Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Fire Prevention Week: Two minutes may be all you have to escape a home fire — the nation’s most frequent disaster

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Dos minutos puede ser todo lo que tiene para escapar un incendio doméstico, el desastre más frecuente del país

During Fire Prevention Week, practice your escape plan and test your smoke alarms; residents in need can contact the Red Cross to request a free smoke alarm installation

This National Fire Prevention Week, October 9-15, the American Red Cross Northern California Coastal Region urges everyone to practice their two-minute home fire escape plan and test their smoke alarms to stay safe from the nation’s most frequent disaster.

Two minutes is the amount of time that fire experts say you may have to safely escape a home fire before it’s too late. These crises account for most of the 60,000-plus disasters that the Red Cross responds to each year across the U.S. — locally in the Northern California Coastal Region, home fire responses are 18% higher during cold months than warmer times of year.

“As the threat of home fires increases with colder temperatures, Fire Prevention Week serves as an important reminder to prepare now,” said Ana Romero, Regional Preparedness Manager. “Practice your two-minute home fire escape drill and test your smoke alarms monthly to help keep your family safe.”

HOW TO PRACTICE YOUR TWO-MINUTE DRILL

Practice your plan with everyone in your household; also teach children what a smoke alarm sounds like and what to do in an emergency. Visit redcross.org/fire for more information, including a printable escape plan and safety tips for cooking and home heating — the leading causes of home fires, according to the National Fire Protection Association, which is sponsoring Fire Prevention Week with the theme, “Fire Won’t Wait. Plan Your Escape.”

  • Include at least two ways to exit every room in your home in your escape plan.
  • Select a meeting spot at a safe distance away from your home, such as your neighbor’s home or landmark like a specific tree in your front yard, where everyone knows to meet.
  • Place smoke alarms on each level of your home, including inside and outside bedrooms and sleeping areas. Test alarms monthly and change the batteries at least once a year, if your model requires it.
  • Check the manufacturer’s date of your smoke alarms. If they’re 10 years or older, they likely need to be replaced because components such batteries can become less reliable. Follow your alarm’s manufacturer instructions.
  • Tailor your escape plan to everyone’s needs in your household. If you or a loved one is deaf or hard of hearing, install strobe light and bed-shaker alarms to help alert you to a fire.

IF YOU NEED HELP

If you cannot afford to purchase smoke alarms or are physically unable to install one, the Red Cross may be able to help. Visit us at SoundTheAlarm.org/NorCalCoastal to request an appointment.

Red Cross volunteers and partners perform smoke alarm installations and home fire safety visits wherever possible to ensure our communities are safe.

Here is the full circle story of Burnie Gipson, who lives in Martinez, California. His previous home in San Francisco suffered a fire and the Red Cross Disaster Action Team volunteers responded to provide help and care to him and other displaced residents. After moving to Martinez, Burnie reached back out to the Red Cross to set up a free smoke alarm installation in his new home.

HOME FIRE CAMPAIGN SAVE LIVES

Since October 2014, the Red Cross Home Fire Campaign with community partners has saved at least 1,393 lives — including 24 here in the Northern California Coastal Region— by educating families about fire safety, helping them create escape plans and installing free smoke alarms in high-risk areas across the country. Locally, Red Cross volunteers and partners have installed 42,309 alarms and helped make 15,807 households safer. To learn more about the campaign and how you can get involved, visit redcross.org/homefires.

About the American Red Cross:

The American Red Cross shelters, feeds and provides comfort to victims of disasters; supplies about 40% of the nation’s blood; teaches skills that save lives; distributes international humanitarian aid; and supports veterans, military members and their families. The Red Cross is a nonprofit organization that depends on volunteers and the generosity of the American public to deliver its mission. For more information, please visit redcross.org or CruzRojaAmericana.org, or visit us on Twitter at @RedCross.

Durante la Semana de la Prevención de Incendios, practique su plan de escape y pruebe sus detectores de humo; los residentes que lo necesiten pueden ponerse en contacto con la Cruz Roja para solicitar una instalación gratuita de alarma de humo

Esta Semana de la Prevención de Incendios (del 9 al 15 de octubre), la Cruz Roja Americana Región de la Costa Norte de California insta a todos a practicar su plan de dos minutos de evacuación de incendios en el hogar y probar sus alarmas de humo para mantenerse a salvo del desastre más frecuente del país.

