Contra Costa Herald

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

CA Attorney General Bonta reminds illegal immigrants of their legal rights, protections

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Source: Office of CA Attorney General Rob Bonta

Hosts first of a series of regional convenings with immigrant rights groups, elected officials, and others ahead of Inauguration Day 

LOS ANGELES – California Attorney General Rob Bonta on Tuesday, Dec. 17, 2024, issued two guidances to help California immigrants better understand their rights and protections under the law and avoid immigration scams by those seeking to take advantage of fear and uncertainty resulting from the President-elect’s inhumane threats of mass detention, arrests, and deportation. The guidances build on the Attorney General’s announcement earlier this month of updated model policies and recommendations to help public institutions like schools, hospitals, and courts comply with California law limiting state and local participation in immigration enforcement activities. Over the coming weeks, Attorney General Bonta will continue to help Californians prepare for changes to federal immigration policy in convenings with immigrant rights groups, elected officials, and others in Los Angeles, Sacramento, Salinas, San Francisco, and San Diego, where the Attorney General and California Department of Justice (CADOJ) staff will share resources, hear concerns, and discuss ongoing efforts to protect California’s immigrant communities.

“In California, we know that our immigrants are the backbone of our communities, a driving force behind our economy, and an essential part of our history as a state,” said Bonta. “With the President-elect making clear his intent to move forward an inhumane and destructive immigration agenda once he takes office, CADOJ is releasing new and updated guidance to help immigrants understand their rights under the law. In California, we will ensure that the rights of our immigrant communities are respected and protected. I will be convening a series of discussions in the weeks ahead – the first here today in Los Angeles – focused on this essential mission.”

Know Your Immigration Rights and Protections Under the Law

  • You have the right to apply for and secure housing without sharing your immigration status. California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government. Additionally, housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies.
  • You have the right to access emergency medical care. Federal laws and regulations ensure the rights of all people to access emergency medical care, including undocumented immigrants.
  • You have the right to an attorney. If you are arrested by police, you have the right to a government-appointed attorney. If you are detained by ICE and/or are facing immigration proceedings, you have the right to seek legal assistance through an attorney.
  • State and local law enforcement cannot ask for your immigration status. California law expressly prohibits law enforcement from inquiring about a person’s immigration status for immigration enforcement purposes.
  • State and local law enforcement cannot share your personal information. This includes sharing your home or work address for immigration purposes, unless that information is available to the public or unless that information involves previous criminal arrest, convictions or similar criminal history.
  • State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions. This means they cannot investigate, cannot interrogate, cannot arrest, and cannot detain you unless it is as part of joint federal task force where the primary purpose is not immigration enforcement.

The full “Know Your Immigration Rights” consumer alert is available in English, Spanish, Chinese, Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Protect Yourself from Immigration Scams

If you need help applying for immigration relief, be careful who you hire. Watch out for immigration scams that can cost you thousands of dollars and/or harm your immigration status! Here are some tips and resources to help:

  • Go to a legitimate legal aid organization for free legal help. Many nonprofit organizations provide free immigration help to low-income individuals, such as those found through the resources below. To find a legal aid organization near you, go to lawhelpca.org.
  • Keep your original documents in a safe place. Don’t give your original documents to anyone unless you see proof that the government requires the original document. If you give someone an original, they may lose it or refuse to return it unless you pay them.
  • Do not hire an immigration consultant or a notary. Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Immigration consultants – who may call themselves immigration experts, notarios, notaries public, or paralegals – cannot do so.
  • Do not give money or personal information to anyone who calls, texts, or emails you claiming that there is a problem with your immigration matter. No federal or state agency, including USCIS, will ever ask for your personal information or payment over the phone, by email, or text.

For more dos and don’ts, see the full “Immigration Services Fraud” consumer alert available in English, Spanish, Chinese (Simplified), Korean, Tagalog, and Vietnamese at oag.ca.gov/immigrant/resources.

Access Free and Low-Cost Legal Assistance 

Visit Law Help CA or Immigration Law Help to find immigration assistance near you.

File a Complaint 

If you believe your rights have been violated, report it to the California Department of Justice at oag.ca.gov/report.

If you believe you were subject to discrimination, harassment or retaliation, report it to the California Civil Rights Department at calcivilrights.ca.gov/complaintprocess/.

Letters: Attorney says Contra Costa Superior Court filing process too slow

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Dear Editor: 

It typically takes over a month for the Contra Costa Superior Court to process filings in limited civil cases. In fact, more like 6 weeks.

This compares badly with other superior courts throughout the state.

In San Diego Superior, for example, I’ve had papers processed within hours. In Marin County Superior Court, I’ve had papers processed within 1 or 2 days.

This is a real problem because justice delayed is justice denied.

This is a ridiculously long time when it only takes a few minutes to do the processing.

Yes, I understand that they have a lot of filings to process…but with a lot of filing don’t they also have a lot of taxpayer funding commensurate with the size of the population of the county?

So why is Contra Costa so much slower than other counties?

Sincerely,

Edward Teyssier, esq.

National City

Legal earthquake: Federal jury in SF awards millions to BART workers denied religious accommodations

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Fired for not taking COVID-19 vaccine, one employee from San Pablo

San Francisco, CA. –  A federal jury on Wednesday, Oct. 23, 2024, delivered a stunning blow to Bay Area officials who denied every religious accommodation requested by workers to its COVID-19 vaccine mandate.

