May 2014 Vol. 14, Issue 5
Oakland City Attorney Barbara Parker 
News from the Oakland City Attorney's Office
In This Issue:
CA Senate Passes Cell Phone Kill Switch Bill
Illegal Dumping Enforcement Update
City Attorney in the Community
Major Cases & Legal Matters
About:
  

  
Resources:

2. Request public records


  
Join Our Mailing List
      

In our monthly newsletter, we provide important information about the work of the Oakland City Attorney's Office -- plus updates on legal issues and matters that impact Oakland residents and businesses. 

 

This month: Senate passes cell phone kill switch bill; update on illegal dumping enforcement; and as always, City Attorney in the Community.

 

I want to take this opportunity to urge everyone to vote on June 3rd and ask you to encourage, remind and campaign to get everyone you know to cast their vote.  As we have seen in recent history, our precious right to vote, one of the bedrocks of our democracy, is being stripped away by many states and the U.S. Supreme Court. Our voices will make a difference.

 

I look forward to your comments, thoughts and questions about how we are conducting the City's business.

 

Very truly yours,

 

Barbara J. Parker

Oakland City Attorney

CA Senate Passes Cell Phone "Kill Switch" Bill 

 

Good news for public safety in Oakland: on May 8 the State Senate passed a bill that would require that all smartphones sold in California be equipped with an anti-theft "kill switch."

 

According to the San Francisco Chronicle, 84% of armed robberies in Oakland this year involved a cell phone. A firearm was used in many of those robberies. Nationwide, three million people were victims of smartphone robberies last year. 

 

A kill switch allows owners to make their phones inoperable if they are stolen; this will take away the financial incentive for the lion's share of street robberies in Oakland.

 

After the bill failed on the first vote on April 24th, I wrote an op-ed with City Councilmember Rebecca Kaplan arguing that wireless phone companies and manufacturers have a moral duty to prevent their customers from becoming victims of this type of theft.

 

The Senate passage of the bill the day after the Oakland Tribune published the op-ed moved Oakland and other California cities one step closer to addressing this violent crime trend.

 

Shamefully, the companies that make and manufacture smartphones did a great disservice to all Californians by opposing this bill. An industry lobbyist told the San Francisco Chronicle that the companies opposed the bill on the grounds that it would "stifle innovation."  This explanation is hogwash.  A more likely motive is the huge profits these companies make when victims of theft have to buy new phones.

 

Unfortunately, the bill excludes tablets and other electronics, and won't take effect until July 2015.  However, the bill sends a clear message that major companies like Apple and Microsoft cannot look the other way when their products put vast numbers of Americans in danger. 

 

 
Illegal Dumping Enforcement Update

In late 2013, the City Attorney initiated a crackdown on illegal dumping with the Public Works Agency and the City Administrator's Office.

 

An increasing number of people, many using camera phones, are taking photos and videos of illegal dumping incidents and reporting violators. With the help of photos sent in by members of the public, we are building cases against illegal dumpers and issuing major fines.

 

Results so far:
  • Total number of citations: 66
  • Total number of warning letters: 53
  • Total amount collected in fines: $14,401

To report incidents of illegal dumping, go to the Public Works Agency's on line service request page , or go to 

  

Photos of the license plate numbers of vehicles used for illegal dumping are ideal. If a photo is not available, write down the license plate number, and please avoid confrontation when documenting illegal dumping incidents. 

 

City Attorney in the Community 

 

Charles Houston Bar Association (CHBA) Judicial Reception 

 

On May 15th I attended the Charles Houston Bar Association's Annual Judicial Reception.  The room was overflowing with judges from the Superior Court, California Court of Appeal, and the federal district court as well as many distinguished lawyers and law students.  It was amazing to see the number of African American and women judges on the bench. 

 CC

The reception's mistress of ceremonies was CHBA President Cometria Cooper, and the keynote address was delivered by the Honorable Winifred Smith, Alameda County Presiding Judge.  Ernest Evans, known professionally as the legendary rock and roll pioneer Chubby Checker, made a surprise visit to the reception (see photo).  He spoke emotionally, stating that as a young boy growing up under the heel of segregation, he never imagined that so many African Americans could become judges and lawyers.  Mr. Evans was in town with his attorney, famed personal injury attorney Willie Gary, to address his pending federal lawsuit.

 

 

March to End Poverty

 

On May 17th, the Alameda County-Oakland Community Action Partnership sponsored the 9th Annual March to End Poverty commemorating the 50th anniversary of President Lyndon Baines Johnson's 1964 declaration of the War on Poverty. I joined a very robust assembly to march around Lake Merritt.

 

In 1964 the national poverty rate was around 19%. In the decade following the passage of the Economic Opportunity Act poverty dropped to 11.1% in 1973. The national poverty rate has remained between 11% and 15.2% ever since.  Based on the 2010 census, nearly 1 in 4 children in the richest country in the world live in poverty and California has the highest poverty rate of any state in the country -- 23.5% as of November 2012.

 

At the march, U.S. Representative Barbara Lee detailed shocking statistics that underscore the gaping divide between the poor and the middle class and her programs to end this shameful reality. 

 

Photo: Oakland City Councilmember Lynette Gibson McElhaney, City Attorney Barbara Parker and Audree Jones-Taylor, director of the City's Parks & Recreation Department. 

 

Updates on Legal Cases & Matters

  

1. City of Oakland v. Watlington, Superior Court Case No. RG12625566 

 

In 2012, the City Attorney's Neighborhood Law Corps sued two people for spray painting graffiti on public property during a wave of vandalism following an "Occupy Oakland" demonstration. Police arrested Chloe Watlington and Paul Woods after officers witnessed them spray painting on public property near the Scotlan Convention Center.

 

This month, Ms. Watlington agreed to a settlement that includes a $1,200 payment to the City and 100 hours of community service. The case against Mr. Woods is ongoing.

 

The settlement evidences Ms. Watlington's acknowledgement of responsibility for her actions.  The money will more than repay taxpayers for the expense of cleaning up the graffiti.  More importantly, the 100 hours of community service sends a clear message to anyone who is considering using a political protest as cover to destroy or deface property in Oakland.  My Office champions the First Amendment right to assemble and protest, but wanton vandalism and destruction of public property is always unacceptable. The message rings loud and clear that the City and I will hold vandals accountable for their actions whenever possible.