Dos minutos es la cantidad de tiempo que los expertos en incendios dicen que puede tener para escapar de forma segura de un incendio doméstico antes de que sea demasiado tarde. Estas crisis representan la mayoría de los más de 60,000 desastres a los que la Cruz Roja responde cada año en todo Estados Unidos. Localmente, las respuestas a los incendios domésticos son un 18% más altas durante los meses de frío que las épocas más cálidas del año.

“A medida que la amenaza de incendios domésticos aumenta con las temperaturas más frías, la Semana de la Prevención de Incendios sirve como un recordatorio importante para prepararse ahora”, dijo Ana Romero, Gerente Regional de Preparación. “Practique su simulacro de escape en caso de incendio en el hogar de dos minutos y pruebe sus alarmas de humo mensualmente para ayudar a mantener a su familia segura”.

CÓMO PRACTICAR SU SIMULACRO DE DOS MINUTOS

Practique su plan con todos en su hogar; también enseñe a los niños cómo suena una alarma de humo y qué hacer en una emergencia. Visite CruzRojaAmericana.org/incendios para obtener más información, incluyendo un plan de escape imprimible y consejos de seguridad para cocinar y calentar el hogar, las principales causas de los incendios domésticos, según la Asociación Nacional de Protección contra Incendios, que patrocina la Semana de la Prevención de Incendios con el tema, “El fuego no espera. Planifica tu escape”.

  • Incluya al menos dos formas de salir de cada habitación de su casa en su plan de escape.
  • Seleccione un lugar de reunión a una distancia segura de su casa, como la casa de su vecino o un punto de referencia, como un árbol específico en su patio delantero, donde todos sepan reunirse.
  • Coloque detectores de humo en cada nivel de su casa, incluidos los dormitorios y las zonas de descanso interiores y exteriores. Pruebe las alarmas mensualmente y cambie las baterías al menos una vez al año, si su modelo lo requiere.
  • Compruebe la fecha del fabricante de sus detectores de humo. Si tienen 10 años o más, es probable que deban reemplazarse porque componentes como las baterías pueden ser menos confiables. Siga las instrucciones del fabricante de la alarma.
  • Adapte su plan de escape a las necesidades de todos en su hogar. Si usted o un ser querido es sordo o tiene problemas de audición, instale alarmas de luz estroboscópica y para agitar la cama para ayudar a alertarle de un incendio.

SI NECESITA AYUDA

Si no puede darse el lujo de comprar detectores de humo o no puede instalar uno físicamente, la Cruz Roja puede ayudar. Visite nuestro sitio web ActivaTuAlarma.org para solicitar un turno. Los voluntarios de la Cruz Roja junto con socios locales realizan visitas para instalación de alarmas de humo gratuitas y prevención de incendios en el hogar cada vez que resulta posible.

Esta es la historia de circulo completo de Burnie Gipson, residente de Martinez, California. Su anterior hogar en San Francisco sufrió un incendio y los voluntarios del Equipo de Acción en Desastres de la Cruz Roja asistieron

para ayudar y proveer cuidados a el y a otros residentes desplazados por el fuego. Luego de mudarse a martines, Burnie contacto a la Cruz Roja para instalar una alarma de incendios en su nuevo hogar.

LA CAMPAÑA DE PREVENCIÓN DE INCENDIOS EN EL HOGAR SALVA VIDAS

Desde octubre de 2014, la Campaña de La Cruz Roja contra incendios en el hogar con socios comunitarios ha salvado al menos 1.393 vidas -incluyendo 24 en la Región de la Costa Norte de California- al educar a las familias sobre la seguridad contra incendios, ayudarles a crear planes de escape e instalar alarmas de humo gratuitas en zonas de alto riesgo en todo el país. Localmente, los voluntarios y socios de la Cruz Roja han instalado 42.309 alarmas y han ayudado a hacer 15.807 hogares más seguros. Para saber más sobre la campaña y cómo puede participar, visite CruzRojaAmericana.org/IncendiosDomesticos.

Sobre la Cruz Roja Americana:

La Cruz Roja Americana alberga, alimenta y ofrece Alivio a víctimas de desastres; suministra aproximadamente el 40% de la sangre que necesita el país; enseña habilidades que salvan vidas; distribuye asistencia humanitaria internacional; y brinda apoyo a veteranos, miembros de las fuerzas armadas y sus familias. La Cruz Roja Americana es una organización sin fines de lucro que depende de los voluntarios y de la generosidad del pueblo estadounidense para entregar su misión. Para más información, visite redcross.org o CruzRojaAmericana.org, o visítenos en Twitter en @RedCross.