The eight-person jury deliberated for two days before unanimously awarding six former employees of San Francisco Bay Area Rapid Transit District (BART) more than $1 million each, for a total of about $7.8 million. The employees have been represented by Pacific Justice Institute since 2022.

On Friday, Oct. 18, the jury first determined that BART failed to prove an undue hardship in denying any accommodations to the employees. Yesterday, the jury further concluded that all of the employees had met their burden of showing a genuine conflict between their faith and the vaccine requirement, which was implemented in late 2021. The jury then accepted the numbers calculated by the plaintiffs’ economic expert for lost wages and added $1 million to each of those figures.

Brad Dacus, president of PJI, commented, “These verdicts are seismic—a 7.8 San Francisco legal earthquake. This amazing outcome represents so much hard work by our team, perseverance by these clients, and fairness from our judicial system.”

Kevin Snider, PJI’s Chief Counsel who served as lead trial counsel, commented, “The rail employees chose to lose their livelihood rather than deny their faith. That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict.”

During the trial, jurors heard compelling testimony from dedicated employees. One of the plaintiffs had worked for more than 30 years for BART, with a stretch of 10 years perfect attendance, before being unceremoniously dismissed. Another had been out on workers comp for months, with no scheduled return date, when she was fired. BART had also argued that several of the employees’ conflicts with taking the vaccine were more secular than religious. The jury disagreed.

PJI’s trial attorneys in this case consisted of Kevin T. Snider, Matthew B. McReynolds, and Milton E. Matchak. PJI was joined at trial by co-counsel Jessica R. Barsotti. Nationwide, PJI continues to represent hundreds of dedicated employees who lost their jobs after they sought and were denied religious accommodations to the COVID-19 vaccines. This week’s verdicts are expected to impact many of those pending cases.

The BART employees’ case number is 3:22-cv-06119-WHA.

California Family Council Comments on Court Victory

In addition, the California Family Council wrote the following on their website (republished with permission):

Victory for Conscience: Fired BART Employees Secure Million-Dollar Settlement Over Vaccine Mandate

In a case that sends a powerful message on the importance of religious liberty, a San Francisco jury awarded more than $7 million to former Bay Area Rapid Transit (BART) employees who were terminated for refusing the COVID-19 vaccine on religious grounds. Represented by the Pacific Justice Institute (PJI), these employees sacrificed their careers rather than compromise their deeply held convictions—a stand that has now been vindicated in court, both legally and morally.

A Stand for Faith Over Career

This case, centered on BART’s refusal to accommodate employees’ sincere religious objections, highlighted the tensions between public health policies and individual rights to religious freedom. For these former BART workers, faith was not just a private belief but a guiding principle that defined how they lived and worked. In the face of mounting pressures, they made a difficult choice: to lose their jobs rather than violate their consciences. According to Kevin Snider, PJI’s Chief Counsel and lead trial attorney on the case, “The rail employees chose to lose their livelihood rather than deny their faith. That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict.”

This lawsuit is part of a broader trend in the courts, where cases involving COVID-19 mandates and religious objections are increasingly ruling in favor of those who held firm to their faith. The jury’s decision represents a milestone in affirming that religious accommodations cannot be set aside, even amid unprecedented health crises. As Reuters noted, similar cases across the country are starting to see victories for individuals who stood by their beliefs rather than comply with mandates they found objectionable on religious grounds.

Pacific Justice Institute Defends Religious Rights in Court

Brad Dacus, President of PJI, emphasized the wider impact of this ruling, saying, “This case sets a legal precedent ensuring that all government agencies honor religious exemptions.” His statement underscores that this case has implications far beyond California and BART; it signals a renewed commitment to protecting religious rights across all sectors, reminding government agencies and private employers alike that religious liberty is a constitutional right, not an optional privilege.

Greg Burt, Vice President of the California Family Council, echoed this sentiment, stating, “Employers have an obligation to respect their employees’ religious beliefs by providing reasonable accommodations whenever possible. Religious freedom is foundational, and this decision underscores the importance of honoring that freedom in all facets of public life.” Burt’s comments resonate in a climate where religious rights are often viewed as secondary to policy mandates, reinforcing the idea that true religious freedom requires active respect from employers and institutions.

Integrity and Conviction in the Face of Institutional Pressure

The jury’s award of over $7 million was not merely a financial victory but a resounding affirmation of the workers’ commitment to their principles. It serves as a powerful testament to the fact that religious liberty extends into the workplace and that individuals should not be coerced into choices that violate their faith. The workers’ triumph speaks to the courage it takes to defend one’s beliefs against institutional pressures. The defendants’ win also addresses a broader legal and societal question: How do we, as a nation, protect the conscience rights of individuals amid public mandates? By securing this verdict, the former BART employees underscore the critical importance of faith-based resilience in a culture that increasingly prioritizes compliance over conviction.

This case does more than validate the BART employees’ religious rights—it represents an undercurrent of resistance where faith and courage fuel social change. Their unwavering stance mirrors that of others in history who’ve faced institutional pressures for their beliefs, reminding us that when one group stands firm, they often pave the way for countless others to reclaim their rights. With this landmark decision, these workers have become symbols of integrity and resilience, showing us all that the call to live authentically—faith and all—can transform society in profound ways.

An effort to contact one of the six plaintiffs who lives in San Pablo was unsuccessful prior to publication time. Please check back later for any udpates to this report.

