Category: Elections 2018

Opinion: We Have a Moral Imperative to Fight for Children Who Have Been Taken From Their Parents

By Cat Brooks

At the U.S.-Mexico Border, thousands of children have been stolen from parents fleeing horrific conditions in their home countries – conditions that have been greatly influenced by US policy and practice.

They risk life and limb and endure horrific conditions in the hope of capturing a sliver of the American “dream”. What greets them instead is an American nightmare.

Cat Brooks

Though mounting public outrage forced Donald Trump to sign an Executive Order to end family separations, thousands of young people remain warehoused in cages with up to 20 children in one cell, too young to comprehend what is happening, where their parents are, or what is coming next.

What’s more, ending family separations just means holding families in prisons together.  That is not an acceptable answer either. Incarceration is not Immigration reform.

Losing a parent as a child is devastating. I know. When I was eight years old, my father’s struggle with substance abuse landed him in prison.

I knew something significant in my life was shifting, but I wasn’t really clear about what it meant until my aunt said to my granny, “we need to figure out when we’re going visit Leonard … but not you Cat … he doesn’t want you to see him in there.” My body went numb, tears welled and devastation took over. I had no say. No power. He was just gone.

Of course, there were phone calls and letters, but my daddy’s arms could not be felt through the telephone. To this day, when I replay that moment with my aunt, tears come and my throat constricts. It’s difficult to breathe.

At least I had my mother’s comfort and the safety of sleeping in my own bed.

The children is US detention facilities, however, sleep on mats in cages filled with other youths who have been torn from their families. Some of these children, particularly those who speak languages indigenous to areas south of our border, are unable to communicate with those caged beside them.

And it is policy that the detained children cannot be consoled when they cry. Phone calls are being planned to connect children to parents, but officials don’t know  which facilities to call.

What is happening in this country is inhumane. Unacceptable. Disgusting.

As a descendant of slaves, deep within my DNA lies the emotional memory of our children being ripped from our breasts and sold on auction blocks. The trauma lives on and manifests itself in generation after generation of Black families.

This country is creating an entirely new generation of traumatized human beings who will be scarred for the rest of their lives.

We have a moral imperative to not sit idly by as this President enacts programs that resemble chattel slavery. We do not have the luxury to think that this does not impact our communities. We are obligated to scream loudly about human rights violations and to create a groundswell of resistance.

The word “Resist” trended across social media when Trump was elected. Now is the time to put words into action. Trump and political pundits say this is the law. Unjust laws are made to be broken, ignored, violated and rebuked.  This is the history of resistance in America.

What can you do? Donate to an organization doing the work. Head to the border and stand in solidarity. Talk to every neighbor on your block. Use social media platforms to amplify your voice. Get busy. Stand for the people. Do it right now. Lives are on the line. Justice is on the line. Humanity is on the line.

See you in the streets.

Cat Brooks is a candidate for mayor of Oakland.

Published June 30, 2018, courtesy of the Oakland Post

Community Action Needed Against Illegal Dumping and Litter

Illegal dumping in Oakland

By Desley Brooks

Litter has become a major problem in Oakland. Throughout the city you see the devastating effects of illegally abandoned construction waste and garbage. It blights our streets and parks, impacts our health and safety, and is a disgrace to everyone who calls Oakland home.

Despite my advocacy and the work of many volunteers, our city services still don’t have the capacity to meet this challenge. Between 2011 and 2016, calls to report illegal dumping increased 129 percent. The old, complaint-driven model is inadequate. We are reaching crisis levels, and something needs to be done.

Last week we finished the budget process.  One victory was the City Council voted to increase funding to fight illegal dumping, including:

  • $85,000 for a pilot program that will employ unsheltered individuals to help clean our streets;
  • $1 million dedicated to sanitation, health, and hygiene services;
  • $452,415 for three litter enforcement officers.

In total, approximately $1.4 million will be spent to fight illegal dumping. While this is a good start, it’s not enough.

