Justice Empowerment Scholarship 2020

Justice Empowerment Scholarship 2020

We’re proud to announce that our annual Justice Empowerment Scholarship is now open to receive submissions. Last year we awarded the scholarship to Adrian Hurndon, an undergraduate student at Northeast Community College. Adrian Hurndon, an upbeat percussionist, when asked what inspired him to submit a video for the 2019 Justice Empowerment Scholarship said, “It is the perfect opportunity to let people know that awareness is only part of the solution and it’s time to take action and stand up for ourselves.”

Justice Empowerment Scholarship Award Requirements

Award:  One $2,500 scholarship paid to the winning student.

Deadline:  This is a recurring scholarship that will be offered every year. The deadline for the 2020 Justice Empowerment Scholarship is July 31, 2020.

Criteria:  Submissions are evaluated primarily on the persuasiveness of arguments contained in the video. Creativity, images, and innovation incorporated into the video are also taken into account. The scholarship winner is determined solely by the Dolan Law Firm.

Eligibility:  Students attending an accredited U.S. college (including community college) or university are eligible for the scholarship. High school seniors who will be attending an accredited U.S. college or university this Fall are also eligible to apply. No employees of the Dolan Law Firm, or their spouses and family members, nor any employees, spouses and family members of any vendors of the Dolan Law Firm, are eligible.

Submission Requirements: 

  • Applicants must create a 4 to 6 minute video on the topic of justice.
  • In the video, introduce yourself and address the following questions:

What does justice mean to you?

What you think needs to be changed in our society to make it more just?

How you can help bring about this change?

  • Videos must be uploaded to YouTube with the title: “2020 Justice Empowerment Scholarship Submission By _______”  Insert your name in the blank space.
  • In the description of the video on YouTube, briefly summarize your video and include in the description the following statement: The Justice Empowerment Scholarship is provided by the Dolan Law Firm which can be found online at https://dolanlawfirm.com

 

 

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Who is liable for falling trees?

Recently, I addressed a question posed by a reader who asked who is responsible for damage caused by a tree branch falling from an adjacent yard and crashing through the roof of their house, narrowly missing their child. The article addressed the answer to that question with the assumption that it was a tree owned or maintained by a municipality. This week, I will address trees owned by individual, non-governmental owners.

The reader’s inquiry involved a neighbor’s tree overhanging their property. State law provides that the owner of a tree whose branches overhang an adjoining landowner’s property is liable for damages caused by the overhanging branches. Therefore, if your neighbor’s tree drops a branch and causes injury to a vehicle, person, or structure, they are liable to you for the damages caused.

In general, you are legally allowed to take it upon yourself to cut off any tree branch that overhangs your property from the point where it crosses the boundary. Courts have ruled that shade and debris cast by a neighboring branch, blocking light, clogging gutters, deteriorating a roof, etc., can constitute a nuisance, thereby making the tree owner liable for any and all damages caused. The recovery of damages is generally proportional to the extent of the injuries. Indeed, in the 1952 case of Grandona v. Lovdal, the Supreme Court of California ruled and reasoned as follows: “Trees whose branches extend over the land of another are not nuisances, except to the extent to which the branches overhang the adjoining land. To that extent they are nuisances, and the person over whose land they extend may cut them off, or have his action for damages and an abatement of the nuisance against the owner or occupant of the land on which they grow; but he may not cut down the tree, neither can he cut the branches thereof beyond the extent to which they overhang his soil.”

However, there is a a major caveat: some jurisdictions, like Sausalito, have specific tree ordinances that may prohibit this kind of self-help. Before altering a tree, it is advisable to look into any such tree ordinance in effect. Additionally, even when no local ordinance exists, it would be beneficial to first talk to your neighbors before altering a tree rooted on their property; people can get very wound up over trees and it’s never wise to create unnecessarily hostile relationships with your neighbors.

If you have suffered harm from your neighbor’s trees but the neighbor will not consent to altering the tree, you can file an “action for abatement” requesting the court to order your neighbor to remove the trees or to allow you to cut the branches back to your neighbor’s property line. In Bonde v. Bishop, again in 1952, the California Court of Appeals reasoned with respect to an action by a tree owner against his neighbor who cut back the branches: “The finding that the tree in question was a constant menace to the property of the defendants is sustained by the testimony to the effect that in the past large branches had fallen on the roof and porch of defendants’ house, one of such branches tearing a hole in the roof; that the leaves filled the gutters, and littered the porch and lawn. Clearly, under the testimony appearing in the record here and the findings of the trial court, this tree was ‘an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.’”

