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New Shutdown Orders Put Otay Mesa Business Owners 'Weeks' From Closing Permanently

 December 8, 2020 at 12:55 PM PST

Speaker 1: 00:00 San Diego businesses calculate how long they can hold out. Speaker 2: 00:05 I'm thinking seven weeks. That's my prediction. That's what I did this weekend. I got there. When I crunched the number Speaker 1: 00:10 I'm wearing Cavenaugh with Mark sour. This is KPBS midday edition, A new day dawns for DACA recipients. As a court order restores the program. It means everything to have a work permit and be able to provide for your family. Plummeting grades are a red flag for San Diego's distance learning programs and a retrospective of San Diego's changing landscape from long time. San Diego journalist, Roger Sholay that's ahead on midday edition, Speaker 1: 01:00 Newly diagnosed COVID cases in San Diego continue at their highest level. Since the pandemic began, nearly 2000 cases were reported on Monday with 50 new hospitalizations. It's these soaring rates of infection that state officials are hoping the new stay at home order will help bring down, but the business shutdowns will have consequences of their own as business owners and their employees struggled to stay a float for at least the next three weeks. Joining me is Mario Gastelum owner of Christina Herrera hair salon in OTI Mesa. His business was shut down in the spring. Now it's closed again, and he's experienced both sides of the pandemic. Some of his family members have come down with a virus. So Mario, thank you so much for Speaker 2: 01:47 No, my pleasure. Thank you for having me. Speaker 1: 01:49 Are you getting the hair salon back up on its feet before this new lockdown was announced? Speaker 2: 01:55 Oh yeah, it was back up on a seat and thriving really, if I say so myself, my wife is a, a, an excellent hairdresser and, uh, she's even a cosmetology instructor or over 20 years now. And, uh, we were doing really good. I mean, we've been in business. Uh, we opened up this salon, um, in, uh, because we've had a salon before, but anyways, we've opened up the salon since September 24th of 2019. And we started, uh, slow. I can't even say this, but, uh, we were hitting our stride in March and we got shut down and we survived that there. I did have to sell a car to get it going again, but, uh, we were hitting our stride again. Hello, here we go again Speaker 1: 02:50 This year. I mean, what has this year of back and forth opening and closing been like for you, Speaker 2: 02:54 Jimmy Fallon described it last night. It's hard to be a one year. That feels like been 30. You know, it's how I think that's how I described it as the longest year ever. Just stepping down emotionally, uh, financially now, you know, it's hitting me, it's hitting you everywhere. You don't know what, look it comes. It's coming from every side. Yeah. Speaker 1: 03:15 Lots of businesses got a payroll protection funds because they had employees. Now I understand the hairdressers who rent chairs at your salon are not employees. So was there any funding either from the city of San Diego or the County that you were eligible for? Speaker 2: 03:32 I applied and since I didn't have any employees, I was arguing for a thousand dollars. It takes $4,000 from you to run this a lot. I mean, I figured that out without much expenses, without running too much, you know, without having to, uh, have the lights on for a long time, I guess, so to speak. Um, so a thousand dollars, it was just ridiculous. Really? Speaker 1: 03:55 You haven't just experienced the pandemic through business hardship. Your family has suffered from the virus. Can you tell us about that? Speaker 2: 04:05 I have a 69 year old sister. She got it through a neighbor of hers. All a neighbor of hers came back from Venezuela. She told me she came back and she was just, you know, the front door and we're just talking and it was cold outside. So I felt sorry for her. I let her in anyway. So she got, she got infected and, um, I was, I was really worried for her because, you know, 69 years old, she, uh, she had, uh, he's had lung issues in the past. And, uh, her husband has diabetes, hypertension, and I was really scared. Luckily she went to the hospital for a couple of days and they were able to get her, uh, her, um, oxygen saturation up and she bounced back. I was really surprised, uh, and, and blessed and thankful that, uh, she was her husband, surprisingly with diabetes, uh, got a cold and, and really didn't have that many symptoms that I was surprised yet. My wife, her, um, 38 year old niece who lives in, in Mexico. She got it really bad. She was in the hospital for two and a half months. She was intubated. And, uh, she has the scars to prove it. I was really scared. We were scared for her. Um, she ended up surviving. She's still not a hundred percent though. And, uh, and, but she pulled through, luckily we haven't had any deaths, so, but it's been, that's pretty close. Speaker 1: 05:38 You know, Mario, how long do you think you can take another closure? Speaker 2: 05:44 Um, um, I, I'm thinking seven weeks. That's my prediction. That's what I did this weekend. I got there and I crunched the numbers and I looked into my savings. I looked into my 401k, uh, I'm retired at T and T uh, telecommunications major. I would point to [inaudible] and I was able to save up some money. I have my 401k, I, haven't not been old enough to get into my pension yet and a half, but anyways, um, um, seven weeks attached to your question is my calculation. Speaker 3: 06:15 Seven weeks. Have you thought about what you do then if it lasts that long? Speaker 2: 06:20 I don't know if he would. I don't, I don't know. Um, I, I, you know, look for another job. Um, my wife, I know she can be