In my district, I spearheaded an innovative pilot program to address illegal dumping. Instead of following the typical complaint-driven process, we organized a rapid response team that proactively removed litter from wherever they found it in their designated zone.

This program made a visible difference while it was active, and now that it has ended we can see the problem getting worse again. This pilot program was effective and cost-efficient, collecting more waste per man-hour than regular garbage trucks.

I asked the administration what it would take to ramp up this program and make it citywide – they estimated it would cost $3 million. After seeing how effective this program was in my district, I know what a huge impact this program could have on our city.

I was gratified that the Council voted to fund a partial expansion of the program – but one three-person crew just isn’t enough. I’m in this for the long term and want to deliver long term solutions.

This problem affects everyone in Oakland, and it’s going to take broad support to make change. Oaklanders deserve clean streets. Oaklanders deserve to take pride in their neighborhoods.

Oaklanders deserve a city that responds to their needs. I will continue to advocate for a proactive, geographic program to address the crisis because I believe that it’s the best option we have to tackle the problem.

I will keep leading monthly cleanups in my district and encourage everyone to take part in a community cleanup in your neighborhood. Together we can keep Oakland the beautiful place that we know it deserves to be.

There are many ways you can help:

Organize or join a community cleanup; “Adopt a Spot” or set up a free bulky drop off event;

Report illegal dumping by calling 311.

If you are concerned about this problem and want to get involved, please email me at desleyb@gmail.com or you can call my office at (510) 238-7006.

Desley Brooks is the District 6 representative on the Oakland City Council.

Published June 29. 2018, courtesy of the Oakland Post

Mayor Schaaf May Have Violated the State Campaign Law

Peggy Moore (left) and Mayor Libby Schaaf

 

By Post Staff

Same election tactic resulted in $2,500 fine last week for her former staffer, Peggy Moore

Mayor Libby Schaaf may have recently committed the same state campaign law violation that resulted in a fine for her former staff member when she ran for a seat on the Oakland City Council.

Peggy Moore, who ran unsuccessfully against Councilmember-at-Large Rebecca Kaplan in 2016, was fined $2,500 last week by the Fair Political Practice Commission (FPPC), the state’s political watchdog agency, for failing to properly identify who sent two mass mailings to voters before the Nov. 8, 2016 election, according to a report published by the East Bay Times.

Moore’s two campaign emails were sent to about 200 potential voters in August 2016  inviting them “to participate in a short, confidential survey about local issues in Oakland.” However, the emails did not list who paid for the survey, in violation of a section of the Political Reform Act.

Mayor Schaaf’s campaign, utilizing the same firm and campaign consultant hired by Moore, this month conducted a similar poll to voters, without identifying who paid for it.
This campaign tactic is called a “push poll,” which according to Wikipedia “is an interactive marketing technique, most commonly employed during political campaigning, in which an individual or organization attempts to manipulate or alter prospective voters’ views/beliefs under the guise of conducting an opinion poll.”

The poll was conducted by EMC Research on behalf of both Moore’s and Schaaf’s political campaigns. According to last week’s FPPC report, “The seriousness of the violations is heightened by the number of mass mailings, which evidences a pattern of non-disclosure,” according to the FPPC ruling, quoted by the East Bay Times. “However, respondents do not have a prior history of other violations of the act.”

Councilmember Kaplan, who had filed the complaint against Moore’s campaign, said the survey sent out by Mayor Schaaf’s re-election campaign did not indicate who paid for it.  Both campaigns used the same campaign consultant, Ace Smith of SCN Strategies.

“They committed the same crime again,” Kaplan said. “The FPPC is saying this behavior is absolutely illegal, and it’s the exact same behavior they just did again.” By the Oakland Post’s deadline neither Moore, Mayor Schaaf nor their campaign consultants had responded to a request for comments.