In this case, where a tree with previous, known rot damage fell on a house and punched through the roof into a child’s bedroom, there is likely have a strong case for holding your neighbor liable for negligence as well. Actions in negligence hold property owners responsible for failing to take reasonable care to prevent foreseeable damage to others as a result of dangerous conditions on their property. If one is successful in proving that a neighbor negligently maintained their property, one would have the right to recover both economic losses (property damage, cost for clean-up, medical expenses, etc) and non-economic damages such as pain, disfigurement, emotional distress, anxiety, and, in the child’s case, treatment for what sounds like Post Traumatic Stress Disorder.

Homeowner’s insurance covers economic losses caused by falling trees, so you should open a claim with them. They will later seek reimbursement from the neighbor’s insurance.

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Most gift cards come without expiration dates

This question comes from Kim M. in Pacific Heights, who asks:

Q: “I want to get my daughter a gift card for the holiday, but I have heard that they have fees and expiration dates that can result in the card losing most or all of its value. What is the law regarding these gift cards?”

A: Gift cards can be good for the retailer and the receiver. The receiver can take advantage of the Cyber Monday and Black Friday sales to get more for his or her money, and the retailers get cash upfront without reducing inventory. These cards used to be more of a benefit for retailers, but the California Legislature, in combination with certain consumer-rights groups, has enacted legislation designed to protect consumers.

California Civil Code Section 1749.5 contains the bulk of the law regarding gift certificates and gift cards. Section 1749.5 makes it illegal to sell a gift certificate that contains an expiration date. Likewise, it provides a prohibition against service fees, including any fee for dormancy (unless it has been dormant for more than 24 months, the fee is clearly stated in 10-point type on the card, the fee is no more than $1 per month and the remaining value of the card is $5 or less each time the fee is assessed).

Any gift certificate sold after Jan. 1, 1997, is redeemable in cash for its cash value or subject to replacement with a new gift certificate at no cost to the purchaser or holder, and any gift certificate with a cash value of $10 or less is redeemable in cash for its cash value.

There are certain exceptions to the no-expiration rule. Namely, gift certificates issued pursuant to an awards, loyalty or promotional program without any money or other thing being given in exchange for value, gift certificates donated or sold below face value at a volume discount to employers or nonprofits for fundraising purposes and certificates for perishable food products. Certificates of this type must have the expiration date in capital letters printed on the front.

One issue with gift cards that are not redeemed is the company may go bankrupt. This has happened in the past, leaving countless individuals with gift cards with no value beyond that of the plastic in their hands. California law states that the value of a gift card is held in trust by the issuer such that when and if the issuer goes bankrupt, the gift card value is not considered part of the bankrupt entity’s estate but is considered the holder’s property.

Civil Code Section 1749.6 states that an issuer of a gift certificate who is bankrupt shall continue to honor a gift certificate issued prior to the date of the bankruptcy filing on the grounds that the value of the gift certificate constitutes trust property of the beneficiary (holder). Under certain limited circumstances, gift certificates with an expiration date can be rendered valueless, but the money therefore does not go to the retailer it escheats — i.e. it reverts back to the state’s general fund if it is uncollected property.

Before purchasing gift cards or gift certificates, ask the vendor about their redemption policy. For a gift card that can be used by many non-affiliated vendors, ask for expiration dates and any relevant fees. In addition, ask about where the unused portion of the value can be redeemed and how that amount can be redeemed. This is also important for “single seller” cards, many of which can be purchased at an unaffiliated location.

So, Kim, this is probably more than you were asking for, but there it is. Unless the certificate meets these exceptions above, it can not be subject to an expiration date and your daughter should be able to benefit from your generosity.

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What responsibility do schools carry for cyberbullying?

This week’s question comes from Michelle P., who writes:

Q: “My daughter is a sophomore at a high school within the San Francisco Unified School District. Like many kids her age, she has a smartphone, which helps the family stay in touch but also allows her to interact regularly online with other kids from her school, some of whom can be very nasty to her, even threatening. She doesn’t feel like she has any choice but to engage with them but this cyberbullying has made her so anxious she can’t focus on her schoolwork. Does her school or SFUSD have any responsibility to intervene when their students are harming each other online?”

