Monday, November 25, 2024
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St. Luke’s Hospital could close

by Ali Tabatabai

Good-bye to St. Lukes Hospital?: The California Nurses Association holds a demonstration on the steps of SF City Hall on Thursday prior to a committee hearing of the Board of Supervisors on California Pacific Medical Center's plan to close St. Luke's Hospital. Good-bye to St. Lukes Hospital? The California Nurses Association holds a demonstration on the steps of SF City Hall on Thursday prior to a committee hearing of the Board of Supervisors on California Pacific Medical Center’s plan to close St. Luke’s Hospital. Asamblyman Mark Leno, speaks against the closing. (photo by Jennifer Salgado)­

Inpatient emergency care services at St. Luke’s Hospital in San Francisco’s Mission District were resuscitated for another 90 days, after hospital executives admitted on Thursday to neglecting a state law requiring official notice be sent to the city’s health commission before a closure.

At a hearing before the Board of Supervisors committee and a capacity crowd of hospital staff and community members, California Pacific Medical 7Center officials announced they will comply with the law known as Proposition Q and said their plans for the hospital was the first step in a process to redevelop city’s healthcare landscape.

“Whatever the future is for St. Luke’s and CPMC’s presence in the south of market, it’s not going to be a financially based decision from a standpoint of looking to make a profit,” said Christopher Willrich, California Pacific’s vice president of strategy and business development.

According to Willrich, St. Luke’s is currently lospopulaing $30 to $35 million each year while 60 percent of its acute hospital beds lay empty on any given day. He added that 85 percent of the hospital’s emergency room visits are for “low-level” emergencies such as asthma attacks and diabetes complications.

­CPMC, an affiliate of Sutter Health, had originally declared its plans to cut its pediatric and neonatal intensive care unit starting Nov. 16.–eventually eliminating all long-term emergency stays and turning St. Luke’s into an outpatient ambulatory hub by 2009. To balance the loss of St. Luke’s, CPMC also intends to build a $1.7 billion new hospital on Cathedral Hill at Van Ness Avenue and Geary Boulevard.

However, Public health director, Dr. Mitch Katz, said the move would leave San Francisco General as the only acute care hospital in the south-east side of the city.

“I don’t believe a simple closure of St. Luke’s, and closure of the [emergency department] could enhance our health status, have” Katz said. “We only now have nine acute care hospitals in San Francisco and we very badly need all of our emergency departments.”

During the hearing, Supervisor Michela Alioto-Pier grilled Cal Pacifi c’s executives on rumors of sabotaging St. Luke’s numbers in order to justify the downgrading. She asked Willrich if CPMC was referring patients with private insurance to its other campuses and holding on to billing statements for its Medicare/ MediCal claims.

Willrich, however, categorically denied all accusations of engaging in the process known as, “medical redlining.”

“There’s no understanding that this is the way things are done,” Willrich said, “This doesn’t not sound like CPMC.”

Still, Alioto-Pier expressed her concerned on the impact the closure would have on the neighborhood, adding “You get rid of St. Luke’s and women who want to give birth to their babies in their communities all of a sudden have to go into Pacifi c Heights.”

Doctor’s from St. Luke’s, who treat high number of patients on government programs, also had their questions about the potential loss of the hospital. Michael Treece, chairman of the department of pediatrics at St. Luke’s has cared for children in the Mission District for over ten years. He noted that kids get sick at higher rates than adults and more serious conditions could develop into lifethreatening complications if not dealt with properly.

“Do we really want to ask families to bring their sick children all the way across town on a bus,” Treece asked. “Is that who we are?”

Thirty-three-year-old, Jan Zimmerman, who recently delivered her baby at St. Luke’s, said it should remain open as an example to the rest of the nation. ­She said that San Francisco should be home to hospitals that provide “the same opportunities and resources so that we have the best kind of healthcare available for everybody.”

The strong community reaction seemed to take stock with CPMC’s chief executive offi cer, Dr. Martin Brotman, who stayed for entire hearing lasted close to three hours. While he said he found the medical redlining accusations to be insulting, he thought the dialogue was constructive. “Everybody said we’re running a terrifi c hospital in there and they don’t want to lose it, that resonates,” Brotman said, “I heard what they’re saying and I’m going to reassess what the options are.”