 

 

Civil rights lawsuit filed against City of Antioch, Antioch Police, Contra Costa Child Protective Services claims neglect led to 2022 toddler’s beating death

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CONTENT WARNING: Information included may be disturbing to some individuals

Antioch childcare facility, Pittsburg pediatrician also named

Attorney says agencies “utterly failed in their duties” to protect 18-month-old girl abused by parents also named in suit

San Francisco, August 20, 2024 — A federal civil rights lawsuit was filed in the beating death of an 18-month-old child in Antioch, alleging that a litany of individuals and agencies charged with protecting the tiny girl utterly failed in their duties and led directly to her death as the result of trauma inflicted by her biological parents.

The case, filed last week in Federal District Court on behalf of the two older siblings of the toddler, names the following defendants as negligently responsible for her horrific death: the City of Antioch, Antioch Police Department, Contra Costa Child Protective Services, Contra Costa County Regional Health Foundation, and a childcare facility, The Learning Center (actually named, The Learning Experience – see below), as well as the toddler’s biological parents, Jessika Fulcher and Worren Young, Sr.

The child was removed from her parent’s custody within weeks of her birth in February 2021 because she was in danger of neglect and abuse. Yet, over the next 16 months, the very people and institutions who were supposed to protect the toddler and her siblings failed to report obvious signs of abuse and/or failed to take action to prevent further trauma to the girl.

The child died August 26, 2022, from trauma so severe that it severed her pancreas and caused bleeding in her brain, according to doctors and the lawsuit.

The lawsuit seeks unspecified monetary damages, including punitive damages against the agencies and individuals named as responsible in the legal action.

“This child–who was still learning to walk–was brutally tortured and died a horrific death, all because the entire system that was supposed to protect her failed this innocent 18-month-old child,” said Brett Schreiber, attorney for the plaintiffs and partner at Singleton Schreiber law firm. “While her parents committed the physical abuse that killed her, their abuse was entirely enabled and abetted by social workers, police, hospitals and day care centers who should have stopped them.”

A juvenile court judge removed the toddler from the custody of her parents in March 2021, shortly after her birth.  When the child was born, both she and her mother had methamphetamines in their systems. In addition, both parents had outstanding warrants in Georgia. The children were placed in foster care.

Within weeks of the judge’s decision, however, Contra Costa County Child Protective Services (CPS) began a process intended to lead to reuniting the children with the parents, beginning with a “case plan” requiring close supervision of the parents. The case plan required the parents to submit to regular drug testing. The suit alleges that they missed half these mandated tests and failed many that they took.

A doctor at Pittsburg Health Center further noted injuries on the toddler, but neither the doctor nor the hospital notified CPS, and CPS never requested the hospital’s records.

Nonetheless, CPS soon allowed overnight visitations for the children with the parents, and by September 2021 enabled the parents to regain custody by concealing these and other facts from the judge.

The toddler returned to a household in turmoil, with Antioch police visiting the home at least three times in 2022. Yet the children remained in the home and no referral to CPS was made, even though the father was finally arrested for domestic violence and battery. The child’s daycare center, The Learning Center in Antioch, also alerted the mother regarding significant bruising on the toddler yet failed to make a mandated referral to CPS.

On August 25, 2022, Antioch Police Department officers and paramedics were called to the child’s home by her mother who reported that the girl was having trouble breathing. The girl was rushed to the hospital where doctors discovered she was the victim of severe, intentional injuries.

Her parents left the hospital during the night saying they were going out to smoke, but never returned. The girl died the following morning; a juvenile court hearing in April 2023 concluded that one or both parents were responsible for the fatal injuries.

“This was a complete dereliction of duty that resulted in the death of one young child and the lifelong loss and trauma for two others,” Schreiber said. “On behalf of those siblings, we are asking the court not only to compensate them for the life-long emotional scarring they will suffer, but also to punish those who failed to prevent this horrible tragedy so that it never happens again.”

Antioch City Attorney Thomas L. Smith and Interim Antioch Police Chief Brian Addington were asked on Tuesday afternoon if they had any comment about the lawsuit. Addington was also asked if lawsuits naming the police department are received by the chief or if they are handled by the city attorney’s office. Neither responded by publication time Wednesday evening.

Asked if the County had any comment on the lawsuit, Tish Gallegos, Community Relations and Media for the Contra Costa County Employment & Human Services Department responded, “The County has not been served with the lawsuit, therefore has no comment at this time.”

Asked whom at the County was served with the lawsuit, Sam Singer, of Singer Associates Public Relations representing Singleton Schreiber said, “I know the lawsuit was filed but it may not have been served, yet.”

The press release shows the case is O.Y., W.Y., and A.Y. v. County of Contra Costa, City of Antioch, Jessika Fulcher, Worren Young, Sr., Colleen Sullivan, Flynne Lewis, Contra Costa Regional Health Foundation, The Learning Center, Raji Ponnaluri, and Does 1 through 50, filed in U.S. District Court for the Northern District of California.

Correction, Details Provided on Named Parties

However, the name of the business is actually, The Learning Experience.

Provided with that information and asked how Sullivan, Lewis and Ponnaluri are related to the lawsuit, Singer shared details from the lawsuit, including: “over the next year, from March 2021 to April 2022, during the pendency of the dependency action, CPS workers—Defendants in this action— abysmally failed to protect O.Y. and W.Y. Defendants Colleen Sullivan and Does 1-10, CPS employees, repeatedly misled and deceived the juvenile court. They represented that Defendant Parents were complying with the court’s orders documented in a ‘case plan,’ when, in fact, Defendant Parents were violating the terms of the case plan.”