A: Michelle, you are right to be concerned and in your intuition that the school should be involved. Cyberbullying has become increasingly common over the past decades and can have tragic, even deadly, consequences.

The State of California recognizes all bullying as a form of violence that involves a real or perceived imbalance of power between individuals or groups of children and results in unprovoked, intentional, and usually repeated physical, verbal, or emotional abuse. Bullying may also manifest as sexual harassment, hate violence, and other severe or pervasive behaviors that create an intimidating or hostile educational environment. California has also specifically recognized the increasing prevalence of cyberbullying, defined as repeated or recurring harm willfully inflicted through electronic media, which can be just as detrimental to students’ wellbeing as face-to-face conflict.

Amendments to California’s existing Safe Place to Learn Act and Interagency School Safety Demonstration Act became effective on Jan. 1, 2019 and required all local educational agencies to adopt procedures for preventing acts of bullying, including cyberbullying, by the end of this calendar year. In May, SFUSD complied with this requirement by adopting Board Policy 5131.2: Bullying and Administrative Policy 5131.2: Bullying. SFUSD policy specifically prohibits transmission of communications or posting of harassing messages, direct threats, or other harmful texts, sounds, or images on the Internet, social networking sites, or other digital technologies, as well as assuming another person’s identity through an electronic account in order to damage that person’s reputation. SFUSD authorizes school administrators to intervene even if the cyberbullying is conducted off campus or outside of school hours in any case where the behavior is impacting students’ learning environment.

Your daughter’s school should have notified all families of the school’s reporting and investigation process. Any student, parent, guardian, or other individual who learns of school-related discrimination, harassment, intimidation, or bullying should immediately contact the school’s principal, or any other staff member. Any school employee who learns of cyberbullying is also required to report the activity to the school principal, who must in turn notify the district compliance officer and inform the target student of their right to file a formal written complaint with the district Office of Equity. Cyberbullying victims are encouraged to save and print relevant electronic or digital messages for aid in investigation of the matter. Complainants names will be held confidential to the extent possible and district policy prohibits any form of retaliation against any individual who files such a complaint.

The school principal is first required to determine whether interim measures are necessary to address the effects of the reported bullying pending investigation and final resolution. After a thorough investigation, including interviews of the accused student and any other witnesses, the principal will determine whether the matter may be resolved through “restorative practices,” a process similar to mediation. If further action is needed, a school may discipline the offending student and, if appropriate, request any applicable social media sites to remove offensive online content and/or suspend the offender’s user privileges.

Pupils who engage in discrimination, harassment, intimidation, bullying, or retaliation in violation of law, Board Policy, or administrative regulation may be referred for counseling, behavioral intervention and education, suspension, and/or expulsion. Any employee who permits or engages in prohibited discrimination, harassment, intimidation, bullying, or retaliation shall also be subject to disciplinary action, up to and including dismissal.

If you are unhappy with SFUSD’s resolution of the matter, state law allows 15 days to appeal the district’s action to the State Superintendent of Public Instruction. After sixty days following the filing of an appeal, you may seek civil remedies through the courts, seeking damages and injunctive relief (orders from the court to stop or change certain behaviors/policies).

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Potential Signs of Human Trafficking

Unfortunately, and incomprehensibly, we are growing accustomed to seeing daily news reports of human trafficking and exploitation of children and adults. Thanks to the internet, this multi-billion dollar industry, which boasts over 100,000 dedicated websites, is among the fastest growing online business sectors in the United States. At what point do we say enough already? The answer is NOW!

Human trafficking cannot be ignored or denied any longer. This topic can be extremely uncomfortable to acknowledge, but we can make a difference by being proactive. This is a matter of life and death!

Every one of us has the potential to discover and report a human trafficking situation. While some victims are kept behind locked doors, others are often hidden right in front of us in such locations as construction sites, restaurants, elder care centers, nail salons, agricultural fields, escort services, truck stops, and hotels. You can learn indicators of human trafficking and effective questions you can ask in order to empower yourself to act when your gut tells you that something is wrong and make a real difference.

