California Black Media
Commentary: Finding the Right Balance — Addressing Organized Retail Theft While Upholding Civil Liberties
Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process. AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld.
By Assemblymember Tina McKinnor | Special to California Black Media Partners
Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process.
AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld. This bill allows law enforcement officers to make warrantless arrests for shoplifting offenses not witnessed by the officer, as long as there is reasonable cause to believe the individual committed the crime. This bill has a dangerous potential for overreach and infringes on civil liberties, particularly the right to due process.
While the stated intention behind the STOP Act is to combat organized retail theft and protect businesses, there are valid concerns that this bill is an overreach and that existing law works, if properly enforced by our partners in law enforcement. A petty theft involving property stolen valued at $950 or less may be charged as a felony or misdemeanor (called a wobbler) if the offender has the following prior convictions: 1) at least on prior petty or theft-related conviction for which a term of imprisonment was served, and 2) a prior conviction for a serious or violent offense, for any registerable sex offense, or for embezzlement from a dependent adult or anyone over the age of 65. A misdemeanor can result in a sentence of up to one year in jail, whereas a felon can mean incarceration for 16 months, two years or three years. Let’s look at shoplifting in California. It occurs when a suspect enters a store, while that establishment is open, intending to steal property worth less than $950. The crime is considered a misdemeanor, punishable by up to six months in the county jail.
Granting officers the authority to arrest individuals based on reasonable cause, without witnessing the crime firsthand, can lead to negative consequences and possible violations of individual rights. Probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for the courts to issue a search warrant. A grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment. The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of a person or its property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of the arrested criminal. Reasonable cause does not require any of this due process and only requires that an officer reasonably believes that a crime has been committed. It is essential to find a middle ground that effectively addresses organized retail theft without compromising the fundamental rights of individuals.
California’s current laws, including the use of witness statements and surveillance evidence are sufficient for addressing suspected shoplifting and organized retail theft. California Attorney General Rob Bonta recently prosecuted Michelle Mack, a suspected organized smash and grab ringleader who paid twelve women to travel around California and commit over $8 million in retail theft at 21 different stores. AG Bonta used California’s current laws to have the suspect arrested and brought to justice.
The State of California is also making significant investments to address retail theft. Just this past year California invested an additional $267 million to combat organized retail theft. It has been less than a year and our law enforcement partners should have the opportunity to address this recent spike in retail theft crime.
Los Angeles County recently applied for and received a grant for the State of California for $15.6 million dollars to address retail theft enforcement. LA District Attorney George Gascon also recently formed an organized retail task force that partners with LA County Sheriff’s Department, Glendale, Beverly Hills, Burbank, Torrance and Santa Monica Police Departments to integrate their response to retail theft across the region. These collaborative efforts, such as those seen in initiatives like the organized retail task force in LA County, demonstrate the importance of a united approach to tackling theft while maintaining a balance between enforcement and civil liberties.
As we move forward, it is essential for policymakers, law enforcement agencies, businesses and communities to work together in finding solutions that effectively address organized retail theft without encroaching on individual rights. Ongoing evaluation and a commitment to thoughtful consideration will be crucial in navigating this challenge and fostering a safe and prosperous environment for all. Balancing the scales of justice to protect businesses while upholding civil liberties demands a comprehensive and conscientious approach from all stakeholders involved.
I am confident we can find that balance.
About the Author
Assemblymember Tina McKinnor (D-Inglewood) represents the 61st District in Los Angeles County, which includes parts of the South Bay, Inglewood, Hawthorne and Lawndale.
California Black Media
Expect to See a New Flat Rate Fee of $24 on Your Electricity Bill
Last week, members of the California Public Utilities Commission voted to approve adding a $24.15 flat fee to monthly utility bills starting next year. On May 9, the California regulators took the unanimous vote in favor of the proposal which also reduced the cost of utilities per kilowatt hour but added the fixed charge to mitigate the loss. The new charge will be based on income with lower-income households paying between $6 to $12. Middle-class to high-income households will be expected to pay the full amount.
By California Black Media
Last week, members of the California Public Utilities Commission voted to approve adding a $24.15 flat fee to monthly utility bills starting next year.
On May 9, the California regulators took the unanimous vote in favor of the proposal which also reduced the cost of utilities per kilowatt hour but added the fixed charge to mitigate the loss. The new charge will be based on income with lower-income households paying between $6 to $12. Middle-class to high-income households will be expected to pay the full amount.
CPUC President Alice Reynolds and environmental groups argue that the new rate encourages people to use more clean energy and assist in modernizing the grid.
“We’re marching towards the future we want to see; we want this load growth,” Reynolds said.
“One where we can replace gas-guzzling cars on our roads with EVs that run on clean electricity and emit less pollutants,” she added.
Although the fixed charge is supposed to lower the utility bill for residents, opponents of the charge argue that a flat rate increases the monthly bill for middle and high-income households.
California currently operates under a prepaid model and maintenance of the power grid is included in the overall usage rate. But with this new proposal, residents will pay more than double the national average of $11 for electricity.
Cynthia Martinez, a spokesperson for the Predictable Power Coalition, an advocacy group, argued that a flat rate is more equitable and will reduce the cost of utilities for struggling families.
“For people who live in hotter climates, who really have no choice but to run their air conditioning more often, they’re paying higher costs that go toward grid upkeep,” Martinez said.
In the past, Democrats stalled plans at the state Capitol to approve the flat fee. All 14 Democrats in the Senate Energy, Utilities, and Communications Committee abstained from voting during a hearing on the proposal to roll back the flat rate.