Singer also shared, “defendant Flynne Lewis was a pediatrician practicing medicine at the Pittsburg Health Center who was responsible for the health, safety, and welfare of Decedent O.Y. and Plaintiff W.Y. Defendant Lewis and staff working at the Pittsburg Health Center noted and documented signs of abuse and neglect of O.Y., but failed to report such information to CPS or any law enforcement agency.”

Finally, Singer provided details about the correct name for the business and its owner which reads, “At all relevant times, Defendant The Learning Experience was a daycare center located at 4831 Lone Tree Way, Antioch, CA 94531 which was owned and operated by Defendant Raji Ponnaluri.”

Singleton Schreiber is a client-centered law firm, specializing in mass torts/multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, and sexual abuse/trafficking. Over the last decade, the firm has recovered more than $2.5 billion for clients who have been harmed and sought justice. The firm also has the largest fire litigation practice in the country, having represented over 26,000 victims of wildfire, most notably serving plaintiffs in litigation related to the 2023 Maui wildfires, the Colorado Marshall wildfire, the Washington Gray wildfire, and others.

Allen D. Payton contributed to this report.

CA Attorney General announces settlement agreement with Rite Aid Corporation to continue providing pharmacy services statewide

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Company agrees to conditions resolving competitive impacts related to changes in ownership involving retail pharmacy outlets

OAKLAND — California Attorney General Rob Bonta today announced a settlement with Rite Aid Corporation (Rite Aid) operating as an injunction to enable him to review changes of ownership involving their retail pharmacy outlets statewide. Additionally, the settlement includes injunctive conditions that resolve competition-related concerns to ensure remaining Rite Aid pharmacies provide necessary medication and healthcare services to Californians, specifically those who may rely on Medi-Cal and Medicare, and protect workers at stores that are sold or closed. Today’s settlement reflects the Attorney General’s efforts to prevent the continued growth of pharmacy deserts, which disproportionately impact low-income individuals, the elderly, and people of color, all of whom are also patients of Rite Aid. The settlement was reached under Assembly Bill (AB) 853.

“Pharmacies are often the most accessible healthcare providers, offering vital services for the well-being of individuals and families. Without them in our communities, Californians could face significant barriers in managing chronic conditions, receiving timely medications, and accessing preventative care,” said Attorney General Bonta. “Today, with AB 853 and conditions set by my office, Californians who rely on Rite Aid pharmacies can continue accessing their medications and essential healthcare services they need to live healthy and fulfilling lives.”

Rite Aid filed for Chapter 11 bankruptcy and began closing nearly 550 stores nationwide since October 2023. California experienced the closure of more than 100 stores statewide; however, approximately 71% of all stores in California have remained open throughout the bankruptcy and with one exception in San Diego, there were two or more competitive alternatives close by for the closed stores. This June, Rite Aid’s bankruptcy restructuring plan was approved by the United States Bankruptcy Court for the District of New Jersey, which turns over control of the company to a group of its lenders.

Under the settlement and AB 853, Rite Aid agrees to the following conditions for the next five years:

  • Use commercially reasonable efforts to maintain the remaining Rite Aid stores, as well as all required licenses.
  • Provide 90-day notice of sale or closure of remaining Rite Aid stores.
  • Continue participation in Medi-Cal and Medicare if commercially reasonable.
  • Provide financial assistance to patients if commercially reasonable to do so.
  • Continue free delivery services to patients who were receiving these services from a closed store in San Diego.
  • Ensure compliance with state staffing levels.
  • Maintain hiring list for all employees from stores that close going forward for preferential hiring at other Rite-Aid stores.
  • Use commercially reasonable efforts to pay retirement contributions if collective bargaining agreements require such payments.
  • Use commercially reasonable efforts to abstain from contesting unemployment for individuals who are laid off as a result of the sale or closure of Rite Aid stores if no nearby Rite Aid store offers employment.
  • Comply with nondiscrimination rules in the provision of healthcare services and to commercially reasonable efforts to provide financial assistance to patients.

The California Department of Justice’s Healthcare Rights and Access Section (HRA) works proactively to increase and protect the affordability, accessibility, and quality of healthcare in California. HRA’s attorneys monitor and contribute to various areas of the Attorney General’s healthcare work, including nonprofit healthcare transactions; consumer rights; anticompetitive consolidation in the healthcare market; anticompetitive drug pricing; privacy issues; civil rights, such as reproductive rights and LGBTQ healthcare-related rights; and public health work on tobacco, e-cigarettes, and other products.

A copy of the settlement can be found here.

Contra Costa Senior Legal Services Summer Soirée & Symposium fundraiser Aug. 22

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By Anna Mickelsen, Communications Intern, Contra Costa Senior Legal Services

On August 22nd, community members across the county will gather for Contra Costa Senior Legal Services’ (CCSLS) Summer Soirée & Symposium. For more than 40 years, CCSLS has served older adults by providing free legal aid to those aged 60+ who need it. Attorneys from CCSLS help fight evictions to preserve housing, prevent elder abuse, remedy fraud, assist with advance planning documents, and more.

