Category: Law

Photo by Joe WilcoxSep 15, 202510:17 pm

The Rally That Wasn’t Much

The majority of political email automatically goes to the junk folder. I never designated the status, choosing instead to let Gmail haul the messages away by default. But one from Amy Reichert of Restore San Diego plopped into my inbox this morning. “Stand with us as we call on Governor Newsom to reject AB 495”, she wrote. A rally was scheduled for 10 a.m. PDT at San Diego Unified School District offices about 10 minutes’ walk (thanks to traffic lights) from my apartment. I had to go.

Depending on who you speak to, AB 495 either protects immigrant kids threatened by ICE raids or puts them at risk because the law would let seemingly anyone intercede and grab your children. The thinking there is that California is about to enable anyone to legally snatch kids—ah, for their protection. They could belong to non-immigrant families and be taken using other justifications.

Photo by Joe WilcoxJul 24, 20258:50 pm

ICE ICE Baby

Status as a super-sanctuary county, proximity to the Mexican border, and flow of immigrants—whether or not illegal—makes San Diego a target for immigration enforcement and fear of it. ICE raids flash across social media posts faster than raging flood waters. Citizens are quick to protest and news stations nearly as fast to cover arrests as they occur and the aftermath that follows.

The sign in the Featured Image is one of many posted on utility poles in my neighborhood of University Heights and adjacent Hillcrest and North Park. Presumably, they are all over the city. But I haven’t looked far enough to see. Now you know what to do should armed masked men jump out of nondescript vehicles outside your residence or workplace.

Photo by Joe WilcoxJun 28, 20247:47 pm

Requiem for the Farm

Two months ago, or thereabouts, on March 27, 2024, my father signed over title to a large portion of the family farm to the two pastors of his local church. The transfer of ownership was quite unexpected and was not disclosed—to my sister—until after he died on April 16. We all understood that he intended to will the property to the couple, but his estate would pass through the typical legal process first.

Since my grandfather’s will hadn’t been probated, the older document might supersede the other—something I presumed a lawyer and judge would sort out. That process would be opportunity to also open a discussion with the pastors about final disposition of the approximately 100 acres. The unexpected transaction nullified everything—unless the older will is legally enforceable. I wouldn’t know.

Photo by Joe WilcoxMay 22, 20249:46 pm

Games We (Poorly) Play

Yesterday, one my neighbors expressed surprise about filling out paperwork at a doctor’s office, where she was presented with choice of a dozen genders. I would think that a medical practice would stick to the science: Humans are biologically either male or female. How people feel about themselves is something else.

All through the SARS-CoV-2 (severe acute respiratory syndrome Coronavirus 2)/COVID-19 lockdowns, we kept hearing about the science—physicians and researchers following it, and we should, too. In 2024, should a doctor’s office do no less? Meaning: Put basic biology before social culture?

Photo by Joe WilcoxMar 5, 202410:15 pm

Super Tuesday 2024

Across San Diego County, more than 145 drop boxes are placed to receive ballots, which California mailed to all registered voters. Today, the state held primary elections, including President of the United States. Fifteen other states commenced primaries on this Super Tuesday.

My wife and I unexpectedly used a drop box, rather than continue our customary practice of voting in person. Annie felt poorly, and I am juggling family matters. We don’t expect Dad to live through the week. But he is still conscious and cognizant, receives visitors (whoa, the county sheriff, among many others), or makes and receive phone calls. But Dad’s strength and vitality ebb away, and his decline increases. My sister was right urging us both to fly to Maine—she from Florida—over the weekend of Feb. 16, 2024.

Living by Joe WilcoxFeb 27, 202410:02 pm

Feel Free to Park Overnight

As part of the settlement of a class-action lawsuit, San Diego will no longer enforce overnight parking laws that restrict where some vehicles can park. The prohibition has burdened people sleeping in RVs and vans, particularly, with costly tickets or tows.

Section 86.0139 of the San Diego Municipal Code states: “It is unlawful for any person to park or leave standing upon any public street, park road, or parking lot, any oversized vehicle, non-motorized vehicle, or recreational vehicle between the hours of 2:00 am and 6:00 am”.