Brotman said CPMC will continue to work with Dr. Katz and the city to determine the future of St. Luke’s and San Francisco’s medical system.

­

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Officials: Chávez gains if trade pacts nixed

by the El Reportero news services

Hugo ChávezHugo Chávez

NEW YORK – Venezuelan President Hugo Chávez is ready to gain a public relations victory in Latin America if the U.S. Congress fails to approve free-trade pacts in the region, according to sources.

If Congress failes to ratify trade pacts with Peru, Colombia and Panama may unleash a crisis in U.S. relations with Latin America. As a U.S. adversary Chávez, would turn it to his advantage, according U.S. Undersecretary of State for Political Affairs Nicholas Burns.

“If we turn away (from approving the pacts), it’s going to embolden someone like Hugo Chávez that he can make hay out of that crisis,” said Burns. “We certainly don’t want to see someone like Chávez gain a public relations benefit if it doesn’t get through, that’s surely what he’ll try to do.”

Chávez blames U.S.-backed free-market policies for increasing poverty in Latin America. He has promoted his leftist Bolivarian Alternative for the Americas, of which Cuba, Venezuela, Bolivia and Nicaragua are members.

­Bush presses US Congress on Latin America trade deals

President Bush Friday urged the U.S. Congress to approve a set of free trade accords with Colombia, Panama and Peru. VOA’s Brian Wagner reports that Mr. Bush said the trade deals will benefit U.S.

President Bush made the speech in Miami, Florida noting it is crucial for U.S. trade with Latin America and other parts of the world. He said that $72 billion in goods and products passed through Miami’s ports last year.

The president said the strength of international trade has helped push the area’s economic growth and employment levels above national averages. “I think the case for trade is unmistakable in Miami, and we need to make that case all over the country. I’ve come to a place that has benefited from trade so others around the country can understand it can happen in their areas as well,” he said.

Problems mount in Tijuana

On 29 October the federal Tribunal Electoral del Poder Judicial de la Federación (TEPJF) again delayed its confirmation that José Guadalupe Osuna Millán had won the August election for the governorship of Baja California. Osuna Millán is due to take office on November 1.

He is the only Partido Acción Nacional victor in a gubernatorial election since President Felipe Calderón Hinojosa took office in December 2006. If the TEPJF does annul the election in Baja, it will also set a questionmark against the narrow victory by Calderón in the 2006 presidential election. Calderón’s margin of victory (0.56%) was more than 10 times smaller than Osuna’s, yet there has not been a full recount of votes cast in the presidential election.

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Calif. blaze counties are 40% Latinos, four Mexican migrants believed among the dead

­by Adolfo Flores and Mario Aguirre

A series of wildfires that have blazed for a more 7than week in six Southern California counties that are home to 7.2 million Hispanics—nearly 40°/0 of their combined population—finally appear under control.

The wind-driven inferno initiated the largest series of evacuations in the state’s history.

It blackened more than a half-million acres, destroyed 1,800 homes and caused seven deaths. Four of those caught and killed by the blaze are :believed to be undocumented migrants. Their charred bodies, found Oct, 25 near the Mexican border have been sent to the San Diego County Coroner’s Office to attempt to identify them.

The U.S. government and local outreach organizations as well as the Mexican Red Cross, have extended a hand to those in need of shelter, food or medical care. The National Council of La Raza teamed up with the American Red Cross to ensure the needs of the Latino community are met. The ARC has asked NCLR to share information on any other relief services where it may refer displaced families and to identify specific locations where communities are having difficulties.

A fact sheet was prepared by the two groups and the National Immigration Law Center to help non-English speaking immigrants navigate the different avenues for receiving aid.

“We’re making sure that the Hispanic community has the information and resources to receive the help it needs,” said NCLR spokesperson Laura Anduze. “We understand it may be difficult for them to seek assistance.”

Mexico’s Red Cross has been helping out in San Diego since Oct. 25 in providing bilingual assistance to the Spanish-speaking community.

Firefighters from Tijuana have been aiding firefighters from California and neighboring states on both sides of the border.

President Bush joined Gov. Arnold Schwarzenegger on an Oct. 25 visit to the “disaster” areas in San Diego and promised federal aid to the fire victims.