Brothers found guilty in brutal 2020 Antioch sexual assault, robbery case

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Kenry Young (left) and Lamar Young. Photos by APD.

Face life sentences

ANTIOCH, CA – On Monday, September 26, 2022, a jury of Kenry Lee Young and Lamar Young’s peers returned with a guilty verdict after a five-week trial. The brothers were convicted of California Penal Code Section 289 (sexual penetration by a foreign object), PC 287 (oral copulation), and two counts of PC 211 (robbery) for the numerous crimes they committed on October 17, 2020. (See related article)

While we regret these crimes took place, we would like to commend the bravery of the victims for coming forward and assisting with the prosecution of these two men. Because of their efforts, the Young brothers will never be able to victimize anyone else.

Additionally, we would like to thank Deputy District Attorney Jessica Murad and everyone else involved for their hard work during this lengthy trial.

The Antioch Police Department would like to thank the members of the community who assisted us with this investigation, in addition to the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, FBI – Federal Bureau of Investigation, and Stockton Police Department.

Lastly, we would like to recognize the tireless efforts of Antioch PD Detective Kelly Inabnett, who was the lead investigator on this case. His extensive work and dedication to bringing justice to the victims led to the identification, arrest, and successful prosecution of this case.

According to the Contra Costa District Attorney’s Office, Lamar and Kenry Young, the two brothers who callously committed a sexual assault and robbed two foreign national students in Antioch are facing life sentences.

35-year-old Lamar Lee Young of Stockton and 33-year-old Kenry Lee Young of Antioch attacked a couple on October 16, 2020, before midnight in the Palms Parking Lot near G Street in Antioch. The victims traveled to Antioch from the South Bay to go fishing at a pier on the Delta. When the victims returned to their vehicle, Lamar and Kenry approached them on foot with handguns drawn while the couple were seated in their car. The Youngs then proceeded to use their firearms as blunt force weapons on both individuals, carried out sexual acts on the female victim, and robbed them of their valuables — including an ATM card.

Members of the Antioch Police Investigations Bureau took the lead in reviewing a large amount of video evidence – including areas near the scene of the crime and a bank’s security camera footage where Kenry Young attempted to use the stolen ATM cards to withdraw cash. Investigators also used a DNA sample from Kenry Young to compare it to forensic evidence from the scene of the crime – which resulted in a positive match.

On October 22, 2020, members of the Antioch Police Special Operations and Problem Oriented Policing Units arrested Kenry Young at his residence in Antioch, which was only a few blocks from the crime scene. Lamar Young, identified as the second suspect, was arrested in Stockton on October 29, 2020.

After the Youngs were booked into the Martinez Detention Facility, the Contra Costa County District Attorney’s Office filed a six-count felony complaint on November 2nd against Kenry and Lamar Young.

On September 26th, 2022, a jury found both men guilty of forcible oral copulation and sexual penetration by a foreign object with enhancements for use of a dangerous or deadly weapon, as well as second-degree robbery and assault.  Each faces a minimum of 30 years to life. A sentencing date has been set for December 16th, 2022, in Martinez in front of Judge Rebecca Hardie.

Deputy District Attorney Jessica Murad – who prosecuted the case for The People — said she’s thankful to the victims for coming forward and “having the courage to testify against these men for these truly horrific crimes. By doing so they have ensured no one else will ever be victimized by these brothers again.”

Antioch Police Detective Kelly Inabnett said in a statement: “I am sorry I met the victims during one of the most traumatic moments of their lives, but I am grateful and inspired by the strength they showed when testifying against their perpetrators. I am grateful the jury decided to hold the Young brothers accountable for their actions.”

The Contra Costa District Attorney’s Office and the Antioch Police Department would like to thank the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, Federal Bureau of Investigation, the Stockton Police Department, the CCCDAO’s Sexual Assault Unit, Legal Assistants, Victim Support, and the members of the community who helped in the investigation and prosecution of this case.

Original Antioch Police News Release

ANTIOCH, CA. On Saturday, October 17, 2020, at about 1:00 am, Antioch Police patrol officers were notified of a brutal sexual assault that occurred in the Palms Parking Lot (near the Foot of G Street). Officers learned two victims were fishing at the San Joaquin River and returned to their vehicle at about 11:50 pm the previous evening. They were approached by two male suspects who were armed with handguns. The suspects robbed and pistol whipped both victims. After doing so, both suspects forced the female victim to perform sexual acts on them. The suspects left the scene in a vehicle – and minutes later – attempted to use a credit card stolen in the incident at an ATM.

