David Sjostedt

In the wake of a brazen retail crime spree in Union Square, city supervisors voted to approve a legislation Tuesday that will effectively allow off-duty sheriffs deputies to work security for retail companies in San Francisco. The decision came despite some supervisors raising concerns that the proposal could run afoul of state law.

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<p>In the wake of a brazen retail crime spree in Union Square, city supervisors voted to approve a legislation Tuesday that will effectively allow off-duty sheriffs deputies to work security for retail companies in San Francisco. The decision came despite some supervisors raising concerns that the proposal could run afoul of state law.</p>

Supervisor Ahsha Safai presented the measure as a “spoke in the wheel of justice” to deter retail crime. The resolution mirrors an existing city code that only applied to off–duty SFPD officers, and the two agencies have 60 days to present city officials with their plan to divvy up the work.&nbsp;

<p>Supervisor Ahsha Safai presented the measure as a “spoke in the wheel of justice” to deter retail crime. The resolution mirrors an existing city code that only applied to off–duty SFPD officers, and the two agencies have 60 days to present city officials with their plan to divvy up the work.&nbsp;</p>

Supervisor Dean Preston, who was joined by two colleagues in opposing the measure, expressed concern that the legislation could violate state law, which only allows private entities to hire individuals to provide security for events or on other special occasions. He also expressed concerns the city may already be violating state law by allowing retailers to hire off-duty police officers through the 10B program.

<p>Supervisor Dean Preston, who was joined by two colleagues in opposing the measure, expressed concern that the legislation could violate state law, which only allows private entities to hire individuals to provide security for events or on other special occasions. He also expressed concerns the city may already be violating state law by allowing retailers to hire off-duty police officers through the 10B program.</p>

“We have three decades of attorney general opinions and state law saying you can’t do this,” Preston said. “I find it perhaps more alarming if the city and county of San Francisco, through the 10B program, has been violating that state law.”&nbsp;

<p>“We have three decades of attorney general opinions and state law saying you can’t do this,” Preston said. “I find it perhaps more alarming if the city and county of San Francisco, through the 10B program, has been violating that state law.”&nbsp;</p>

City Code 10B allows off–duty police officers to work as private security for any company or individual. The SF police officer’s union has in the past opposed allowing sheriff’s deputies to do the same, but San Francisco Police Chief Bill Scott said Tuesday that the two agencies came together on this issue because SFPD was “unable to meet the demand” of businesses seeking security.&nbsp;

<p>City Code 10B allows off–duty police officers to work as private security for any company or individual. The SF police officer’s union has in the past opposed allowing sheriff’s deputies to do the same, but San Francisco Police Chief Bill Scott said Tuesday that the two agencies came together on this issue because SFPD was “unable to meet the demand” of businesses seeking security.&nbsp;</p>

In November, Professor Lara Bazelon at the USF school of law <a href="https://sfgov.legistar.com/View.ashx?M=F&amp;ID=9966719&amp;GUID=3E34774F-32A8-4D32-A3B3-B67F9F14758D">questioned</a> the legality of Safai’s measure, citing a 1985 ruling by the Attorney General.&nbsp;

<p>In November, Professor Lara Bazelon at the USF school of law <a href="https://sfgov.legistar.com/View.ashx?M=F&amp;ID=9966719&amp;GUID=3E34774F-32A8-4D32-A3B3-B67F9F14758D">questioned</a> the legality of Safai’s measure, citing a 1985 ruling by the Attorney General.&nbsp;</p>

“This precedent and the plain language of the statute calls the legality of the proposed ordinance into doubt,” Bazelon said in the letter. “In my opinion, the ordinance exceeds the scope of what is permissible under the law.”

<p>“This precedent and the plain language of the statute calls the legality of the proposed ordinance into doubt,” Bazelon said in the letter. “In my opinion, the ordinance exceeds the scope of what is permissible under the law.”</p>

Deputy city attorney Anne Pearson said the wording of the ordinance complied with state law.

<p>Deputy city attorney Anne Pearson said the wording of the ordinance complied with state law.</p>

Supervisor Hillary Ronen, who ultimately voted in favor of the measure, warned of its potential effect on a depleted sheriff’s force that is struggling to adequately staff courts and jails.&nbsp;

<p>Supervisor Hillary Ronen, who ultimately voted in favor of the measure, warned of its potential effect on a depleted sheriff’s force that is struggling to adequately staff courts and jails.&nbsp;</p>

“There are about 400 criminal cases that have surpassed the constitutional right to a speedy trial in the courts of San Francisco,” Ronen said. “I worry that there won’t be deputies available because of this program.”

<p>“There are about 400 criminal cases that have surpassed the constitutional right to a speedy trial in the courts of San Francisco,” Ronen said. “I worry that there won’t be deputies available because of this program.”</p>

Sherrif Deputy Paul Miyamoto, who admitted that the department is understaffed, said the new amendment won’t affect their presence in other parts of the city since it will only apply to off-duty officers.&nbsp;

<p>Sherrif Deputy Paul Miyamoto, who admitted that the department is understaffed, said the new amendment won’t affect their presence in other parts of the city since it will only apply to off-duty officers.&nbsp;</p>

Safai said the new law will empower retailers to protect themselves from organized retail theft organizations, such as the group that <a href="https://sfstandard.com/merchants-remain-uneasy-but-shoppers-unfazed-following-union-square-thefts/">burglarized Union Square </a>on Nov. 19. 