Traffickers’ use of coercion — such as threats of deportation or physical harm to the victim or family members — is so powerful that, even if you reach out to victims, they may be too fearful to reach out for or accept your help. Therefore, it is important to recognize the enormous amount of courage it takes if a trafficked victim to reach out for help and action should be taken immediately to remove them from their abuser. When a human trafficked victim does reach out to someone, they probably want out now.

The suggestions set forth in this article are not exhaustive and are merely a starting point.  Starting the conversation and educating ourselves and others is the critical first step in ending human trafficking.

What to look for
Some key red flags to alert you to a potential trafficking situation that should be reported:

– Suspected victim is living with employer;

– Poor living conditions, including blocking windows so others cannot see inside;

– Multiple children/people in cramped space and rarely seen, with numerous adults coming in and out of the property;

– Inability to speak to a suspected victim alone;

– If you are able to speak with the suspected victim, the answers appear to be scripted and rehearsed;

– Employer is holding identity documents;

– Signs of physical abuse;

– Suspected victim appears submissive or fearful;

– Very little or no payment;

– Prostitution of children under 18.

Questions to ask:
Assuming you have the opportunity to speak with a potential victim privately and without jeopardizing the victim’s safety, here are some sample questions to ask:

– Can you leave your job if you want to?

– Can you come and go as you please?

– If you have tried to leave, have you been hurt or threatened?

– Has your family been threatened?

– Do you live with your employer?

– Where do you sleep and eat?

– Are you in debt to your employer?

– Do you have your passport/identification? Who has it?

Where to get help and education about human trafficking
If you believe you have identified someone currently in the trafficking situation, alert local law enforcement immediately by calling 911. You may also want to alert the National Human Trafficking Hotline at 1-888-373-7888, a national 24-hour, toll-free, multilingual anti-trafficking hotline. It may be unsafe to attempt to rescue a trafficking victim on your own. You have no way of knowing how the trafficker may react and retaliate against the victim or you.

If, however, you identify a victim who has escaped the trafficking situation, there are a number of organizations to whom the victim can be referred for help with shelter, medical care, legal assistance, and other critical services. Call the National Human Trafficking Hotline at 1-888-373-7888 to report a tip, connect with anti-trafficking services in your area, or request training and technical assistance, general information, or specific anti-trafficking resources. The Hotline is equipped to handle calls from all regions of the United States from a wide range of callers, including potential trafficking victims, community members, law enforcement, medical professionals, legal professionals, service providers, researchers, students, and policymakers.

Polaris, another nonprofit organization, provides human trafficking victims and survivors with critical support, local resources, training, and solutions to eradicate human trafficking. You can contact them to get help and stay safe through the BeFree Text line (text HELP to 233733) or 202-790-6300.

 

Everyone wants human trafficking stopped. Starting a discussion and educating others will make a difference! Will you accept this challenge?

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The $150-Billion-a-Year Industry That Is Killing Our Children

“It ought to concern every person, because of our common humanity. It ought to concern every community, because it tears at our social fabric. It ought to concern every business, because it distorts markets. It ought to concern every nation, because it endangers public health and fuels violence and organized crime. I’m talking about the injustice, the outrage, of human trafficking, which must be called by its true name — modern slavery.” – President Barack Obama, Sept. 25, 2012

The most common forms of human trafficking are sex trafficking, forced labor and debt bondage. While any form of human trafficking is reprehensible and deserves attention, the focus of this article will be sexually exploited children. This is a difficult and uncomfortable topic, but denial and silence is killing and permanently harming our children.

Sexual exploitation of children by force, fraud, or coercion in the United States is misunderstood.  Many believe it happens in other countries, not right before our eyes in the United States.

The reality is that human trafficking is modern slavery that happens everywhere, affects every race and crosses all social classes, and is woefully underreported because the victims are not visible. Sex-trafficked children are often “reused” for rape sometimes more than 12 times a day. The United States Department of State documented a case of one child being raped more than one thousand times.

Not until 2003 did the first state, Washington, criminalized human trafficking. Despite federal and state legislation in ensuing years, the sex trafficking serpent has continued to proliferate at an alarming rate.

