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tv   [untitled]    March 21, 2015 8:30pm-9:01pm PDT

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>> next i would like to invite daniel redman. daniel is a attorney that does a lot of work around elder issues and was a member of the lgbt task force and played a critical role in helping us prepare this legislation. daniel, thank you for your service >> thank you, scott. thank you for the opportunity to speak and the task force. bill [inaudible] supervisor wiener and campus. my name is daniel redman and attorney [inaudible] here in the city. and with regard to the ordinance, the task force report aging at the golden gate lgbt seniors are a vulnerable population and given to premature institutional. i think this is ordinance is
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important in addressing the isue. supervisor wiener merngzed the letter coming in across the country from midwest and new york and washington dc and cal. across the lgbt team there is a sense this ordinance could be a pivotal moment in changing that conversation and bringing more attention to issue. in a study done for lgbt [inaudible] 90 percent said they wouldn't be safe in the facility and 50 percent of respondent said they are or someone they knew faced discrimination and this included verbal and physical harassment by staff or other
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residence [inaudible] restriction of visitors. refruzal to provide basic care. deninel of medical care and refusal to respect the persons identify. to give 2 examples from that report both from california, john and jack went to a nusilty and the facility said they refused to bathe jack because they didn't want to touch a gay person. a transgender [inaudible] forced to eat by herself and not allowed to participate in any activities. there is no doubt california provides non discrimination protection, what we need is clarification and guidance in the specific context of long term care
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facilities and this ordinance does that. the law is the result of a contributions of a dozen lgbt long term care [inaudible] policy recommendations. what is key about had law is it tells facilities what they can do so there is no excuse of what we don't know what to do. theords nns says what they must do. it prohibits discrimination [inaudible] in particular it man dates the facilities respect the individuals identify and expression for bathroom use, name and dress. it states explicitly and this is very important, that a facility may not move a transgender person from a room just because a room mate complains. respecting a individuals pronoun name and expression is non negotiable in
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this ordinance as it is under the state law and inter shurs the human rights commission has the power to [inaudible] and it establishes a private right of action. as supervisor wiener medicationed the seniors are the people that biltd the community and this lgbt right moouvment. they fought hard to get us to the this point. san francisco has been a leader for decades in civil rights matters and this ordinance is the next chapter of that legacy. thank you. >> thank you very much. mr. redman. colleagues with that i think we are reedy to go to paublic comment. i want to acknowledge we have several members of the lgbt task force today. i believe some will be speaking and also want to
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acknowledge and thank you tom noleen with the department of aging service and helps to move these items forward. >> supervisor christensen would like >> i just want to-in hearing from supervisor wiener about the ordiance i was taken back. my sister was a emergency care-nurse at ucsf in 1980 when aids cases came in. the thing that touched her most, not only for the patient is the exclusion of their partners. i remember her being effected by that that they were excluded from heblth care decision squz participation in the greechbing process. it never occurred that 35 years later i would be in a position to do something about that and absolute
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supervisor wiener and support this effort >> my comment is that this is a well written piece of legislation and i really appreciate the details that was put into at hand and what it is trying to do. i have a quick question and don't know who will answer it, once this passes, i'm curious i didn't see anything about how we would notify or get people to know about this? what is the outreach effort, are there plans for that at this point? >> we are-we have been speaking with 2 different sogez, the california association of helths facilities and california assisted living association so it is our intent to work through the association to get the word out. one of the
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challenges is this is not just your sort of standard big institutional nursing homes, it is nursing homes and assisted living and a lot of smaller facilities. it may be 5 or 10 beds or people they serve and so it is a pretty i think in the press conference we had, daniel estimated it could be as high as 500 to 1 thousand facilities and we are unaware of the list, but we'll work through the association and there will be a guidance and we'll work to get that word out >> so the outreach is at 2 levels and you sort of talked about one level. the other level is the individuals-the community? sometimes people are not aware of the regulations. one institution could easily ignore it and
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nobody would know >> that is a very very important point and we do have some terrific orgz like open house and nclr that work hard totry to get the word out, but you are right, there are people that get mistreated and don't realize it so it is important >> mr. chairman, may we move to public comments? i only have one card, but i think there is more than one person to speak for this. mu lain hern from the human rights commission and if there is anyone else who wants to speak you can fill out one of the blue cards and public comment is 2 minutes. >> good morning everyone. thank you to had board of supervisors, it is prichbolog to be here today and have a
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opportunity to comment on this piece of legislation. my name is [inaudible] director of the non discrimination program at the san francisco human rights commission. special thanks to supervisor wiener and compose for this legislation. california provides some of the strongest protection in the nation to lesbian gay, and transgender people, but there is a gap with long term care. these facilities need care guideants to care for residence and patient. supervisor wiener and daniel redman highlighted to the stats from the task force report issued in 2014 so i'll with hold comments on that report, but i did want to share part of my role at the human rights commission is investigate and mediate disyimination complaints and analyze the type of complaints we receive nords to neat needs of the vulnerable populations.