<p>Safai said the new law will empower retailers to protect themselves from organized retail theft organizations, such as the group that <a href="https://sfstandard.com/merchants-remain-uneasy-but-shoppers-unfazed-following-union-square-thefts/">burglarized Union Square </a>on Nov. 19. </p>

“When we heard that San Francisco was one of the epicenters for organized retail crime, we knew we had to act, and we knew we had to act swiftly,” Safai said.&nbsp;

<p>“When we heard that San Francisco was one of the epicenters for organized retail crime, we knew we had to act, and we knew we had to act swiftly,” Safai said.&nbsp;</p>

Supervisors may be skirting law with latest swipe at retail crime

Sarah Wright

State Sen. Scott Wiener on Tuesday <a href="https://www.abc10.com/article/news/education/california-plan-would-streamline-housing-laws-colleges/103-96382473-da58-43d4-bd66-2e9ef410b1fe">unveiled his second effort in one month</a> aimed at helping housing and transportation projects navigate the gauntlet of environmental regulations embodied in the California Environmental Quality Act (CEQA.)

<p>State Sen. Scott Wiener on Tuesday <a href="https://www.abc10.com/article/news/education/california-plan-would-streamline-housing-laws-colleges/103-96382473-da58-43d4-bd66-2e9ef410b1fe">unveiled his second effort in one month</a> aimed at helping housing and transportation projects navigate the gauntlet of environmental regulations embodied in the California Environmental Quality Act (CEQA.) </p>

His latest measure was prompted by a judge&#8217;s order that could <a href="https://www.sfchronicle.com/bayarea/article/UC-Berkeley-wants-state-Supreme-Court-to-lift-16918552.php">freeze enrollment at University of California, Berkeley</a> while a CEQA lawsuit is resolved. Wiener wants to exempt student housing developments from some aspects of CEQA review, after earlier <a href="https://sfstandard.com/transportation/wiener-extends-ceqa-exemption-for-green-transit/">seeking similar exemptions for green transportation projects.</a>

<p>His latest measure was prompted by a judge's order that could <a href="https://www.sfchronicle.com/bayarea/article/UC-Berkeley-wants-state-Supreme-Court-to-lift-16918552.php">freeze enrollment at University of California, Berkeley</a> while a CEQA lawsuit is resolved. Wiener wants to exempt student housing developments from some aspects of CEQA review, after earlier <a href="https://sfstandard.com/transportation/wiener-extends-ceqa-exemption-for-green-transit/">seeking similar exemptions for green transportation projects.</a></p>

<p>His latest measure was prompted by a judge&#8217;s order that could <a href="https://www.sfchronicle.com/bayarea/article/UC-Berkeley-wants-state-Supreme-Court-to-lift-16918552.php">freeze enrollment at University of California, Berkeley</a> while a CEQA lawsuit is resolved. Wiener wants to exempt student housing developments from some aspects of CEQA review, after earlier <a href="https://sfstandard.com/transportation/wiener-extends-ceqa-exemption-for-green-transit/">seeking similar exemptions for green transportation projects.</a></p>

&#8220;Seequa,&#8221; as it is known to generations of California policymakers, is meant to block ecologically exploitative or irresponsible development—two ambitions commonly associated with the political left. But it&#8217;s now seen by many across the political spectrum as an impediment to much-needed housing and other critical infrastructure.

<p>"Seequa," as it is known to generations of California policymakers, is meant to block ecologically exploitative or irresponsible development—two ambitions commonly associated with the political left. But it's now seen by many across the political spectrum as an impediment to much-needed housing and other critical infrastructure.</p>

<p>&#8220;Seequa,&#8221; as it is known to generations of California policymakers, is meant to block ecologically exploitative or irresponsible development—two ambitions commonly associated with the political left. But it&#8217;s now seen by many across the political spectrum as an impediment to much-needed housing and other critical infrastructure.</p>

<strong>What is CEQA and why is it being targeted for &#8216;streamlining&#8217;?</strong>


<h5 class="wp-block-heading"><strong>What is CEQA and why is it being targeted for &#8216;streamlining&#8217;?</strong></h5>


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<h5><strong>What is CEQA and why is it being targeted for 'streamlining'?</strong></h5>

<h5><strong>What is CEQA and why is it being targeted for &#8216;streamlining&#8217;?</strong></h5>

The California Environmental Quality Act was signed into law in 1970 by then-Gov. Ronald Reagan. It requires any development project up for approval by local or state governments to take into account the project’s effect on the environment. That means anyone who proposes a new project—whether it’s an apartment building or a bike path—has to prove it won’t produce significant pollution or do harm to a protected plant or animal species.

<p>The California Environmental Quality Act was signed into law in 1970 by then-Gov. Ronald Reagan. It requires any development project up for approval by local or state governments to take into account the project’s effect on the environment. That means anyone who proposes a new project—whether it’s an apartment building or a bike path—has to prove it won’t produce significant pollution or do harm to a protected plant or animal species.</p>

However, some, including Wiener, argue that the law has been misused by special interests who care less about the environment and more about putting the brakes on projects they don’t like.

<p>However, some, including Wiener, argue that the law has been misused by special interests who care less about the environment and more about putting the brakes on projects they don’t like.</p>

That’s why, just a few weeks ago, Wiener <a href="https://sfstandard.com/transportation/wiener-extends-ceqa-exemption-for-green-transit/">unveiled a bill</a> to extend a current law that allows certain green transportation projects to proceed without a full environmental review. It’s also the impetus for his introduction yesterday of a bill that would <a href="https://www.sfchronicle.com/politics/article/New-bill-would-exempt-California-public-16933998.php">make it easier to build student housing</a>.