Published June 29, 2018 courtesy of the Oakland Post

Open Letter: Support the Right of African Americans to Work on City-funded Construction Projects

 

To Council Members, Mayor, City Staff, and Members of the Public:

Three principles should prevail in upcoming discussions of public land: 1) Democracy and transparency; 2) Racial justice and 3) Housing the current residents of Oakland.

What Should Not Happen:

  • The City should not sell any more public land before discussion and adoption of a policy.
  • The city’s land should not be used for housing affluent non-residents.  It should house current residents of Oakland who are mostly low- or middle-income, or it should be used to serve the needs of those communities.
  • The City should not adopt a Project Labor Agreement (PLA) in a resolution on Public Lands Policy.

Many Oakland residents have never heard of a PLA.   Even the title of the item on the City Council committee agenda which proposes a PLA does not mention that it is being discussed “Subject: Receive A Report on the Public Lands Policy Process and Analysis
from Councilmembers Guillén And Kaplan”

Residents of the city have a right to a detailed, open, well-publicized discussion of proposals about how the expanding amounts of work that their taxes are paying for are being awarded.

African-Americans obtain only nine percent of the work on city-funded construction projects (City of Oakland statistics). African-Americans are 25 percent of the city’s population and the largest percentage of the unemployed and unhoused both nationally and locally.   A project labor agreement could contribute to maintaining that status quo.

What the City Council Should do Instead:

  1.  Immediately enact the ordinance establishing a 180-day moratorium on the sale of public land or until the Council adopts a comprehensive “Public Lands” Policy.  A properly vetted public lands policy will take time.  Harmful sales of public land cannot be allowed in the meantime.
  2. Separate the discussion of jobs policies and lands policy and organize a transparent, understandable, democratic discussion of each.   The Department of Race and Equity should be asked for an equity assessment of proposals

Among items that could be part of a thorough jobs policy discussion:

  • Discuss the differences between a PLA and a public city-adopted jobs policy;
  • Remove discriminatory barriers that result in only 9 percent African-American employment in construction;
  • Prioritize employment of disadvantaged workers;
  • Protect the union rights of employees;
  • Fund job-training and apprenticeship programs that are  geographically accessible to Oakland residents;
  • Living wage requirements;
  • Employ at least 50 percent local Oakland residents;
  • Ban the box to assist the employment of formerly incarcerated;
  • Require a twice-yearly report to Council including trade-by-trade demographic statistics;
  • Increase funding for contract compliance to reflect the expanded work being required by new construction;
  • Incentivize contracting with women and “minority” owned business and other provisions.

Respectfully submitted,

  • OaklandWORKS Alliance (Founding organizations include the West Oakland Environmental Indicators Project (WOEIP), Black Women Organized for Political Action (BWOPA); Oakland Parents Together (OPT); John George Democratic Club; Oakland Branch NAACP; Oakland Native Give Back).
  • Brian Beveridge, Co-Director, West Oakland Environmental Indicators Project
  • Gay Plair Cobb, Member, BWOPA State Board; Executive Board member, NAACP
    Henry Hitz, Oakland Parents Together
  • Robyn Hodges, OaklandWORKS
  • Pastor Anthony Jenkins, Taylor Memorial United Methodist Church
  • Kimberly Mayfield Lynch, Dean of the School of Education, Holy Names University
  • Kitty Kelly Epstein, Professor; Community Assembly of the Post Salon, Host of Education Today on KPFA
  • James Vann, Co-Founder, Oakland Tenants Union and member of the Community Assembly of the Post Salon

(Partial list. Titles for identification only)

Published June 24, 2018, courtesy of the Oakland Post

Cat Brooks Looks to Community Power to Fuel Her Campaign for Mayor

 

Oakland mayoral candidate Cat Brooks addresses the crowd at the Lake Merritt amphitheater on Saturday, June 16, welcoming the community to a “people’s assembly” on housing. Photo by Sarah Carpenter.

By Sarah Carpenter

Mayoral candidate Cat Brooks is not following the standard campaign path that the public has come to expect locally and nationally – where those who are running for office adopt positions based on opinion pools and “expert” advice of hired campaign staff.

