How Did California Conclude That It Could Constitutionally Ban the Possession of Billy Clubs?

A case out of the Golden State reaffirms my belief that there are too many unconstitutional laws around the country to count, and that a lot of them are passed by irresponsible legislators with their fingers crossed, hoping that the bogus government restrictions will slip through the judicial net.

For example, did you know that a California law makes it a crime to simply possess or carry a billy club, which is basically a stick? That’s ridiculous, but there was such a law until it was struck down last week by a Judge Roger Benitez, a federal judge in San Diego, who ruled in Fouts v. Bonta that billy clubs are protected by the Second Amendment. Why wouldn’t they be? California really is estranged from basic American values and common sense. (The state’s billy club prohibition would make it illegal for a member of the LA Dodgers to walk to the stadium carrying his bat.) The core of the opinion is this:

This case is not about whether California can prohibit or restrict the use or possession of a billy for unlawful purposes…. Historically, the short wooden stick that police officers once carried on their beat was known as a billy or billy club. The term remains vague today and may encompass a metal baton, a little league bat, a wooden table leg, or a broken golf club shaft, all of which are weapons that could be used for self-defense but are less lethal than a firearm…not everybody wants to carry a firearm for self- defense. Some prefer less-lethal weapons. A billy is a less-lethal weapon that may be used for self-defense. It is a simple weapon that most anybody between the ages of eight and eighty can fashion from a wooden stick, or a clothes pole, or a dowel rod. One can easily imagine countless citizens carrying these weapons on daily walks and hikes to defend themselves against attacks by humans or animals. To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally protected right to keep and bear arms like the billy for lawful purposes.

In early America and today, the Second Amendment right of self-preservation permits a citizen to “‘repel force by force’ when ‘the intervention of society in his behalf, may be too late to prevent that injury.’” The Founders of our country anticipated that as our nation matured circumstances might make the previous recognition of rights undesirable or inadequate. For that event, the Founders provided a built-in vehicle by which the Constitution could be amended, but a single state, no matter how well intended, may not do so, and neither can this court.

What other unconstitutional laws are lurking out there, unchallenged?

Second Most Incompetent Elected Official of the Month: Rep. Barbara Lee (D-Cal)

I was all set to designate Rep. Lee as the Incompetent Elected Official of the Month when I realized that this month, even more than most, President Biden had that honor locked up. So Rep. Lee only gets second place. The long-time California progressive has a substantial dossier at Ethics Alarms, much of it for her habitual race-baiting, but I hadn’t written about her much lately because of the Julie Principle: she’s an idiot, even most Democrats can see she’s an idiot, and thus there is not much to be gained by repeatedly pointing out that she’s an idiot. However, Rep. Lee is running for the Senate to replace the recently departed and slightly less-recently dementia-afflicted California Senator Diane Feinstein, who even at her most reduced mental state was a more trustworthy and responsible public figure than Lee on the best day of her life. Someone like Barbara Lee should be kept out of the Senate with razor wire, but this is California, so you never know.

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More Evidence California Doesn’t Get That First Amendment Thingy…

It’s not the only one, but still…

Assembly Bill 1831, introduced by California Assemblyman Marc Berman (D–Palo Alto) this month, would expand the state’s definition of child pornography to include “representations of real or fictitious persons generated through use of artificially intelligent software or computer-generated means, who are, or who a reasonable person would regard as being, real persons under 18 years of age, engaging in or simulating sexual conduct.”

Does Berman comprehend why the possession of child pornography is a crime in the first place? Clearly not. Somebody please explain to him that the criminal element in child porn is the abuse of living children required to make it. The theory, which I have always considered something of a stretch but can accept the ethical argument it embodies from a utilitarian perspective, is that those who purchase or otherwise show a proactive fondness for such “art” in effect aid, abet, encourage and make possible the continuation of the criminal abuse and trafficking of minors. It is not that such photos, films and videos cause one to commit criminal acts on children. That presumption slides down a slippery slope that would justify banning everything from Mickey Spillane novels to “The Walking Dead.”