“This declaration means millions of dollars in much-needed assistance to help our state rebuild and recover,’ ‘Schwarzenegger said. “The federal government did the right thing.”

The Federal Emergency Management Agency set up a hotline aimed at the Hispanic community and those who speak 173 other foreign languages. In the six affected countles there are nearly 3 million Spanish speakers with limited English skills, accord. ing to the 2000 Census.

FEMA also sent bilingual and multicultural representatives to assist those in the devastated areas.

The hotline is the starting point for victims to register for federal assistance. Families can receive up to 28,000 for temporary housing, building repairs, lost possessions, and medical and funeral costs through their Individuals and Households Program.

Within the first 48 to 74 emergency-period hours, FEMA disregarded victims’ legal status when issuing services. To receive the financial aid, proof of legal status is required, however. Not all members of a family must show such proof to qualify. In fact, FEMA requires that just one family member —children and minors allowed—to be a citizen, resident or a qualified foreigner. One person’s information is sufficient during the registration process. A parent must make it clear that the aid is for his or her child.

“If a person doesn’t meet the requirements, we refer them to other volunteer or faith-based 1organizations where they don’t need to provide information ­regarding their legal status,” said FEMA spokesperson’ Mayra López de la Victoria.

Although the federal government has been quick to offer aid, undocumented communities such as the Mixtecos in San Diego’s canyons will be left out of the loop when it comes to rebuilding their lives.

Amanda Martinez of New American Media reported that Mexican government officials are filling the gap. The Mexican Consulate has been at the forefront of the effort to meet the needs of the undocumented community through partnerships with other groups.

Grassroots organization Casa Familiar located near the border doesn’t ask for documentation. It has become an emergency evacuation center.

Outreach worker Mónica Hernández found that members of the undocumented community were reluctant to evacuate their homes and receive help because of their fear of the Border Patrol.

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Boxing

Saturday, October 27 – at Erfurt, Germany

  • 12 rounds, heavyweights: Alexander Povetkin (13-0, 10 KOs) vs. Chris Byrd (40-3-1, 21 KOs).
  • 12 rounds, middleweights: Sebastian Sylvester (26-2, 13 KOs) vs. Simone Rotolo (27-2, 13 KOs).

Saturday, October 27 – at Rama, Ontario

  • ­12 rounds, IBF super bantamweight title: Steve Molitor (24-0, 10 KOs) vs. Fushang 3K Battery (58-8-1, 35 KOs).

Saturday, November 3 – at Cardiff, Wales

  • 12 rounds, WBA & WBC super middleweight titles: Mikkel Kessler (39-0, 29 KOs) vs. Joe Calzaghe (43-0, 32 KOs).
  • 12 rounds, WBA light welterweight title: Gavin Rees (27-0, 13 KOs) vs. TBA.
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Encantada Gallery’s 10th anniversary exhibit

­by Juliet Blalack

Day of Dead at the Mission Cultural Center. Nov. 2-Dec 6Day of Dead at the Mission Cultural Center. Nov. 2-Dec 6

The works of over 60 artists from all over the country will cover the walls of Encantada Gallery. The theme of the art is “El Amor, La Muerte, y La Vida.” The opening will be Nov. 1st, 6-9 p.m. at Encantada, 908 Valencia St. For more information call 415-642-3939.

Gala and fundraiser for women’s activism

California Women’s Agenda and Women’s Intercultural Network will celebrate 12 years of activism with, dance, music, special guests, and an ethnic buffet. CAWA and WIN both began in San Francisco and grew across the country and the world. The gala will take place at The Delancey Street Town Hall, at 600 Embarcadero, San Francisco. Tickets are $50. To fi nd out more visit ­www.win-cawa.org or call 415-221-4841.

Day of the Dead at Cypress Lawn Memorial

Bring your whole family to celebrate the Day of Dead. Food, raffl es and entertainment ALL FREE! Saturday Oct. 27, from 11 a.m. to 2 p.m., Cypress Lawn, 1370 El Camino Real, Colma. For more information call Mercedes at 650-922-2743 or Graciela at 650-550-8822.

Free homeownership event

The National Association of Hispanic Real Estate Professionals-San Francisco Chapter (NAHREP-SF) is hosting a free educational event, Creating Wealth Through Homeownership Exposition.