<p>That’s why, just a few weeks ago, Wiener <a href="https://sfstandard.com/transportation/wiener-extends-ceqa-exemption-for-green-transit/">unveiled a bill</a> to extend a current law that allows certain green transportation projects to proceed without a full environmental review. It’s also the impetus for his introduction yesterday of a bill that would <a href="https://www.sfchronicle.com/politics/article/New-bill-would-exempt-California-public-16933998.php">make it easier to build student housing</a>.</p>

“Using CEQA to delay or halt student and faculty housing projects has greatly impacted California campuses, increasing the cost of living in and around campuses, pushing thousands of students and staff into housing insecurity or homelessness,” Wiener wrote in a press release.&nbsp;

<p>“Using CEQA to delay or halt student and faculty housing projects has greatly impacted California campuses, increasing the cost of living in and around campuses, pushing thousands of students and staff into housing insecurity or homelessness,” Wiener wrote in a press release.&nbsp;</p>

This is far from the first time changes to how the law is applied have been proposed, said <meta charset="utf-8">Tom Engels, a University of San Francisco adjunct professor and CEQA compliance consultant.

<p>This is far from the first time changes to how the law is applied have been proposed, said <meta charset="utf-8">Tom Engels, a University of San Francisco adjunct professor and CEQA compliance consultant.</p>

Signed on the heels of the National Environmental Policy Act, the California version of the law required that the environmental effects of new projects be considered and mitigated, but it didn’t say exactly how.&nbsp;

<p>Signed on the heels of the National Environmental Policy Act, the California version of the law required that the environmental effects of new projects be considered and mitigated, but it didn’t say exactly how.&nbsp;</p>

Each year, the state <a href="https://opr.ca.gov/ceqa/guidelines/">rolls out a new set of guidelines</a> for CEQA compliance. These guidelines<strong> </strong>include updated court decisions, bills passed by the legislature and information about what to focus on when implementing the law.

<p>Each year, the state <a href="https://opr.ca.gov/ceqa/guidelines/">rolls out a new set of guidelines</a> for CEQA compliance. These guidelines<strong> </strong>include updated court decisions, bills passed by the legislature and information about what to focus on when implementing the law.</p>

Inside the guidelines one will find a laundry list of “statutory exemptions” that range from allowing the Olympics to be held without a full environmental impact report to those that address rebuilding after a disaster. Wiener’s proposal, if passed, would create an exemption to parts of the law for student and faculty housing at California colleges and universities.&nbsp;

<p>Inside the guidelines one will find a laundry list of “statutory exemptions” that range from allowing the Olympics to be held without a full environmental impact report to those that address rebuilding after a disaster. Wiener’s proposal, if passed, would create an exemption to parts of the law for student and faculty housing at California colleges and universities.&nbsp;</p>

Jennifer Hernandez, a partner at the law firm Holland &amp; Knight, says the last few decades have seen greater abuse of the law.&nbsp;

<p>Jennifer Hernandez, a partner at the law firm Holland &amp; Knight, says the last few decades have seen greater abuse of the law.&nbsp;</p>

Because the law can so easily be invoked by its opponents (anyone who wants to can file a lawsuit alleging CEQA violations), it is most often used as a tactic specifically to stop housing projects, according to Hernandez. And she argues that judges have transformed the law into a weapon for redlining by protecting the status quo.

<p>Because the law can so easily be invoked by its opponents (anyone who wants to can file a lawsuit alleging CEQA violations), it is most often used as a tactic specifically to stop housing projects, according to Hernandez. And she argues that judges have transformed the law into a weapon for redlining by protecting the status quo.</p>

“CEQA was never intended to be weaponized as a tool against affordable housing, or for that matter, school housing,” Hernandez said.&nbsp;

<p>“CEQA was never intended to be weaponized as a tool against affordable housing, or for that matter, school housing,” Hernandez said.&nbsp;</p>

<strong>Why not just change the foundation of CEQA?</strong>


<h5 class="wp-block-heading"><strong>Why not just change the foundation of CEQA?</strong></h5>


<h5><strong>Why not just change the foundation of CEQA?</strong></h5>

Lawmakers, including Wiener, have tried to change critical parts of the foundation of CEQA. But the political atmosphere makes substantive changes to the law itself difficult. It’s much easier to get blanket exemptions tacked on, which allow projects to get “ministerial” or automatic approval if they meet a set of criteria.

<p>Lawmakers, including Wiener, have tried to change critical parts of the foundation of CEQA. But the political atmosphere makes substantive changes to the law itself difficult. It’s much easier to get blanket exemptions tacked on, which allow projects to get “ministerial” or automatic approval if they meet a set of criteria.</p>

“Achieving things under ministerial approval, when it’s applicable, I think is the right move,” said Wiener’s Communications Director Catie Stewart. “I think it’s the only way it’s going to get done, to be honest.”