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From the “Res Ipsa Loquitur” Files…Ethics Dunces: Parents Who Allow Their Daughters To Be Subjected to THIS

That’s Henry Hanlon, apparently a male basketball player who “identifies” as female. Clearly, it’s good for his ego. (Can’t tell who I’m talking about in the photo? Guess!)

The San Francisco Waldorf high school girls basketball team is on a roll, thanks to its court domination by team captain Henry Hanlon. No, he doesn’t even bother to carry a female name. California’s Interscholastic Federation (CIF) established “Gender Identity Participation” rule in 2013, and it is bats.“All students should have the opportunity to participate in CIF athletics and/or activities in a manner that is consistent with their gender identity,” the policy states. As CIF’s Associate Executive Director Brian Seymour explains, “All of our athletes, all the eligible athletes, are afforded the opportunity to compete with the gender they feel most comfortable with.” Oh. I can see where a high school athlete might be “most comfortable” with a fanciful gender ID that allows him to feel like the Harlem Globetrotters playing against their eternal patsies, the Washington Generals.

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Musings on Jesse Otero, the Human Broken Window

Jesse Leonardo Otero, 44, has been arrested 90 times for shoplifting in the Bay area of California, most recently this month. He is a drug addict, homeless, and supports himself by shoplifting and selling stolen property, often stealing from the same stores over and over again. He doesn’t discriminate, though, targeting small businesses, big-box stores, or whatever seems convenient at the time. He isn’t just lifting candy bars: when Jesse steals, it’s usually hundreds of dollars of merchandise at a time. Local police and store managers know him by name. The manager of Five Little Monkeys toy store in Albany, California, for example, says she has reported Otero to police more than 20 times. Jesse ranged far and wide in his shopping trips, and is an expert on the BART transit system, which he uses to hit stores at every stop.

Nobody has kept count of the number of days Jesse has spend in jail for his exploits, but it isn’t very many. The usual routine is that police give Otero a citation and release him. Sometimes, as with this month’s arrest, he is arrested and jailed for a short time, then let out of jail free, just like in Monopoly. All of this ridiculous pattern is due to California voters, in their wisdom, passing a law in 2014 that weakened penalties for everything Jesse does, like illicit drug use, vagrancy, petty theft, and shoplifting. Prosecutors now can’t file a felony shoplifting charge unless the items taken top $950 in value.

Multiply Jesse by several hundred (or thousands?) and you can understand why so many stores in California are experiencing ruinous shoplifting. Social justice warriors, advocates of “restorative justice” and those who regard the fact that a disproportionate number of those in prison are black as proof of systemic racism dispute the validity of the “Broken Windows” theory, but California’s experience is one more bit of significant evidence that the theory is sound.

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Ethics Dunce: The California State Government, But You Knew That.

Gov. Gavin Newsom has signed Senate Bill 673 into law. The measure will create a missing child alert system for black children only. This is the guy who wants to be President.

NBC News reports, “The law, which will go into effect on Jan. 1, will allow the California Highway Patrol to activate the alert upon request from local law enforcement when a Black youth goes missing in the area.The Ebony Alert will utilize electronic highway signs and encourage use of radio, TV, social media and other systems to spread information about the missing persons’ alert. The Ebony Alert will be used for missing Black people aged 12 to 25.”

If a white child is missing, well, too bad, honky’s got their own alert. “California is taking bold and needed action to locate missing black children and black women in California,” Democratic state Sen. Steven Bradford said in a press release. “Our black children and young women are disproportionately represented on the lists of missing persons. This is heartbreaking and painful for so many families and a public crisis for our entire state.”

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A “Great Stupid” Mash-Up! Ethics Hero And Incompetent Elected Official Of The Month: San Mateo County Supervisor David Canepa…And Some Related Comments Of The Day [Corrected]

I never expected to see those two categories in the same post, did you?