True to her history of grassroots organizing in Oakland, she is building her platform by relying on “people’s assemblies” to help produce solutions to the pressing problems facing Oaklanders.

She hosted a people’s assembly on “Housing the Unhoused & Tenant Protections,” one of the city’s hottest issues, Saturday morning, June 16, at the Lake Merritt amphitheater.
“This isn’t the Cat Brooks campaign, this is the people’s campaign,” said Brooks.

Local activists and residents spoke about the goals they are working toward and what they want Oakland’s next mayor to accomplish to meet the needs of the unhoused.

Multiple speakers supported the Affordable Housing Act, which will appear on the ballot in November. The act repeals the controversial 1995 Costa-Hawkins Rental Housing Act that places statewide restrictions on rent control for buildings built or heavily remodeled after 1995 (with some exemptions).

 

Steven DiCaprio, CEO and founder of Land Action, spoke about a need for the decriminalization of homelessness and the end of collective punishment (when one person in an encampment commits a crime, and the entire encampment is evicted as a result).

DiCaprio suggested that the City ask its police to stop enforcing trespassing laws (specifically penal code 602) on properties that have been left vacant for years.

Another speaker, Jamie, suggested an anti-speculation tax for those who don’t live in Oakland, but profit from its real estate and the displacement of Oaklanders.

“Our government has been working for the people who own the property, and I would like to see our city council and our mayor work for the residents—the people who live here, the people who inhabit space, the people who are part of the community,” she said.

These ideas and more were written down on a jumbo notepad by a campaign volunteer.
Other ideas included a cap on the rental services fee, more taxpayer money spent on housing the unhoused, workforce housing, and emergency housing for seniors, people with disabilities, and people with children.

Those who missed the assembly may still contribute to the conversation on housing or any other past assemblies by visiting www.catbrooksforoakland.com. Live streams of past assemblies are also available.

Published June 22, 2018, courtesy of the Oakland Post

Councilmember Rebecca Kaplan Endorses Cat Brooks

Rebecca Kaplan (left) and Cat Brooks. Photo by Ken Epstein

 

By Ken Epstein

City Councilmember-at-Large Rebecca Kaplan, one of Oakland’s most popular progressive political leaders, ended months of speculation about whether she would jump into the mayoral race when she announced last Thursday that she is committing her energy to elect community activist, actor and radio journalist Cat Brooks as mayor of Oakland.

“With a lot of thought and prayer and contemplation” of the social justice issues facing Oakland, “I have come to the conclusion that the best way to strengthen our community’s voice (for our) vital goals is by endorsing and supporting Cat Brooks for mayor,” said Kaplan, speaking at an event held at the Joyce Gordon Gallery in downtown Oakland.

“We will continue to build and move forward together,” she said. “We have an opportunity to strengthen our solidarity, to strengthen our city and to make sure we have a city hall that is responsive to the community.”

Kaplan focused on some of the major social and moral challenges the city is facing that she says are being ignored by Mayor Libby Schaaf.

“We deserve leadership that believes in respect and that believes in justice and understands that we are judged by how we treat the least of these,” she said.

“Every additional person who is homeless should be a heartbreak to all of us and a call to action and a demand to do something about it,” said Kaplan.

She also spoke about what she considers Mayor Schaaf’s failure to punish police who participated in and covered up the Oakland Police Department’s sex abuse scandal.

“The level of police misconduct that has been tolerated is totally unacceptable,” she said, accusing the mayor of intervening to hide OPD officers’ “brutal sexual misconduct,” promoting those who covered it up and punishing those who spoke against it.

A rabbi, Kaplan said a prayer for Brooks’ campaign:

“I pray that you may be protected and strengthened in this incredible journey and that I may be blessed to have the opportunity to work together with you…May your voice be strong, may you be heard.”