an instructor at a, at a cosmetology school. They've always asked for her back. Um, so you might have to look for something, you know, another, another type of a job. Speaker 3: 06:41 Well that I, I appreciate that. I appreciate speaking with you. I'm glad you took out the time to do this. I've been speaking with Mario Gastelum owner of Christina Herrera hair salon in OTI Mesa, Mario. Thank you so much. Good luck. And thanks for speaking with us. Speaker 2: 06:56 Yes, no thank you for having me. Thank you. All. Take care. Speaker 3: 07:03 Positive COVID tests and hospitalizations are both at record highs throughout California. Doctors and nurses are bracing for the worst at a moment when they themselves are particularly vulnerable. KQBD science reporter, Leslie McClurg reports, only one bedroom maned. When Deontay Taylor left the emergency room at the end of a recent shift, he's a respiratory therapist at a hospital in Oakland. Speaker 2: 07:28 When I left, we had one trauma room that was open to run a trauma, and every other room was Speaker 3: 07:35 By the end of this week. He expects the surge to capsize his hospital. Speaker 2: 07:39 I think it's going to be chaotic. Only severe patients will be admitted and probably taken care of just because we can only keep the worst. Speaker 3: 07:49 Taylor says the problem isn't enough beds or even equipment like ventilators. Speaker 2: 07:54 You just don't have the staff to take on new patients. Speaker 3: 07:58 Taylor says personnel is down across the hospital, summer home, taking care of kids because schools are closed. Others are sick themselves. One staff member recently died of COVID because hospitals across the country are running short on staff. It's making it harder for California to recruit from that same pool of people. We're tired de Norwich and chia is a pulmonologist specializing in critical care at a hospital in orange County. There's only so many words you can use to describe the extreme fatigue. Watching the COVID numbers soar in recent weeks, fills her with dread and nausea. She says she can't eat. Okay, because this is real. You know, I've had patients with told me that they don't believe that there's exists until they've ended up in the hospital. Why have people lost faith in physicians? It's brutal taking care of so many patients who don't make it. Dr. [inaudible] is a pulmonologist at mercy San Juan medical center in Sacramento. He says months of pandemic care leaves, many providers traumatized, Speaker 4: 09:03 You know, like it's, it's like post-traumatic stress disorder that it will all go through. It is a communal sense of grief. Speaker 3: 09:10 He says his ICU is filled with lifeless. Sedated bodies kept alive by machines. The floor is strewn with masks and gowns nurses, race between patients. He likens it to a war Speaker 4: 09:23 Water's on because this patients can crash very quickly. Yesterday. I was on call for telemedicine and I had three patients crash within five minutes of each other. At the same time in another hospital, there were three patients with cardiac arrest. One after one, Speaker 3: 09:40 There's often not time to honor his patients dying requests. Dr. Berta remembers an older woman who hadn't seen her, a strange son in decades. She finally called him, but the son couldn't visit his mother because of pandemic protocols. Speaker 4: 09:54 This lady could not have the son at the bedside. And she treated me as a son and wanted me to hold her hands when she dies. And I could not live up to that Speaker 3: 10:04 Right at the end, Dr. [inaudible] was called away to treat someone else Speaker 4: 10:08 Somewhere in the back of my mind. It is haunting me and I do not know how long it will haunt me. Yeah. Speaker 3: 10:18 Currently his hospital hasn't had to turn anyone away, but he says that could change overnight. Dr. Brucella says, please stay home. Stop spreading the virus. That's what could help right now? That was KQBD science reporter. Leslie Speaker 5: 10:34 Third Speaker 3: 10:38 As end of semester, grades and test scores start to roll in. It's becoming clear that the pandemic is taking a serious toll on student performance, KPBS or education reporter. Joe Hong explains what educators and San Diego County are doing to address the higher rates of failing grades this year. Speaker 5: 10:58 Um, for my classes right now, the grades are, they're not wonderful. They don't look great. Speaker 6: 11:03 Normal years. Damian Patterson says he has about five or six students with D's and F's. But this year among his 37 students, I grossed one high school and alcohol, 12 students have F's. He said, learning from home has come with obvious challenges. Speaker 5: 11:16 It's hard to focus when you're surrounded by, you know, you're in your bedroom, it's comfortable. You have your bed there and your TV, the PlayStation or whatever, Speaker 6: 11:24 But he says that it's only a part of the problem. Some of his students have shoulder burdens beyond their schoolwork, since the pandemic hit. Speaker 5: 11:31 Um, some of them have jobs that they're working. Um, I had a, are taking care of siblings while their parents are working or going to school. Speaker 6: 11:38 These issues are not unique to Grossmont high or even San Diego County schools across the country have reported more D's and F's, since COVID 19 shut down schools, it's yet another stark reminder of how hard it's been for educators to hold students accountable while being to their needs during distance learning. Theresa Kemper is the superintendent of the Grossmont union high school district. When schools first closed in the spring, the district adopted a no harm grading policy. And she said, some students just stopped trying. Speaker 3: 12:06 We did want to provide more accountability. So