Roundtable Looks At DA's Conspiracy Charges, Bumpy Ride for Airbnb, Abortion Fight In El Centro

A CRACKDOWN ON HOMEOWNERS RENTING SPACE TO TOURISTS IN THE BOOMING BE IN THE MARKET. AND ABORTION UPON ITS MOBILIZED ALLIANCE BETWEEN PLAN PARENTHOOD AND A CITY-OWNED HOSPITAL IN EL CENTRO. I'M MARKS HOUR, BE KPBS ROUNDTABLE STARTS NOW. WELCOME TO OUR DISCUSSION OF SOME OF THE WEEK'S TOP STORIES I'M MARK SAUER. JOINING ME ON THE ROUNDTABLE TODAY ARE SURLY, MANAGING EDITOR OF VOICE OF SAN DIEGO. HI, SARAH. RICHARD MONTAGUE NAGEL OF AROUND CONTENT EDITOR OF THE IMPERIAL VALLEY PRESS. UT SAN DIEGO REPORTER LORI WEISSBERG. BONNIE DUMANIS FULL MARKS FOR CREATIVITY. SHE IS APPARENTLY THE FIRST PROSECUTOR IN CALIFORNIA TO USE A SECTION OF THE PENAL CODE TO CHARGE PEOPLE IN GANG SHOOTINGS WHO WERE NOT DIRECTLY INVOLVED IN THE CRIMES. SARAH, LET'S START WITH THAT LAW. HOW DID 15 SAN DIEGO AND THEN GET CHARGED HERE WHEN HE WENT AT THE SCENE ? THIS STEMS FROM A PACKAGE OF CRIMINAL JUSTICE REFORMS PASSED OVER 10 YEARS AGO BUT THIS IS STILL THE FIRST TIME ANYONE IN CALIFORNIA HAS TRIED IT AND A FEW OF THE PEOPLE CHARGED IN THE CASE WERE DIRECTLY INVOLVED IN THE SHOOTINGS ACCORDING TO THE DA. A BIG GROUP OF THEM INCLUDING THE RAPPER TINY DOO WHO HAS GOTTEN A LOT OF ATTENTION IN THIS YOUNG MAN THAT I WROTE ABOUT, AARON HARVEY, THE DA IS NOT SUGGESTING THAT THEY WERE INVOLVED IN THE SHOOTINGS IN ANY WAY. THEY ARE JUST SAYING THAT BECAUSE THEY WERE A MEMBER OF THIS GANG THAT THEY BENEFITED FROM THE CRIMES. AARON SAYS HE IS NOT IN THE GANG AT ALL AND WHETHER HE IS IS IMMATERIAL BECAUSE THE UNDERLYING THEORY IS THAT IT IS GUILT BY ASSOCIATION. WE WILL GET INTO DETAILS ABOUT THAT AND WHO HE IS IN A MOMENT. LET'S DO SOME BACKGROUND. WHAT IS THE DA OFFICE SAY ABOUT THE CRIMES? LAYOUT THE CRIMES FOR US. NO FACILITIES IN THE SHOOTINGS? HOW MANY SHOT? 2013. A SERIES OF SHOOTINGS, EIGHT SHOOTINGS. SOME OF THEN WERE JUST AROUND LINCOLN PARK. AND SO SOME OF THEM ARE JUST SHOOTINGS AT STRUCTURES I BELIEVE AND OTHERS WERE RESULTED IN ATTEMPTED MURDER CHARGES. BUT THERE WERE NO FATALITIES AND SOME FOLKS WERE INJURED IN THESE, WOUNDED IN THESE ? THAT IS HOW I UNDERSTAND IT, YES. THEY ARE CHARGED WITH COMPARATIVE THAT'S CONSPIRACY UNDER THE LAW REGARDING A GANG CRIME. WHAT WOULD BE THE PENALTY THEY MAY FACE IF THEY WERE CONVICTED ? IT'S UNTESTED BECAUSE THIS IS THE FIRST TIME WE ARE SEEING THESE CHARGES BROUGHT TO THE DAS OFFICE HAS TOLD ME IT COULD BE ANYWHERE FROM SEVEN YEARS IN PRISON UP TO LIFE IN PRISON. OBVIOUSLY, THAT IS A BIG DIFFERENCE BUT THEY ARE FACING ULTIMATELY LIFE IN PRISON IF THE JUDGE DECIDES THAT APPROPRIATE PUNISHMENT. WHERE DOES IT COME FROM, 182, THAT'S THE MURDER PENAL CODE. A SUBSECTION OF THAT? A CONSPIRACY SECTION ? YES. THIS CAME FROM A VOTER INITIATIVE CALLED PROP 21. IT WAS BACKED BY FORMER GOVERNOR. PETE WILSON. SO THE EGG -- BIG