California Black Media
Commentary: Support Early Detection Technology to Save the Lives of Black Cancer Patients
In 2008, I received news no one ever wants to hear. I was diagnosed with Stage I breast cancer, with an ER/PR positive tumor type. The road to recovery was tough, taking more than a physical toll on my body. I grappled with the emotional and mental strain of navigating a health care system that too often fails to address the unique needs of Black women. There was no manual to guide me through this journey, no prescription to ease the burden, and no roadmap to help me navigate the challenges ahead.
By Rhonda Smith, Special to California Black Media Partners
In 2008, I received news no one ever wants to hear. I was diagnosed with Stage I breast cancer, with an ER/PR positive tumor type.
The road to recovery was tough, taking more than a physical toll on my body. I grappled with the emotional and mental strain of navigating a health care system that too often fails to address the unique needs of Black women. There was no manual to guide me through this journey, no prescription to ease the burden, and no roadmap to help me navigate the challenges ahead.
The stark reality that Black women are 41% more likely to die from breast cancer than White women is a grim reminder of the systemic inequities that pervade our health care system. According to the American Cancer Society, Black Americans have the highest death rate and shortest survival rate of any racial or ethnic group in the country. This disparity extends beyond breast cancer, impacting colorectal, prostate, and lung cancers, among others.
To help overcome these inequities, we need to attack cancer at its roots; we must catch it early, and we must ensure the means to catch cancer early are accessible to the communities most at risk. I consider myself fortunate to have received a Stage 1 diagnosis. Yet, it pains me to know that for many others, their breast cancer is often detected in later, more advanced stages.
Fortunately, there is hope on the horizon. Some California congressmembers — particularly U.S. Rep. Raul Ruiz (D-CA-25) — are taking decisive action. Ruiz is a lead sponsor of a bill to dramatically expand access to cutting-edge early detection tools for Medicare beneficiaries, including millions of Black Americans in underserved communities. With bipartisan support, this bill is closer than ever to passage.
Named in honor of Nancy Gardner Sewell, a civil rights leader and passionate advocate for health justice, the Nancy Gardner Sewell Medicare Multi-Cancer Early Detection Screening Coverage Act would ensure Medicare has the latitude it needs to cover an exciting new class of cancer detection tests as soon as they’re cleared by the FDA.
These tests utilize the latest scientific achievements to identify cancer signals in a patient’s blood stream. They can pinpoint many different types of cancer from a single blood draw, dramatically improving doctors’ ability to detect cancers early and at stages where they are most treatable.
The next phase of our fight against cancer – and the disproportionate toll it takes on Black Americans – starts by urging Congress to pass the Nancy Gardner Sewell Medicare Multi-Cancer Early Detection Screening Coverage Act and ensuring the benefits of this legislation reach all corners of our communities.
I don’t advocate for change for myself, but for every Black woman who has faced, or will face, a similar battle.
Together, we can rewrite the narrative of health care, catch and treat cancer early, and ensure that every woman has the opportunity to thrive, regardless of her race or background.
About the Author
Rhonda Smith, Executive Director of the California Black Health Network, leads initiatives to advance health equity for Black Californians, leveraging her expertise from roles including consulting and spearheading health disparities initiatives for BIPOC communities. With an MBA from the University of Virginia’s Darden School of Business and a B.S. in Civil Engineering from Virginia Tech, Rhonda has led transformative projects like the LiveHealthy OC Initiative and the Susan G. Komen® Circle of Promise California Initiative to address health disparities and promote whole person care approaches.
Bay Area
California Makes Strides in Fight Against Fentanyl
California National Guard’s Counterdrug Task Force has seized over 7,000 pounds of fentanyl including 3.4 million pills since the state launched a multi-agency operation in January 2024. Gov. Gavin Newsom announced the state’s progress on May 7, National Fentanyl Awareness Day. The Governor said he deployed the state’s highway patrol and National Guard personnel last year as part of a public safety operation in partnership with local government officials and law enforcement.
By California Black Media
California National Guard’s Counterdrug Task Force has seized over 7,000 pounds of fentanyl including 3.4 million pills since the state launched a multi-agency operation in January 2024.
Gov. Gavin Newsom announced the state’s progress on May 7, National Fentanyl Awareness Day.
The Governor said he deployed the state’s highway patrol and National Guard personnel last year as part of a public safety operation in partnership with local government officials and law enforcement.
“As we recognize the serious dangers of illegal fentanyl, California is continuing to tackle this issue head-on. Our efforts are getting this poison off our streets and out of our communities as we continue to support people struggling with substance use.” Newsom said.
CalGuard Major General Matthew Beevers said that the state’s unprecedented investment in the Counterdrug Task Force has immobilized operations and revenue channels of transnational criminal organizations.
“The CalGuard is committed to supporting our state, federal, local and tribal law enforcement partners to eliminate the scourge of fentanyl,” Beevers said.
In the past five years, California has invested $1.1 billion in operations and initiatives to fight crime, support local law enforcement, and improve public safety. The Newsom administration has implemented a comprehensive approach as part of the governor’s Master Plan to tackle the fentanyl and opioid crisis.
The Newsom administration has expanded efforts to improve public safety across the state where operations occurred in cities such as San Francisco, Oakland, and Bakersfield.
San Francisco Mayor London Breed acknowledged that joint operation was a step in the right direction toward curbing illegal activity and improving public safety.
“Our coordinated work to shut down drug markets in San Francisco is making a difference, but we have more work to do,” Breed said.
“Together we are sending a message at all levels of government that anyone selling fentanyl in this city will be arrested and prosecuted,” she said.
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