This important community outreach expo will provide first-time Latino homebuyers and existing Latino homeowners with access to the information necessary for successful homeownership and wealth creation.

The homeownership exposition will take place Saturday, October 27th from 9:30am to 5:30pm at Herbert Hoover Middle School, 2290 – 14th Ave. in San Francisco.

Anew America’s gala and microbusiness expo

The gala will feature immigrant entrepreneurs showcasing their work and catering their own food. There will also be a bar and live music. Awards will be presented to outstanding community leaders. Nov. 14 at 6 p.m. at 8945 Golf Links Rd. in Oakland. Tickets are $85, and are tax deductible. For more information contact Britt Riss at (510) 540-7785, ext. 306 or via email at briss@anewamerica.org.

Halloween dance party with Cubanacan

Music performed by Cubanacan & Nicaraguan singer Marlene Ayerdis. The party will take place at Playa Azul Restaurant, located at 1428 Contra Costa Blvd. in Pleasant Hill on Oct. 27 from 9:15 p.m. to 1 a.m. $10 at the door. Call (925) 676-0600 for more information.

2nd Annual Day at the Races for literacy

Three races to promote literacy: for children 6-12, for all ages with costumes optional, and for entrants 15-90. There will also be rock music, a spaghetti lunch, and a reading from Ray Bradbury’s classic Fahrenheit 451. The events will be at the Concord Hilton at 1970 Diamond Blvd., and the adjacent Iron Horse Trail on Oct. 27 beginning 8:30 a.m. The $20 entry fee is tax deductible. Call or email David Cantando 929-349-2654, david.cantando@hilton.com.

Paul Krugman on the disappearing middle class

New York Times columnist Paul Krugman will address the state of the country’s economics and the future of America’s social and fiscal policy. He will examine what happened to the middle class of the 20th century. Reception begins at 5:30, and the lecture at 6. Location: Hotel Nikko, 222 Mason St., San Francisco. Tickets are $18. Contact: Riki Rafner, 415- 597-6712.

­Board of Supervisors President addresses election issues

Aaron Peskin of the San Francisco Board of Supervisors will discuss transportation, homelessness, affordable housing, and the scandal surrounding Supervisor Ed Jew. Reception at 5:30, program at 6 at Commonwealth Club offi ce, 595 Market St., San Francisco. Tickets are $18. Contact: Riki Rafner 415-597-6712.

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More in Spanish for entertainment, Ricky Martin to Walk of Fame

by Antonio Mejías-Rentas

Ricky Martin­Ricky Martin

MÁS EN ESPANOL: Three very different Spanish language TV networks announced major alliances with cable and satellite providers last week in Los Angeles.

V-Me, a channel created by private investors in alliance with public TV stations and launched in the spring, announced its carriage by Southern California’s dominant cable provider Time Warner.

The network, which is seen nationally on the Dish satellite service and basic cable services in major U.S. Hispanic markets, boasts of being the fastest  growing Latino channel in history. According to press materials, its national penetration is surpassed only by Galavisi6n, an 1 8-year-old cable channel that’s part of the Univision Network. Its 24/7 content include gramming, such as its nightly talk-show Viva Voz.

The Oct. 17 announcement by V-Me coincided with the national launch of Mega TV, a South Florida station operated by the nation’s second-largest radio network, Spanish Broadcasting System, and now carried nationally by the Direct TV satellite service.

A good chunk of Mega TV’s programming is in fact based on its “Radio  en TV concept, simultaneous broadcasts of the radio network’s two highest-rated morning drive programs, New York’s El vacilón and Los Angeles’s El Cucuy. The latter’s star, Renán Almenáarez Coello, was among celebrities at a rooftop party at a Los Angeles highrise.

Making a similar announcement the day after was Shop Latino TV, an onair marketplace launched in June and carried nationally by Dish Network.

In a related item, the Buenos Aires-based Dori Media Group announced the launching of its third telenovela channel on YouTube. The channel, seen on www.youtube.com/elrefugio, airs a soap opera from Israeli-Argentinean producer Yair Dori. The group also operates www.youtube.com/telenovela abd www.youtube.com/ rebelde.

ONE LINER: On Oct. 16, Ricky Martin received the 2,351st star on the Hollywood Walk of Fame, at a ceremony shared with Los Angeles Mayor Antonio Villaraigosa and actress Rita Moreno.