Members of the Antioch Police Investigations Bureau took over the investigation and performed an extensive collection of video evidence. This included areas near the scene of the crime and the ATM that was used. From this video collection, investigators developed a suspect, 31-year-old KENRY LEE YOUNG of Antioch. A reference sample of his DNA was compared to forensic evidence from the scene of the crime, resulting in a positive match. On October 22, 2020, members of the Antioch Police Special Operations and Problem Oriented Policing Units arrested Kenry Lee Young at his residence, which was only a few blocks from the crime scene.

Detectives conducted additional investigation and learned the second suspect was Kenry Young’s brother, 33-year-old LAMAR YOUNG of Stockton. On October 29, 2020, members of the Special Operations and Problem Oriented Policing Units placed Lamar Young under arrest in Stockton.

On Monday, November 2, 2020, the Contra Costa County District Attorney’s Office charged both Kenry and Lamar Young with multiple felonies, including oral copulation by force, sodomy by force, sexual penetration by force, aggravated assault with a firearm, and two counts of

robbery. Both remain in-custody at the Martinez Detention Facility awaiting trial and their bail was set at $3,450,000.

The Antioch Police Department would like to thank the members of the community who assisted us with this investigation, in addition to the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, FBI – Federal Bureau of Investigation, and Stockton Police Department.

Additional inquiries or information can be directed to Antioch Police Detective Inabnett at (925) 779-6932 or by emailing kinabnett@antiochca.gov. Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.

Contra Costa Supervisors open 1964 time capsule, create new one to be opened in 2072

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The members of the Contra Costa County Board of Supervisors hold Items for the new time capsule to be opened in 50 years. Photo: Contra Costa County

Copy of Antioch Herald, other local newspapers included in new time capsule placed in vault at new county Administration Building

By Contra Costa County Office of Communications & Media

The front cover of the Antioch Herald Feb. 2022 issue included in the new time capsule.

Martinez, CA – On October 4, 2022, the Contra Costa County Board of Supervisors opened a 58-year-old time capsule that was buried on September 26, 1964, under the prior Administration Building at 651 Pine Street in Martinez.

“We were excited to see what items were preserved in the old time capsule and to accept materials from all five Board Members as well as County departments for the new Administration Building time capsule,” said Board Chair Supervisor Karen Mitchoff. “The new time capsule will be placed in a vault at 1025 Escobar Street and opened in 2072.”

The 1964 capsule contained a diverse collection of artifacts. Some of the unearthed items included the County’s 1964 annual report, predictions from the City of Martinez, emergency numbers for fire, police, and the County, a picture of the building maintenance staff, a County office telephone directory, directions on how to operate a push-button telephone, a photo of the first Contra Costa Courthouse built in 1855 and demolished in 1903, a copy of the special edition dedication of the Administration Building published in the Morning News-Gazette on September 25, 1964, and a letter from the 1960s County Administrator Joseph P. McBrien. The items will be placed on a history wall in the new Administration Building at 1025 Escobar Street.

At the October 4, 2022, Board of Supervisors meeting, the County Board of Supervisors and departments also included items for the new time capsule to be opened in 50 years.

District 3 Supervisor Diane Burgis said, “This is a moment where you get to talk to people in the future, and it made me philosophical and introspective. The capsule that we are opening today was set up a year before I was born, and so much turbulence was going on in the world at that time, and as much as things have changed, they haven’t.”

She included a letter addressing the current situation in District 3, the County, and the world, background on District 3 and far east County, and the priorities and issues in 2022. Supervisor Burgis added, “I closed the letter with a message to my future loved ones and encouraged people to continue to give and serve to make the world a better place. We must be optimistic and look forward to the progress that has gone on in the world.”

She also included a bio, a photo with her staff, and information from Antioch, Bethel Island, Brentwood, Byron, Discovery Bay, Knightsen, and Oakley. Recent editions of local newspapers including the February 2022 copy of the Antioch Herald which featured the City of Antioch’s yearlong Sesquicentennial Celebration of its 150th anniversary of cityhood, plus brochures of the Future of the Diablo Valley Conference, and the Delta Counties Coalition memorabilia were also included.

Board Vice Chair and District 5 Supervisor Federal Glover said, “This is an opportunity to reflect where the County has been in the last several decades. So, I included some history in terms of myself, in that I am the first African American to be a part of the Board of Supervisors.”

