i wanted to know what would it feel like to be a plaintiff civil rights case, one that is incredibly high-profile and controversial. what did that feel like, what was the judge thinking in one of the crazy twists in the story he turned out himself to be gay. what does it feel like to want something that everybody else has. >> host: i think that you talk very compellingly about the two couples, the four plaintiffs. to ask in another way it seems you told that story of this group and their litigation that doesn't seem to be an account of the chapter in this nation's civil rights history in the sense that both leaving aside what we said before even what was going on at that time in thn terms of people making the claims for marriage equality. there was this lawsuit, there was litigation around the country i'm sure as you know. maybe we can talk about what was happening before the proposition wall suit was filed but just to share with our listeners. several months before, and advocacy had filed a lawsuit challenging the federal defense of marriage act and in particular challenging that la

during the rep course of reporting the story i have course got to know the four plaintiffs at the heart of a lawsuit and i was captivated. i wanted to find out what would happen to them and this was as you know, this was a controversial strategy to take this to the supreme court. they could wind up heroes or they could wind up goats. >> host: i was going to ask you how much did you know about bible college lgbt transsexual transgender. had you reported on the civil rights movement before? will kind of reporting had you done? >> i had done a lot of legal reporting. bush v. gore in the background for the "washington post" with a supreme court justice picked by george bush so i had written about constitutional law but not specifically about this issue except to the extent that i covered for state legislatures and then everyone civil unions would come up. this was unions that legislation would come up in each of them and this was probably in the early 2000's. it's funny to think today that that was very controversial in these legislatures. i covered these legislative battles but certainly n

what would it feel like to be a plaintiff in a major civil-rights litigation case? high-profile and controversial what does that feel like? what is the judge sinking during that evidence? it turns out in the increase east-west he was gay. what does it feel like to want something that everybody else has and to be told you cannot have it? >> host: that absolutely comes across in the book to talk about the two couples or the four plaintiffs who challenged proposition viii. but you tell that story of that group and their litigation very well. that story does not seem to be an account of the history that leaving aside of what was going on at that time in terms of people making claims of marriage equality. >> guest: what do you mean? >> host: there was this lawsuit, litigation around the country so as talk about what was happening right before that proposition viii lawsuits was filed. several months before gay and lesbian defenders had filed a lawsuit challenging the federal doma with that law of the grounds the federal government was refusing to recognize the valid marri

and i would have been a plaintiff. i would have been honored to be asked. and i did have a background of activism as a union shop steward. and it's partly my life that taught me to be an activist. c-span: women's caucus in the new york times, and the lawsuit -- would you say -- by the way, what happened with the lawsuit? >> guest: the lawsuit was settled on october 6, 1978, on the day it was due to go to trial, in favor of the women. c-span: this is a little bit of a tangential question, but there was a strike in new york... >> guest: yes. c-span: ... newspaper strike, so most of this wasn't covered by newspapers. >> guest: that's right. i mean, there was a print blackout in new york for three months. it was the second-longest citywide newspaper strike in new york history. and this -- all of the drama -- the final weeks of the women's suit against the times unrolled in darkness and silence. there were only alternative newspapers with very low circulations, out-of-town newspapers, local tv and radio shows. also, as you probably well know, the press and broad

he is now a plaintiff in a lawsuit filed by the center for constitutional rights against the private contractor caci international, known by many simply as caci. according to the lawsuit, employees of caci working it abu ghraib allegedly threatened salah hassan with dogs, deprived him of food, beat him, and kept him naked in a solitary cell in conditions of sensory deprivation. i spoke to salah hassan last week. he was in doha, qatar where he still works for al jazeera. i began by asking about when he was first arrested. first, i would like to thank you for giving me the chance to meet with you and discuss an issue that is 10 years old. of course, the place where i was arrested was the district north of baghdad, about 10 years ago. this was the first place of arrest. after that, i was moved from one place to another until ended up in abu ghraib prison. >> can you explain who arrested you? and then describe what happened you at abu ghraib. >> actually, the people who arrested me in the district are from the american army, but i cannot really differentiate if there truly individuals fr