coming into this school year, we said, grades are on, you know, you're starting the year fresh this way. So everything matters. Everything counts in the classroom. Speaker 6: 12:20 The district saw the uptake and failing grades, principals and counselors ramped up outreach efforts and started a credit recovery program through which students can make up missed work. Speaker 3: 12:29 What units or what assignments did students miss that quarter that may be, uh, afterschool before school in winter session in December, January, they can work with teachers to make up, to go back and fix that grade Speaker 6: 12:44 Power unified school district. About 7% of all grades are F's this year, which is nearly twice the percentages. Last year, David LeMaster is the executive director of learning support services at the district. He says the most effective remedy has been bringing students back to campus. Even if it's just for one or two days a week. Speaker 7: 13:01 When we see a student who's struggling, the principal counselor will reach out and offer them the ability to come in and learn virtually on campus. And that has really helped, uh, to re-engage um, the student into, into the learning. Speaker 6: 13:17 The master said, he's not too worried about long-term consequences. He's confident that teachers and counselors will be able to keep students on the right path. Speaker 7: 13:24 I think we're early enough in the year where we can catch those, those students and still get them back on track and ready to go so that it doesn't affect the numbers of kids graduating and, or getting into the colleges that they want to get into. Speaker 6: 13:37 And Grossmont Patterson says this year has proven that there's no real substitute for an in-person class. Speaker 3: 13:42 Students just tend to do better. And the environment and side of a classroom where they're in front of a teacher and are kind of held accountable and, you know, um, they have teachers and different ones to check in on them and make sure that they're on task and things like that. Joe Speaker 6: 13:57 Hong KPBS news. Speaker 1: 14:05 This is KPBS midday edition. I'm Maureen Cavenaugh with Mark Sauer. The department of Homeland security has officially announced it's once again, allowing first time applicants to apply for DACA late last week, a federal judge ordered DHS to suspend its limitations on the deferred action for childhood arrivals program because the court said the acting DHS chief had no authority to limit the program. The ruling comes after a dizzying years, long tug of war between the courts and the Trump administration's efforts to eliminate DACA. The court ruling restores the program just weeks before Joe Biden, who promised to uphold DACA takes office as president of the United States. Joining me is Dulce Garcia, uh, San Diego immigration attorney and DACA recipient, Dulce. Welcome back to the program. Thank you, Marine. What does this ruling do for DACA recipients? What limitations does it take off the program? Speaker 8: 15:04 It restores the program as it was before Trump attempted to take it away on September 5th, 2017. So it essentially Roberta the program back to how it was announced in 2012, where new applications are now being processed and advanced parole is back, uh, without the limitations. Uh, so the most recent memo from DHS restricted, our ability to travel abroad only to some circumstances that an officer would find extraordinary and a necessity to leave the country for humanitarian reason. Now, advanced parole restored, and we can travel for educational purposes as well as for work purposes, which is a huge deal for those of us that have been, uh, experiencing death across the border, without the ability to see our families. So more than 300,000 DACA applications are going to now be processed that were waiting in the last three years to process. So this is actually huge news for the program to not only stay in place, but be reverted back to how it was being implemented before Trump is huge and it extends Speaker 1: 16:13 And stock authorization back to two years, you don't have to keep applying every year as you, as you were required to just recently. Speaker 8: 16:21 Yes, it's going to be an automatic extension of the one-year permits that were issued, uh, since July 28, because of the latest memo from the Bush administration. Uh, those permits should be extended automatically, and DHS is supposed to provide a notice to every single person that received one of these permits. Um, and the website was updated yesterday. We're pending to see, uh, whether they actually did file this notice as they were instructed to by the court. But that's another big one, you know, as we're going through a pandemic, DHS decided to cut down our permits from two years to one. And that means that we would have to pay the $495 filing fee yearly. So thanks to the efforts from this lawsuit, we revert back to the two year work permit, doesn't Speaker 1: 17:10 Ruling follow a U S Supreme court order earlier this year that wasn't followed by the department of Homeland security. Speaker 8: 17:17 Yes, that has been the most frustrating part that we won our case at the Supreme court with. We have been winning at every state. We, we, we won at the lower court level at the appellate court level and at the Supreme court level, we have been winning against the Trump administration. And instead of this administration, uh, just letting DACA stand as it is, they have taken upon themselves to continue to dismantle it and exactly a month later at DHS, uh, under the act and secretary Wolf decided to dismantle again, the program and here we are, where we're winning again yet, another court battle. Um, and it's still not over because the state of Texas is still continuing its