Some items that he included were pins from the cities, brochures, and information on the widening of Highway 4, BART coming into the county system, eBART, community colleges, refineries, the Zero Tolerance initiative against Domestic Violence, electrifying of housing through the Sustainability Committee, the Office of Racial Equity and Social Justice, and the Youth Summits.

District 4 Supervisor Mitchoff included a letter highlighting the significant impacts of the pandemic and commenting: “My hope and wish are that 50 years from now, we will have returned to a time when people are respectful, more courteous, and more understanding of different points of view.” Her letter also identified major issues affecting Contra Costa County including the Delta, transportation, housing, and public service.

Mitchoff included letters from each city in her district and photos of their council members. All cities provided pins, Clayton provided a pen, and Pleasant Hill provided a stamp from this year’s library opening.

District 1 Supervisor John Gioia’s letter to the future indicated, “We faced enormous challenges. We persevered. We had faith in our young people and future leaders to protect and fight for our future. We know you will have the wisdom and the will to continue the fight for our planet and our communities.”

He included a CD about the Contra Costa Historical Society, a COVID home test kit, an N-95 mask, a San Francisco Bay Trail Map with a note hoping the trail would be fully built, a T-Shirt from the 5th annual Richmond Indigenous Peoples Walk to show respect for our native inhabitants, a T-Shirt from a recent Coastal Clean-Up Day, a “Racism is a Public Health Crisis” lapel pin, and a lapel pin of the original El Cerrito High School which Gioia attended.

District 2 Supervisor Candace Andersen’s items included letters from Danville, Lafayette, Moraga, Orinda and San Ramon. She also wrote a letter describing her role as County Supervisor, as well as the priorities and issues confronting District 2. Supervisor Andersen included a Blackhawk Bulletin, photos of the Alamo Municipal Advisory Council, and a PowerPoint presentation about District 2.

“I also included our holiday card, which is a picture of my staff because they are an integral part of what we do in serving the community,” she added.

To see all the items the Board of Supervisors placed in the new time capsule and opened from the 58-year-old time capsule, visit  www.contracosta.ca.gov/8735/Contra-Costa-County-Time-Capsule. The new time capsule is scheduled to be buried at 1025 Escobar Street and opened in 2072. Watch the video of the presentation and ceremony. For more information, you can visit www.contracosta.ca.gov.

Op-Ed: Help America’s universities keep transforming the world

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Bayh-Dole Act results. Source: Speedsprint.com

Bayh-Dole Act for intellectual property licensing designed to stimulate economic growth under attack

By Lita Nelsen

Lita Nelson. Source: LinkedIn

When I was a student at the Massachusetts Institute of Technology decades ago, Cambridge’s Kendall Square was a grubby, run-down warehouse district. Today, it’s known as the most innovative square mile on the planet.

The secret? The Bayh-Dole Act, or Trademark Law Amendments Act, a landmark piece of legislation passed in 1980 that allowed universities to keep the patents to any inventions they made. That meant that they could license these inventions to private companies, who would turn the new scientific knowledge into innovative products.

That one forward-looking law attracted hundreds of biotechnology companies to MIT’s backyard, helping to breathe new life into Kendall Square and revitalize Massachusetts’s economy. Cambridge, Mass., of course, wasn’t the only university community to thrive because of Bayh-Dole. Cities and towns surrounding hundreds of universities have prospered as a result.

Nevertheless, Bayh-Dole has recently come under attack by lawmakers who want to use the law as a mechanism to cut drug prices. Their goal of lowering drug prices for patients is admirable — but twisting the Bayh-Dole Act to use it as a price control tool would have disastrous consequences for America’s research universities, as well as U.S. consumers and patients, who will suffer as a result of any reduced investment in life sciences.

In a recent letter in support of this idea, lawmakers urged administrators at the Department of Health and Human Services to use Bayh-Dole to “march-in” and take away drug companies’ licenses to certain patents that stemmed from taxpayer-funded research. HHS could then relicense those drug patents to generic pharmaceutical companies that could create cheaper versions of the medicines.

That’s certain to make biotech investors and companies less willing to invest in university research. Why would any firm — small companies and startups especially — assume the risk of developing a new drug when the government could seize its patent rights if federal officials don’t like the price of the final product?

Lawmakers would do well to remember that Bayh-Dole fundamentally changed the research and development landscape in the United States for the better.