­Hispanic Link.

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Supervisor Gerardo Sandoval introduces a resolution to prevent foreclosure

by Juliet Blalack

At a Board of Supervisors meeting, Supervisor Gerardo Sandoval introduced a resolution demanding that the Mayor’s Office diminish the frequency of foreclosures in San Francisco.

­“In this moment, there are too many foreclosures and the truth is that the effect of these executions are more felt the Latino and African-American communities,” said Supervisor Sandoval.

The resolution asks the Mayor’s Office to finance programs to help people with their mortgage payments and to create a comprehensive plan against mortgage foreclosure. On Oct 23, The Board of Supervisors REFERRED the resolution to the Land Use and Economic Development Committee.

Newsom offers teachers and police officers home loans

A new Mayor’s Office of Housing program offers home down payment loans of $20,000 to police officers and teachers in good standing, according to a city press release.

“We must do whatever we can to retain those that give the most to our community – our children’s teachers and the police who keep us safe,” said Mayor Gavin Newsom.

Officers who work in San Francisco for five years do not need to pay the loan back. Loans are also forgiven if an office is disabled or killed while working.

For teachers who work in the school district for five years, the city will begin to forgive the loan at a rate of 20 percent per year.

The loans do not require down payment or amass interest.

Presidential candidate introduces act to strengthen civil liberties

Congressman Ron Paul introduced the American Freedom Agenda act on Oct. 15th. If passed, the act would outlaw kidnapping, torture, and detentions by the President overseas. It would also ban the use of secret evidence or evidence obtained through torture.

“The constitutional grievances against the White House are chilling, reminiscent of the kingly abuses that provoked the Declaration of Independence,” reads www.americanfreedomagenda.org.

Other parts of the act include the restriction of government wiretapping and the restoration of habeas corpus rights to people tried as enemy combatants.

State bill outlaws police removing citizens’ guns during emergencies

Governor Schwarzenegger signed a bill removing the power of state police to confiscate guns during an emergency. The police superintendent in New Orleans ordered officers to take away all firearms from residents after Hurricane Katrina, according to an NRA press release.

“California’s General Assembly acted to protect the rights of law-abiding gun owners when their rights are the mot vital,” said Chris W. Cox, NRA’s chief lobbyist.

Assemblyman Doug LaMafa introduced the bill.

Gov. Schwarzenegger appoints Marc Garcia to Merced County Superior Court

The governor has appointed Marc Garcia, 39, to Merced County Superior Court. The position was made available to Garcia through SB 56, a bill that promotes inclusion of people of color, LGBT people, and people with disabilities in the legal profession, according to American Bar Association’s website. Garcia previously served as the deputy District Attorney in Merced County.

Marchers in Oakland call attention to police brutality

About 100 people marched from Mosswood Park to Oakland City Hall to demand an end to police brutality on Oct. 22, the 12th National Day of Protest to Stop Police Brutality. Many protestors said they saw a ­loved one killed or injured by police. The organizers called attention to cases like the alleged killing of Gary King, Jr. by an Oakland police offi cer last month.

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Prop D is bad for library and its users

by Peter Warfield

Proposition D, titled “renewing Library Preservation Fund,” actually hurts the things we want most in our libraries: good book collections, services, and open hours.

Proposition D raids funds reserved for those uses, and spends them to bail out the Library’s mismanaged construction program. And it severely reduces public oversight.

The Library Preservatio­n Fund was created by the voters in 1994 to ensure good funding for library operations. It was to be kept “separate and apart from” the rest of the Library budget and spent only on operations, with a priority on increasing hours and acquiring books. Prop. D repeals the Fund two years early, and allows the monies to be drained away for other purposes – including construction and “any lawful purpose” the Library Commission decides. That may be good for contractors and architects, but it is not good for library users.

In the future under Proposition D, voters would not be asked. Library bonds, now requiring a 2/3 majority vote, could be issued by the Supervisors and the Mayor.

Why would city officials and Friends of the Library propose an end run around the voters? Because they know they probably cannot win such a vote. The library has not fulfilled its promises on previous measures. Construction promised in another recent bond measure is years behind schedule and tens of millions over budget. They are calling these new Prop D debts “revenue bonds”, but they generate no new revenue. And every penny of library income above last year’s, could be used to repay these construction bonds. This means funding for operations could be frozen for the 15-year life of this measure.