efforts to end the program. So that's why it's been such a difficult last few years because although we keep having our wins in court, uh, we still see the administration continually trying to dismantle the program, even after our win at the Supreme court. What are some, Speaker 1: 18:15 The real life effects of this ruling, restoring DACA? What does it mean weld? What does it mean to you? Speaker 8: 18:22 It's definitely a day to celebrate because so many people have suffered so much by not knowing what their next steps would be after high school, for example. So we had over a hundred thousand high school students graduated without the certainty of insecurity of a job because they don't have a work permit or to know that they could be deported at any moment. This provides a little bit of peace of mind to know that at least for the time being they're not deportable. And that means everything. Um, these folks that are graduated from high school can know that they're going to be here, uh, lawfully working and being able to pay for their studies. It means everything to have a work permit and be able to provide for your family, this whole process. The last three years highlights the need to have this be a permanent thing to, to have permanent security, to provide a path to citizenship so that all of these issues are not are resolved permanently so that we don't have to constantly worry about how we're going to provide for our families, Speaker 1: 19:27 Joe Biden, taking office. Are you hopeful that there may be a more permanent resolution for the dreamers people brought to this country as children and even for em, immigration policy, Speaker 8: 19:41 Um, everything, everything depends on what will happen in the Georgia runoff elections, this coming January. So it's important still for us to keep mobilizing and get the vote out in Georgia. So it there's still anxiety. There's still uncertainty. Uh, we'll see, what's going to happen on the Texas hearing, uh, December 22nd. But as I mentioned, really, in order for us to have peace of mind, what we need is a path to citizenship, uh, that was not going to happen with the current president, but as Biden comes into office, we expect that, uh, Biden will be an ally for us. And DACA will be continued at the minimum with the hopes of having a path to citizenship. Speaker 1: 20:20 I've been speaking with Dulce Garcia, she's a San Diego immigration attorney and DACA recipient, Dulce. Thank you so much. Thank you again, as the legal battle to reinstate DACA raged on in the courts over the last three years, current and potential DACA recipients were left in limbo, KPBS reporter, Tonya thorn talked with two DACA recipients about their experiences Speaker 8: 20:45 I've had, did know that I was, but I kind Speaker 9: 20:48 Of didn't know what that meant. Luna [inaudible] arrived in the U S from Mexico with her parents and younger brother when she was only five years old, when she turned 15, she was eligible to apply for DACA, the deferred action for childhood arrivals. And that process was really intense. I know that for me, I literally just wanted to give up because I was like, is it even worth it? Luna has been documented for four years, approximately 750,000 DACA recipients in the U S have gone through journeys, similar to Luna's. She is now a first-generation college student studying to become a pediatrician or OB GYN. When the pandemic hit Luna needed to help support her family financially until she contracted COVID-19. I wanted to have as minimal contact with them because I know they had jobs, they got sick. Then we would even be in a worse situation. Despite living under the same roof. Luna was the only one in her family to get sick for us to take time off work, to recover. Luna still needed to navigate the ever-changing DACA renewal and pay the $495 filing fee. Kevin Tracy is a San Diego attorney who handles DACA cases. He says, president Trump terminated that guy in 2017 to force Congress to take action. Speaker 10: 22:06 Congress is the body that an acts immigration legislation, although it was implemented in 2012 for 18 years, before that you had the dream act and the dream act had been in Congress for over 18 years. And they could never agree as to how to implement it. Speaker 9: 22:30 New DACA applications haven't been taken since the Trump administration suspended the program in 2017, Mary and Martha Garcia is another dreamer who came to the U S from Mexico in 2001, when she was one and a half years old, when she turned 15, her parents helped her apply for DACA, granting her driver's license and work authorization. Like I was never discouraged because of my thought, if I just saw something that was like, Oh, like permanent residents and us citizen, I'm like, okay, well I want to put it up. And then I just kept looking for, um, other resources, her perseverance, to look for opportunities, letter her to transfer from community college, to UCLA, where she is studying global health and biology. Marianne says her personal experience with DACA helped you look at the pandemic from a different point of view. Cause I live in unthreatened every single day. Speaker 9: 23:19 Like that's my life. So for me, I was like, Oh, okay, well, the government's going to control whatever. And then we're just going to do it, you know? And like, because that's been my life, you know, like the government's like, okay, well now DACA is only one year. And I was like, okay, well now it's 20 years. While the Trump administration continues, its legal fight over DACA, both Luna and Marian have high hopes for president of like Brighton who has pledged to reinstate the program after taking office. I do have high hopes for, um, this new administration and yeah, I mean, all we can do is really wait, hold on, like