THRUST OF THOSE REFORMS AT THE TIME HAD TO DO WITH CHARGING JUVENILES AS ADULTS AND THE PENDULUM HAS SWUNG IN THE OTHER DIRECTION SINCE THEN WHERE WE ARE LISTENING CHARGES AND FINDING WAYS TO KEEP PEOPLE OUT OF PRISON. THIS IS VERY MUCH THE OPPOSITE OF THAT. LORI ? AS YOU MENTIONED, THIS IS A CREATIVE USE OF THE STATUTE. HAVE YOU BEEN ABLE TO DIVINE WHY SHE HAS CHOSEN TO DO THIS. IS IT TO RAISE THE PROFILE OF HER OFFICE? MAKE HER LOOK TOUGH ON GANGS? WHERE IS THIS COMING FROM ? I THINK ALL OF THE ABOVE. I THINK HER DETRACTORS ARE PEOPLE WERE CONCERNED BY WHAT SHE IS DOING AND WOULD SAY IT'S TO BOLSTER POSSIBLY CONVICTIONS OR TWO LOOK LIKE SHE'S CRACKING DOWN ON GANGS BUT PERHAPS GOING TOO FAR. YOU MENTIONED RAPPER TINY DOO. BRIEFLY, WHAT WAS HIS CONNECTION TO THE SHOOTINGS OR THE GANG AS IT WERE TO DRAW HIM INTO THIS CASE ? RIGHT. BOTH RAPPER TINY DOO AND AARON HARVEY INSIST THEY ARE NOT MEMBERS OF THIS GANG AND THEY FELL INTO THE CALIFORNIA GANG DATABASE BY VIRTUE OF LIVING OF THIS ROAD NEIGHBORHOOD AND BEING SEEN WITH OTHER PEOPLE WHO LIVE IN THE NEIGHBORHOOD. THE DAS OFFICE CONTENDS THEY ARE HARD-CORE GANG MEMBERS. WHERE ARE THEY GETTING THAT ? TIES TO OTHER PEOPLE WHO ARE DOCUMENTED AS GANG MEMBERS. THE CRITERIA IS VAGUE ENOUGH THAT IF YOU ARE IN THE RIGHT NEIGHBORHOOD OR SEEN WEARING CERTAIN CLOTHING, THAT'S ASSOCIATED WITH A GANG OR FLASHING HAND GESTURES AND PICTURES THAT YOU COULD BE LABELED AS A GANG MEMBER. THE RAPPER TINY DOO HAD LYRICS THAT TALKED ABOUT THE SHOOTINGS. MAYBE A DIRECT CONNECTION ACCORDING TO THE PROSECUTOR. THE FELLOW THAT YOU FOCUSED ON IN YOUR STORY, AARON HARVEY, IT WAS SOCIAL MEDIA, THINGS ON FACEBOOK OR ? RIGHT. THERE ARE A SERIES OF FACEBOOK POST ENTERED INTO EVIDENCE AGAINST HIM. THOSE ARE NOT THE ONLY PIECES OF EVIDENCE. BUT THOSE ARE A LOT OF THEM. SO THE DAS OFFICE SAYS A LOT OF THESE GANG ACTIVITIES ARE TAKING PLACE ON FACEBOOK NOW WHERE THEY ARE MAKING THREATS AND TAKING PHOTOS OF THEMSELVES WITH WEAPONS TO INTIMIDATE PEOPLE. SO THOSE ARE SOME OF THE PHOTOS. HE SAYS THEY ARE JUST PHOTOS OF HIM WITH WITH FRIENDS. THE STORY SAYS AS PART OF THE PROSECUTION CASE OR THE THEORY OF THE CASE HE SOMEHOW BENEFITS EVEN THOUGH THEY ARE NOT SAYING AT ALL THAT HE WAS THERE OR DIRECTLY SHOOTING PEOPLE OR THINGS. BUT HE BENEFIT SOMEHOW BY BEING ASSOCIATED WITH A GANG. WHAT IS THEIR THEORY ? THEY HAVE NOT EXPLAINED THERE. OTHER THAN TO SAY IF YOU ARE A MEMBER OF THIS GANG AND SOMEONE IN THE GANG COMMITS A CRIME, THEN THE WHOLE STATURE OF THE GAIN -- GANG GOES UP. THEY HAVE NOT SPELLED OUT HOW HE BENEFITED IN ANY WAY OTHER THAN HIS REPUTATION GOT A BOOST FROM THIS CRIME. LORI ? WHEN YOU LOOK AT THE FACEBOOK POSTS AND TALKING TO PEOPLE AND THE PARENTS SAID HE IS NO ANGEL, BUT IT DOESN'T RISE TO THIS LEVEL. DID YOU GET THIS SENSE OF WHERE IS THIS MOUNTING PILE OF EVIDENCE THAT THEY WOULD LEAD THEM