<p>“Achieving things under ministerial approval, when it’s applicable, I think is the right move,” said Wiener’s Communications Director Catie Stewart. “I think it’s the only way it’s going to get done, to be honest.”</p>

Hernandez is an advocate for some more substantive changes to the law, like a maximum of one round of environmental review per project and an end to anonymous lawsuits.&nbsp;

<p>Hernandez is an advocate for some more substantive changes to the law, like a maximum of one round of environmental review per project and an end to anonymous lawsuits.&nbsp;</p>

But she says any major CEQA reform faces major barriers, including from labor unions that rely on CEQA to negotiate fair contracts and the strength of a 50-year-old industry in California built on litigating disputes and helping project planners navigate CEQA. As for Wiener’s strategy to author new bills that create CEQA exemptions, Hernandez is all for it.&nbsp;

<p>But she says any major CEQA reform faces major barriers, including from labor unions that rely on CEQA to negotiate fair contracts and the strength of a 50-year-old industry in California built on litigating disputes and helping project planners navigate CEQA. As for Wiener’s strategy to author new bills that create CEQA exemptions, Hernandez is all for it.&nbsp;</p>

“I don&#8217;t see it as circumventing the intent of law or its purpose,” Hernandez said. “I see it as legislation trying to narrowly chip away at some of the worst abuse.”

<p>“I don't see it as circumventing the intent of law or its purpose,” Hernandez said. “I see it as legislation trying to narrowly chip away at some of the worst abuse.”</p>

<p>“I don&#8217;t see it as circumventing the intent of law or its purpose,” Hernandez said. “I see it as legislation trying to narrowly chip away at some of the worst abuse.”</p>

Meanwhile, not everyone agrees that CEQA is in need of reform. Environmental groups have spoken out in support of the law despite its occasional misuse. In a <a href="https://drive.google.com/file/d/1bAzmVcVP1nB8Okav8Nmu-fnkeOQKFcNh/view">2019 letter to Gov. Gavin Newsom,</a> dozens of major environmental leaders wrote in defense of the law, saying its opponents wrongly blame CEQA for the state’s housing crisis.

<p>Meanwhile, not everyone agrees that CEQA is in need of reform. Environmental groups have spoken out in support of the law despite its occasional misuse. In a <a href="https://drive.google.com/file/d/1bAzmVcVP1nB8Okav8Nmu-fnkeOQKFcNh/view">2019 letter to Gov. Gavin Newsom,</a> dozens of major environmental leaders wrote in defense of the law, saying its opponents wrongly blame CEQA for the state’s housing crisis.</p>

“CEQA did not cause the housing crisis, and weakening CEQA will not solve it,” the letter reads. “Rather, if implemented properly, CEQA can be an effective tool in helping to address California’s housing problems by encouraging sustainable development.”

<p>“CEQA did not cause the housing crisis, and weakening CEQA will not solve it,” the letter reads. “Rather, if implemented properly, CEQA can be an effective tool in helping to address California’s housing problems by encouraging sustainable development.”</p>

David Pettit, senior attorney for the Natural Resources Defense Council, is one signatory who defends the environmental law. He points to a study that estimated that less than <a href="https://rosefdn.org/wp-content/uploads/2016/08/CEQA-in-the-21st-Century.pdf">1% of housing projects were held up by suits</a> and said that while lawsuits like the UC Berkeley one make headlines, they don’t represent the majority of the uses of the law.&nbsp;

<p>David Pettit, senior attorney for the Natural Resources Defense Council, is one signatory who defends the environmental law. He points to a study that estimated that less than <a href="https://rosefdn.org/wp-content/uploads/2016/08/CEQA-in-the-21st-Century.pdf">1% of housing projects were held up by suits</a> and said that while lawsuits like the UC Berkeley one make headlines, they don’t represent the majority of the uses of the law.&nbsp;</p>

“Those are stories, not facts,” Pettit said. “The empirical facts are that CEQA is not a major impediment to building housing, particularly affordable housing, in California.”

<p>“Those are stories, not facts,” Pettit said. “The empirical facts are that CEQA is not a major impediment to building housing, particularly affordable housing, in California.”</p>

<strong>What does this have to do with San Francisco?</strong>


<h5 class="wp-block-heading" id="h-what-does-this-have-to-do-with-san-francisco"><strong>What does this have to do with San Francisco?</strong></h5>


<h5 id="h-what-does-this-have-to-do-with-san-francisco"><strong>What does this have to do with San Francisco?</strong></h5>

CEQA appeals—or threats to appeal—come up time and time again in city politics. Last year, a nationally publicized CEQA controversy <a href="https://sfstandard.com/housing-development/supervisors-under-fire-vote-against-proposed-soma-apartment-building-sparks-furor-may-violate-state-law/">put the Board of Supervisors under the microscope</a> for declining to approve an environmental impact report for a nearly 500-unit housing development at 469 Stevenson St., the current site of a valet Nordstrom parking lot.

<p>CEQA appeals—or threats to appeal—come up time and time again in city politics. Last year, a nationally publicized CEQA controversy <a href="https://sfstandard.com/housing-development/supervisors-under-fire-vote-against-proposed-soma-apartment-building-sparks-furor-may-violate-state-law/">put the Board of Supervisors under the microscope</a> for declining to approve an environmental impact report for a nearly 500-unit housing development at 469 Stevenson St., the current site of a valet Nordstrom parking lot.</p>

Wiener <a href="https://twitter.com/Scott_Wiener/status/1462913408584478721">tweeted his support</a> for a state investigation into the decision and has piloted several high-profile laws that streamline housing approval in the state.&nbsp;

<p>Wiener <a href="https://twitter.com/Scott_Wiener/status/1462913408584478721">tweeted his support</a> for a state investigation into the decision and has piloted several high-profile laws that streamline housing approval in the state.&nbsp;</p>

As for how changes to the law may unfold in the future, even those on opposite sides agree that a total overhaul of CEQA isn’t likely.

