Should California Vote To Roll Back Criminal Justice Reforms?

“it’s not true that shoplifting less than $950 is no longer illegal—it can still be charged as a misdemeanor. “What Prop 47 did is increase the dollar amount by which theft can be prosecuted as a felony from $400 to $950 to adjust for inflation and cost of living,” Alex Bastian, who co-authored the proposition, told the Associated Press in 2021. “But most shoplifting cases are under $400 to begin with, so before Prop 47 and after Prop 47, there isn’t any difference.”

And even after being raised to $950, California’s felony threshold is lower than more than half of all other U.S. states: Deep red states like Montana and Kansas set theirs at $1,500, while Texas’s is set at $2,500.

“Under current law, prosecutors can already add together thefts that are demonstrably related, for example multiple thefts from the same store in the same week or skimming small amounts from your employer every day,” notes the Vera Institute of Justice, a nonprofit research and policy advocacy organization that supports criminal justice reform (and opposes Proposition 36).

In fairness, evidence indicates that certain crimes did increase after Proposition 47. “Driven by larcenies, property crime jumped after Prop 47 compared to the nation and comparison states,” according to a September 2024 report by the Public Policy Institute of California. At the same time, it wasn’t the biggest contributor: “Evidence is clearer that retail theft increased due to pandemic responses by the criminal justice system, and the increases were of greater magnitude than increases due to Prop 47.”

Similarly, a 2018 study in Criminology & Public Policy found “that Prop 47 had no effect on homicide, rape, aggravated assault, robbery, or burglary. Larceny and motor vehicle thefts, however, seem to have increased moderately,” but the rates of increase were both minor and had other potential causes.”

https://reason.com/2024/10/01/should-california-vote-to-roll-back-criminal-justice-reforms/

Judge Stops California Law Targeting Election Misinformation

“The law, Assembly Bill 2839 makes it illegal for an individual to produce “knowingly distributing an advertisement or other election communication, as defined, that contains certain materially deceptive content,” within 120 days of an election and up to 60 days after. Affected candidates can file for a civil action enjoining distribution of the media, and seek damages from its creator.”

“content creator Christopher Kohls filed a lawsuit arguing the law was overbroad, violating his First Amendment rights to make parody content. Kohls has a YouTube channel with more than 300,000 subscribers, and his videos often consist of political parodies featuring political candidates seemingly mocking themselves.”

“Judge John A. Mendes, a judge on the United States District Court for the Eastern District of California, sided with Kohls, ruling that the law doesn’t pass constitutional muster because it does not use “the least restrictive means available for advancing the State’s interest.”
“Counter speech is a less restrictive alternative to prohibiting videos such as those posted by Plaintiff, no matter how offensive or inappropriate someone may find them,” Mendez’s opinion reads. “AB 2839 is unconstitutional because it lacks the narrow tailoring and least restrictive alternative that a content based law requires under strict scrutiny.”

Mendez’s ruling argues that the law, which is aimed at cracking down on “deepfakes” and other forms of false speech intended at misrepresenting an opponent’s views and actions, ends up making illegal a much wider range of speech than these specific statements.

“While Defendants attempt to analogize AB 2839 to a restriction on defamatory statements, the statute itself does not use the word ‘defamation’ and by its own definition, extends beyond the legal standard for defamation to include any false or materially deceptive content that is ‘reasonably likely’ to harm the ‘reputation or electoral prospects of a candidate.'”

While the law did contain a provision exempting parody content that contains a disclosure, the requirement was onerous, mandating that it be “no smaller than the largest font size of other text appearing in the visual media.”

Just one part of the law was found to pass constitutional muster—a requirement audio-only media be disclosed at the beginning at the message, and every two minutes during the duration of the content.

“While the Court gives substantial weight to the fact that the California Legislature has a ‘compelling interest in protecting free and fair elections,’ this interest must be served by narrowly tailored ends.” Mendez writes. “Supreme Court precedent illuminates that while a wellfounded fear of a digitally manipulated media landscape may be justified, this fear does not give legislators unbridled license to bulldoze over the longstanding tradition of critique, parody, and satire protected by the First Amendment.””

https://reason.com/2024/10/03/judge-stops-california-law-targeting-election-misinformation/

A plot of land in Southern California could be a game-changer for the housing crisis

“So far, most solutions to this housing crisis have focused on subsidizing prospective buyers. But what if there were a way to make housing cheaper at every step of the process: cheaper to build, cheaper to buy, and still affordable for the next resident?
In San Bernardino, a sunny California city located about 60 miles east of Los Angeles, a first-of-its-kind experiment is underway to test these ideas on a single plot of land. Think of it as an affordable housing policy trifecta: three different strategies to bring down housing costs — all at once.