Photo: CC Senior Legal Services

The Summer Soirée & Symposium is not only an opportunity to support the organization, but also will feature a panel discussion on the implications of an aging society, lively entertainment, and delicious refreshments. CCSLS also will present the Honorable Virginia George with the First Annual Elder Justice Award. A Bay Area native, Justice George is an upstanding figure in the community, and a powerful voice for Elder Law and the rights of older adults in Contra Costa County. The Elder Justice Award was created to honor Justice George and her service.

Moving forward, CCSLS will continue to present the Virginia George Elder Justice Award to other professionals who work tirelessly to support the well-being of older adults in the county. Tickets are still available for those interested in attending this upcoming event, and for more information or to purchase a ticket, click, here Summer Soirée and Symposium 2024. All proceeds support CCSLS.

About CCSLS

Contra Costa Senior Legal Services (CCSLS) is a private, nonprofit agency that has been providing free legal services to older residents aged 60 or older in the County since 1976. Thousands of seniors have benefited from these services which have enabled them to stay in their homes, to become eligible for and to retain public benefits, to recover real and personal property wrongly taken from them, and to obtain relief from physical, financial, and emotional abuse.

CCSLS seeks to provide the broadest possible access to its services. It prioritizes those areas of law relevant to the needs of older residents of the County, especially those not otherwise addressed by other legal services programs. CCSLS regularly provides individual assistance to over 1,000 clients per year and provides outreach and training to hundreds more.

DeSaulnier’s 9-year effort pays off as Port Chicago 50 exonerated by U.S. Secretary of the Navy

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U.S. Secretary of the Navy Carlos Del Toro signs the exoneration on July 17, 2024, the 80th anniversary of the Port Chicago disaster. Source: Office of the U.S. Secretary of the Navy

Followed efforts of former Congressman George Miller III

On 80th anniversary of World War II explosion, total of 256 remaining African-American Sailors receive full exoneration from 1944 courts-martial

“…the families of the Port Chicago 50 convicted for mutinying against an order that should never have been given finally have closure.” – Congressman Mark DeSaulnier

WASHINGTON – The Secretary of the Navy announced on July 17 the full exoneration of the remaining 256 defendants of the 1944 Port Chicago general and summary courts-martial.

The Honorable Carlos Del Toro, Secretary of the Navy, made the announcement on the 80th anniversary of an explosion that occurred at Port Chicago Naval Magazine in California. The explosion killed 320 people, injured 400 others, destroyed two ships and a train, and caused damage to the nearby town of Port Chicago.

Secretary Del Toro expressed his deepest condolences for the Sailors, civilians, Coast Guardsmen, members of the U.S. Maritime Service, and one Marine who lost their lives and for their family members.

Following the 1944 explosion, white supervising officers at Port Chicago were given hardship leave while the surviving African-American Sailors were ordered back to work. The circumstances surrounding the disaster were reflective of the Navy’s personnel policies at the time, which barred African-American Sailors from nearly all seagoing jobs. Most of the Navy ordnance battalions assigned to Port Chicago Naval Magazine and similar facilities were comprised of African-American enlisted personnel and white officers.

African-American sailors load ammunition and damage from the explosion damage on July 17, 1944. Source: U.S. Navy Secretary video screenshots

In the absence of clarity on the explosions or further safety training, 258 African-American Sailors refused to resume ammunition handling. After threats of disciplinary action, 208 of the Sailors returned to work; however, the Navy still subsequently convicted all 208 Sailors at a summary court-martial for disobeying orders.

The Navy sentenced each of the summary court-martial defendants to a Bad Conduct Discharge and forfeiture of three month’s pay. During subsequent reviews of the summary court-martial, the Bad Conduct Discharges were suspended, the forfeitures reduced, and one conviction was set aside for insufficient evidence.

The remaining 50 Sailors continued to refuse to return to work and were charged with mutiny. The Navy later convicted all 50 Sailors (who came to be called the “Port Chicago 50”) of mutiny at a mass general court-martial. Each of these defendants was sentenced to a Dishonorable Discharge, fifteen years confinement at hard labor, reduction in rate to E-1, and total forfeitures of their pay.

During subsequent reviews of the general court-martial, the Dishonorable Discharges were suspended, and the period of confinement was reduced from 15 years to 17-29 months. One conviction was also set aside for mental incompetency. By January 1946, nearly all the Sailors were released and given the opportunity to finish their contracts.

“The Port Chicago 50, and the hundreds who stood with them, may not be with us today, but their story lives on, a testament to the enduring power of courage and the unwavering pursuit of justice,” said Secretary Del Toro. “They stand as a beacon of hope, forever reminding us that even in the face of overwhelming odds, the fight for what’s right can and will prevail.”

Orders signed by U.S. Navy Secretary Carlos Del Toro exonerating the remaining 256 Sailors issued on July 17, 2024. Source: Office of the U.S. Secretary of the Navy.

After a thorough review of the case and related materials, the General Counsel of the Navy concluded that there were significant legal errors during the courts-martial. The defendants were improperly tried together despite conflicting interests and denied a meaningful right to counsel.

The courts-martial also occurred before the Navy’s Court of Inquiry report on the Port Chicago explosion was finalized, which certainly would have informed their defense and contained nineteen substantive recommendations to improve ammunition loading practices.

Following the Navy’s most recent review, Secretary Del Toro fully exonerated the remaining 256 defendants of the 1944 Port Chicago general and summary courts-martial.

