-Caveat Lector-
The latest campaign by former "radical" Jerry Brown, who distinguished
himself earlier by being the only mayor in the Bay Area to WELCOME the
military to his town to conduct "Urban Warfare" exercises there, after San
Franciscans had flat-out refused to allow black helicopters and tanks to run
rampant through our City streets.
OAKLAND [FORFEITURE] LAW THREATENED
"[Oakland] Mayor Jerry Brown asks [California governor]
Davis to veto bill that would make conviction [of a crime] a
prerequisite [for forfeiture]"
by Matthew Yi
San Francisco Examiner, Sept 23, 1999
OAKLAND - Mayor Jerry Brown has fired off two letters to
Gov. Davis urging him to veto a bill that could kill a local
ordinance allowing police to confiscate cars used in alleged drug
deals or prostitution solicitation.
The bill, by Assemblyman Herb Wesson, D-Culver City, would
end Oakland's "Operation Beat Feet" law, which was adopted by the
voters in 1997.
That controversial city ordinance allows police to seize
vehicles if the drivers are suspected of crimes; they do not have
to be charged with a crime. Owners can later reclaim their cars
after negotiating a price with the city, or the city can sell
them at a public auction. Proceeds are split 50-50 between the
city and the Police Department.
Originally, Wesson's Assembly bill merely updated existing
law regarding asset forfeiture for white-collar crimes, making it
easier for prosecutors to pinpoint illegally obtained goods.
But an amendment added in the state Senate requires that
defendants be found guilty before any property is seized, and
that local ordinances be in line with state law.
"Basically, you cannot seize anyone's illegally obtained
assets unless they are convicted," Wesson said.
Calling the amendment a "blatant and ideological attack
on the people of Oakland," Mayor Brown has urged Gov. Davis to
reject the bill. The governor has until Oct. 10 to either sign or
veto it.
"I call upon you to veto AB662 and stop in its tracks the
unconscionable undermining of home rule," Brown said in his
letter dated Sept. 10.
In a second letter dated Sept. 15, Brown contended the
bill was "highjacked in the state Senate at the 11th hour."
"Without a moment of public hearing, the measure was
amended to include an unrelated preemption provision killing
Oakland's "Beat Feet' program," he wrote.
Brown was out of town Wednesday and could not be reached
for comment.
Wesson said he was not surprised by Brown's letters to
Davis.
"I respect (Brown's) opinion," he said. "This was not a
personal attack on Oakland ... I believe the amendment made it a
better bill because it ensures that you can't take something from
someone until they are convicted."
But Oakland officials argue that invalidating the local
ordinance would violate the state Constitution, which reserves
the right of charter cities to make and enforce local laws.
" 'Beat Feet' is a completely constituency driven, local
ordinance," said deputy city attorney Marcia Meyers.
"It was an outcry from the community to deal with
degradation with entire areas of this city. With drive-by drug
dealers ... and rampant prostitution, random arrests by police
officers just weren't getting the job done."
Since the program started in January 1998, the city has
won all of the asset forfeiture hearings in Alameda County
Superior Court, she said.
"We've seized more than 300 vehicles," Meyers said. "Our
statistics show that 60 percent of the people arrested are from
out of town, which indicates to us that people are using Oakland
to do their dirty business and illegal activity."
This is not the first time Oakland's program has been
under fire.
Critics from the beginning have argued that the ordinance
is a draconian measure and violates civil rights.
The American Civil Liberties Union filed a lawsuit against
Oakland last year, contending the measure violates state law by
seizing property without a conviction.
However, Alameda County Superior Court Judge Henry
Needham Jr. ruled in favor of the city, and the ACLU has
appealed the case.
"Oakland's ordinance is completely 100 percent enforced
with sting operations," said ACLU managing attorney Alan
Schlosser. "That's a legitimate law enforcement tool, but that's
subject to abuse ... and subject to entrapment."
Despite such arguments, at least one other Bay Area city
is thinking about adopting a similar city law.
San Francisco Supervisor Amos Brown* is planning to hold a
public hearing Sunday at Bethel Christian Church in The City to
get feedback on the issue.
"If we don't have measures in place in our society to
legally deal with these kinds of criminal activity, we'll never
solve the problem," Supervisor Brown said.
Supervisor Brown said he liked Oakland's program, but
feared that drug dealers or people looking for prostitutes would
take their business to San Francisco unless The City has a
similar law.
"If we're not careful in San Francisco, Oakland will
outdistance us ... and we'll become a dumping ground for these
kinds of activities," he said.
[* Amos Brown is a black Baptist minister who is famous for his
advocacy of the harshest measures against the homeless. His
church just happens to be across the street from where I live,
and from my window, I watch an armored Brinks truck arrive almost
every day to pick up the bags of money funnelled --I almost wrote
"laundered"-- through his "Christian" church, which is attended
by only the best-connected in San Francisco's black community --
those, that is, who haven't already been indicted by the FBI for
corruption and bribery, in an ongoing scandal shaking City Hall.
Rev. Brown (no relation) is a buddy of Mayor Willie Brown, whose
personal "spoils" system is responsible for the FBI's interest.)
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