Thanking Kaplan and assembled supporters, Brooks invited everyone to “support a vision of justice, a vision of transformation, a vision of mobilizing our people to the polls to take back our city.”

Rather than having to fight City Hall every day, “What if we spent all of our time building the kind of Oakland we want to live in?” she asked.

She said the city should be working to build housing so teachers and low-paid nonprofit employees can afford to live in Oakland.

“It can be done, and if the current administration had the will to do it, it would be done,” said Brooks.

Saying that this is not “a Cat Brooks campaign,” she emphasized that she would hold “people’s assemblies” or town hall meetings during the next two months for input of community people who are struggling to improve conditions and are knowledgeable about the issues.

“There’s amazing work that’s being done on a range of issues, and those will be the voices that determine the direction of this city,” said Brooks. “There are so many brilliant, beautiful ideas that are being ignored by City Hall.”

For more information, go to www.catbrooksforoakland.com/ and www.kaplanforoakland.com/

Published June 15, 2018, courtesy of the Oakland Post

Parent Clarissa Doutherd Kicks Off Campaign for School Board, District 4


Clarissa Doutherd

By Ken Epstein

Parent leader Clarissa Doutherd kicked off her campaign Sunday for District 4 representative on the Oakland Board of Education, speaking to a large gathering at a BBQ in an East Oakland park.

“I am running for my child,” said Doutherd.

“The thing that has been most critical in his development and my development as a parent and a leader in my community is being in a school environment where I feel like teachers are heard, parents are heard, and students are supported and loved in their full dignity and humanity as learners,” she said, emphasizing the values that motivate her vision for public education.

She is challenging District 4 incumbent Nina Senn, an attorney who has served on the school board since 2015.

Doutherd is executive director of Parent Voices Oakland, an East Bay chapter of Parent Voices California. She has worked for over a decade for grassroots, nonprofit organizations. Recently, she was a leader in the effort to pass Alameda County Measure A, a proposed sales tax for childcare and early education.

She is entering the race at a time when the school board is under intense criticism for continuing financial hardships and budget cuts facing the Oakland Unified School District (OUSD) brought on by the district’s former pro-charter school superintendent.

“In this moment, we know there’s a clear need for fiscal transparency,” she said. “I have been through many, many budget fights (as a leader of a) parent-run, parent-led organization, advocating for accountability about where our dollars are spent and really building a movement where we’re all working together.”

School district policy decisions must be based on the needs of schools and the voices of parents, teachers and students, she said, “ensuring that school sites and teachers have the tools they need to support every single child and every single family.”

Doutherd currently serves as co-chair of the Alameda County Early Childhood Policy Committee and as a steering committee member of the Alameda County Early Care and Education Planning Council. She also sits on the Alameda County-Oakland Community Partnership Board for the City of Oakland.

She is the recipient of the prestigious Gloria Steinem “Woman of Vision” award, First 5 of Alameda County Parent Advocate Award and the Oakland District 4 Local Heroes Award.
Looking at the impact of charter schools on the school district, Doutherd said she understands why some people  choose charters. But charters are not the answer because they will not produce equal education for all, she said.

“Charters are a reality. They are here. But as a movement, I want us to ask ourselves not about the individual choices of parents and the things they have to do because our Black and Brown students are struggling in environments that may be hostile to them.”

But what we need to do is look at is how resources are distributed, she said. “Every single child deserves to have the same quality education, no matter where your zip code is, no matter what school you sign up to.”

“People have had to build alternative systems and alternative pathways for themselves,” she continued.  “It’s time to interrupt that. Our schools can get it done.

“As a community, as a movement of parents, teachers, students and youth activists, we have an opportunity to make sure our schools, are performing well, no matter where you live.”

Doutherd said her experiences as a leader have taught her the struggle can be difficult and that it is necessary to speak truth in places where people sometimes want to silence you.

“I’ve been fighting for many years in what (has) felt like an uphill battle,” she said. “But as someone who is willing to fight and not compromise my integrity and my values, I sleep well at night.