The first innovation is to streamline manufacturing. About 90 percent of homes are built on the land they rest on, but in San Bernardino, manufacturers assembled a modest house — 1,462 square feet, three bedrooms — in a factory before transporting it to its final destination on Ramona Avenue.

The existence of a new moderately sized single-family house is itself a coup when most new homes far exceed 2,000 square feet. Back in the 1940s, nearly 70 percent of new homes were 1,400 square feet or less. Today, that number hovers around 10 percent because rising land and construction costs — along with arduous permitting regulations and a preference for larger projects from lenders and investors — have made smaller homes nearly impossible to build using traditional production techniques.

In the case of San Bernardino, not only are smaller houses less expensive for residents, but factory manufacturing further lowers the price by allowing developers to complete projects more quickly. Manufactured homes cost 45 percent less per square foot than their “site-built” counterparts, according to Freddie Mac.

The second innovation is an 800-square-foot accessory dwelling unit (ADU) located on the same plot of land, about 20 feet away from the house. The matching cream-colored unit provides two more bedrooms and bathrooms to another family, below market rate. In other words, the ADU increases affordable housing without requiring additional land, making more efficient use of the space.

The third innovation: the land itself is owned by a local affordable housing development group, which is using a community land trust to ensure that both the manufactured house and the ADU remain reasonably priced for generations. The community land trust, in effect, limits how much the homeowners could ever resell the property for when they’re ready to move on.

Dora Davila, a 42-year-old medical lab technician born and raised in San Bernardino, recently moved with her three children to the new manufactured home on Ramona Avenue. Her family had been living in an apartment, and despite months of searching, could find no houses available that were affordable.

“We were looking at mobile home parks but, the thing is, none of them had a yard and I wanted space for my kids,” she said.”

https://www.vox.com/policy/371561/affordable-housing-crisis-economy-hud-california

California’s Minimum Wage Law Has Led Some Employers To Cut Hours and Hike Prices

“Last September, California Governor Gavin Newsom (D) signed a bill mandating a $20 minimum wage for fast food workers. The new wage is among the highest in the county, surpassing even Washington, D.C.’s $17.50 minimum wage. While supporters touted the wage increase as a way to help struggling Californians, detractors warned that restaurant owners would respond by laying off workers, cutting their hours, or speeding up the already starting shift to automation.
The law went into effect in April, meaning that it’s likely too early to tell what the ultimate effects of the law will be. However, a recent report from the Associated Press detailed concerns from several California fast food restaurant owners who say they’ve been forced to reduce hours and hike food prices.

“We kind of just cut where we can,” Lawrence Cheng, whose family owns several Wendy’s franchises told the A.P. “I schedule one less person, and then I come in for that time that I didn’t schedule and I work that hour.”

Juancarlos Chacon, who owns nine Jersey Mikes locations in Los Angeles told the A.P. that he’s resorted to reducing staff, cutting his part-time workers by about 20 employees. He’s also had to raise prices. A turkey sub, for example, that used to be under $10 now costs $11.15. As a result, the amount customers spend, he says, has been falling.

“I’ve been in the business for 25 years and two different brands and I never had to increase the amount of pricing that I did this past time in April,” he told the A.P.”

https://reason.com/2024/07/10/californias-minimum-wage-law-has-led-some-employers-to-cut-hours-and-hike-prices/

California fast-food franchise owners, consumers feel brunt of minimum wage hike

California fast-food franchise owners, consumers feel brunt of minimum wage hike

https://finance.yahoo.com/news/california-fast-food-franchise-owners-consumers-feel-brunt-of-minimum-wage-hike-174515934.html

California’s $20 Fast Food Minimum Wage Law Is Already Having Disastrous Unintended Consequences

“if it’s win-win, why just make the minimum $20? Why not $30? Or $100?

Because government requiring higher wages is not a win-win.

Interfering with market prices always creates nasty unintended consequences.”

“No. 1: Thousands of Californians have already lost jobs because some restaurants closed. Others lost income because their employer cut worker hours. The chain El Pollo Loco cut employees’ hours by 10 percent.

Pizza Hut announced that they will lay off more than a thousand delivery drivers. One such driver, Michael Ojeda, understandably asked, “What’s the point of a raise if you don’t have a job?”

