget &amp; Legislative analyst estimated that the vast majority of unpaid rent per month in San Francisco is attributable to retail tenants, which includes bars and restaurants. Those businesses accrued up to $25.8 million in rent debt per month this year, accounting for roughly 90% of total unpaid rent.&nbsp;

Right now, it appears that San Francisco is already bleeding restaurants: Permit renewals show that the number of restaurants closing up shop outnumber the number of newly opened restaurants by nearly two to one. Year to date, there were 440 closures versus 249 openings as of June, according to permit data from the Department of Public Health.&nbsp;

Right now, it appears that San Francisco is already bleeding restaurants: Permit renewals show that the number of restaurants closing up shop outnumber the number of newly opened restaurants by nearly two to one. Year to date, there were 440 closures versus 249 openings as of June, according to permit data from the Department of Public Health.&nbsp;

“I expect this to get worse later this year as folks who are not open will more than likely not pay to keep the permits they have in place,” said Laurie Thomas, executive director of the Golden Gate Restaurant Association.&nbsp;

“I expect this to get worse later this year as folks who are not open will more than likely not pay to keep the permits they have in place,” said Laurie Thomas, executive director of the Golden Gate Restaurant Association.&nbsp;

Battle brews over back rent as SF landlords sue city for relief law

A few dozen repeat offenders appear to be driving retail crime in San Francisco, according to the San Francisco Police Department (SFPD).&nbsp;

A few dozen repeat offenders appear to be driving retail crime in San Francisco, according to the San Francisco Police Department (SFPD).&nbsp;

In a letter to Supervisor Ahsha Safai, who had requested information on retail crime, San Francisco Chief of Police Bill Scott said that the department keeps a record of repeat shoplifting offenders. SFPD identified 116 repeat offenders in 2020, of which 38 (33%) were rearrested by the department.&nbsp;

In a letter to Supervisor Ahsha Safai, who had requested information on retail crime, San Francisco Chief of Police Bill Scott said that the department keeps a record of repeat shoplifting offenders. SFPD identified 116 repeat offenders in 2020, of which 38 (33%) were rearrested by the department.&nbsp;

That was a sharp drop compared to 2019, when SFPD identified 219 repeat offenders and rearrested 63 (29%). In 2019, there were 238 repeat offenders and 48 (20%) rearrested, according to SFPD.&nbsp;

That was a sharp drop compared to 2019, when SFPD identified 219 repeat offenders and rearrested 63 (29%). In 2019, there were 238 repeat offenders and 48 (20%) rearrested, according to SFPD.&nbsp;

The department did not expand on specific reasons for the drop in repeat offenders, though the department’s own <a href="https://www.sanfranciscopolice.org/stay-safe/crime-data/crime-dashboard">statistics</a> show a reshuffling of crime trends overall during the pandemic, when as many as half of the city’s <a href="https://www.publiccommentsf.com/post/nearly-half-of-s-f-small-businesses-remain-closed-office-visits-lag-report">storefronts closed</a> and residents stayed home.&nbsp;

The department did not expand on specific reasons for the drop in repeat offenders, though the department’s own <a href="https://www.sanfranciscopolice.org/stay-safe/crime-data/crime-dashboard">statistics</a> show a reshuffling of crime trends overall during the pandemic, when as many as half of the city’s <a href="https://www.publiccommentsf.com/post/nearly-half-of-s-f-small-businesses-remain-closed-office-visits-lag-report">storefronts closed</a> and residents stayed home.&nbsp;

&#8220;The data might say that cases aren&#8217;t substantially on the increase, but the brazen nature of them are,&#8221; said Safai at a Board of Supervisors meeting on Tuesday. &#8220;There is no statistic for brazenness.&#8221;

"The data might say that cases aren't substantially on the increase, but the brazen nature of them are," said Safai at a Board of Supervisors meeting on Tuesday. "There is no statistic for brazenness."

&#8220;The data might say that cases aren&#8217;t substantially on the increase, but the brazen nature of them are,&#8221; said Safai at a Board of Supervisors meeting on Tuesday. &#8220;There is no statistic for brazenness.&#8221;

In a separate letter, San Francisco District Attorney Chesa Boudin wrote that it is difficult to precisely track organized crime prosecutions because the charges can range from petty theft and criminal profiteering to looting. California’s penal code also includes a special category for organized retail theft, which expired July 1 but was extended this week.&nbsp;&nbsp;

In a separate letter, San Francisco District Attorney Chesa Boudin wrote that it is difficult to precisely track organized crime prosecutions because the charges can range from petty theft and criminal profiteering to looting. California’s penal code also includes a special category for organized retail theft, which expired July 1 but was extended this week.&nbsp;&nbsp;