“Our elected officials should be able to say the same.”

Doutherd said she talks to families every day “because those are the voices that matter. That is who should be centered in policies.

“That is who our elected officials need to be accountable to. Period.”

For more information, go to www.clarissaforoaklandschools.com

Published June 15, 2018, courtesy of the Oakland Post

Moratorium on Public Land Sales Goes to CED Committee

Representatives of the Post Salon community – Kitty Kelly Epstein (Left), James Vann and Cathy Leonard – speak to a council committee about putting a moratorium on sale of publicly owned land on the City Council’s agenda. Photo by Ken Epstein.

By Post staff

The City Council’s Community and Economic Development (CED) Committee will hear a community-initiated proposal for a Moratorium on Public Land Sales at the committee’s next meeting.

The item was originally scheduled for Tuesday, June but postponed due to the Warriors victory parade. The issue may be discussed at the next CED committee meeting, which will be held June 26.

The moratorium originally was proposed at a Post Salon community assembly discussion on April 29 concerning the lack of a city policy to protect public land and utilize it for truly affordable housing.

“The city allegedly has a policy of preserving publicly-owned land as an irreplaceable resource and giving preference to ‘leasing’ city land, rather than to sell for private profit,” said housing activist James Vann, a spokesman for the Post Salon.
“Despite adopting a policy favoring leasing, the city has continued to sell valuable public property to private developers and corporations for expensive housing, luxury condominiums, corporate offices, and market-oriented development,” said Vann.

Over the last two years, the city has received numerous complaints from the community that “public land should be used for public good,” and lobbying from non-profit housing organizations that public land should be used for affordable housing to aid the city’s critical affordable housing crisis.

A joint committee of city staff and community representatives met for almost two years to develop a new policy on the disposal of city-owned land. Early this year, the badly divided joint committee disbanded, according to Vann.

In the meantime, city staff continues to recommend parcel sales, approved by the City Council with little deliberation.

With the assistance of Councilperson Rebecca Kaplan and her staff, the Salon’s resolution to enact a “180-Day Moratorium of the Sale of Public Land Until the Council Adopts a Public Land Policy” was written as a resolution and placed on the June 12 CED Committee agenda.

Published June 11, 2018, courtesy of the Oakland Post

 

Commentary: State Legislators Join Landlords to Defeat Bonta’s Protections Against “No-Cause” Evictions

On Thursday, May 31, a proposal to enact statewide eviction protections by Assemblymember Bob Bonta (D-Oakland) was defeated in the California Legislature.

Legislators beholden to the big monied interests of real estate and landlord lobbies double-crossed tenants throughout the state by defeating AB 2925, a bill that would require landlords to have a “good reason” to evict a tenant from their housing.

Rob Bonta

If passed, the bill would have prohibited landlords from terminating a tenancy except for reasons such as “nonpayment of rent,” or “breach of contract.”

Currently, in many cities throughout California, landlords may evict for any reason at all, or no reason at all (except retaliation).

Just Cause eviction protection laws help stabilize communities by slowing down the existing “eviction-for-profit system,” which is a cause of the merciless and tragic ever-growing homeless population of families that losing their housing.

Assemblymembers in support of Just Cause:  Bloom, Bonta, Chau, Chiu, Chu, Friedman, Gipson, Gonzalez Fletcher, Holden, Jones-Sawyer, Kalra, Mullin, Mark Stone, Thurmond, Ting, Rendon.

Assemblymenbers who opposed just cause:  Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chávez, Chen, Choi, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Gloria, Cristina Garcia, Eduardo Garcia, Gray, Grayson, Harper, Irwin, Kamlager-Dove, Kiley, Lackey, Levine, Limon, Low, Maienschein, Muratsuchi, Mathis, Mayes, McCarty, Medina, Melendez, Nazarian, Obernolte, O’Donnell, Patterson, Quirk, Quirk-Silva, , Reyes, Rodriguez, Rubio, Salas, Santiago, Salas, Steinorth, Voepel, Waldron, Weber, Wood.