TO GO AFTER HIM ? PROBABLY HE DOES HAVE A LOT OF CONNECTIONS WITH PEOPLE IN THIS NEIGHBORHOOD. NOW, WHETHER THAT MEANS HE'S A GANG MEMBER HIMSELF, I DON'T KNOW. HIS FAMILY HAS LIVED IN LINCOLN PARK SINCE THE 50s. OF COURSE, HE HAS BEEN SEEN IN THE NEIGHBORHOOD, ALL OF THESE DIFFERENT DWELLINGS LABELED AS GANG HANGOUTS. ONE IS HIS GRANDMOTHER'S HOUSE HIM ABOUT YOUR TO WHETHER THAT IS HIM VISITING HIS GRANDMOTHER. WHETHER THAT'S IN FREQUENTING A GANG HANGOUT, IS UP FOR DEBATE. THEY COME FROM THE WHOLE TROVE OF FACEBOOK POSTS AND SIGHTINGS FROM THE POLICE WHERE HE WAS DETAINED AND QUESTIONED, NOT FOR CRIMES BUT QUESTIONED BECAUSE OF BEING IN THE NEIGHBORHOOD. YOU INTERVIEWED THE DEPUTY DA IN THIS CASE. WHAT DID HE SAY ABOUT HOW IT'S GOING TO MAKE THE CASE AGAINST MR. HARDY ? HE POINTED AGAIN TO A LOT OF THE THAT POST IN HIS CONTENTION IS THAT IT'S NOT A CLOSE CALL, NOT A MATTER OF WE JUST PULLED TOGETHER PHOTOS OF HIM WITH HIS FRIENDS BUT IT'S MUCH MORE SPECIFIC THAN THAT THAT HE FLASHING LINCOLN PARK GANG GESTURES, FLASHING WEAPONS AND MAKING THREATS TO RIVAL GANGS AND THINGS LIKE THAT. YOU INTERVIEWED LEGALS EXPERTS ON THE APPROACH. WHAT DO THEY HAVE TO SAY ? ONE OF THE CRIMINAL JUSTICE LAW PROFESSORS WHO I SPOKE WITH SEEMED TO THINK THIS WAS A CONSTITUTIONAL USE OF THE LAW AND THAT THE LAW ITSELF SEEMED TO BE CONSTITUTIONAL. NOW, LAWYERS AT THE ACLU DISAGREE AND THINK THAT THE LAW ITSELF SHOULD BE TOSSED OUT. SO IT'S UP FOR DEBATE. EVEN THE DAS OFFICE THEMSELVES TOLD ME THEY THINK ULTIMATELY A HIGHER COURT WILL HAVE TO WEIGH IN HERE. AS THEY GO ALONG, RALEIGH -- LORI ? I'M WONDERING IF IT'S MORE PUBLICITY ABOUT THIS. IF MAYBE IT ACHIEVES THE PURPOSE THAT BONNIE DUMANIS WANTS AND THAT GANG MEMBERS POST LESS ON FACEBOOK. THEY ARE BEING MORE PERSPECTIVE OF THEMSELVES KNOWING THEY CAN BE NABBED. THEY -- THAT COULD BE BUT I THINK HE WORKS BOTH WAYS. A JUDGE HAS TOSSED OUT SOME CHARGES FOR PART OF THE GROUP OF DEFENDANTS AND SO I THINK THAT THIS REASONING HAS ALREADY BEEN CHALLENGED AND IT WILL ONLY BE MORE SO AS MORE PEOPLE PAY ATTENTION . A COUPLE SECONDS LEFT IN THE SEGMENT. LAST QUESTION, HARVEY STARTS POKING. HE'S NOT SAYING THIS LYING DOWN. HE IS FIGHTING BACK ALREADY IN THE COURT OF PUBLIC OPINION. RIGHT. HIS DAD IS A LONGTIME CITY WORKER WHICH THEY SAY CUTS AGAINST THIS NARRATIVE THAT HE IS AS HARD-CORE GANG MEMBER. HIS FAMILY IS INTACT. HE HAS PARENTS WITH GOOD JOBS. THEY HAVE BEEN VERY OUTSPOKEN AND HE TOLD ME HE PLANS TO NOW BECOME AN ACTIVIST AND CRUSADE AGAINST THIS SECTION OF THE LAW THAT HE DOES NOT THINK IS REASONABLE. EVEN A LAWYER, MAYBE? . SMACKED THE TRIAL SET FOR APRIL SO WE WILL SEE WHAT HAPPENS IN THE CASE. WE WILL MOVE ON THE CONCEPT IS SIMPLE YOU WANT TO ESCAPE WHEN A BACCHAE SO YOU LOOK FOR CHIEF PLACE TO STAY IN SAN DIEGO COUNTY THAT WILL NOT BUST YOUR BUDGET. A FEW MINUTES OF RESEARCH AND YOU HAVE A