The latest federal law, the Stop Enabling Sex Traffickers Act of 2017, takes the important step of broadening the accountability net, providing an instrument to cut the head off the serpent and eventually put an end to this violence and abuse. Now, “facilitators” financially benefitting or receiving anything of value from participation in a venture which has engaged in sex trafficking can be held civilly and criminally responsible. Examples include truck stops, hotels, and social media advertisers receiving money through the sale of goods or services, leasing real estate or renting hotel and motel rooms. It is important that customers of these businesses keep an eye out and report to law enforcement any behavior or circumstances suggesting the presence of sex trafficking (see Red Flag Warnings, below).

THE NUMBERS
1.6 Million homeless children on the streets at any one time, many having run away or been abducted. A large proportion of these children are victims of neglect or physical or sexual abuse.

1.5 Million sex-trafficked victims in the United States.

35.7 percent rise in sex trafficking in the United States between 2015 and 2016.

14 & 10 percent of girls and boys, respectively, under age 18 bought and sold every year and sexually violated.

The average age of commercially sex trafficked children is 11-14 years.

58 percent of LGBTQ homeless children are sexually exploited annually.

$650,000 is the potential annual earnings of sex trafficker violating as little as four children.

300,000 United States children at risk of becoming victims of  commercial sexual exploitation annually.

7 years is the average child’s life span beginning on the first day they are exploited (from all causes including suicide, physical violence, disease, malnutrition, and overdose)

SECRET CODE EXAMPLES TO HIDE TRAFFICKING
-Lot Lizards: Commercially sexually exploited victims brought in droves to nationwide truck stops and sexually exploited.

-Facilitators: Legitimate businesses such as hotels, airlines, bus and rail companies, advertisers like Craigslist.com, alternative newspapers, banks and other financial services companies, truck stops, landlords, social media including Facebook and Twitter, bars, strip clubs, massage parlors, escort services, and on and on and on.

-Quota: Amount often set between $300 and $2,000 a trafficking victim must make each night before she/he can go “home.”

-Leash: Narcotics, typically heroin and meth, used to control victims.

RED FLAG WARNINGS
-Physical Appearance – Injuries/signs of abuse such as burn marks, bruises, cuts, or unhealthy thinness; tattoo(s) displaying a man’s name, symbol of money, or barcode; sexualized behavior; provocative dress considering age group and/or weather conditions.

-Possessions – Very few personal possessions, no identification, multiple hotel keys or key cards, prepaid cell phone.

-Behavior – Talk about an older boyfriend, sex with an older man, making lots of money and/or wild parties; claims of being an adult; stories that do not add up; fear of authority figures; withdrawn, depressed, distracted or checked out affect.

-Unusual Circumstances – Twenty girls in one hotel room; groups of children outside trucks stopped at truck stops; multiple children living in a home with boarded up windows and numerous cars where the children are rarely seen.

If you see something, DO something! You just might save a life.

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Landowners Have an Obligation to Address ‘Blighted’ Conditions

This week’s question comes from Jim J. in the Excelsior, who asks:

Q: “My neighbor died. She was such a nice lady. I miss her and I also miss how she used to care for her yard. Her son inherited the place, he was never any good to her and was always trouble growing up. He hasn’t gotten any better with age. Since he moved in, he has been “collecting things” — mostly old cars but also tires, rims and other auto parts. He uses the garage to fix up old cars that he then sells. Most of the junk just stays there and rusts. It’s a scrap yard. Weeds are growing, and I have seen rats running in and out. It’s disgusting. What can I do about it?”

A: Dear Jim, you have a right to expect that your neighbor will keep their property reasonably clean. The conditions you referred to are commonly known as “blight,” and San Francisco has an ordinance — called the Community Preservation and Blight Reduction Act, contained within the Administrative Code — that codifies the responsibilities of a landowner to maintain their property.

The Board of Supervisors determined blighted properties are those that are in a condition of significant deterioration or disrepair, attract vagrants, gang members and other criminal elements as prime locations to conduct their illegal criminal activities, cause general deterioration and instability and substantially endanger the health and safety of residents of the blighted properties and of the surrounding neighborhoods. The Department of Public Works is empowered to issue notices of violation and take action to remedy blighted properties under the doctrine of nuisance.

The presence of any accumulation of filth, garbage, decaying animal or vegetable matter, waste paper, hay, grass, straw, weeds, vegetation overgrowth, litter, trash, cigarette or cigar butts, unsanitary debris, waste material, animal or human excrement is a nuisance prohibited under law. Likewise, “overgrown, dead or decayed trees, weeds or other vegetation, rank growth, rubbish, junk, garbage, litter, debris, flyers or circulars” are recognized as a fire hazards and conditions that promote the spread of vermin.