go out, um, and then show them that we're here and that we're here to stay. Speaker 1: 23:56 This story was produced with support from the economic hardship reporting project. Joining me now is KPBS North County reporter Tanya thorn, Tanya, Speaker 9: 24:07 Thanks for having me, Maureen Speaker 1: 24:09 Luna, quarantine successfully when she got COVID, none of her family got sick, but if they had hasn't California tried to calm the fears of undocumented people who might get sick. Speaker 9: 24:22 Yeah. You know, we've seen a lot of outbreaks within the Latino communities and there has been an array of resources available to the undocumented community. If they happen to get COVID, you know, there's been resources like food hotels to quarantine in some financial support. But what I got from Luna is that this help ultimately isn't enough to cover rent and other expenses for many households. And that was their biggest worry. Speaker 1: 24:47 The attorney in your report says the Trump administration tried to terminate DACA to force Congress, to act quite a few people might disagree. That was the president's motive. But even if it's true, it hasn't really worked. Has it? Speaker 9: 25:01 It really hasn't. I mean, from what the attorney said is that the dream act sat in Congress's hands for 18 years before Obama came into office and passed the executive order for DACA. What I think the holdup really is, is whether or not VACCA will grant a path to citizenship or residency will DACA recipients then be allowed to petition for their families who entered the country illegally. I mean, if this is an opportunity they get, it would ultimately defeat the system. That's already in place for many applicants who have applied for citizenship, the correct way. What are the Speaker 1: 25:36 Luna and Marion Mata hoping changes in the new Biden administration. Do they want to see DACA renewed or immigration reform that provides a pathway to citizenship? Speaker 9: 25:47 You know, both Luna and Marion are students trying to get into the medical field to help their communities. And I think that access to that opportunity is what they want, whether it's through a DACA renewal or an immigration reform, of course, both of them hope that citizenship would also mean giving their parents a chance to get ahead for their sacrifice in getting them here. I mean, they were able to go to school and get ahead, thanks to them coming here, whether it was illegally and you know, Biden has stated that one of the first things he will do is reinstate Baca upon taking office. So both of them are very hopeful and, you know, Speaker 1: 26:24 To a larger issue, it sounds like while living through this pandemic, we could all learn from these DACA recipients, how to live with uncertainty. Tell us more about how these young women, how they stay focused on their dreams, despite the confusion surrounding them. Speaker 9: 26:40 You know, Marian couldn't have said it better while the world is scrambling wondering when restaurants will open, when graduations will take place again, when life will go back to normal, they don't have a normal most of their life. And what they're able to do has been determined by the government through Baca. Although we are all limited in one way or another. Now due to the pandemic, there is hope for the future. Speaker 1: 27:03 Tonya, was there anything that surprised you about doing this report, where you startled by the attitude that Luna and Mary and Mata have about this situation? Speaker 9: 27:14 You know, well, Luna is a first generation college student and she mentioned having a navigate the education system all by herself because she was the first person in her family to go to elementary school, middle school, high school, and now college. And you know, her parents didn't really have a background on what to do with school. So ultimately she had to guide herself into even the DACA application and Marianne, you know, her attitude is just a great, I mean, even though she is very limited because of her status and she was granted DACA, I could tell that she just looked on the bright side of things. I mean, she said when she was applying for scholarships and universities and college, if, if some of the requirements, you know, disqualified her, she would just go look for another opportunity. She opened up clubs and just reached out the counselors and her attitude was just very positive throughout her entire situation. And even until now, and looking forward into the future, past the pandemic. Speaker 1: 28:13 Okay. Then that's why they call them dreamers. I've been joined by KPBS, North County reporter Tanya thorn, Tanya. Thank you. Thank you, Maureen. After a major federal court ruling last week, the department of Homeland security has now been ordered to start once again, accepting new DACA applications, Speaker 11: 28:36 A little known board within the San Diego County Sheriff's department has come under scrutiny in federal court. The critical incident review board or curb looks at deputies use of force notably in cases resulting in deaths, one such in custody, death of a man suffering from schizophrenia prompted the federal lawsuit in which the secrecy of curb investigations is under attack voice of San Diego reporter Ashley McGlone investigated curbs role in this case. And she joins me now, Ashley, welcome to the program. We'll start with the critical incident review board. What is curve's role who's on the board? What does it do? Speaker 9: 29:12 It's comprised of five people. Four of them are high ranking commanders, one from each Bureau within the department. And then there's also the Sheriff's department's chief legal counsel. Who's a non-voting member. Um, and what they do, what they list in their policy as their top priority