HOT AT A PRIVATE RESIDENCE AND CARLSBAD IS PART OF THE SHARING ECONOMY CALLED AIR B&B AND ITS HARDLY THAT SIMPLE, LORI. EXPLAIN WHAT AIR B&B AND SITES LIKE BARBEAU, WHICH IS A COUSIN OF THIS. THERE'S A LOT OF THEM THAT ARE POPULAR. IT'S PRETTY MUCH AS YOU SAY, YOU CAN SEARCH ONLINE ON AIR B&B OR HOME AWAY, A NUMBER OF THE SITES AND YOU CAN EITHER RENT A ROOM IN SOMEONE'S HOUSE, WHICH IS MORE THE TYPICAL AIR B&B MODEL OR YOU CAN RENT SOMEONE'S VACATION HOME, SECOND HOME THAT THE WHOLE HOME IS BEING PUT UP RIGHT AND YOU PAY RATE AND AIR B&B TAKES A PERCENTAGE BUT YOU ARE NEVER REALLY ASKED TO PAY UNLESS YOU ARE IN SOME CITIES. YOU DON'T PAY UNTIL TAX OR SOMETHING AND THAT'S AN ISSUE THAT'S CROPPING UP WITH THIS BUT IT'S VERY STRAIGHTFORWARD AND YOU STAY AND PEOPLE REPORT WONDERFUL TIMES AND THE HOST THEMSELVES ENJOY SHOWING PEOPLE AROUND AND MEETING PEOPLE FROM ALL OVER THE WORLD. IT'S PRETTY CHEAP I WOULD IMAGINE. YOU'RE GETTING A BEDROOM OR SMALL SPACE. YOU GO TO THE BEACH, ZOO, OUT AND ABOUT, STAYING THERE FOR A QUICK BITE IN THE MORNING AND NOT HANGING OUT. I BET THE HOTEL -- HOTEL YEARS AND NOT THRILLED. SAN DIEGO I'M NOT HEARING A BIG CRY FROM THE HOTEL YEARS. OCCUPANCIES ARE HIGH IN HOTELS. THE HOTEL INDUSTRY HAS MADE A COMEBACK SO IT'S NOT AS BIG AN ISSUE I DON'T THINK RIGHT NOW. IT MAY BECOME A BIG ISSUE BECAUSE WITH THE MUNICIPALITIES AND SOME OF WHOM ARE NOT GETTING OR CAPTURING THE HOTEL TAX THEY WOULD LIKE TO GET. THEY ARE LOOKING AT A REVENUE STREAM. THE VEIN TO TAP AND THEY ARE NOT GETTING IT. RIGHT AND SOME ARE GOING AFTER THEM. WHAT ABOUT THE NEIGHBORS. THERE HAS BEEN FOLKS COME IN A PARTY AND DON'T REALIZE THIS IS A QUIET NEIGHBORHOOD AND PEOPLE HAVE TO WORK TOMORROW AND THEY ARE NOT A VACATION SO YOU CAN PLACE THEIR. RIGHT. TALKING TO DIFFERENT PEOPLE SEEM TO BE A DISTINCTION BETWEEN PEOPLE LIKE WRITING OUT UNIVERSITY HEIGHTS, NORTH PARK, URBAN NEIGHBORHOODS AND THEN SPECIFIC -- PACIFIC BEACH, MISSION BEACH, OCEAN BEACH, AND SOME PEOPLE ARE INVESTING IN BUYING JUST SO THEY CAN RENT IT OUT SHORT-TERM. NOT TO JUST MONTH BY MONTH, RENTERS BUT TO RENT THEM OUT FOR THE SHORT TERM VACATIONERS. IT IS GETTING OUT OF HAND. THE BEACH AREA PEOPLE DO NOT FEEL LIKE THE CITY HAS CRACKED DOWN ANOTHER NURSING IT COMING TO A HEAD BECAUSE IT'S GOING TO BE TO COUNCILMAN WAYNE IN ON THIS. SMACKED SOME PEOPLE SOME CITIES HAVE CRACKED DOWN ON THIS. TELL US ABOUT THE RESTRICTIONS ? THE COASTAL COMMISSION FOR COASTAL AREAS DOES NOT LOOK KINDLY ABOUT -- UPON THIS BOOK OR NOT AS HAVE THEIR WILL FOR A LONG TIME, IT HAS TO BE MORE THAN 26 DAYS IF YOU ARE GOING TO RENT SOLANA BEACH, 70 SOME MORE. AND PRIVATE RESIDENCE, YES. AND A LOT OF OTHERS IS MORE LIKE 30 DAYS OR LESS. SAN FRANCISCO RECENTLY LEGALIZED THE SHORT TERM RENTALS AFTER YEARS OF BEING LEGAL. ILLEGAL, SKEWS ME WE HAVE NOTICES GOING OUT. YOU OWE BACK TAXES, FINES, YOU