Of the 26 organized retail theft arrests presented to the District Attorney this year, the office filed criminal charges in 21 cases. Four were discharged, and one was referred to another agency.&nbsp;

Of the 26 organized retail theft arrests presented to the District Attorney this year, the office filed criminal charges in 21 cases. Four were discharged, and one was referred to another agency.&nbsp;

At a Wednesday press conference, Governor Gavin Newsom addressed retail crime and gun violence in the state and signed a bill, <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB331">AB 331</a>, that extended the organized retail crime classification in California’s penal code. Organized retail theft is defined under the law as theft in which an individual acts in concert with others to resell or return stolen items for value.&nbsp;

At a Wednesday press conference, Governor Gavin Newsom addressed retail crime and gun violence in the state and signed a bill, <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB331">AB 331</a>, that extended the organized retail crime classification in California’s penal code. Organized retail theft is defined under the law as theft in which an individual acts in concert with others to resell or return stolen items for value.&nbsp;

The bill also directs the California Highway Patrol to assist local law enforcement agencies in counties defined as having “elevated levels of property crime.”&nbsp;

The bill also directs the California Highway Patrol to assist local law enforcement agencies in counties defined as having “elevated levels of property crime.”&nbsp;

“The state of California has no police department; it has the California Highway Patrol,” said Newsom. “That doesn’t negate our responsibility and our role to work with local law enforcement, to work with local District Attorneys, to work with our local elected officials&#8230;that is exactly what this legislation will afford us the right to do.”

“The state of California has no police department; it has the California Highway Patrol,” said Newsom. “That doesn’t negate our responsibility and our role to work with local law enforcement, to work with local District Attorneys, to work with our local elected officials...that is exactly what this legislation will afford us the right to do.”

“The state of California has no police department; it has the California Highway Patrol,” said Newsom. “That doesn’t negate our responsibility and our role to work with local law enforcement, to work with local District Attorneys, to work with our local elected officials&#8230;that is exactly what this legislation will afford us the right to do.”

SFPD Chief Bill Scott spoke briefly at the press conference, describing organized retail theft as “a challenge” and alluding to recent viral videos showing brazen crimes. Last month, a video of a shoplifter bicycling a bag full of items out of a San Francisco Walgreens store landed on the national news.&nbsp;

SFPD Chief Bill Scott spoke briefly at the press conference, describing organized retail theft as “a challenge” and alluding to recent viral videos showing brazen crimes. Last month, a video of a shoplifter bicycling a bag full of items out of a San Francisco Walgreens store landed on the national news.&nbsp;

“With the leadership of the State Assembly&#8230;and our Governor, I think we’ll have more success,” said Scott. “It’s a challenge, I’ll be honest with you, but it’s not insurmountable.”&nbsp;

“With the leadership of the State Assembly...and our Governor, I think we’ll have more success,” said Scott. “It’s a challenge, I’ll be honest with you, but it’s not insurmountable.”&nbsp;

“With the leadership of the State Assembly&#8230;and our Governor, I think we’ll have more success,” said Scott. “It’s a challenge, I’ll be honest with you, but it’s not insurmountable.”&nbsp;

At a May hearing, representatives from Walgreens and CVS told members of the San Francisco Board of Supervisors that their San Francisco stores see far higher levels of theft than surrounding cities. Those stores also report more threats against workers, despite elevated spending on security.&nbsp;

At a May hearing, representatives from Walgreens and CVS told members of the San Francisco Board of Supervisors that their San Francisco stores see far higher levels of theft than surrounding cities. Those stores also report more threats against workers, despite elevated spending on security.&nbsp;

“Somebody is going to seriously get hurt, whether it’s an employee or a customer at Walgreens or Target,” said Rafael Gutierrez, a former Target security guard, <a href="https://sfstandard.com/target-security-guard-speaks-out-san-francisco-retail-crime/">in an interview</a> with Here/Say.&nbsp;

“Somebody is going to seriously get hurt, whether it’s an employee or a customer at Walgreens or Target,” said Rafael Gutierrez, a former Target security guard, <a href="https://sfstandard.com/target-security-guard-speaks-out-san-francisco-retail-crime/">in an interview</a> with Here/Say.&nbsp;

In October 2020, a joint effort by the California Highway Patrol, San Francisco Police, San Francisco District Attorney and the U.S. Postal Inspection Service resulted in a multimillion-dollar retail crime bust.&nbsp;

In October 2020, a joint effort by the California Highway Patrol, San Francisco Police, San Francisco District Attorney and the U.S. Postal Inspection Service resulted in a multimillion-dollar retail crime bust.&nbsp;

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Battle brews over back rent as SF landlords sue city for relief law

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