But it has come to this: San Mateo County Supervisor David Canepa told reporters this week that he regretted his vocal support of California’s Prop 47, which voters passed in 2014, which reduced certain thefts and drug possession crimes from felonies to misdemeanors if the value of the stolen goods was less than $950. This, amazingly, led to an explosion in retail crime and other social pathologies, with videos on social media showing looters casually walking out of stores with merchandise. Some prominent retail locations in San Francisco, LA and other cities have closed in response.

This was all part of the progressive-Democratic response to “over-incarceration,” with politicians like Joe Biden, California Governor Gavin Gavin Newsom, and mercifully retired NYC mayor Bill De Blasio, among others. The Retail Federation reported retail shrink across the U.S. reached nearly $100 billion in losses in 2022.

Gee, what a brilliant idea Prop 47 was !

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The Answer To This Controversy Is Legally And Ethically Obvious And We Shouldn’t Trust Anyone Who Doesn’t Think So

“Americans are losing faith in their schoolteachers,” the Washington Post proclaimed a year ago. Gee, I wonder why…

California’s woke attorney general, Rob Bonta, has filed a lawsuit against Chino Valley Unified School District in San Bernardino County to halt the county’s requirement that parents be notified when their child changes pronouns or gender identity, or seeks to use a bathroom assigned to a gender opposite to his or hers. In other words, the legal representative of the California state government wants the state to have the authority to withhold information about a family’s minor children from the parents of those children at the discretion of its agents. This attitude is now rampant in schools around the country, primarily because the education community has been thoroughly politicized and is no longer trustworthy.

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Now THESE Are Unethical (California) Lawyers…

Famed California trial attorney Tom Girardi was accused of stealing more than $18 million from clients; I was late to the metaphorical party, not covering the long-running ethics scandal until a month ago. (Sorry.)The State Bar of California had opened 205 disciplinary investigations in 40 years against Girardi, but he ducked accountability until the very end, in part because of pay-offs to bar staff.

One of several new regulations designed to prevent future Girardis is the Client Trust Account Protection Program. That requires the state’s lawyers to report whether they are responsible for client trust accounts, to provide basic account information, to complete an annual self-assessment, and to certify that they comply with ethics rules related to safeguarding client funds. The point, of course, is to stop lawyers from stealing from their clients. There are a lot of unethical practices lawyers get away with, but not taking proper care of client funds is supposed to be the third rail of lawyer misconduct.

The deadline for compliance with Client Trust Account Protection Program was April 3, 2023. Lawyers who failed to comply were fined $75 and had until June 30 to meet the regulations. Suspensions began in July. The results: 1,641 California lawyers have had their licenses suspended.

This is not a good sign.

Our Woke Education Apocalypse Update: The Failure Of The “I Promise” School, And Other Horrors

With great fanfare, NBA immortal LeBron James established the “I Promise charter school in 2018 to educate “at-risk” students. The I Promise School, which teaches children from 1st to 8th grade, promises:

With education as the driving force of change, the LeBron James Family Foundation is not only spreading that impact and improving lives of inner-city students and families, but also shifting the course of an entire community. Focusing on his hometown of Akron, the Foundation’s I PROMISE program provides year-round resources, access to opportunities, supportive skill development, constant encouragement and other wraparound supports to more than 1,300 Akron Public School students who have all been guaranteed college scholarships if they do their part. These efforts have culminated in the groundbreaking new public school – the I Promise School – that is taking an innovative approach to providing a challenging, supportive, and life-changing education, creating a new model for urban public education.

Soaring and inspiring words…it’s too bad that the Akron Beacon Journal reported this week that the 2023 “class of eighth graders at the I Promise School hasn’t had a single student pass the state’s basic math test since the group was in the third grade.” Moreover, “The state has also issued its first concern about the school: two of I Promise’s biggest subgroups of students, black students and those with disabilities, are now testing in the bottom 5% in the state, landing the school on the Ohio Department of Education’s list of those requiring targeted intervention.”

The response from those responsible? “Huminahuminahumina…” Stephanie Davis, the new principal of the school this year who was introduced as “the perfect person to lead the I Promise School and all of our families to the success we know they will achieve,” according to the school district, had no immediate explanation.

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