A post on the Navy Secretary’s X (formerly Twitter) account reads, “’May the story of Port Chicago serve as a permanent reminder of the power of collective action, the importance of historical truth, and the enduring promise of a more just America.’ Hon. Carlos Del Toro, Secretary of the Navy.”

If any family members of the defendants of the 1944 Port Chicago general and summary courts-martial would like to reach out to the Department of the Navy for future notifications on the topic or more information, please reach out to PortChicago@us.navy.mil, or 703-697-5342. (See Navy Secretary video about the exoneration and U.S. Navy video about the Port Chicago disaster)

Congressman DeSaulnier Commends U.S. Navy’s Posthumous Exoneration of Port Chicago 50

Rep. Mark DeSaulnier

Congressman Mark DeSaulnier (D, CA-10) commends the U.S. Navy’s posthumous exoneration of the Port Chicago 50 – African American sailors who were wrongfully and discriminately charged with mutiny after the incident. The harsh treatment they received, both in their work and in the courtroom, was reflective of the racial segregation present in the military at the time. Since coming to Congress in 2015, Congressman DeSaulnier has led the fight for justice for and exoneration of these sailors through legislation and work with the U.S. Navy and multiple Administrations. He represented the community that came together to advocate for the sailors, the site of the Port Chicago explosion, and the memorial site for the majority of his time in office.

“After nearly a decade fighting for justice for the Port Chicago 50, I commend the U.S. Navy and thank Navy Secretary Del Toro for exonerating these heroes and President Biden for his support. Today our nation stands one step closer to fulfilling its founding promise of equality and justice for all,” said DeSaulnier. “I thank Rev. Diana McDaniel and the Friends of the Port Chicago 50, Congressman George Miller and John Lawrence, his then Chief of Staff, and Representatives Barbara Lee and John Garamendi for their efforts to help accomplish this monumental feat.”

“I thank Navy Secretary Del Toro for his exhaustive review and exonerating the Port Chicago 50, correcting 80 years of injustice. The Port Chicago 50 were ordered to their deaths in the summer of 1944, nearly four years before President Truman signed the executive order formally banning racial segregation in the American military. Now, eighty years later, the families of the Port Chicago 50 convicted for mutinying against an order that should never have been given finally have closure. Their full exoneration brings a sense of justice that has been long overdue. As Port Chicago’s Congressman, I am proud to stand with the families of these servicemen and my colleagues, Representatives Mark DeSaulnier and Barbara Lee, in celebrating this historic moment,” said Congressman John Garamendi.

“This is a monumental day for justice and for the families of the Port Chicago 50. I appreciate the Secretary of the Navy taking this crucial action to exonerate these courageous men who were unjustly court-martialed by the Navy following the explosion at Port Chicago. On the 80th anniversary of this tragic event, it’s fitting that these men are not only exonerated, but honored for their service to this country. I have been working on this issue with former Congressman George Miller and Congressman DeSaulnier since coming to Congress 26 years ago. This is long overdue,” said Congresswoman Barbara Lee.

“When I learned of the exoneration I burst into tears, this has been a long-time coming. It is so sad that Robert Allen and the PC 50 and the sailors who were penalized are not with us to celebrate. I am so grateful to the Biden administration, to the Secretary of the Navy, to our Champions Rep. DeSaulnier and former Congressman George Miller. So many people have worked on this – a major wrong has been righted,” said Reverend Diana McDaniel, President of The Friends of Port Chicago National Memorial.

“Dr. Martin Luther King Jr. reminded us that ‘the arc of The Moral Universe is long, but it bends towards justice,’ and today’s action by President Biden and Navy Secretary Carlos Del Toro at long last corrects a grievous historical wrong,” said former Congressman George Miller. “I salute colleagues in Congress, state and local government and many others, especially Congressman Mark DeSaulnier, for persisting in this long battle to clear the names of the Port Chicago 50. Special recognition is also due to Rev. Diana McDaniel of the Friends of Port Chicago, Thurgood Marshall, Jr., and the late historian Robert Allen, who have played crucial roles in telling the Port Chicago story and in demanding justice.”

After experiencing segregation in the Navy during World War II, 320 men, including 202 African American sailors, were killed and almost 400 others were injured when a cargo vessel exploded as munitions were being loading onto ships. This incident accounted for more than 15 percent of all African American Naval casualties during WWII and was the deadliest home front disaster during the war. While White officers were given time off, African American sailors were forced to return to the same unsafe working conditions that killed their colleagues, having never been properly trained in safe munitions loading and handling practices. When 50 of these men understandably refused, they were discriminately charged and convicted of mutiny.

Since coming to Congress, Congressman DeSaulnier has been actively working to seek justice for the Port Chicago 50, including through amendments to the National Defense Authorization Act (NDAA), introducing resolutions to exonerate the sailors in the 114th, 115th, 116th, 117th and 118th Congresses, and in calling on then-President Obama and past and current Secretaries of the Navy to remove the racially-based convictions from the sailors’ records. After Congressman DeSaulnier successfully included a provision to an NDAA requiring the Navy to investigate the circumstances surrounding the treatment of sailors at Port Chicago, the Navy acknowledged the injustice that was served against the Port Chicago 50. DeSaulnier has also called upon the Smithsonian Institution to include information about the Port Chicago 50 in the National Museum of African American History and Culture.

President Biden Posts on X

In a post on X (formerly Twitter), President Biden shared the following about the Navy Secretary’s actions on Thursday:

“Today, the U.S. Navy rights a historic wrong by exonerating 258 Black Sailors who were unjustly convicted following the Port Chicago explosion 80 years ago. They fought for a nation that denied them equal justice. Let us remember their service and sacrifice.”