HAVE WRITTEN ABOUT THIS ? YES, IT SEEMS LIKE A COMPLETE DRIVEN SO YOU CAN RUN AN AIR B&B, ROOMY RENT OUT OR YOUR ENTIRE APARTMENT AND HAVE NO TROUBLES AND MAYBE STAY UNDER THE CITY'S RADAR, BUT IF YOU LIVE IN ONE OF THESE COMMUNITIES LIKE PACIFIC EACH, MISSION BEACH AND YOUR RENTERS HAPPEN TO MAKE A LOT OF NOISE, YOU'RE PROBABLY GOING TO HAVE THAT FLAG RAISED AND HAVE THE CITY CRACKDOWN ON YOUR. WAS SAN DIEGO, THERE IS A CONDITIONAL USE PERMIT WHERE YOU CAN GO ON THE UP AND UP AND GET PERMISSION TO DO THIS BUT YOU DID A STORY WHERE IT TAKES FOREVER TO GET THAT. RIGHT. IT VARIES BY NEIGHBORHOOD AS I UNDERSTAND IT AND THERE ARE A COUPLE DIFFERENT PERMIT DEPENDING ON WHAT YOU ARE TRYING TO DO BUT THE CITY SAID, ALL YOU HAVE TO DO IS GET THIS PERMIT, EBPP, NO PROBLEM, BUT WE WENT THROUGH THE PERMIT DATA AND FOUND OUT THEY COULD TAKE ABOUT ONE YEAR IN SOME CASES SO IT'S NOT AS EASY AS THE CITY IS MAKING IT IT OUT TO BE. I WILL BE INTERESTED TO SEE BECAUSE THIS IS COMING TO A HEAD AND WILL GO THROUGH A COUNCIL COMMITTEE AND THE PACIFIC BEACH PLANNING GROUP WANTS TO HAVE A CITY BY -- CITYWIDE BAN ON THESE FOR ANYTHING OTHER THAN 30 DAYS BUT THE COST OF COMMISSION AND COASTAL COMMUNITIES HAS SAID THAT TAKES AWAY YOUR ACCESS TO THE COAST HAVING AFFORDABLE PLACE TO STAY. IT WILL BE INTERESTING TO SEE IF THE CITY WERE TO DO ANYTHING CLOSE TO THAT THE COST THE COMMISSION MAY HAVE TO WEIGH IN AND SAY NO, SAN DIEGO, YOU CANNOT BE THAT STRICT. YOU CAN BE SOMEWHAT STREET, BUT YOU CANNOT BAN THEM ENTIRELY. THIS IS SOMETHING -- YOU HAVE TOUCHED ON THIS IN YOUR REPORTING THAT THIS IS SOMETHING WHERE WE ARE GOING FROM AN OWNING SOCIETY TO THE SHARING SOCIETY. IT'S AN INTERNET PHENOMENON. WE WOULDN'T HAVE HEARD OF THIS 20 YEARS AGO BEFORE PEOPLE HAD EASY ACCESS TO THE INTERNET. THAT'S WHY THE CITY'S RULES DO NOT ADDRESS AIR B&B VERY WELL BECAUSE THEY HAVE NOT CAUGHT UP TO THE TECHNOLOGY. THEY JUST DON'T HAVE THE INFRASTRUCTURE IN PLACE TO DEAL WITH THESE SITUATIONS AND THAT'S WHY YOU SEE A CERTAIN COUNCILMEMBER TRYING TO SCRAMBLE TO PUT DIFFERENT RULES IN PLACE THAT ADDRESS THE. CARLSBAD IS DOING THAT. THEY ARE IN THE PROCESS AHEAD OF SAN DIEGO CIRCULATING A DRAFT ORDINANCE AND ASSIST IN PLANNING DIRECTOR ACKNOWLEDGING WE HAVE BEEN BEHIND THE TIMES AND WE HAVE TO CATCH UP WITH -- AS YOU POINT OUT THIS NEW SHARING ECONOMY. IT SEEMS APPEALING PICK RICHARD, IS IT SOMETHING YOU WOULD DO IF YOU WERE GOING BACK TO WASHINGTON OR PITTSBURGH? WOULD YOU FIND A COUNTER BEDROOM SOMEBODY'S HOUSE? IT SEEMS CHEAPER THAN A HOTEL. IT SOUND LIKE A GOOD IDEA NOT SURE I WOULD DO THAT. HOW ARE THEY BRINGING THESE TO RIDE SHARE IDEAS TOGETHER WHEN THAT'S THE TWO SHARING ECONOMIES TOGETHER? HOW DO THEY LUMP THEM TOGETHER? MAGGIE NEVER BROKE, -- THE RBL, SEVERAL SITES AIR B&B HOW DO THEY RECOGNIZE -- RECONCILE THEN ? THE RBL, THE PARENT COMPANY HOME AWAY SAYS WE ARE