A slogan that gathering steam is to hold legislators accountable at the polls for failing to back tenant rights: “We’ll remember in November.”

Landlords celebrated their victory against renter protections in an email.

While this is a great victory for rental property owners throughout the state, the fight is not over,” according to the statement released by the East Bay Rental Housing Association.

Every year, legislators find new and creative ways to attack the rental housing industry. The attacks are more extreme in nature and are coming at a pace unseen in recent years. Tenant causes may also be gaining momentum across the state as California continues to struggle to provide affordable housing.”

This article was adapted by James Vann from a column written by Lynda Carson.

Published June 11, 2018, courtesy of the Oakland Post

City Leaders Determined to Fight Against Coal Terminal

One of the many protests against the coal terminal held at the offices of developer Phil Tagami.

By Sarah Carpenter

City leaders are pledging to continue to fight for “No Coal in Oakland” after a federal judge’s recent decision overturned the City of Oakland’s ban on shipping or handling coal in the city.

U.S. District Judge Vince Chhabria on May 15 ruled in developer Phil Tagami’s favor in his lawsuit against the City for breaching its contract by instituting the ban.

“This is a fight for environmental justice and equity. Oakland’s most vulnerable communities have unfairly suffered the burden of pollutants and foul air for too long. We will continue to fight this battle on all fronts,” said Mayor Libby Schaaf.

Many City Council members, who voted unanimously to ban coal in 2016, are saying they will continue their efforts to keep coal out of Oakland.

Tagami’s project, the Oakland Bulk & Oversized Terminal (OBOT), intends to ship coal, petroleum coke, and other commodities overseas through a new terminal at the site of the currently unused Oakland Army Base.

Oaklanders pushed back, concerned about potential health risks and poor air quality that could be caused by coal dust in West Oakland—already the area most affected by pollution in the city.

The City responded the next year with a ban on the shipping and handling of coal in Oakland. Judge Chhabria’s ruling determined that the City did not have enough evidence of health risks to warrant the ban, which breached the original contract. In his 37-page decision, Chhabria stated:

“Given the record before it, the City Council was not even equipped to meaningfully guess how well these controls would mitigate emissions.”

Councilmember Dan Kalb, who co-authored the coal ban with Schaaf, said he was appalled by Chhabria’s decision.

“There is no doubt that the scientific evidence shows there are substantial safety risks and health impacts of handling and moving nine million tons of dirty coal each and every year into and out of Oakland,” he said.

No Coal in Oakland, the activist organization that sprouted in response to OBOT’s plan to ship coal, released a long-winded statement on May 16 concerning Chhabria’s ruling.

In the statement, the group acknowledged that the ruling was fact-based. It also criticized Chhabria for his lack of legislative leadership in combating climate change. During the trial, Chhabria said it was “ridiculous to suggest that this one operation resulting in the consumption of coal in other countries will, in the grand scheme of things, pose a substantial global warming-related danger to people in Oakland.”

The City could appeal the decision, but activists and news commentators raise concerns that this course of action would be costly and likely unsuccessful.

The ruling specifically found that the City had breached its contract with OBOT by instituting the unsubstantiated coal ban after the agreement was made.

The City can still issue a new ordinance, which would have to be backed up by legal standards of “substantial evidence,” that the ordinance would prevent “substantial health risks.”

Councilmember Kalb has expressed his determination to continue resisting coal at the terminal. “I will do everything in my power to stand against attacks on the health and safety of our East Bay communities. The City should do whatever it takes within the law to make sure this coal terminal never gets built. This is critical to protect our residents, our workers, and our planet,” he said.

Councilmembers Rebecca Kaplan and Abel Guillén have also voiced their support of the fight against coal in Oakland. Tagami has not responded to a request for comment.

Published May 26, 2018, courtesy of the Oakland Post