Photo by Joe WilcoxJan 26, 202410:36 pm

I Stand with Texas

The Featured Image might seem to you an odd choice for this post’s title but I must disagree. Suddenly, on my walks, I see many more American flags displayed—and in places that are new to my eyes, like this one outside a North Park market. Makes me wonder: Are some San Diegans quietly, but affirmatively, expressing their patriotic support for Texas’ standoff with the Federal government?

Under a program called “Operation Lone Star“, Texas seeks to “hold the line to defend the Southern border”. Bolstering that effort, Governor Greg Abbott has mobilized state national guard units as part of a vanguard laying razor wire and blocking U.S. Border Patrol agents from processing immigrants. A Supreme Court ruling favors Federal efforts to cut (and remove) the razor wire. Abbott and his attorney general are defiant.

Photo by Joe WilcoxSep 24, 20238:54 pm

Cop Copter

I could count dozens of ways Southern California is oddly different from anywhere else I have lived, or traveled. With respect to the USA, I have been to every state—and Puerto Rico—but one: Hawaii. Among the oddities: Around San Diego, and presumably Los Angeles, helicopters frequently fly over with loudspeaker blaring some warning or notice.

“Suspect six-foot-ten black male wearing black hat, black hoodie, black jeans, and black backpack. Last seen scaling the fence at the 4500 block of Cleveland Avenue. Stay inside and lock your doors. Call 911 if you see suspect six-foot…” You know, repeats.

Photo by Joe WilcoxAug 3, 20239:17 pm

Big, Possibly Temporary, Win for Single Family Homeowners

Today, San Diego Planning Commission unanimously approved Housing Action Package 2.0, which further eases development and redevelopment of properties to increase population density (real intention versus stated objective of creating more affordable housing).

But, the most controversial portion, which had garnered protests for and against, stalled: California State Bill No. 10, which became law last year. Localities choose whether to adopt the provision, which would essentially enable eradicating portions of single-family neighborhoods for the construction of up to 10-unit residences on as little as a single lot. Location must be in a “transit-rich area”, which is a bit misleading. According to the bill, that “means a parcel within one-half mile of a major transit stop” (e.g., city bus).

Photo by Joe WilcoxJun 21, 20239:01 pm

Come and Get Me, Apple

If you believe Wired story “Apple Is Taking On Apples in a Truly Weird Trademark Battle“—and I do—the company is running about the globe seeking the “rights to the image of apples”.

One court case could cause big problems for 111-year-old the Fruit Union, according to reporter Gabriela Galindo, who writes: “The oldest and largest fruit farmer’s organization in Switzerland worries it might have to change its logo, because Apple, the tech giant, is trying to gain intellectual property rights over depictions of apples, the fruit”.

Photo by Joe WilcoxMar 27, 202311:05 pm

Our Daughter’s New Smartphone

From my perspective, the police violated our daughter’s Fourth Amendment protections when seizing the iPhone 13 Pro that she inherited from me as a 2022 Christmas present. The story: Parents of the household where she visited handed over the device when asked. But it wasn’t theirs to give, nor the cops to take. Our only child couldn’t, and so didn’t, authorize the seizure. Justification: A sergeant, and later detective, told me they sought evidence of a crime against our daughter, the victim.

Law enforcement’s fishing expedition deprives the device’s owner as she recuperates from a double stroke caused by oxygen deprivation and prepares to go to an acute rehabilitation facility sometime soon. She wants her iPhone, and the detective doesn’t respond to my calls. We even had tentatively scheduled a meeting whereby we would discuss possible passcodes to unlock the device. That was before our girl made massive strides unthinkable the day of the proposed meetup to which he didn’t show.

Photo by Joe WilcoxDec 13, 20228:58 pm

The Real Rainbow

Responding to some of the news from Washington, DC today, I present a simple reminder. The Featured Image comes from Sigma fp on Christmas Day 2019. Vitals, aperture manually set: f/5.6, ISO 125, 1/500 sec, […]