I should know. As the head of MIT’s Technology Licensing Office for almost three decades, I helped license thousands of technologies to the innovative companies that sprung up around campus.

Before Bayh-Dole, the government retained patent rights to any academic discoveries supported by public money and licensed just 5% of the nearly 30,000 patents it held. Consequently, while this pre-Bayh-Dole system worked to advance basic research, it failed to turn scientific advancement into usable, commercial products.

Bayh-Dole shifted that paradigm, providing a mechanism to translate academic research results into new technologies ranging from high-definition television and the page-rank algorithm that would become Google to FluMist® and CAR T-cell therapy. Companies exploiting Bayh-Dole inventions have contributed up to $1.9 trillion to the U.S. gross industrial output and up to $1 trillion to our GDP. They have supported nearly 6.5 million jobs and led to the creation of over 15,000 startups.

The bipartisan Bayh-Dole Act, as its authors clearly stated, was never meant to be a price-control mechanism. The law outlines four clearly defined instances where its march-in provisions can be exercised. Controlling prices is not one of them.

What today’s lawmakers don’t seem to grasp is that the unintended consequences of meddling with Bayh-Dole will outweigh any wished-for benefits.

Lita Nelsen retired from the Technology Licensing Office at the Massachusetts Institute of Technology after 30 years in the office. She was director of MIT TLO from 1992 to 2016. This op-ed originally ran in the Boston Herald.

NAACP to host candidate forums for Pittsburg, Antioch council races tonight, Thursday, school board races Oct. 19, 20

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The East County Branch would like to invite you to its Candidate Forums in October. The Pittsburg City Council Candidate Forum will be held, tonight, Wednesday, Oct. 5 from 6-8 p.m. in the East County Branch office at 186 E. Leland Road, Pittsburg. The Antioch City Council Districts 1 and 4 Candidate Forum will be held Thursday, Oct. 6 from 6-8 p.m. in the Antioch Council Chambers at 200 H Street.

Please join us either in person or virtually where you will have the opportunity to meet the candidates and hear their positions on vital issues affecting our community. The format includes the opportunity for the candidates to ask each other questions and offer rebuttals to their answers.

Additional forums are scheduled for Pittsburg and Antioch school board candidates on Oct. 19 and 20, respectively.

For more information contact info@eastcountynaacp.org or (925) 439-5099 or visit us at www.eastcountynaacp.org

OPINION: Congressional Data Privacy Bill would unjustly enrich trial lawyers 

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By Timothy Lee

Several Members of Congress recently introduced legislation that aims to protect consumer data from misuse and abuse.

Unfortunately, the “American Data Privacy and Protection Act” (H.R.1852) contains significant defects unrelated to much-needed privacy protections for consumers or businesses.

Instead of simply safeguarding the personal information of ordinary Americans and simplifying legal obligations for companies, the bill would uncork a torrent of counterproductive lawsuits that would damage job creators and enrich trial lawyers.

There’s no question America needs a federal data privacy law. Due to the lack of a uniform federal standard, data privacy is governed by a patchwork of state laws and regulations. Consequently, American firms may needlessly spend up to $1 trillion over the next decade trying to navigate that legal maze and comply with the varying statutes — with $200 billion of that burden falling on small businesses.

A single, streamlined federal law would help reassure consumers that their data remains secure, regardless of where they live or where a company is located.

The legislation under consideration, however, contains two massive flaws that would unleash endless class-action litigation over minor or technical violations, allowing lawyers to reap millions while class members receive just a few dollars or, in many cases, nothing at all.

First, the proposed legislation includes a ban on class-action waivers in arbitration agreements, which could prohibit companies and consumers from having their disputes resolved on an individual basis. Arbitration offers a more efficient alternative to court litigation, relying on independent third parties to mediate conflicts. Essentially, the parties in dispute take their issues to a neutral party, present their respective arguments, and agree to abide by whatever the arbitrator decides.

Although trial lawyers are understandably loath to admit it, arbitration is generally better for consumers than traditional court litigation. It is typically cheaper, quicker, and less complicated than formal lawsuits. Consumers prevail 41% of the time in arbitration, versus 29% in court. Additionally, awards in cases decided by arbitration actually exceed courtroom awards — $80,000 versus $71,000, respectively. Arbitration cases are also resolved 27% more quickly on average, and there’s often no need to involve — and thus pay — a lawyer.