As to the “scrap yard,” the Administrative Code specifically identifies any property that contains, in the outdoor area, any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household equipment, machinery, furniture, or item, appliance or appliances as being blighted.

Whenever the director of DPW determines that a property is blighted, he or she may require or take any necessary abatement or other enforcement actions to cause the property blight to be abated. The director, or his or her appointee, can inspect the property and require the owner to pay for a property inspection fee of up to $250. DPW can also issue an abatement order requiring the landowner to address the issues, as soon as possible, and no later than 15 days after notice of the violation, although they can apply for an extension. A person cited also can request a hearing challenging the citation in front of an administrative law judge.

The DPW director can file a notice of abatement against the title of a delinquent property owner. If the owner fails to abate the nuisance, the director can order DPW to do so and then place a lien on the landowners’ property. A lien is a notice filed in the County Recorder’s Office against the title that indicates a debt is owed to The City for the costs associated with the abatement. Upon sale or transfer of the property, The City must be paid in order to secure clear title.

Jim, I suggest you contact DPW either by dialing 311 or by going to the sf311.org website. Search “blight” and request that they come out and inspect the property. Hopefully, they will do so, serve a citation and cause the neighbor to abate the nuisance. In case DPW fails to take action, you, as an owner affected by the blight, can request an injunction in San Francisco Superior Court.

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Kayakers Citing Failure Of Da To Properly Charge Drunken Boater Sue For Catastrophic Injuries Caused By Propeller

FOR IMMEDIATE RELEASE

KAYAKERS CITING FAILURE OF DA TO PROPERLY CHARGE DRUNKEN BOATER SUE FOR CATASTROPHIC INJURIES CAUSED BY PROPELLER

Press Conference Friday May 10, 2019 at 9:30 a.m.
Dolan Law Firm, 1438 Market Street

On October 28, 2018, at approximately 4:00 p.m., a ski boat driven by San Mateo Attorney, Stephen Andrew Chiari, ran over 15-year-old Francesco (Chicco) Adamo as he was kayaking with his father Filippo in the Marina Lagoon in San Mateo, California. Chiari, operating a ski boat in the lagoon, was under the influence at the time of the collision and was arrested for reckless operation of a boat and operating a boat while intoxicated with injury. Before becoming a lawyer, Chiari served as a police officer for the City of Oakland for 13 years. Chiari is scheduled to be arraigned on 8:30 a.m. Monday May 13, 2019, before Judge Amarra Lee in Department 19, Courtroom L, at the San Mateo County Courthouse – Northern Branch, located at 1050 Mission Road, in South San Francisco, California. A civil lawsuit is being filed Friday May 10th alleging battery and drunken boating causing great bodily harm.

The crash resulted in the propeller inflicting life threatening wounds to Francesco’s skull, lungs, spine, chest and the base of his brain. Francesco’s father Filippo stated, “I was screaming to them to watch out, watch out, trying to alert them to my son, but they just sped into him and the next thing I knew he was in the water, face down, with blood everywhere. I thought my son was dead. When we pulled him from the water, he was lifeless and not breathing. I gave CPR and tried to care for him the best I could until the Ambulance came and took him to Stanford. I went with him, wet to the bone, praying my son wouldn’t die.” At the Stanford University Trauma Center, dozens of specialists, including trauma, orthopedic and neurosurgeons, operated feverishly to save his life. Chief of Pediatric Neurosurgery, Gerald Grant MD is quoted as saying “I felt like I was back in the military operating theater in Iraq since Chicco’s injuries were so severe.” https://www.stanfordchildrens.org/en/service/trauma/stories/francesco-adamo

After six months of no action, the San Mateo County District Attorney’s office has told Francesco’s family that they will not be charging Chiari with a felony but, instead, with two misdemeanors: operation under the influence and reckless or negligent operation of a boat. Debra Scott, Francesco’s mother stated “We have waited over 6 months for the District Attorney to act. This case has been bounced around from Assistant DA to Assistant DA as a low priority for over six months. To now learn that the DA is only charging this man with a misdemeanor is offensive and unacceptable. My son was shredded and nearly killed by this man’s boat as he sped along a recreational waterway while intoxicated and he is going to be charged with a misdemeanor! Is he getting a pass because he used to be a cop? We demand that the DA charge him with the felony of operation of a boat under the influence of alcohol causing great bodily injury.” “With boating season coming back upon us the DA needs to decisively state that drinking and boating will not be tolerated and will be prosecuted to the fullest extent.”