is to discuss anticipated litigation, following use of force incidents, things like, you know, force that results in great bodily injury or death or officer involved shootings. Um, but they also do other things. They take a look at, um, investigations when there is a death, for instance, Speaker 12: 29:43 Um, and decide whether those officers violate with it, whether they believe the officers violated policy or procedures and deserve actual possible discipline at the hands of internal affairs. So they get to decide whether those cases go to internal affairs often, and then they also sometimes can make broader recommendations for changes to policy or procedures based on specific insights. Speaker 11: 30:03 And, uh, this curve board is completely separate from the citizens law enforcement review board, Speaker 12: 30:08 Correct? Yeah. This is an entirely internal board. Um, the citizen's review board is external and doesn't actually have any power over the Sheriff's department's decision-making this body internal has actually quite a lot of power. Um, and that's one of the values that the undersheriff told me it has is that these are high ranking commanders and they have the power to make changes that they see are needed following use of force incidents. Speaker 11: 30:32 And tell us briefly about the case of Paul Silva, whose mother called police for help during an emergency. What happened? Speaker 12: 30:38 Yeah. So in February, 2018, uh, Paul Silva's mother called, uh, San Diego police for assistance with her son's psychological breakdown. He was known to have suffered from schizophrenia. She told him that, um, but instead they dispatched, uh, police, not their psychological sort of specialty unit, but a normal patrol officers who responded to the scene and did a sobriety test and suspected he was under the influence of a controlled substance. So rather than taking them to sort of a mental health facility, they booked him in the downtown central County jail. Um, and where he remained there for 36 hours without medical treatment, your in tests would show that he was not under the influence of any controlled substances. He was just having a psychological breakdown. Um, but then things escalated into an altercation with officers, uh, who were trying to extract him from the jail again, 36 hours later. And it resulted in him falling unconscious and then dying in a coma. Speaker 11: 31:33 Now this case was ruled a homicide. That's a course, a death at the hands of others, but no deputy or other person involved was charged with a crime. What role did the critical incident review board play in this case? Speaker 12: 31:44 Right? So after the death, they received the initial internal homicide investigative report, and any evidence that was available, like there is video footage of this altercation that took place in his jail cell, they reviewed it and they made the decision to not refer the case to internal affairs, which again, that would be the body that could possibly meet out any kind of discipline for the officers involved to our knowledge. No other changes were made, but again, the actual report itself and the actual outcome beyond the decision to not send it to internal affairs remains under wraps. Speaker 11: 32:16 And now Paul Silva's family has filed suit in federal court. What's their attorney requesting regarding the secret operation of curb, Speaker 12: 32:23 Right? So they actually are asking for three years worth of curb reports. They believe that there's been an environment fostered by curb and other, uh, internal mechanisms at the Sheriff's department that are supposed to be there for accountability for officers that have instead in their mission and have perpetuated an environment where officers can act and kill with impunity. They point to a long list of in custody, deaths and stats that show that San Diego counties in jail custody, death rates are, uh, exceed other large County jail systems. And so they want to see, okay, well, if this body exists to hold officers accountable, how often do they send these officers onward to disciplinary hearings? And how often do they sort of give them a pass? So that's what they're seeking at this time. Speaker 11: 33:08 What is the response from leaders at the San Diego County Sheriff's department? Speaker 12: 33:12 They say these, these reports and these that they activities specific to this board need to stay confidential. And not only is, you know, the role of the attorney, inextricably linked with all of their activities. It actually is for the public good. Um, undersheriff Michael Barnett tells me it would be a disservice to make those reports public. Um, they say that the quality of the review that's done, uh, would, would worsen if they knew that those reports were to be made public. When these meetings are held after a use of force incident like an in custody death, they want the unvarnished truth. They want people to be able to talk candidly about what happened without fear of it getting leaked or released to the media or any other person. Speaker 11: 33:49 And you interviewed an attorney who represents families, filing wrongful death suits against the Sheriff's department, as well as the ACLU. What do they say about Sheriff's officials insisting that the workings of curb remained secret? Speaker 12: 34:01 I believe that the presence of the attorney on the board is essentially a smoke screen, um, that much of its activities, the decisions to send the case to IAA are not, um, broader recommendations about policy or training changes. Those can all be done without an attorney. And so there is a place for an attorney to consult them for anticipated litigation, but these reviews happen with, or without litigation. And these sorts of fact-finding discussions could