DIFFERENT. VACATION RENTALS BY OWNER. YES. THEY ARE SAYING THE HOST ARE THE MERCHANT OF RECORD WHEREAS AIR B&B IS FOR THEIRS AND I THINK YOU ARE TALKING -- ARE YOU TALKING ABOUT THE RIDESHARING? I DON'T KNOW THAT THEY ARE LINKED BUT UBER AND LYFT -- PART AND PARCEL OF THE SHARING. AND THEY ARE COMPETING WITH THE CABDRIVERS. YES. IT'S THIS UNDERLYING PROBLEM OF THE CITY HAS TO SCRAMBLE TO MAKE RULES FOR IT AND I THINK THEY HAVE RECENTLY ADDRESSED WHETHER LIFT AND UBER CAN GO TO THE AIRPORT AND THINGS LIKE THAT. YOU SEE THEM STARTING TO RESPOND TO THE SERVICES AROUND THE CITY. CITIES ARE -- CATCHING UP WITH HIS SHARING ASPECT. WE HAVE A FEW SECONDS LEFT. WHEN THE DUST SETTLES AND THERE ARE PERMITS TO PAY FOR AND TAXES IN PLACE, WILL IT STILL BE PROFITABLE FOR A LOT OF THESE HOMEOWNERS TO RENTERS ? THERE'S A LOT OF MONEY IN THIS INTERNATIONALLY. SMACKED I SHOULD SAY SO WHAT. BUT I THINK THEY WILL TAKE THERE'S GOING TO BE CUT TAKEN OUT BUT I THINK THEY WILL STILL BE PROFITABLE. IT'S MONEY THEY WOULD NORMALLY GET. THEY MAY SAY I WILL GET A MONTH-TO-MONTH RENTER AND BE DONE WITH IT. THAT MIGHT BE THE ALTERNATIVE IS THAT OKAY. THERE IS ENOUGH, 50%, A CHUNK OF CHANGE DOWN FOR A PERMIT, LET'S KEEP DOING IT I'M STILL MAKING IT MONEY -- MEETING PEOPLE. I DON'T THINK IT WILL GO AWAY. UNLESS NEIGHBORS COMPLAIN. WE WILL LOOK AT THAT AND SEE WHAT THE CITY DOES AS THEY GET TO ROLES. SHIFTING NOW, ABORTION MAY BE LEGAL IN CALIFORNIA BUT IT'S VERY HARD TO GET IN THE IMPERIAL VALLEY. THIS IS SET TO CHANGE THE SPRING WITH AN AGREEMENT BETWEEN POUND PARENTHOOD AND THE EL CENTRO REGIONAL MEDICAL CENTER. IT PAVES THE WAY FOR ABORTIONS TO BE PERFORMED AT CLINIC SET TO OPEN SOON. THAT AGREEMENT IS UNDER FIRE FROM RELIGIOUS CONSERVATIVES. RICHARD, START BY DESCRIBING THE SCENE YOU COVERED AT THE CITY COUNCIL THAT WAS QUITE A MEETING NOT THE NORMAL ORDER OF BUSINESS. I'VE NEVER SEEN ANYTHING LIKE THAT. THERE WERE WELL OF AROUND 2000 PEOPLE. THE ESTIMATES WERE SOMETHING LIKE 4000. IT WAS REALLY A HUGE PRESENCE AND COORDINATED 5 TO 7 FARM OR LABOR BUSES THAT BROUGHT IN DOZENS AND DOZENS OF PEOPLE. THESE WERE -- MOST WERE ABORTION OPPONENTS. CONSERVATIVES. ALMOST ENTIRELY FAITH-BASED OPPONENTS. THERE WAS A SMATTERING OF PRO-CHOICE, PROTESTERS, DEMONSTRATORS THERE BUT THERE WERE NO MATCH TO THE CROWD. THE OVERWHELMING AMOUNT WAS ANTIABORTION FOLKS. THIS IS BETWEEN THE CITY-OWNED HOSPITAL THERE ALTHOUGH WE WILL GET TO THAT IN A MOMENT. THE CITY COUNCIL DOES NOT DIRECT THE ACTIVITIES OF THAT HOSPITAL. AND PLANNED PARENTHOOD. WHAT IS A DISAGREEMENT? IT'S A BASIC TRANSFER AGREEMENT THAT HAS TO BE -- PART OF STATE LAW, HELPED SAFETY CODES. BASICALLY ANY OUTPATIENT OR DOCTOR'S OFFICE WHERE ANY TYPE OF MINOR SURGERY OR SURGICAL PROCEDURES WILL BE DONE AND HAS TO HAVE THE TRANSFER AGREEMENT WITH A LOCAL HOSPITAL FOR CONTINUITY OF CARE AND PATIENT SAFETY. THEY