Francesco’s parents will describe the traumatic events of October 28, his treatment and recovery, their dissatisfaction with the DA’s handling of the case and their call for a felony charge to be prosecuted. There will also be a discussion of the civil lawsuit filed against Chiari. Copies of the suit, as well as photos of the injuries sustained by Francesco will be distributed.For further information call Chris Dolan at 415-279-2604 or by email at chris@dolanlawfirm.com.

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How to Spot Human Trafficking

This weeks question comes from Lydia in San Francisco, who writes:

Q: I am originally from Jamaica. I learned of an opportunity to work in San Francisco as a hotel housekeeper. He told me that if I paid him he would get me a job in the United States. I was told I would earn $2,000 a month plus overtime. When I arrived in San Francisco, things were different. I was employed by an agency that contracted with hotels and worked 70 hours a week. The agency took my passport for “safekeeping” for the money they charged me to come here and for rent in crowded company housing. No matter how many hours I worked, I didn’t get overtime, and the fees they charged continued to rise. I could never break even. Eventually, I collapsed at work and was taken to a hospital where I met a social worker. She told me that it sounded like I was a victim of human trafficking.

Could I be a victim of Human Trafficking?

A: Thank you for your question, Lydia. What a horrific series of events to go through. I am sorry that this happened to you. Based on the information you provided, it is possible that you have been the victim of Human Trafficking under California law. Human trafficking can take many forms and is not limited to the sexual exploitation we hear so much about and see in movies. In fact, human trafficking can and does occur in legal and legitimate businesses such as restaurants, hotels and manufacturing plants.

Unfortunately, there are many common misconceptions about what human trafficking is, and who has been a victim. For example, human trafficking does not require physical restraint or force. Psychological means of control such as threats or fraud can suffice. In your case, the unreasonable payroll deductions, as well as the holding on to your passport because of your “debt” can meet the “control” requirement of a human trafficking claim.

Many people also confuse human trafficking with human smuggling. While each can take a severe toll on the survivors, they are separate claims. Human trafficking occurs regardless of whether there was any transportation or illegal border crossing. (See Cal. Civ. Code § 52.5 and Cal. Penal Code § 236.1). Smuggling, on the other hand, would require transportation over a border. With hotel workers like you, it is not uncommon, for people to be induced to come to California through misrepresentation of the type of work or amount of pay. Often, a recruiter will work directly with immigration officials to ensure a legal visa is issued.

The California legislature recently took steps to help remedy the misunderstandings and to bring attention to the issue so that victims, or those who may come into contact with them, may more easily recognize human trafficking. In September 2018, two laws were passed requiring certain businesses to post human trafficking notices and trainings.

SB 970 requires training of new employees at hotels and motels. The employer must provide at least 20 minutes of training and education on how to identify, respond to and report human trafficking. After an initial Jan. 1, 2020 deadline for training, each new worker must receive training within six months of being hired and again every 2 years.

AB 2034 requires the posting of notices regarding Human Trafficking in hotels, motels, bus and truck stops, as well as several other business establishments where trafficking is prevalent or may be seen. The notice must be in, English, Spanish, and whichever other language is most widely spoken in that county. The notice must state that if “you or someone you know is forced to engage in any activity and cannot leave — whether it is commercial sex, housework, farm work, construction, factory, retail, restaurant work, or any other activity they may text of call one of the human trafficking hotlines.

AB 2034 also requires certain businesses to conduct employee training regarding:

  • The definition of human trafficking, 
  • Myths and misconceptions,
  • Physical and mental signs that may point to trafficking,
  • Guidance on how to identify at-risk individuals,
  • Guidance on how to report human trafficking, and
  • Protocols for reporting human trafficking when on the job.

The first things you, or any other potential victim of human trafficking, should do is to make sure that you are safe and contact one of the hotlines. If you, or someone you know fits this description, text 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. Then, call an attorney experienced in this area of law, such as the Dolan Law Firm, to help guide you through the process.

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