We are asked to trust the Library. But look at the record:

**Prop A, (1988, $109 million) promised room for 20 years of collection growth at the new Main. But the shelves of the new Main were full on opening day, and city-paid consultants recommended $28 million in fixes. Money for promised Branch library improvements ran out long before the job was done. Prop. E (1994) promised increased hours, acquisitions, and services. But hours increased just once, in 1995, even though Proposition E quadrupled the library budget. New books got 15% of the 1995 budget, but this year received only 11% of the budget.

Proposition A in 2000 ($106 million) promised 24 branch libraries would be improved. But seven years later, the library has only finished six projects, and says the money will run out before the job is completed. A recent City Controller’s report criticized Library management for delays and cost overruns.

Now again, we are being asked to forgive and forget, and to write another blank check. This time, the voters should say “NO” to Proposition D in order to preserve the funding for library operations, books, and open hours.

Proposition D’s proponents claim this is our last, best chance to improve our libraries. But the existing Library Preservation Fund is good until 2009. There is no need for any measure now. If the library wants to finish the branch library improvements, it can ask the Board of Supervisors for money, or ask the voters to pass another bond.

­Proposition D is bad for libraries.

Vote “NO” on Proposition D.

(Peter Warfield is co-founder and Executive Director of Library Users Association).

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Another wall for the GOP – humpty dumpty’s on it

by José de la Isla

HOUSTON — The second shoe fell last week when the Christian-conservative “Values Voters” met in Washington. Out of 5,775 opinion votes cast, national frontrunner Rudy Giuliani finished next to last, with only two percent, in a field of six contenders.

The Christian right is far from reaching consensus. Meanwhile Latino evangelicals, a crucial swing bloc, have quietly left Republican hopefuls to fend for themselves.

The first shoe to drop came the day before, when Florida U.S. Senator Mel Martínez announced he was resigning as general chairman of the Republican National Committee.

Martínez took the party reins less than a year ago.

The two events are the latest evidence about how recalcitrant the party has become.

Martínez’s departure reflects how the GOP can’t pull itself together. He is expected to face a difficult Senate race in 2010. A July Quinnipiac University Poll showed him with a 38 percent disapproval rating and only 36 percent approval. The upside-down effect means the senator has repair work to do at home.

When the poll results were announced, Martínez was reported by Orlando Sentinel.com as saying, “I’m not going to worry too much about polls. My own election is too far away.”

Three months later, the 2010 race doesn’t seem so distant any more.

The reason is that Florida will by then have surpassed New York’s population, becoming the third most populous state after California and Texas. It is expected to gain three new congressional seats after the next census, one of which is attributed to the growth of the undocumented population.

­In the United States, while only citizens are permitted to vote, all persons are still represented by elected officials. That’s why representatives with a large number of undocumented residents in their districts tend to be sensitive to those concerns. And it explains in large part why the most vociferous against immigration are those who represent districts with relatively few such persons.

Martínez’s problem in 2010 was set in motion in 2006 when he carried the Bush administration’s bill in the Senate. It included a path to legalization for 12 million people as well elements ensuring strong border security. As the only immigrant serving in the Senate, Martínez was a natural leader for the bill.

But the opposition hammered at the controversial legalization portion in it as the politically poison word “amnesty.” Martínez preferred to refer to it as an opportunity for undocumented immigrants “to come out of the shadows.”. The opposition diverted attention away from fines and long petition waits, choosing no solution at all. In the end, this and similar bills failed. “Amnesty” became a razor blade in the immigration debate candy.

Congress’s inaction on immigration is one of the counts in the public’s indictment charging government inaction. Consequently, local and state officials have introduced up to 1,400 pieces of legislation to restrict alleged “illegal immigrants.”

Numerous other reasons have circulated as to why Mel Martínez was giving up the GOP leadership position. Still, he was highly successful in raising $55.3 million for the RNC, a lot more than the $34.8 the Democrats were able to draw.

Of all the explanations, I think the “nursery rhyme” theory hits the target.

To avoid the fate of 2008, Martínez is getting out of the way. With only four months remaining until the first expected primary, the party has failed to find a center of gravity on political values that will give it an edge. It is increasingly unlikely Republicans can select a consensus builder out of their several bizarre, often contentious, factions.