However, those benefits present big problems from trial lawyers’ perspective. They prefer huge, class-action lawsuits that, according to a 2015 study by the Consumer Financial Protection Bureau, net consumers an average of $32 while lawyers earn close to $1 million.

The bill’s second massive flaw would create a “private right of action,” which allows individuals to sue to enforce the law no matter how trivial the violation. When numerous individuals can file the same complaint, plaintiffs’ lawyers try to lump them all together in one big lawsuit against a business — even if most of the people in the class are unaware they’re part of a lawsuit. It’s perfectly clear how that benefits lawyers. But it’s uncertain how it would advance consumer privacy and data protection.

Data security and privacy remain serious, complex issues, and Congress should absolutely pursue a uniform national policy. People who steal our data, and businesses that fail to adequately protect it, must be held accountable.

As currently drafted, however, the American Data Privacy and Protection Act contains unacceptable provisions that would enable rich trial lawyers to get even richer while delivering scant benefits to ordinary Americans whose interests they claim to represent.

Timothy H. Lee is senior vice president of legal and public affairs at the Center for Individual Freedom. This piece was originally published by Inside Sources.

DeSaulnier announces House passage of Mental Health Matters Act

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A comprehensive package to address concerns of students, families, educators

Rep. Mark DeSaulnier

Washington, D.C. – Yesterday, Thursday, Sept. 29, 2022, Congressman Mark DeSaulnier (D, CA-11), Chairman of the House Education and Labor Committee’s Subcommittee on Health, Employment, Labor, and Pensions, and Education and Labor Committee Chairman Robert C. “Bobby” Scott (VA-03) announced House passage of the Mental Health Matters Act (H.R. 7780), legislation they authored to help confront the mental health crisis by increasing access to support, services, and resources for children, students, workers, and families. The bill passed the U.S. House of Representatives by a vote of 220-to-205 with all Democrats and one Republican voting in favor.

“From children and young adults experiencing an uptick in mental health challenges to educator burnout, our country is experiencing a mental health and substance abuse crisis. As someone who lost their father by suicide, I am proud to have led this comprehensive approach to strengthen mental health resources for students, educators, and workers with Chairman Scott,” said DeSaulnier. “I urge the Senate to pass this legislation so we can combat the mental health crisis in this county and ensure everyone has the resources they need to live happy, healthy, and fulfilling lives.”

“The COVID-19 pandemic exacerbated the mental health crisis among students, workers, and families. As a result, educators have been forced to play an outsized role in supporting and responding to students’ mental health needs, leading to increased depression and trauma among educators. Moreover, nearly half of the U.S. workforce now suffers from mental health issues since the COVID-19 pandemic began. In response to the national mental health crisis, I am proud to stand in strong support of the Mental Health Matters Act led by Congressman Mark DeSaulnier. The Mental Health Matters Act delivers the resources that students, workers, and families need to improve their well-being,” said Chairman Scott.

The Mental Health Matters Act takes comprehensive steps to address our nation’s mental health and substance abuse crises by strengthening school-based behavioral health care, bolstering mental health parity protections, and ensuring access to mental health and substance use disorder benefits for workers and families.

Specifically, this bill would:

  • Increase the number of mental health professionals serving in high-need schools and help to build a pipeline of school-based mental health services providers;
  • Help state educational agencies recruit and retain school-based mental health services providers at high-need public schools;
  • Require institutions of higher education to increase transparency around the accommodations process and allow incoming students with existing documentation of a disability to access disability accommodations;
  • Increase students’ access to evidence-based trauma support and mental health services through innovation by linking schools and districts with local trauma-informed support and mental health systems;
  • Require the Department of Health and Human Services to identify evidence-based interventions to improve the health of children and staff in Head Start programs, and help Head Start agencies implement these interventions;
  • Strengthen the capacity of the Department of Labor to ensure that private, employer-sponsored group health plans provide mental health and substance use disorder benefits under the Mental Health Parity and Addiction Equity Act (MHPAEA) and the Employee Retirement Income Security Act (ERISA); and
  • Strengthen the ability of people with private, employer-sponsored health and retirement plans to hold plan sponsors accountable when they are improperly denied mental health and substance use disorder benefits.

DeSaulnier represents most of Contra Costa County in the U.S. House of Representatives.