also occur without an attorney present. And so to then have an attorney on the board and throw up the attorney client privilege over all of its activities, they, they feel that that's just disingenuous Speaker 11: 34:37 And the federal magistrate handling this issue and the Silva families' lawsuit. What's he said about secrecy surrounding the critical incident review board. Speaker 12: 34:46 Yeah. At this point. So the County again was fighting to really release nothing to this family, through the discovery process in federal court about its curve activities beyond what sort of the manual says it does. Um, and the judge said, you know, know what cases go to curb? Um, that in and of itself is not automatically confidential because an attorney is on this board. Uh, so he has ordered, he has disagreed and, and rejected their attorney, client privilege claim over everything related to curb. And at this point he has said, you will produce a factual list of, uh, you know, short summaries of each case that has gone to per, uh, curb over this three-year timeframe. And sort of he'll take up any further discovery disputes, but potentially later this month, and he's not totally convinced or even, uh, fully understanding at this point, why the County has the curbs set up exactly way it does. And what the role of the attorney is at every step of the way in their proceedings. Speaker 11: 35:42 What's the timetable here, when might the silver suit and this a secrecy issue be resolved, Speaker 12: 35:47 Right? So the, the judge handling the discovery dispute in this case said that he will take up lingering concerns as early as this month. Um, so he maybe would decide something this month or maybe early next year. Um, an actual trial date will, is not expected to be set until much later, maybe November of next year. Um, and then the trial itself may be not until 2022, um, but efforts to get this case dismissed outright by both the County and actually the city of San Diego, which is also being sued as a defendant since they were the police that made the arrest, um, and, and a medical group, uh, that had provided nurses to the jails. Uh, those efforts have been shot down. And so this case is proceeding as we speak Speaker 11: 36:24 Well, we'll see what happens with the followup on all of this. I've been speaking with reporter Ashley McLaughlin of voice of San Diego. Thanks very much. Speaker 12: 36:31 Thank you. Speaker 11: 36:45 I'm Mark Sauer with Maureen Cavenaugh and you're listening to midday edition on KPBS, dial back a half century or more in San Diego. It's astonishing to see how different things were. You see San Diego and the Salk Institute were in their infancies San Diego state was a college, not yet a university. The Padres didn't join the major leagues until 1969. When they had a brand new stadium, a few miles East of the brand new sports arena, these milestones, and much more are included in San Diego memories at time of change, the 1960s and 1970s. It's by long time, San Diego journalist, Roger, Shirley, and he joins me now, Roger, good to have you back on the program. That'd be with you Mark. Well, let's start with the 1960s, hard for people our age to realize that is 60 years ago. But what about San Diego? And what was it like at the start of that tumultuous decade? How big was the city who lived here? Speaker 13: 37:38 Well, it wasn't yet one of the top 10 cities in America. Uh, it was still growing and growth was a big thing. So in those days, San Diego was trying to diversify its economy and you've mentioned D and sock Institute and San Diego state, all part of the drive to become a high-tech research and development center of America. Speaker 11: 38:00 Right. I want to ask you about that. The sixties were a great time of change culturally, and of course, great tragedy in the national level with the riots and the assassinations, the Vietnam war. How did San Diego figure into all of that? Speaker 13: 38:12 Well, we were not, uh, immune to, uh, all kinds of, uh, movement squat. In those days. There was, there was a protest demonstration in front of the, uh, El Cortez hotel because of a, a, a battle over fair housing laws in California. We had the same issues in San Diego over discrimination and inclusion. Um, women were beginning to become and more, uh, prominent in San Diego affairs, not only getting elected to office, but there were scientists, researchers, women standouts in every field of San Diego life. Speaker 11: 38:48 Now, what were some of the major accomplishments here in the 1960s? I did mention the, uh, the, a couple of new stadiums and pro sports came to town. Speaker 13: 38:57 Well, let's see, you mentioned the universities. I think that's probably the most important thing in the 1960s and seventies, San Diego became a national, uh, uh, major, major league sports city with the charters coming in 1961. And you mentioned the, uh, pottery becoming a major league team at the end of the decade. We also go into the seventies. We're trying to become a, a, a major league basketball team center, which didn't work very well. Speaker 11: 39:24 Right. But at one point we had three major league teams here in, in the period you're writing about. Speaker 13: 39:30 Yeah. So I was surprised how, uh, sports came away and it was always a major, uh, come on for big cities though. You can't be a major league city of other major league teams Speaker 11: 39:41 Before we move to the seventies. Tell us something about the sixties here that younger people, or those of us who moved here from elsewhere might not know about San Diego in the sixties. Speaker 13: 39:50 Well, I think the Vietnam war, uh, movement or antiwar movement was very strong in San Diego, particularly UCLA. I was a student at the campus the second half of the