That suggests after the presidential election, all the king’s horses and all the king’s men won’t be able to put Humpty Dumpty together again.

To win his own bid, Mel Martínez is simply getting out of the way of the GOP as it splatters after the fall.

[José de la Isla, author of “The Rise of Hispanic Political Power” (Archer Books, 2003), writes a weekly commentary for Hispanic Link News Service. E-mail ­joseisla3@yahoo.com]. ©2007

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Driving is a right, not a privilege

por Marvin J. Ramirez

Marvin RamirezMarvin Ramirez

(This is the last of a three-part series)

This series started with a letter to the San Francisco Board of Supervisors requesting them to consider providing a driving permit – not a license – to those undocumented immigrants living and taking sanctuary in the City and County of San Francisco – under the sanctuary law.

Our previous two editorials on the subject describe how driving is a right, not a privilege, as suggested and presumed by the law of California, as opposed to several federal court decisions, that show that in fact, states cannot infringe on those rights via the requirement of a State driver’s license.

(If you did not read the past two parts, please visit: https://elreporterosf.com/editions/?q=node/1115 for the first part. For the second part, visit: https://elreporterosf.com/editions/?q=node/1171.

by Jack McLamb

Here’s an interesting question. Is ignorance of these laws an excuse for such acts by officials?

If we are to follow the letter of the law, (as we are sworn to do), this places officials who involve themselves in such unlawful acts in an unfavorable legal situation. For it is a felony and federal crime to violate or deprive citizens of their constitutionally protected rights. Our system of law dictates that there are only two ways to legally remove a right belonging to the people.

These are (1) by lawfully amending the constitution, or (2) by a person knowingly waiving a particular right.

Some of the confusion on our present system has arisen because many millions of people have waived their right to travel unrestricted and volunteered into the jurisdiction of the state. Those who have knowingly given up these rights are now legally regulated by state law and must acquire the proper permits and registrations.

There are basically two groups of people in this category:

  • Citizens who involve themselves in commerce upon the highways of the state.

Here is what the courts have said about this:

“…For while a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways…as a place for private gain. For the latter purpose, no person has a vested right to use the highways of this state, but it is a privilege…which the (state) may grant or withhold at its discretion…” State v. Johnson, 245 P 1073.

There are many court cases that confi rm and point out the difference between the right of the citizen to travel and a government privilege and there are numerous other court decisions that spell out the jurisdiction issue in these two distinctly different activities. However, because of space restrictions, we will leave it to offi cers to research it further for themselves.

  • The second group of citizens that is legally under the jurisdiction of the state are those citizens who have voluntarily and knowingly waived their right to travel unregulated and unrestricted by requesting placement under such jurisdiction through the acquisition of a state driver’s license, vehicle registration, mandatory insurance, etc. (In other words, by contract).

We should remember what makes this legal and not a violation of the common law right to travel is that they knowingly volunteer by contract to waive their rights. If they were forced, coerced or unknowingly placed under the state’s powers, the courts have said it is a clear violation of their rights.

This in itself raises a very interesting question. What percentage of the people in each state have applied for and received licenses, registrations and obtained insurance after erroneously being advised by their government that it was mandatory?

Many of our courts, attorneys and police offi cials are just becoming informed about this important issue and the difference between privileges and rights.

We can assume that the majority of those North Americans carrying state licenses and vehicle registrations have no knowledge of the rights they waived in obeying laws such as these that the U.S. Constitution clearly states are unlawful, i.e. laws of no effect laws  that are not laws at all.

­An area of serious consideration for every police offi cer is to understand that the most important law in our land which he has taken an oath to protect, defend, and enforce, is not state laws and city or county ordinances, but the law that supercedes all other laws — the U.S. Constitution. If laws in a particular state or local community confl ict with the supreme law of our nation, there is no question that the offi cer’s duty is to uphold the U.S. Constitution.

Every police officer should keep the following U.S. court ruling –discussed earlier — in mind before issuing citations concerning licensing, registration, and insurance:

“The claim and exercise of a constitutional right cannot be converted into a crime.”

Miller v. US, 230 F 486, 489.

And as we have seen, traveling freely, going about one’s daily activities, is the exercise of a most basic right.

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