Human Rights Update

Judge, Haywood S. Gilliam Jr. of the US District Court in Oakland, on Sunday granted a request by more than a dozen states to temporarily block the Trump administration from putting into effect new rules that would make it easier for employers to deny women health insurance coverage for contraceptives. 

Saul Loeb/AFP/Getty Images

New Laws in California for 2019

Farm Employee Overtime

In 2016, California became the first state in the U.S. to require employers to pay overtime for farmworkers who work more than eight hours. The first phase of the new rules will begin in January, when agricultural employees will earn overtime after working 9 1/2 hours in a day or 55 hours in a week. Currently, California farmworkers can get overtime after working 60 hours in a week or 10 hours in a day.  The change only applies to businesses that employ at least 26 people. The rules do not apply to smaller agricultural employers until 2022. Discloser, our office consults with agricultural employers on compliance matters and we represent employees on wage and labor claims. Aside from wage and hour claims, sexual harassment and discrimination are constant concerns on the farm. 

Street Vendor Permits

A law going into effect in January will allow local governments to design permit programs for vendors and limits when they can be criminally prosecuted. It pertains to anyone selling food or other merchandise from a pushcart, stand or “non-motorized conveyance.” I anticipate the City of Eureka will embrace this new law and its economic benefits. I predict the County will ignore this law until the County is forced to follow it by a judge.  

Home Kitchen Businesses

A new law encourages Counties (like Humboldt) to permit home kitchens for the purpose of selling food products. California Assembly member Eduardo Garcia, who authored the bill, says that homemade food sales are a vital part of self-reliant communities. “Legitimizing these home businesses will offer a means of economic empowerment and pathways for many to achieve the ‘American dream,’” Garcia said when the bill was signed. Humboldt historically resists new opportunities which provide residents access to residual income. Perhaps after the County Supervisors election in 2020 progress will be made on this front.  

Fred Fletcher

January 17, 2019

The Measure S Lawsuit

Measure S is the cannabis cultivation tax the voters passed. We are challenging the County Supervisor's decision to amend Measure S as passed by the voters. The Supervisors amended the tax to apply to the property owner, not the farmer, and regardless of whether any crop is grown.  

Yesterday, we filed our response to the County's demurrer to the Measure S lawsuit. (Set to be heard January 28, 2019.) The County hired a large Sacramento Firm (founded the year I was born) to defend the lawsuit. They argue it's impossible to tax farmers for the actual crop grown because the County can't verify how much was grown. We informed the Court, governments since the beginning of governments have taxed farmers for crops actually grown, and we cited the Book of Genesis as our evidence.  

The amendments by the Supervisors have been misreported. The Supervisors amended Measure S to tax the permitted area regardless of the amount of crop grown.  As such, the supervisors have amended the tax to be assessed against fallow land, without regard to crop grown. We provided the Court authority that Measure S as amended is a property tax and is unconstitutional. We ask the Court to return Measure S to its original state which acted as an excise tax on legal crop actually grown. 

We will update this one. 

Fred Fletcher

January 15, 2019

Humboldt's Censorship Problem

Our law library has dozens of reference books about criminal law, and I could only find one book about constitutional rights limited to 42 U.S.C § 1983 civil rights cases, a small subsection of constitutional law. Civil rights provide the platform for civil redress which is the alternative to violence.

We decided as a community to center ourselves around our jail, instead of a school, a library, museum, or performing arts theater. Our county supervisors meet at the same building as our jail, which sends a chilling message to anyone wanting to speak on the public agenda, especially federal outlaws. Our prison is being expanded to the tune of $25 million, give or take a dime, meanwhile our schools are in a financial crisis.  The Humboldt establishment's response, is to stay positive and cheery. 

  

County Supervisor's Can't Silence Critics, including Humboldt's Supervisors. 

In a 3-0 decision, the 4th U.S. Circuit Court of Appeals said Phyllis Randall, chair of the Loudoun County Board of Supervisors, violated the First Amendment free speech rights of Brian Davison by banning him for 12 hours from her “Chair Phyllis J. Randall” facebook page.

Last election my office received a few complaints from citizens who were censored for making comments critical of politicians, on the left and right (somehow our local politics are becoming politically polarized). Now these citizens may have recourse. This First Amendment decision could impact local elections nationwide by allowing the public to be heard.    

Fred Fletcher

January 8, 2019

Update on Nation v Trump filed in the 9th Circuit

This lawsuit challenges HUD's rule which forces subsidized apartments to evict medical cannabis users. Plaintiff was evicted from her HUD apartment on July 10, 2018 when a maintenance man discovered some medical cannabis in her bedroom. She remains homeless and is not alone.

The lawsuit not only challenges HUD's rule but relies upon Murphy v NCAA (decided May 2018) to challenge the constitutionality of the Controlled Substance Act itself relative to medical marijuana in the State of California. The Supreme Court in Murphy v NCAA resurrected from near death the anti-commandeering doctrine, which in laymen's terms means the Congress cannot make orders directly to the States. 

We are optimistic this lawsuit will prevail. If the District Court issues an order in our favor appealing the decision would pose a political pitfall for the Trump administration. 

I will update this one.

January 3, 2019

Fred Fletcher 

Update on Volkswagen Diesel Fraud Case

We filed an action in Butte County on May 17, 2018 with the intent of having a jury decide punitive damages. We would be the first party to bring the defeat device case to jury trial.  Peer reviewed studies proved thousands of people with lung diseases died from the fraud.  

 

Home Marijuana Humboldt marijuana growers lead in water program participation

Posted by Lacy Fletcher on Monday, February 15, 2016 Under: Cannabis Regulation

Will Houston reports: 

Humboldt County accounted for the majority of 51 medical marijuana growers who have chosen to enroll in the North Coast’s mandatory water quality protection program that hopes to serve as a model for California.

As to whether this enrollment number met his expectations, water resource control engineer Kason Grady of the North Coast Regional Water Quality Control Board said there are still several applications to be processed and assured they will have more growers signed up before and after the Monday deadline.

“There are thousands of growers in our region,” Grady said. “I think there is long way to go.”

The end of Monday marks the deadline for medical marijuana growers in the control board’s 10-county district — which stretches from the Oregon border to Santa Rosa ­— to sign up for the board’s Cannabis Cultivation Waste Discharge Regulatory Program.

Adopted by the water board in August 2015, the program requires medical marijuana growers to comply with state and federal water quality laws pertaining to issues like drainage, road construction, fertilizer storage, water sediment and temperature control, and water diversions.

The program works by placing marijuana grows into tiers that are dependent on the size and qualities of the grow site.

Those at the lowest tier need only comply with standard conditions to be in the water board’s good graces. Those at the highest tier must develop and submit a cleanup and restoration plan for their site within a 45-day period among several other conditions.

Redcrest resident and medical marijuana farmer Sunshine Johnston has a 2,500-square-foot grow that also includes other produce. She enrolled in the program in November and was placed in the lowest tier.

Johnston said her situation is unique compared to other growers she knows of as she is right off a county-maintained road, has no stream crossings, does not use petroleum-based or synthesized fertilizers and grows organically.

“I don’t have any of that expensive stuff to fix,” she said. “I don’t say I have the same challenges as most landowners do.”

Johnston said the “green rush” of growers flowing into Humboldt County and other North Coast areas throughout the years led to several issues like illegally graded roads, poor fertilizer storage, and many other issues that have impacted water quality.

Read more here:

http://www.times-standard.com/general-news/20160213/humboldt-marijuana-growers-lead-in-water-program-participation

In : Cannabis Regulation 


Tags: humboldt  cannabis  marijuana  regional water board   

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