HAVE EXECUTED 20 OF THESE AT EL CENTRO. THIS PARTICULAR SITUATION -- ABSOLUTELY. EL CENTRO REGIONAL IS TAKING IT FROM THE STANDPOINT DEMONSTRATION IS, THIS IS CONVENTIONAL TRANSFER AGREEMENT. THEY PUT IT IN AS INFORMATION ITEM 1 OF THE BOARD AGENDAS. THE HOSPITAL BOARD ? YES, THE HOSPITAL BOARD. ON ONE OF THEIR BOARD AGENDAS AND THAT'S WHEN THE FAITH-BASED COMMUNITY CAUGHT WIND AND PEOPLE I'VE SPOKEN TO IN THE FAITH-BASED COMMUNITY SAID THEY WERE CAUGHT OFFGUARD BY THIS AND THEY RALLIED QUICKLY. IS PLANNED PARENTHOOD CLINIC. ABORTION PLANNED PARENTHOOD, IT'S A SMALL PORTION OF WHAT THEY DO. THEY DO ALL SORTS OF SERVICES FOR WOMEN AND FAMILIES. BUT THIS ASPECT OF IT, THE ABORTION PROVIDER, THEY WOULD BE THE ONLY ONE OUT THERE IF THEY OPEN THIS IN THE CLINK. -- SPRING. SO WOMEN SEEKING AN ABORTION WOULD HAVE TO COME TO SAN DIEGO, OTHER PLACES WITHIN THE REGION. NOTHING THERE. THERE IS NOTHING IN EL CENTRO AT THIS TIME. SO THE IDEA OF THE ANTIABORTION FOLKS IS WE WANT TO KEEP IT THAT WAY. WE WANT TO GIVE IT UP. YES. A LOT OF THIS HAS BEEN THE FAIR SHARE IS IT IS A MORAL ISSUE. BRINGING IT UP AS AN MORAL ISSUE BUT THEY ARE DRIVING THE LEGALITY OF IT. THEY ARE DRIVING THE FACT THAT THEY BELIEVE IS THE BROWN ACT VALIDATION AND THE WAY IT WAS DONE. PUBLIC BUSINESS OUT IN THE OPEN. WHAT DOES THE CITY COUNCIL HAD TO SAY AND THE CITY ATTORNEY THERE? THEY ARE SAYING LOOK, IT'S NOT OUR CALL. WE MAY OWN HOSPITAL AT THE CITY BUT WE DON'T AND MR. BACK IN 1986, THE CITY GAVE UP ITS GOVERNANCE OF THE HOSPITAL. IT DECIDED THAT IT WOULD NOT BE INVOLVED IN THE DAY-TO-DAY OPERATIONS AT ALL. SO IT HAS NOT BEEN A DIRECT -- IT HASN'T BEEN A DIRECT GOVERNING BODY FOR MANY YEARS. THEY DO HAVE THREE CITY COUNCILS THAT SIT ON A COUPLE OF VOTING, COUPLE ADVISORY. BUT IT HAS NO DIRECT IMPACT RIGHT NOW ON WHETHER IT CAN REVERSE THIS -- REVERSE COURSE ON THIS TRANSFER AGREEMENT. AS YOUR STORY SAID, EVEN THE BOARD DOES NOT HAVE -- THIS CAN BE DONE INTERNALLY BY THE MINISTRIES OF THE HOSPITAL AND HAS BEEN DONE WITH OTHER AGREEMENTS ? YES. IN REALITY, UNDER THE WAY THE ORDINANCE IS SET UP AND JUST BE COMMON PRACTICE OF TRANSFER AGREEMENTS, THIS NEVER HAD TO COME BEFORE THE BOARD. I THINK THE HOSPITAL BOARD DID ASK THAT HE BE BROUGHT TO THEM AS INFORMATION ITEM. BUT ONE OF THE ISSUES OF THE BROWN ACT OF THE POTENTIAL BROWN AT VIOLATION IS THAT IT WENT IMMEDIATELY FROM INFORMATION INTO CLOSED SESSION AND THEN IT WAS SIGNED. SO THEY ARE THING LACK OF NOTIFICATION. THE PUBLIC NEEDS A CERTAIN AMOUNT OF DAYS. IS THE CITY -- I THOUGHT I READ THE CITY WAS GOING TO SEEK OUTSIDE COUNSEL OR MORE ADVICE TO SEE IF THERE'S A WAY AROUND THIS AGREEMENT? ARE THEY TAKING SOME AVENUES OR APPROACHES TO TRY TO SEE IF MAYBE -- TO GET RID OF THIS AGREEMENT ? I'M NOT SURE IF THEY WOULD PHRASE IT THAT WAY BUT THEY HAVEN'T COMING OUT OF CLOSED SESSION LAST WEEK, THEY GAVE