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last year sexual orientation was naimented as a basis in 13 percent of all disyimination claims filed with the humanten rights administration. gender identify was 8 percent of all discrimination claim jz 34 percent were based on disability. public accommodation claims that include health care facilities where seniors may face similar issues as long term care facilsties, nearly 20 percent of complaints filed were based on gender yoirf. nearbyly 20 percent were on sexual orientation and 3ator percent is on disability. it is without question the populations have unique needs not met and believe this ordinance is a important first step in addressing the needs. the ordinance will [inaudible] prohibit discrimination in admission, transfer, evictionerse room assignment
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and visitation. in particular it mandates facility staff respect transjendser for bathroom use, preferred name, pronoun and dress. these are the issues we see that come [inaudible] and empower the san francisco human rights commission to investigate and mediate complaints. i want to note that of the complaint that san francisco humeb rights commission mediates rbs over 80 percent are resolved and settled. i would also encourage consideration of article 38 of the police code in conjunction with the proposed ordinance which includes hiv status and may
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include statute of limitations [inaudible] thank you for your consideration of the ordinance as a effort as combatting discrimination and insuring all have the proper tools. i would like to submit for the record a letter from the director of the human rights commission [inaudible] >> thank you and does that letter contain that statute of limitations you raised? >> it does not. >> if you can send a e-mail so we can take a look at that and make sure we are not creating problem. next brian [inaudible] michele [inaudible] elizabeth gill and >> [inaudible] thank you so much for your leadership on this issue and thank you for your heart felt words. when wrongs get righted i think we get emotional because of the
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healing that happens and i feel it is a healing for the community that is long due. all people deserve to be not just tolerated, not just respected, respected but not just respected, but all human beings deserve to be celebrated and celebrated equally. all colors of the rainbow should be celebratored. immigrants, women, men and all the rest deserve to be equally celebrated. residence of public housing and people who are homeless and residence of assisted care facilities deserve to be celebrated, not just tolerated. elderly and [inaudible] this is i think relevant to 24 community. i was kicked out of the house for
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being gay. i had a violent step father who trying to kill me. i'm the last left of 30 gay guys. like many people in my community we don't have access >> student the family support networks others do and this is a wonderful opportunity. in addition to this i know this is a first step, but in my work at the aids housing allowance one realty i think we need to accept is that we do have a sense of limited resources and when people are fighting over crumbs, what happens is the truth comes out about where people think folks are and we need to have more resources to insure there is is sense of [inaudible] >> thank you very much. >> good morning supervisors. my name is michele [inaudible] director at open house. i want
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to congratulation daniel redman for developing a powerful bill of rights in suvs to our aging community. 7 years ago when i joined open house i was struck by the number of calls we received from l gx bt members and the families who were experiences discrimination. younger residence would also call hoping to move the family members or parents closer to them. they expressed grave concern about how themselves would betrated as care givers and how the straight parents would be treated. [inaudible] met with greater division and exclusion and is what makes the bill of rights that much more impactful because it explicitly
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outlines guideline principles and practices. open house supports the lgbt long term facility rights and together with california bill 663 requires [inaudible] this bill would strengthen the importance of the training. open house is the forfront of training since 2006 and here to support other advocates and implementation of best practices. [inaudible] will serve as a compelling model whos impact has a pesh to row verberate the cost of the cities other sites including shelters other housing and senior houses. thank you >> thank you very much
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>> eliz beth gill and a senior staff attorney of aclu of northern california. i want to say thank you for introducing this measure. we support it, it is a important civil rights measure for a vulnerable part of the population. thank you >> thank you very much for being here. >> hello, my name is daniel [inaudible] and i'm a attorney with transgender law center and i'm here on behalf of the organization to, press or support for this orbd nns. i will be short and sweet. i want to say this ordinance will improve access to necessary long term care facilities for lgbt community members in particular our transgender community members and in doing
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so it will insure the seniors receive the necessary care that they need. thank you. >> thank you very much. is there any additional public comment on item 1? seeing none mr. chairman may we close public comment? >> sure public comment is now closed. colleagues do you have closing remarks? >> mr. chairman thank you for hearing this today and colleagues for all your words of support and encouragement and [inaudible] thank you for your moving remarks. i think it is one of these reoccurring issues in the community about when people talk about for example, marriage about why does the word matter and part tof is the broader issue about recognition of relationships of all shapes and forms and the
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nightmarish situations that all too many peep have gone through for many decades whether it is in the long term care facility or in a hospital or when-if a partner dies and their spouse isn't on the morjage and the family comes in and takes the home back and kicks them out. this legislation will be a step in trying to avoid those type of situations, so colleagues i would request that the committee forward this item to the full board with positive recommendation >> thank you supervisor wiener for your legislation in this. any other thoughts on this from the colleagues? seeing none. supervisor christensen >> that is a reminder for everyone to get legal. as someone that speent my muddle adultd years as a single person
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in a relationship, love is a good reason but legal clarity another. i hope you will take the opportunity where appropriate >> can we vamotion to forward this item to full board? any objections? motion passes >> thank you colleagues >> madam clerk item 2 >> ordinance [inaudible] prohibit drivers of tour buses [inaudible] >> so as people are leaving quitely we'll proceed. colleagues as you know i introduced this legislation following the tragic accident which took place last year in front of city haul. a tour bus driver was driving and acting as a tour guide when he fately
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struck [inaudible] crossing polk street cross walk. [inaudible] from the san francisco police department stated on that day there appeared to be an occasion here where the driver were more focused on the land mark to the right in this case, city hall as oppose today the road way. after research i discovered existing laws do not impose restrictions on their ability of tour bus drivers to narrate a tour while drivering. this legislation will amend the transs portation code to prohibit drivers of tour buses to narrate while drivering. i coauthored the vision zero policy adopted last year. the policy that makeatize the goal to end all [inaudible] by 2024.