<p>As for how changes to the law may unfold in the future, even those on opposite sides agree that a total overhaul of CEQA isn’t likely.</p>

“It&#8217;s kind of a remarkable thing that CEQA got passed, but it did, and here we are 50 years later,” Engels said. “I don&#8217;t see it going anywhere, that’s for sure.”

<p>“It's kind of a remarkable thing that CEQA got passed, but it did, and here we are 50 years later,” Engels said. “I don't see it going anywhere, that’s for sure.”</p>

<p>“It&#8217;s kind of a remarkable thing that CEQA got passed, but it did, and here we are 50 years later,” Engels said. “I don&#8217;t see it going anywhere, that’s for sure.”</p>

CEQA saga: UC Berkeley housing battle puts environmental law in the crosshairs again

Michael Barba

A judge rejected arguments this week that San Francisco police violated the law by using a Union Square security camera network to monitor in real time protests over the Minneapolis police killing of George Floyd during the summer of 2020.

<p>A judge rejected arguments this week that San Francisco police violated the law by using a Union Square security camera network to monitor in real time protests over the Minneapolis police killing of George Floyd during the summer of 2020.</p>

San Francisco Superior Court Judge Richard Ulmer ruled against civil liberties groups Wednesday in their lawsuit alleging the police department violated a local surveillance ordinance prohibiting city agencies from acquiring new surveillance technologies without first submitting a usage policy for approval from the Board of Supervisors.

<p>San Francisco Superior Court Judge Richard Ulmer ruled against civil liberties groups Wednesday in their lawsuit alleging the police department violated a local surveillance ordinance prohibiting city agencies from acquiring new surveillance technologies without first submitting a usage policy for approval from the Board of Supervisors.</p>

The case <a href="https://sfstandard.com/breed-backs-more-cops-more-surveillance-as-public-safety-concerns-reach-fever-pitch/">found itself at the center of a citywide debate over crime</a> in San Francisco last December, when Mayor London Breed announced she wanted police to have the tools they need to combat mass retail thefts in Union Square and drug dealing in the Tenderloin—including live access to surveillance cameras. Police say they’re “hamstrung” by the ordinance.

<p>The case <a href="https://sfstandard.com/breed-backs-more-cops-more-surveillance-as-public-safety-concerns-reach-fever-pitch/">found itself at the center of a citywide debate over crime</a> in San Francisco last December, when Mayor London Breed announced she wanted police to have the tools they need to combat mass retail thefts in Union Square and drug dealing in the Tenderloin—including live access to surveillance cameras. Police say they’re “hamstrung” by the ordinance.</p>

The lawsuit stems from police requesting access to the camera network, which is run by the Union Square Business Improvement District, after a day of protests against police brutality was followed by a night of looting at the shopping district in May 2020. Court records show an officer said she looked at a feed from the camera network several times to “ensure there were no crowds forming in Union Square,” but no further looting materialized.

<p>The lawsuit stems from police requesting access to the camera network, which is run by the Union Square Business Improvement District, after a day of protests against police brutality was followed by a night of looting at the shopping district in May 2020. Court records show an officer said she looked at a feed from the camera network several times to “ensure there were no crowds forming in Union Square,” but no further looting materialized.</p>

The Electronic Frontier Foundation and the ACLU of Northern California, which filed the lawsuit on behalf of three protesters in October 2020, said the usage had a chilling effect on protesters who could no longer demonstrate without fear of police secretly “spying” on them.

<p>The Electronic Frontier Foundation and the ACLU of Northern California, which filed the lawsuit on behalf of three protesters in October 2020, said the usage had a chilling effect on protesters who could no longer demonstrate without fear of police secretly “spying” on them.</p>

<a href="https://content.sfstandard.com/wp-content/uploads/2022/02/07982009.pdf">In a three-page written ruling</a>, Ulmer found that the ordinance didn’t prevent police from watching the camera network because the department had already accessed it once to monitor the June 2019 Pride Parade—a month before the ordinance went into effect.

<p><a href="https://content.sfstandard.com/wp-content/uploads/2022/02/07982009.pdf">In a three-page written ruling</a>, Ulmer found that the ordinance didn’t prevent police from watching the camera network because the department had already accessed it once to monitor the June 2019 Pride Parade—a month before the ordinance went into effect.</p>

“Thus, the police’s prior use of USBID’s surveillance technology allowed the department to continue its use,” wrote Ulmer, who <a href="https://sfstandard.com/public-health-safety/lawsuit-sureveillance-san-francisco-police-protesters/">heard arguments in the case</a> last month.

<p>“Thus, the police’s prior use of USBID’s surveillance technology allowed the department to continue its use,” wrote Ulmer, who <a href="https://sfstandard.com/public-health-safety/lawsuit-sureveillance-san-francisco-police-protesters/">heard arguments in the case</a> last month.</p>

The decision disappointed EFF attorney Saira Hussain, who might appeal the ruling.

<p>The decision disappointed EFF attorney Saira Hussain, who might appeal the ruling.</p>

“The question at the heart of our lawsuit is whether SFPD will be held accountable for refusing to submit to democratic controls on police surveillance,” Hussain said in an email. “The police sidestepped the ordinance, and the court ruled on a technicality.”

<p>“The question at the heart of our lawsuit is whether SFPD will be held accountable for refusing to submit to democratic controls on police surveillance,” Hussain said in an email. “The police sidestepped the ordinance, and the court ruled on a technicality.”</p>

Jen Kwart, a spokesperson for the City Attorney’s Office, which represented the police department in the case, said the office appreciated how the judge “evaluated this case based on the facts and the plain language of the City’s ordinance.”