Secretary of Defense Lloyd J. Austin III Issues Statement on the Exoneration of American Sailors Unjustly Accused After the Port Chicago Tragedy of 1944

U.S. Secretary of Defense Lloyd J. Austin, III also issued a statement honoring the exoneration. It reads, “Today, the Department of Defense has moved to rectify an old injustice—and face up to a painful episode in our own history.

I applaud the Secretary of the Navy’s decision to exonerate 258 Black Sailors who were unjustly court-martialed in the wake of the devastating explosion at the Port Chicago Naval Magazine in California, which killed 320 Sailors on July 17, 1944. After the blast, these 258 Sailors refused to keep loading munitions in the same unsafe and inhumane conditions that contributed to the catastrophe. Eighty years later, we recognize that those 258 Sailors were right, and the segregated Navy that unnecessarily risked their lives was wrong.

The NAACP, Thurgood Marshall, Eleanor Roosevelt, and others recognized the case as a travesty at the time. The Department of Defense must continue to learn from our past, and today’s decision reflects our commitment to reckoning with our history—even when it is painful.

I am deeply grateful for all the people of conscience in the U.S. Navy who have worked diligently to make this day possible, and to the advocates and family members who have pushed hard for so many decades to remedy this injustice.

We honor the memory of the 320 dedicated Americans who lost their lives in the Port Chicago explosion, and we honor the service of the 258 brave Americans who refused afterward to bend to racist and cruel treatment. The Department of Defense must always ensure that our Service members, our military families, and our civilian employees are treated with fairness and dignity, especially within our military justice systems.”

Glazer Thanks President, Navy Secretary

State Senator Steve Glazer, in whose district the Port Chicago Memorial is located, also commented on X writing, “Thank you to @POTUS and the Navy Secretary for bringing an important element of justice to the families of these now departed seamen. We’ve waited a long time to see this recognition of historical racism. The historical ledger bends toward justice and we are thankful.”

Source: EBRPD

East Bay Regional Park District Lauds Full Exoneration of Port Chicago Black Sailors by U.S. Secretary of the Navy

The East Bay Regional Park District General Manager Sabrina Landreth made the following statement today about Secretary of the Navy Carlos Del Toro’s full exoneration of African American sailors who were charged in 1944 with mutiny after the explosion at Port Chicago, the worst home front disaster of World War II:

“Today’s historic decision by Navy Secretary Del Toro shows leadership unmatched for the preceding 80 years. The Park District has long supported the resolution calling on the Navy to exonerate the Port Chicago 50. We hope today’s significant announcement creates momentum for us to realize our dream of a world-class visitor center where people can learn and share important stories of social injustice and civil rights that have shaped history, as well as providing an opportunity to heal and reflect on our collective past, as we look toward a future inclusive of all.”

Background:

East Bay Regional Park District Support for Exoneration of the Port Chicago 50

The Park District listened to the community and named the associated park in Concord, Calif. on the site of the former Naval Weapons Station “Thurgood Marshall Regional Park – Home of the Port Chicago 50.”  By doing so, the Park District became the first agency to identify a regularly accessible space for people to discover the courage and legacy of these sailors. The nearby National Park Service Memorial site serves as the final resting place for the sailors who died. The events that occurred at Port Chicago served as a catalyst for civil rights and social justice locally and nationally.

In 2009, President Barack Obama signed the Port Chicago Naval Magazine National Memorial Enhancement Act of 2009. Included in that legislation was language that specifically authorized the National Park Service to partner with the Park District to establish a future visitor center within a regional park near the Memorial. A visitor center at the future regional park will provide broader access to the important history of Port Chicago due to access restrictions for the public to reach the actual National Memorial site located within an active Army base.

To learn more about the Port Chicago Memorial visit Friends of Port Chicago National Memorial (portchicagomemorial.org) and Port Chicago Naval Magazine National Memorial (U.S. National Park Service) (nps.gov).

Allen D. Payton contributed to this report.

Concord: Healthcare Services Group to settle EEOC national origin discrimination charge

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Federal investigation found housekeeping company restricted nursing home housekeeper from speaking Spanish

En Español, tambien

By Christopher Green, Deputy Director, EEOC San Francisco District Office

SAN FRANCISCO – Healthcare Services Group, Inc., which provides housekeeping and other services to healthcare facilities with 35,000 employees in 48 states, agreed to provide monetary and injunctive relief to an employee following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In a charge filed with EEOC, a woman employed as a “light housekeeper” at a nursing home facility in Concord, California, alleged that Healthcare Services Group prohibited her from speaking her native language of Spanish while in the workplace. The EEOC’s investigation found evidence confirming that her employer maintained a limited “English-only” rule. If applied at all times in the workplace or unless justified by business necessity, this type of policy violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin.

After the investigation, the parties engaged in a pre-litigation conciliation process resulting in a settlement. Healthcare Services Group will pay monetary damages to the housekeeper and will provide training for all California employees as well as separate training for all California managers and human resources personnel. The company also agreed to revise its California policies and procedures to include a clear statement that Healthcare Services Group will not restrict languages spoken by employees not performing patient care, and that employees have the right to speak their preferred language in the workplace. These policies will be issued in English, Spanish and any other language spoken by 5% or more of its California workforce. In addition, the company agreed to remove English fluency requirements from the light housekeeper job description, and to post a notice of the agreement for a period of two years.