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and this is only to me another effort to get to those goals. according to california traffic safety survey in 2013, 36 percent of california surveyors thought talking while driving posed the biggest safety problem on california road ways. nearly 70 percent of the california driver surveys said they have been hit or nearly hit by a driver who was talking or texting on their cells. stats show drivers and cell phones even hand free arefore times more likely to crash and hurt themselves or someone else within 5 minutes of make agcall. texters are 23 times more likely to crash. more
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thran 3 thousand people are killed this way each year and 300 thousand to 500 thousand are injured. this legislation is a step in the right direction as it relates to distracted driver and believe it will make our streets safer for pedestrians. one more stateagy is for san francisco to reach the zero goals. i understand the legislation will have limited impact as many of the tour buses may be going in and out of san francisco and will be under the jurisdiction of the california. in the mean time while we are waiting for this to pass i have been in discussion with the state legislators asking them to carry it at the state level so
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we can strevlen or efforts here. so, i would like to ask my colleagues at this point for any comment that they may have. supervisor christensen >> district 3 obviously has a lot oftoryism and support thetoryism and all portions of it however we have had residence struck by tour buses. i think compicating the fact that we have a lot of london style tour buses on the road with the driver on the opposite side. a 98 year old neighbor was struck a couple years ago and i was all most mowed down by a narrating wrong side driver about 2 months ago so i know as we increase pedestrian
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safety this is a big issue for us and hope the tour bus driver by including taped spiels or let's up the job market and bring on another person, i hope they could provide a safer experience without hurting the baultm line too intensely. i would like to say troothe extebt this ordinance may have a impact on making district 3 saerf i support it >> supervisor bree >> i want to add a couple comment. i appreciate this legislation because i think is needed. there are a lot of challenges in my district as well with tour buses. specifically when the tour buserize driving through nairblds they are loud. i know this legislation won't change that and we are looking into
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that because that is a issue as well, but this is definitely a step in the right direction and think it is important that when we are driving or when tour bus operateers are driving in the city that are operating the buses safely and there is someone senerately who is communicating and talking about what they are saying. when i visit other countries that is how it was done. there was a bus operator and a tour guide, so i think it is time we start moving in the right direction to make sure that we place whatever regulations we can because ultimately this is about public safety and glad we are looking at moving in this direction. thank you supervisor u >> thank you supervisor bree. are there public comment at this point? if there are line up to the sign on your right and i see that there are some people that filled out cards so i should call them up first.
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rudey [inaudible] ordel [inaudible] aenthany [inaudible] eric [inaudible] tour bus number 2 and john [inaudible] >> [inaudible] my name is rudey [inaudible] director of operations for the national filipino organizations called [inaudible] i'm here to take supervisor yee for sponsoring the legislation. thank you supervisor. what we do today is send a strong message to tour bus operators and drivers. what happened to our 68 year old senior was a tragic and i'm
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hoping that having this legislation will prevent serious injury. more importantly i'm happy you will also take this up to the cpuc in sacramento because we have other areas where we can prevent this tragied from happening. i fully support this legislation and thank you again supervisor >> thank you >> good morning supervisors >> don't forget to acknowledge that [inaudible] former commissioner for city college >> thank you. [inaudible] general counsel of the national federation of filipino american association. i would like to
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thank supervisor yee for this necessary legislation t. is unfortunate it had to take the death of a beloved community worker and bring this type of legislation. we pass rules prohibiting people from using their cell phones, texting, doing anything that will distract people from driving because we put a great premium on the safety of the people and pedestrians and this is worse than any of those because a bus driver who is busy and forming the passagejures about the city hall and other attractions will be distracted from looking right in front is what happened with mrs. prusilla [inaudible] while i understand that this is limited, it starts the process where important state legislation can begin to correct what is obviously very
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needed. i cu-mind the supervisor and hope this will be approved as soon as possible and be brought up to the state and get it enacted where it should be. thank you >> good morning supervisors, my name is aenthany [inaudible] i'm a attorney and also a [inaudible] i echo everything [inaudible] i also cu-mind yoi and your comment earlier. it sounds like this legislation is supported as a member of the legal community whos clientele suffers from severe injury i'm supportive of this legislation to protect the members of the community, not only ourselves, but the constituents of the great city and visitors and guests. thank you and keep up the good work.