Bay Area transportation agency adopts landmark policy to promote housing, commercial development near transit stations

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TOD projects adjacent to a BART station. Source: MTC. Credit: Karl Nielsen

The Metropolitan Transportation Commission (MTC), yesterday, Wednesday, Sept. 28, 2022, adopted a new Transit-Oriented Communities (TOC) Policy designed to boost the overall housing supply and increase residential densities in transit-rich areas throughout the Bay Area; spur more commercial development near transit hubs served by multiple agencies; promote bus transit, walking, biking and shared mobility in transit-rich areas; and foster partnerships to create transit-oriented communities where people of all income levels, racial and ethnic backgrounds, ages and ability levels can live, work and thrive. The newly adopted policy applies specifically to transit priority areas within a half-mile of BART, Caltrain, SMART, Capitol Corridor and ACE stations; Muni and VTA light-rail stations; Muni and AC Transit bus rapid transit stops; and ferry terminals.

Studies show people are more likely to ride transit if they live within half a mile of a rail station, ferry terminal or bus line. And jobs that are within a quarter-mile of transit often are more attractive to the Bay Area’s workforce.

The TOC Policy is the update to MTC’s 2005 Transit-Oriented Development (TOD) Policy. That set minimums for the average number of housing units (both existing and/or permitted housing units) within a half-mile of each new rail station funded through Regional Measure 2. However, according to MTC spokesperson Rebecca Long the new policy applies to any all existing and future transit priority areas.

“The Transit-Oriented Communities Policy is truly groundbreaking,” explained MTC Chair and Napa County Supervisor Alfredo Pedroza. “Using transportation funds as an incentive, the policy encourages cities and counties to upzone transit-rich areas so transit, walking and biking can be viable travel choices for more people, and so we can generate maximum value from the billions of taxpayer dollars that have been invested in our transit network over the years as well as new transit lines that will be built in the years to come. The policy specifically encourages the development of affordable housing and protects current residents from being displaced by new development.”

The TOC Policy links all four of the themes — transportation, housing, the economy and the environment — of Plan Bay Area 2050, the long-range transportation plan and sustainable communities strategy adopted by MTC and the Association of Bay Area Governments in 2021. Minimum residential density requirements range from 25 units per acre for locations within a half-mile of ferry terminals; SMART, ACE and Capitol Corridor stations; and Caltrains stations south of San Jose’s Tamien station up to 100 units per acre within a half-mile of BART stations in downtown San Francisco and Oakland, and within a half-mile of San Jose’s Diridon Station. The policy also eliminates minimum parking requirements in many transit-rich areas, allows for shared parking between residential and commercial uses, and mandates at least one secure bike parking space for each new dwelling unit.

MTC is the regional transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.

Allen D. Payton contributed to this report.

 

Former Antioch High football QB and female partner in custody for Brentwood armed robberies

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Delvon Hasain Hasan & Dioni Tamira Patton. Photos by Brentwood PD.

Identified, arrested with assistance from Concord PD, Antioch PD

By Brentwood Police Department

On Tuesday, Sept. 20 at approximately 3:25 PM, Brentwood Police officers responded to the Bank of America located at 6261 Lone Tree Way for a robbery that just occurred. The victim reported that after exiting the bank, she was approached by one suspect who attempted to grab her purse. A struggle ensued with the suspect while a second suspect was waiting close by in a getaway vehicle. The victim’s wallet and purse, containing an undisclosed amount cash was stolen during the struggle. Both suspects fled the scene in the getaway vehicle, described as a black four-door sedan was seen traveling eastbound on Lone Tree Way.

The victim sustained minor injuries and it was determined a second minor victim was on scene but did not sustain any injuries.

Our investigators quickly performed follow-up and with the help of Concord PD and Antioch PD, identified and arrested 18-year-old Dioni Tamira Patton and 20-year-old Delvon Hasain Hasan both from Antioch. Our investigators also recovered two firearms, other related evidence and two vehicles associated with the robbery. Additionally, it was determined through surveillance footage, these suspects were responsible for a similar robbery that occurred at the same location on Sept.16, 2022, at approximately 2:25 p.m.

Guns confiscated by Brentwood police and Delvon Hasan perp walk.

According to MaxPreps Hasan is a 2021 graduate of Antioch High School where he played baseball and football. According to hudl.com he wore jersey #5 and played quarterback and tight end in 2019.

Through collaboration and partnership, we were able to safely take both suspects into custody. A special thank you to Concord PD and Antioch PD for their assistance.

Please remain vigilant at all times and aware of your surroundings. If you see something suspicious immediately report it to the police.

If you have any information related to this crime, please contact Detective Sares at 925-809-7733. Callers may remain anonymous.

Allen D. Payton contributed to this report.