the fukui district court upheld the claims of 166 plaintiffs living within a 250 kilometer radius of the plant. the presiding judge said the utility's estimates for possible maximum tremors are overly optimistic and unreliable. he said the cooling systems of the reactors could fail to function in an earthquake. officials of kansai electric say they will appeal the ruling. the court's decision could have an impact on discussions about whether to resume nuclear power generation. all 48 of japan's commercial reactors are currently offline. japan's nuclear regulation authority is screening safety measures at several plants to determine whether they can be restarted. >> translator: i have no comment on court rulings. we continue to conduct safety screenings in accordance with our own policy. >> japanese courts have historically ruled in favor of power utilities. most lawsuits filed since the late 1960s by residents hoping to halt nuclear facilities have been dismissed. plaintiffs in two cases had their claims upheld recording the plant in ishikawa prefecture and the reactor in fukui prefe

it covered the gap in its wireless network and would like to thank omar and the plaintiff for helping us to find this location and to insure that it's capable with the neighborhood. itself was a challenge giving up up 17 hundred union and moving moving to 18 hundred union he did that in balancing it. we ask for your support as what we diligently work to upgrade our wireless support in the and county of san francisco if you have any questions, i'll be happy to answer them >> thank you. open this up for public comment (calling names) >> if you're ready to speak come to the podium. >> good afternoon, commissioners i'm robert president of the golden gate valley and this is one block away from the historic golden gate library. the golden gate association strongly opposes at&t's proposal for the wireless facility on 18 union street it's a beautiful example of architecture and a unique part of the historic commercial district. the proposed installation will raise the roofline of on existing penthouse and allow 4 smokestacks to extend above that it will become the informational point and the

a part of the strategy with the naacp was for the plaintiff to take their child and try to enroll them school nearest their home. so my dad did take me one day over to sumner school. we walked over to sumner, he tried to enroll me in that all white school, but of course we were turned down. >> do you have a memory of that? >> i do have a slight memory of that day. we walked over to the school. he took me by the hand and i was happy. we lived in this integrated neighborhood. i just knew i was going to get to play with my playmates that i played with every day, i was going to get to go to school with them. i remember walking over to the school with my dad, going up the big steps into the school, and then he talked with the principal, and they entered his office and left me outside. i wondered what was going on. and i heard voices getting louder. and as my dad came out of the office, he took me by the hand and we walked back home, but i could feel tension within his hand. i didn't know what was going on, but i knew something had happened. >> what was it like when you heard the case had be

this claims 500 unnamed plaintiffs and they respect every team in the nfl. i contacted the vice president of communication and there was no comment. the vice president said their legal team had not reviewed the suit. it remains to be seen. >>> if you have friends or family visiting this summer and they want to see local bart street -- lombard street, it will probably be shut down for nine days while the municipal transit agency works on congestion area in the area. 2000 people drive down the street friday, saturday and sunday, there's been a number of the accidents some with injuries and damage to hopes. >> to keep people driving and walking and the residents safe, people have gotten hurt. >> the trial period begins in june, the street will be closed the time two week ends of the month. then it continues into july and lombard will be closed over the 4th of july weekend. >>> happening now the debate over marijuana clubs in san jose is ♪ over. tonight the city council was expected to vote on a city ordinance that would move the clubs away from day cares and ni

this claims 500 unnamed plaintiffs and they respect every team in the nfl. i contacted the vice president of communication and there was no comment. the vice president said their legal team had not reviewed the suit. it remains to be seen. >>> if you have friends or family visiting this summer and they want to see local bart street -- lombard street, it will probably be shut down for nine days while the municipal transit agency works on congestion area in the area. 2000 people drive down the street friday, saturday and sunday, there's been a number of the accidents some with injuries and damage to hopes. >> to keep people driving and walking and the residents safe, people have gotten hurt. >> the trial period begins in june, the street will be closed the time two week ends of the month. then it continues into july and lombard will be closed over the 4th of july weekend. >>> happening now the debate over marijuana clubs in san jose is ♪ over. tonight the city council was expected to vote on a city ordinance that would move the clubs away from day cares and ni