“Restrictive language policies are only allowed if they are required to ensure safe or efficient business operation and is put in place for nondiscriminatory reasons. Client relations and customer preference do not justify discriminatory policies,” said Rosa Salazar, acting director of the EEOC’s Oakland Local Office. “We commend Healthcare Services Group for making important changes in their policies and training their entire California workforce to recognize and prevent this form of national origin discrimination.”

For more information on national origin discrimination, please visit https://www.eeoc.gov/national-origin-discrimination. For related resources for small businesses, please visit https://www.eeoc.gov/laws/guidance/small-business-fact-sheet-national-origin-discrimination.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

Grupo de Servicios de Atención Médica Resolverá el Cargo de Discriminación por Nacionalidad de la EEOC

La Investigación Federal Encontró a la Empresa de Limpieza de Restringir a sus Empleados a Hablar Español

SAN FRANCISCO – Healthcare Services Group, Inc., que brinda servicios de limpieza y otros servicios a centros de atención médica y emplea a 35,000 empleados en 48 estados, acordó pagar $15,000 y brindar otras medidas cautelares a un empleado luego de una investigación realizada por la Comisión de Igualdad de Oportunidades en el Empleo de EE. UU. (EEOC), anunció hoy la agencia.

En un cargo presentado ante la EEOC, una mujer, empleada como “simple limpieza” en un asilo de ancianos en Concord, California, alegó que Healthcare Services Group le prohibió hablar su idioma nativo, el español, mientras estaba en su centro de trabajo. La investigación de la EEOC encontró evidencia que confirma que su empleador mantenía una regla limitada de “solo inglés”. Aplicándose esto en todo momento en el centro de labores o a menos que esté justificado por una necesidad comercial, este tipo de política viola el Título VII de la Ley de Derechos Civiles de 1964, que prohíbe la discriminación basada en la nacionalidad.

Luego de la investigación, las partes iniciaron un proceso de conciliación previo al litigio que resultó en un acuerdo. Healthcare Services Group pagará una indemnización monetaria al ama de llaves y brindará capacitación a todos los empleados de California, así como capacitación separada para todos los gerentes y personal de recursos humanos de California. La compañía también acordó revisar sus políticas y procedimientos de California para incluir una declaración clara de que Healthcare Services Group no restringirá los idiomas hablados por los empleados que no atienden a pacientes y que los empleados tienen derecho a hablar su idioma de su preferencia en el centro de labor. Estas políticas se emitirán en inglés, español y cualquier otro idioma hablado por el 5% o más de su personal en California. Además, la empresa acordó eliminar los requisitos de fluidez en inglés de la descripción del puesto de simple limpieza y publicar un aviso del acuerdo por un período de dos años.

“Las políticas lingüísticas restrictivas sólo se permiten si estas son necesarias para garantizar una operación comercial segura o eficiente y se implementan por razones no discriminatorias. Las relaciones con los clientes y las preferencias de los mismos no justifican políticas discriminatorias”, dijo Rosa Salazar, directora interina de la Oficina Local de Oakland de la EEOC. “Felicitamos a Healthcare Services Group por realizar cambios importantes en sus políticas y capacitar a toda su fuerza laboral de California para reconocer y prevenir esta forma de discriminación por nacionalidad”.

Para obtener más información sobre la discriminación por nacionalidad, visite https://www.eeoc.gov/es/discriminacion-por-origen-nacional. Para obtener recursos relacionados para pequeñas empresas, visite https://www.eeoc.gov/laws/guidance/small-business-fact-sheet-national-origin-discrimination (en inglés).

La EEOC promueve las oportunidades en el lugar de trabajo al hacer cumplir las leyes federales que prohíben la discriminación laboral. Más información está disponible en https://www.eeoc.gov/es. Manténgase conectado con las últimas noticias de la EEOC suscribiéndose a nuestras actualizaciones por correo electrónico .

 

Governor Newsom appoints new judge to Contra Costa Superior Court bench

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New Contra Costa County Superior Court Judge Michael Nieto. Photo source: Office of the Governor of California

SACRAMENTO – Governor Gavin Newsom announced on Tuesday, June 18, 2024, his appointment of 15 Superior Court Judges, which include one in Contra Costa County; two in Los Angeles County; one in Marin County; one in Napa County; one in Riverside County; one in Sacramento County; three in San Diego County; one in San Francisco County; two in San Joaquin County; one in San Mateo County; and one in Santa Clara County.

Michael Nieto, of Contra Costa County, has been appointed to serve as a Judge in the Contra Costa County Superior Court. Nieto has served as an Assistant District Attorney at the Alameda County District Attorney’s Office since 2022 and has been a Deputy District Attorney there since 1997.

According to his LinkedIn profile, Nieto worked in private practice as an associate attorney for McCutcheon Doyle Brown & Enersen from June 1994 to Dec. 1996 and earned a Bachelors of Arts in Government from Harvard University.

He has served as an Adjunct Professor at the University of California College of the Law (formerly Hastings), San Francisco since 2013. Nieto earned a Juris Doctor degree from the University of California College of the Law, San Francisco. He fills the vacancy created by the retirement of Judge Clare Maier. Nieto is a Democrat.

The annual compensation for each of the judicial positions is $238,479.

Allen D. Payton contributed to this report.