<p>Jen Kwart, a spokesperson for the City Attorney’s Office, which represented the police department in the case, said the office appreciated how the judge “evaluated this case based on the facts and the plain language of the City’s ordinance.”</p>

Ulmer’s ruling allows SFPD to continue using the security camera network in Union Square in real time. Whether the department will be allowed to live-monitor other camera networks is still up for debate at City Hall.

<p>Ulmer’s ruling allows SFPD to continue using the security camera network in Union Square in real time. Whether the department will be allowed to live-monitor other camera networks is still up for debate at City Hall.</p>

On Monday, a Board of Supervisors committee will discuss two competing ballot measures over the issue from Mayor London Breed and Supervisor Aaron Peskin.

<p>On Monday, a Board of Supervisors committee will discuss two competing ballot measures over the issue from Mayor London Breed and Supervisor Aaron Peskin.</p>

Last month, Breed put a measure on the June ballot that would amend the surveillance ordinance to allow police to use cameras in real time under certain circumstances, including when there is an imminent threat of serious property damage or physical injury.

<p>Last month, Breed put a measure on the June ballot that would amend the surveillance ordinance to allow police to use cameras in real time under certain circumstances, including when there is an imminent threat of serious property damage or physical injury.</p>

The measure would also allow Police Chief Bill Scott to use cameras in real time by declaring a “public safety crisis area” in places where there is an open-air drug market or a “documented increase in violent crimes over a period of time 14 days or longer.”

<p>The measure would also allow Police Chief Bill Scott to use cameras in real time by declaring a “public safety crisis area” in places where there is an open-air drug market or a “documented increase in violent crimes over a period of time 14 days or longer.”</p>

The competing measure from Peskin would strengthen the existing surveillance ordinance and streamline the process for approving usage policies.

<p>The competing measure from Peskin would strengthen the existing surveillance ordinance and streamline the process for approving usage policies.</p>

Ahead of the hearing Monday, dozens of groups, including the ACLU, <a href="https://www.aclunc.org/sites/default/files/2022.02.10%20SF%20Surveillance%20Ballot%20Measures%20Coalition%20Ltr.pdf">sent a letter to supervisors</a> saying the mayor’s measure would “gut” the ordinance. They blasted the measure for being too broad, in part because the proposal would apply to surveillance technologies beyond cameras.

<p>Ahead of the hearing Monday, dozens of groups, including the ACLU, <a href="https://www.aclunc.org/sites/default/files/2022.02.10%20SF%20Surveillance%20Ballot%20Measures%20Coalition%20Ltr.pdf">sent a letter to supervisors</a> saying the mayor’s measure would “gut” the ordinance. They blasted the measure for being too broad, in part because the proposal would apply to surveillance technologies beyond cameras.</p>

Brian Hofer, an Oakland-based privacy advocate who helped author the original ordinance and whose group Secure Justice signed onto the letter, said Breed’s measure would allow the police to have “unfettered use of surveillance technology.”

<p>Brian Hofer, an Oakland-based privacy advocate who helped author the original ordinance and whose group Secure Justice signed onto the letter, said Breed’s measure would allow the police to have “unfettered use of surveillance technology.”</p>

“She’s essentially allowing the police department to unilaterally declare these public safety threat zones,” Hofer said.

<p>“She’s essentially allowing the police department to unilaterally declare these public safety threat zones,” Hofer said.</p>

Critics have pointed out that all police have to do to live monitor surveillance under the existing ordinance is submit a usage policy to the Board of Supervisors for approval.

<p>Critics have pointed out that all police have to do to live monitor surveillance under the existing ordinance is submit a usage policy to the Board of Supervisors for approval.</p>

Breed has signaled she is willing to withdraw her measure and make changes to the ordinance through the legislative process, so long as the Board of Supervisors are willing to reach a compromise that “better balances public safety.”

<p>Breed has signaled she is willing to withdraw her measure and make changes to the ordinance through the legislative process, so long as the Board of Supervisors are willing to reach a compromise that “better balances public safety.”</p>

On Friday, Peskin said the SFPD has finally shared a draft policy with his office.

<p>On Friday, Peskin said the SFPD has finally shared a draft policy with his office.</p>

&#8220;I&#8217;m cautiously optimistic that cooler heads are prevailing and that we can work it out under the dome and not at the ballot,&#8221; he said.

<p>"I'm cautiously optimistic that cooler heads are prevailing and that we can work it out under the dome and not at the ballot," he said.</p>

<p>&#8220;I&#8217;m cautiously optimistic that cooler heads are prevailing and that we can work it out under the dome and not at the ballot,&#8221; he said.</p>

Judge sides with SFPD in lawsuit alleging cops spied on George Floyd protesters

San Francisco is offering awards of up to $100,000 for individuals who report information leading to the arrest and conviction of those involved in criminal rings that fuel auto burglaries, a type of crime common to many of <a href="https://sfstandard.com/san-francisco-to-deploy-additional-police-officers-tourist-areas/">the city’s tourist areas</a>.&nbsp;

<p>San Francisco is offering awards of up to $100,000 for individuals who report information leading to the arrest and conviction of those involved in criminal rings that fuel auto burglaries, a type of crime common to many of <a href="https://sfstandard.com/san-francisco-to-deploy-additional-police-officers-tourist-areas/">the city’s tourist areas</a>.&nbsp;</p>

Mayor London Breed and Police Chief Bill Scott presented the initiative in Fisherman’s Wharf on Tuesday as part of an ongoing effort to assure tourists of the city&#8217;s safety amid a national media focus on crime in San Francisco. Privately-owned businesses in the hospitality and tourism sectors are funding the award program, which has accrued $225,000 so far.&nbsp;