sixties, and I've experienced that firsthand, all the pictures I have included this book. I remember personally witnessing as a student at the time. Speaker 11: 40:09 Well, let's move on to the 1970s off the top of my head. It was the time of mayor Pete Wilson, the moderate Republican establishment fully in charge, right? Speaker 13: 40:17 Exactly. He was, uh, actually probably the most important and influential mayor in San Diego history for on a number of levels. He was the one who, uh, introduced growth management, uh, rules in San Diego, trying to make growth paid for itself. And he was a, uh, leader. We still remember as a returning around downtown in the seventies, he made redevelopment number one priority. And out of that came Horton Plaza, shopping center, the convention center, or the trolley downtown offices, office towers and housing. So B Wilson was very popular in his day. He was reelected three times. Speaker 11: 41:00 So a lot of those, uh, accomplishments and the foundations for things that we saw later, as you mentioned, Horton Plaza, and, uh, some of the rest, uh, were, were done by Pete Wilson. At that time, there was a big push back then and still is now, as you note for a airport that never quite came to be a new airport here, right? Speaker 13: 41:19 No, that was a, in the previous book I did, which was on the forties and fifties, the whole question of, uh, Miramar. And they had the approval and they were going to take over Miramar Naval air station. And some people said, Oh, that's too far away. We'll never need to go that far for an airport. So, and ever since then, as you know, we've been discussing what to do with Lindbergh. And this year, this decade, these two decades, it was culminated in the worst plane crash in American history at the time of the PSA, Christian I 78. And we, a lot of people thought, gee, that if, if we don't move the airport because of that terrible crash, we'll never remove it. And that's turned out to be the case. Speaker 11: 42:01 Well, again, the same question about the seventies, tell us something about the seventies in San Diego that many people might not know. Speaker 13: 42:08 As I mentioned, the pain, the plane crash, the other two big events in 1978, where the, uh, was the arson fire that destroyed the old globe theater and the electric building in Balboa park. Uh, we had a terrible school shooting by Brenda Spencer in 1979, but then on the plus side, we had all the usual, uh, rock stars most prominent with in the sixties was the Beatles, but we had the BGS in the seventies, you know, or Elvis Presley came here five times in the 30 year period. San Diego was Richard Nixon's, so-called lucky town, lucky city. He, whenever he was running for office San Diego voted in great, uh, uh, celebration of Richard Nixon's political career. He had the Western white house just outside of the caliph County borders up the road. Uh, this period was when the San Onofre power plant was built. And here we are about to demolish that. And then one other thing, the seventies we shouldn't forget is that Comic-Con started in 1970 at the U S grand hotel. There were only 300 people that went to the first one. And now when does that pandemic Comicon draws more than a hundred thousand people, Speaker 11: 43:18 Right? And, uh, I didn't realize at all that I went back, uh, way that far will finally tell us about this series of books on San Diego history. What's the overall concept. And I should note that you're a natural for this having written about the city and region for more than 40 years with the union Tribune and with the roots your family has here. Speaker 13: 43:36 Yeah. Thank you. I went on the day, the day of the week, I was leaving the UT in 19 2018. After that many years, uh, Jeff flight, the editor said, Oh, I have a project for you. And so he told me about this company named pediment, that partners with newspapers around the country to do historical picture books. So they said, I said, sure, I'd love to do that. And they, uh, they have a formula where they have a newspaper usually partner with a history's historical society. In this case, San Diego history center, most of the pictures are come from the unit tribunes, um, photographer work, uh, that are housed at the history center. Speaker 11: 44:12 So many photos and so many stories. Where can our listeners get these ones Speaker 13: 44:15 Books while they're available from the history center? You can go to the pediment publishing company. Speaker 11: 44:22 Now note that we will have those links on our website to go to and the information on how to get these books will, will be there as well. I've been speaking with San Diego journalist and author. Roger Sholay. His latest book is San Diego memories at time of change, the 1960s and 1970s. Thanks, Roger. Speaker 13: 44:39 Thank you, Mark.

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The latest shutdown order from the state has put an Otay Mesa business at risk of closing permanently. Plus, the surge of positive COVID-19 cases and hospitalizations has doctors and nurses bracing for the worst. And early numbers from some large school districts in the county show a jump in D's and F's during the first full semester of distance learning. Then a federal court ruling has restored the DACA program just weeks before Joe Biden, who promised to uphold DACA, takes office as President of the United States. Meanwhile some San Diego County DACA recipients have been left in limbo amid the pandemic. Plus, a little-known internal board that reviews use-of-force incidents at the San Diego County Sheriff’s Department is being challenged in a federal lawsuit. Finally, we talk to San Diego journalist Roger Showley about his book “San Diego Memories: A Time of Change: The 1960s and 1970s.”