DIRECTION TO SEEK OUTSIDE CANCEL -- COUNSEL TO SEE WHAT THE LEGAL OPTIONS ARE. THEY HAVE HALF COUNCIL MEMBERS WITH MAKING THAT CHOICE THIS COMING WEEK THEY WILL RECONVENE AND TALK ABOUT WHAT THE DUE DILIGENCE IS UNCOVERED. I'VE DON'T EXPECT THE DECISION TO BE MADE IMMEDIATELY ALTHOUGH IT COULD BE. WHAT IS PLANNED PARENTHOOD, THEIR SITE HAVE TO SAY ALL ABOUT THIS ? I HAD A CHANCE TO SPEAK WITH GARY JOHNSON A FEW HOURS BEFORE THE CITY COUNCIL MEETING. AND WHETHER -- WISHY ? SHE'S THE HEAD OF THE PLANNED PARENTHOOD OF THE PACIFIC SOUTHWEST. PLAN HERE IS PLANNED PARENTHOOD IS NOT A PRESENCE IN ANY OF THESE MEETINGS, HOSPITAL BOARD MEETING, CITY COUNCIL MEETINGS, WHETHER IT'S SOMETHING THAT'S POLICY OR NOT, THERE ARE PRETTY MUCH SAID THAT IT IS NOT GOING TO HAPPEN. THEY DON'T SEE IT AS A SOCIAL ISSUE OR MORAL ISSUE. THEY SEE IT AS A LEGAL ISSUE AND THEY WILL NOT ENGAGE IN THAT TYPE OF DEBATE WHAT ABOUT THE BOARD MEMBERS, HOSPITAL BOARD FOLKS, PEOPLE WHO -- ADMINISTERS AT THE HOSPITAL, WHAT DO THEY SAVE ANYTHING ? TO MEMBERS OF THE HOSPITAL BOARD RESIGNED OVER THIS. AND THE SENSE I GET IS THAT SOME OF IT WAS MORAL BUT I THINK THAT THEY FEEL PROCEDURALLY IT WAS NOT -- THE HOSPITAL DID NOT HANDLE IT WELL. THE OVERALL ISSUE IS THAT THEY DON'T WANT THE HEAT? IT COULD BE. BUT WHAT IS GOING ON HERE IS THIS IS AN EXTENUATING CIRCUMSTANCE. YES, IT'S A TRANSFER AGREEMENT. YES IT'S LOCKED IN STOCK THAT IT HAS TO BE DONE. BUT THE REALITY IS WITH SUCH A HOT BUTTON ISSUE -- I THINK THEY FEEL THEY COULD HAVE GIVEN THE FAITH-BASED COMMUNITY A LITTLE BIT MORE VOCAL TIME IN THE FORM OF THE HOSPITAL BOARD MEETING. I THINK THAT IS WHERE SOME OF THE BOARD -- HOSPITAL BOARD MEMBERS ARE UPSET ON HOW IT CAME TO BE. LORI ? I KNOW PLANNED PARENTHOOD HAS NOT SPOKEN A LOT BUT GIVEN THE FACT THAT THERE IS REALLY NO OPPORTUNITY FOR -- NO ABORTION CLINICS ELSEWHERE IN THE AREA, THEY PLANNED PARENTHOOD GIVE YOU THE IT'S ACCURATE THE LAST NUMBERS WE HAVE IS 2011 DATA. IT IS IN THE TOP FIVE, GREATER THAN 55%. TEEN PREGNANCY RATE IS HIGHER THAN -- TOP FIVE IN THE CITY. YOU THINK THEY GIVE YOU A SENSE OF THE NEED AND DEMAND FOR THIS. YES. A FEW SECONDS LEFT. WHERE DO WE STAND NOW? SUPPOSED TO OPEN LATER THIS SPRING BUT MAYBE IN DOUBT ? THE TRANSFER AGREEMENT HAS BEEN SIGNED. PLANNED PARENTHOOD IS MOVING FORWARD THEY PLAN TO OPEN IN APRIL. I THINK AS A SIDE NOTE, THE FAITH-BASED COMMUNITY FELT LIKE IT WAS CAUGHT OFF GUARD HERE. THEY HAVE NOW SINCE MOBILIZED INTO A NUMBER OF DIFFERENT SUBCOMMITTEES. WE WILL HAVE TO SEE THE OTHER SIDE COMES FORWARD. WE WILL LOOK FOR MORE REPORTING ON THAT THANK YOU. THAT RATS ANOTHER WEEK OF STORIES ON THE KPBS ROUNDTABLE. I WOULD LIKE TO THANK SARA LIBBY, RICHARD MONTENEGRO AND LORI WEISSBERG. A REMINDER ALL THE STORIES WE DISCUSSED TODAY ARE AVAILABLE ON THE WEBSITE TRENTON. I'M MARK SAUER THANK YOU FOR JOINING US ON THE ROUNDTABLE.