<p>Mayor London Breed and Police Chief Bill Scott presented the initiative in Fisherman’s Wharf on Tuesday as part of an ongoing effort to assure tourists of the city's safety amid a national media focus on crime in San Francisco. Privately-owned businesses in the hospitality and tourism sectors are funding the award program, which has accrued $225,000 so far.&nbsp;</p>

<p>Mayor London Breed and Police Chief Bill Scott presented the initiative in Fisherman’s Wharf on Tuesday as part of an ongoing effort to assure tourists of the city&#8217;s safety amid a national media focus on crime in San Francisco. Privately-owned businesses in the hospitality and tourism sectors are funding the award program, which has accrued $225,000 so far.&nbsp;</p>

A broken car window in San Francisco on Oct. 19, 2021. | Camille Cohen/The Standard


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2021/10/breakins-21.jpg" alt="" class="wp-image-12223"/><figcaption class="wp-element-caption">A shattered window of a car on Folsom Street in the Mission District on October 19, 2021.</figcaption></figure>


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<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2021/10/breakins-21.jpg" alt="" class="wp-image-12223"/><figcaption class="wp-element-caption">A shattered window of a car on Folsom Street in the Mission District on October 19, 2021.</figcaption></figure>

“I’ll be honest, one of my car break–ins, I didn’t even bother to report it,” Breed said. “We don’t want you to put yourself in harm’s way. But if you’re paying attention and you see any information, and you’re able to share that information with us — that’s important.”&nbsp;&nbsp;

<p>“I’ll be honest, one of my car break–ins, I didn’t even bother to report it,” Breed said. “We don’t want you to put yourself in harm’s way. But if you’re paying attention and you see any information, and you’re able to share that information with us — that’s important.”&nbsp;&nbsp;</p>

An increase in reports of theft — a crime that is believed to be widely underreported — would enable SFPD to build a more cohesive data set when pursuing organized criminal fencing organizations. In September, Scott said that SFPD plans to <a href="https://sfstandard.com/s-f-launches-new-initiative-to-battle-retail-crime/">upgrade its online reporting system, Coplogic,</a> potentially triggering an increase in theft reports.&nbsp;

<p>An increase in reports of theft — a crime that is believed to be widely underreported — would enable SFPD to build a more cohesive data set when pursuing organized criminal fencing organizations. In September, Scott said that SFPD plans to <a href="https://sfstandard.com/s-f-launches-new-initiative-to-battle-retail-crime/">upgrade its online reporting system, Coplogic,</a> potentially triggering an increase in theft reports.&nbsp;</p>

“We weren’t as accurate as we felt we should be in our reporting and data collection,” Scott said on Tuesday. “Today’s announcement adds a promising new tool to the coordinated efforts of public and private sector partners to fight auto burglaries in San Francisco.”&nbsp;

<p>“We weren’t as accurate as we felt we should be in our reporting and data collection,” Scott said on Tuesday. “Today’s announcement adds a promising new tool to the coordinated efforts of public and private sector partners to fight auto burglaries in San Francisco.”&nbsp;</p>

Less than 3% of reported larceny theft cases in 2021 have resulted in an arrest, according to Data SF.&nbsp; Breed reiterated a message that perpetrators must be held accountable, at times addressing thieves directly.&nbsp;

<p>Less than 3% of reported larceny theft cases in 2021 have resulted in an arrest, according to Data SF.&nbsp; Breed reiterated a message that perpetrators must be held accountable, at times addressing thieves directly.&nbsp;</p>

Mayor Breed at the press conference on October 19, 2021. | Photo by Camille Cohen


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2021/10/breakins-05.jpg" alt="" class="wp-image-12205"/><figcaption class="wp-element-caption">Mayor Breed at the press conference on October 19, 2021.</figcaption></figure>


“San Francisco has afforded so many people an extraordinary opportunity to make a decent and honest living,” Breed said, noting open positions at SFMTA and at businesses across the city. “You don’t have to do this…But once you&#8217;ve crossed that line, we have a responsibility to the public to make sure that people feel safe.”

<p>“San Francisco has afforded so many people an extraordinary opportunity to make a decent and honest living,” Breed said, noting open positions at SFMTA and at businesses across the city. “You don’t have to do this…But once you've crossed that line, we have a responsibility to the public to make sure that people feel safe.”</p>

<p>“San Francisco has afforded so many people an extraordinary opportunity to make a decent and honest living,” Breed said, noting open positions at SFMTA and at businesses across the city. “You don’t have to do this…But once you&#8217;ve crossed that line, we have a responsibility to the public to make sure that people feel safe.”</p>

The initiative comes three months after the <a href="https://sfstandard.com/san-francisco-to-deploy-additional-police-officers-tourist-areas/">deployment of 26 additional patrol officers</a> in tourist-centric districts, including Chinatown, Fisherman’s Wharf and Union Square. Scott touted the increased patrols as the reason for a 37% decrease in auto break–ins since July 4.&nbsp;

<p>The initiative comes three months after the <a href="https://sfstandard.com/san-francisco-to-deploy-additional-police-officers-tourist-areas/">deployment of 26 additional patrol officers</a> in tourist-centric districts, including Chinatown, Fisherman’s Wharf and Union Square. Scott touted the increased patrols as the reason for a 37% decrease in auto break–ins since July 4.&nbsp;</p>