No. 2: Workers who still have jobs will lose them because now their employers have more incentive to automate. Chipotle just created a robot that makes burrito bowls. Even CNN acknowledged, “Some restaurants are replacing [fast food workers] with kiosks.”

No. 3: Prices go up.”

https://reason.com/2024/05/29/californias-20-fast-food-minimum-wage-law-is-already-having-disastrous-unintended-consequences/

Glenn Youngkin Withdraws Virginia From California’s Electric Vehicle Mandate

“California first adopted its Advanced Clean Cars (ACC) standard in 2012. The rules required automakers to gradually increase sales of zero-emission vehicles as a percent of total sales in California, culminating in an 8-percent share in 2025. Plug-in hybrids, which use both electric and gas-powered motors, counted for partial credit toward the total.
The Virginia General Assembly passed House Bill 1965 in 2021, which directed the State Air Pollution Control Board to adopt low-emission and zero-emission vehicle standards equivalent to California’s. The bill was signed into law by then-Gov. Ralph Northam, a Democrat, whose support helped guarantee the bill’s passage. Virginia is among 18 states and the District of Columbia that have adopted some or all of California’s regulations.

But the following year, California adopted Advanced Clean Cars II, which greatly expanded the requirements of the original standard. Under the new rules, the zero-emission requirement would jump from 8 percent of automaker’s sales for model year 2025 all the way to 35 percent in 2026, increasing each year until 100 percent of all new vehicles sold for model year 2035 must be electric.

The following day, Youngkin and the Republican-controlled Virginia House of Delegates indicated their intent to repeal H.B. 1965 and uncouple the state from California’s rules, but the Democrat-controlled state Senate squashed their efforts the following year. In the 2023 elections, Democrats regained control of the House of Delegates while keeping control of the Senate, and the state Senate once again defeated efforts to repeal the law in January 2024.

Ultimately, California’s more aggressive rules provided the legal justification for Virginia’s withdrawal. Youngkin’s press release claims that H.B. 1965 merely authorized the state to follow Advanced Clean Cars I, the rules in place at the time that went through 2025. “An opinion from Attorney General Jason Miyares confirms the law, as written, does not require Virginia to follow ACC II,” the press release continues. “Therefore, the Commonwealth will follow federal emissions standards on January 1, 2025.”

“We are alarmed that Governor Youngkin thinks that he is above the law,” Nicole Vaughan, communications director for the Virginia Conservation Network, tells Reason in a statement. “Legislation passed in 2021 directs Virginia’s Air Pollution Control Board to adopt Advanced Clean Cars and subsequent updates to the program. In doing so, Virginia exercised an option under the federal Clean Air Act to follow the more stringent standards adopted by California and several other states to address tailpipe pollution.””

https://reason.com/2024/06/05/glenn-youngkin-withdraws-virginia-from-californias-electric-vehicle-mandate/

California Is Doubling Down on Banning Plastic Bags

“”Manufacturing a paper bag takes about four times as much energy as it takes to produce a plastic bag, plus the chemicals and fertilizers…create additional harm to the environment,” explains National Geographic. “(F)or a paper bag to neutralize its environmental impact compared to plastic, it would have to be used anywhere from three to 43 times.” Given that paper bags aren’t very durable, “it is unlikely that a person would get enough use out of any one bag to even out the environmental impact.””

https://reason.com/2024/06/07/california-is-doubling-down-on-banning-plastic-bags/

California Is Trying To Drive Landlords Out of Business

“What do the state’s insurance and housing crises have in common? Obviously, homeowner policies have an impact on housing costs, but I’m referring to something different, namely the concept of open-ended risk. Insurers are exiting the market because state policies limit their ability to price policies to reflect the risk of a major wildfire season. They rather pull out of California than risk the destruction of their assets.
I’d argue the same thing is happening in the rental market, thanks to a fusillade of pro-tenant laws that subject landlords to an incalculable level of risk. Landlords have freely entered the business and understand the various ups and downs. They can calculate the costs of mortgages, taxes, insurance, and maintenance. They expect to, say, replace carpets and paint between tenants. They know the cost of the eviction process in those instances where it’s necessary.

But the Legislature’s anti-property-rights crusade—done in the name of protecting tenants in a tight housing market—has not only increased those easily calculated costs, but also the costs that are potentially devastating. It’s one thing to realize it might require x-number of legal fees to remove a bad tenant and quite another to wrap one’s head around the possibility of someone staying in a rent-controlled unit forever.”

https://reason.com/2024/04/19/california-lawmakers-are-trying-to-drive-landlords-out-of-business/