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“Just last week we had Fleet Week, we had the Giants playoff games and we had events at the Chase Center,” Scott said. “People came here and enjoyed themselves, and that’s what we want. That’s why we’re doing this work.”&nbsp;

<p>“Just last week we had Fleet Week, we had the Giants playoff games and we had events at the Chase Center,” Scott said. “People came here and enjoyed themselves, and that’s what we want. That’s why we’re doing this work.”&nbsp;</p>

Sharky Laguana, president of the Small Business Commission, suggested at the press conference that most cases of car break–ins are a result of organized fencing operations, pointing to an Oct. 2020 bust that uncovered over $8 million worth of stolen goods across multiple warehouses. Operators of that fencing operation were allegedly reselling the goods on eBay, Amazon and other marketplaces. &nbsp;

<p>Sharky Laguana, president of the Small Business Commission, suggested at the press conference that most cases of car break–ins are a result of organized fencing operations, pointing to an Oct. 2020 bust that uncovered over $8 million worth of stolen goods across multiple warehouses. Operators of that fencing operation were allegedly reselling the goods on eBay, Amazon and other marketplaces. &nbsp;</p>

“I first met the mayor when we were working together on auto burglary issues. I&#8217;ll never forget what she said to me: ‘Sharky, we&#8217;re going to throw everything and the kitchen sink at this,’” Laguana said. “Well, here comes the kitchen sink.”&nbsp;

<p>“I first met the mayor when we were working together on auto burglary issues. I'll never forget what she said to me: ‘Sharky, we're going to throw everything and the kitchen sink at this,’” Laguana said. “Well, here comes the kitchen sink.”&nbsp;</p>

<p>“I first met the mayor when we were working together on auto burglary issues. I&#8217;ll never forget what she said to me: ‘Sharky, we&#8217;re going to throw everything and the kitchen sink at this,’” Laguana said. “Well, here comes the kitchen sink.”&nbsp;</p>

In addition to incentivizing victims to report instances of theft, Scott presented the initiative as part of a comprehensive effort to educate motorists and visitors on the dangers of leaving valuables in their cars.&nbsp;

<p>In addition to incentivizing victims to report instances of theft, Scott presented the initiative as part of a comprehensive effort to educate motorists and visitors on the dangers of leaving valuables in their cars.&nbsp;</p>

“Don’t leave valuables in your car, particularly visible, because these are the folks that are being victimized the most,” Scott said. “When people are resilient and vigilant about not making themselves easy targets, we’ve seen these crimes go down because there’s nothing to steal.”

<p>“Don’t leave valuables in your car, particularly visible, because these are the folks that are being victimized the most,” Scott said. “When people are resilient and vigilant about not making themselves easy targets, we’ve seen these crimes go down because there’s nothing to steal.”</p>

San Francisco offers $100,000 cash rewards to bust criminal fencing rackets

Jonah Owen Lamb

Prosecutors cast him as an armed anti-vaxxer who threatened to kill a California lawmaker over a bill that would allow teens to get Covid vaccinations without parental permission. The defense painted him as a father of three who made a mistake that he deeply regrets.&nbsp;

<p>Prosecutors cast him as an armed anti-vaxxer who threatened to kill a California lawmaker over a bill that would allow teens to get Covid vaccinations without parental permission. The defense painted him as a father of three who made a mistake that he deeply regrets.&nbsp;</p>

Those were the two characterizations presented in court Wednesday of Erik Triana, a 51-year-old San Ramon resident who allegedly issued a death threat against state Sen. Scott Wiener in January while hoarding a cache of illegal weapons that authorities say he planned to use.

<p>Those were the two characterizations presented in court Wednesday of Erik Triana, a 51-year-old San Ramon resident who allegedly issued a death threat against state Sen. Scott Wiener in January while hoarding a cache of illegal weapons that authorities say he planned to use.</p>

Triana—whose trial opened Wednesday morning in Martinez—is charged with eight felony counts, including threatening a state official and possessing assault weapons.&nbsp;

<p>Triana—whose trial opened Wednesday morning in Martinez—is charged with eight felony counts, including threatening a state official and possessing assault weapons.&nbsp;</p>

The trial comes at a time of heightened fear over violence aimed at politicians after the Jan. 6 occupation of the U.S. Capitol and ongoing backlash against public officials over Covid-19 vaccinations and pandemic regulations.&nbsp;

<p>The trial comes at a time of heightened fear over violence aimed at politicians after the Jan. 6 occupation of the U.S. Capitol and ongoing backlash against public officials over Covid-19 vaccinations and pandemic regulations.&nbsp;</p>

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https://twitter.com/Scott_Wiener/status/1564998864125317120
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<blockquote class="twitter-tweet" data-width="500" data-dnt="true"><p lang="en" dir="ltr">We’re close but a couple votes short on our teen vaccine bill (SB 866) on the Assembly floor. We’re thus moving the bill to inactive.<br><br>The anti-vaxxer harassment campaign worked this time, at the expense of teen health. We lost this round but aren’t going anywhere.<br><br>My statement: <a href="https://t.co/lITSEujXPJ">pic.twitter.com/lITSEujXPJ</a></p>&mdash; Senator Scott Wiener (@Scott_Wiener) <a href="https://twitter.com/Scott_Wiener/status/1564998864125317120?ref_src=twsrc%5Etfw">August 31, 2022</a></blockquote><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

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San Francisco offers $100,000 cash rewards to bust criminal fencing rackets

Armed anti-vaxxer who allegedly threatened Sen. Scott Wiener says he never planned to hurt anyone