. >>> one of the plaintiffs in the lawsuit against several tech companies including apple and google is protesting $324 million settlement, that was negotiated by his own lawyers. michael devine named one of four plaintiffs in a class action of 64,000 people who sued apple, google, intel and adobe. they claim the tech companies made the deal to not hire employees from each other's companies in order to avoid a salary war. divine says the companies should have to pay significantly more and admits wrongdoing. >>> the tech titan billionaire is scheduled to testify in court today. martins beach about five miles south of half moon bay is really popular with surfers, but the co-founder of sun microsystems shut down an access road going through his property effectively making that beach inaccessible. there you see the gates. the nonprofit surf rider foundation sued saying they violated the california coastal act that gives everyone a right to the beach. but an even older law could be on cosla's side. that land dates back to the treaty that ended the mexican/american war and gives him the ri

is the plaintiff.e hired the defendant refrigerator and not only did he not fix the thing, holes ineft two gaping her kitchen. he took off, never to be heard from again. now she has $3,047.88 worth of to be done in her once beautiful kichen and that's just what she's suing for today. this is the defendant. he says he told the plaintiff to refrigerator tire but

and the granddaughter of one of the plaintiffs was barred from attending an all white school. it opened up an era of integration. >> it been 10 years since smaller smaller -- same sex marriage has been legalized. the original plaintiffs in the massachusetts case are divorced but remain friends are proud of their place in history. >> it made us more visible to the rest of the world. it mas to be safe. >> in idaho gay right supporters celebrate the support. in arkansas the battle over the ban is with the state supreme court. >>> a string of protests turn violent. demonstrators take to the streets as turkish officials end the search for more victims of the coal mine fire. >>> living up to the nickname man and woman's best friend. this dog saved the owner from a fire. >>> we have been tracking high clouds. coming up the temperature change and when this system could produce showers. . >>> turkish mess use rubber bullets to break up the latest protest. turkish officials say two more bodies were found and believe that all the bodies have been recovered. the death toll stands at 301.

and she also was the best-known lawyer for the plaintiffs in the sex discrimination suits in the media during the early '70s ... c-span: judge david ... >> guest: ... nbc, reader's digest, etc. i don't know whether those were her cases, but she had a lot of sex discrimination cases. c-span: you write that judge dave bazelon, if i remember correctly, a well-known liberal judge ... >> guest: yes. c-span: ... refused to hire her as a clerk. >> guest: he wanted to hire her as a clerk, but the other judges -- i think it was the court of appeals -- said that she was subversive. and one of them said that he would lock his door against her or something like that. and bazelon was forced to tell harriet with tears in his eyes that he could not hire her because he could not afford such dissention within the court. .. >> >> here are these men that are part of the boys' club, as the senate of the united states acting as if it is new. i think any downhill gave courage and encouragement to a lot of women to stand up for themselves and speak up. >>host: - - . >>cspan: this is what the girl looks like.

this will be a very, very expensive case for the plaintiffs.ase for porsche. now when you talk about that initial investigation remember who investigated it, los angeles sheriff's department, along with the highway patrol, but who did they invite in to do that accident reconstruction with them. they invite porsche engineers to come in. now, isn't that a little bit suspect. i mean, they have a dog in this fight so they will come in and certainly say things that bode well for porsche because they have got to think we may get sued here, so the trier of fact in this case may in fact look askance at the fact that when those law enforcement agencies went to recreate, who did they bring to the party? they bring porsche with them. it doesn't smack of fairness to me. >> there's a huge problem between 55 miles an hour and 80 miles per hour, and how is it possible that those two are out will. >> well, it's not impossible. you'll have experts that come in, i guarantee you, that the experts that the plaintiff hires will come in and say, no, they were going

. >> joe haggerty is a plaintiff in the lawsuit, pointing to dangerous streets that front the school.e summit drive with flying curves chris fitzgerald is another neighbor and plaintiff. >> you can see in the neighborhood there is no winding roads here. >> hoover elementary shut down because of declining enrollment. but now, the district is bulging at the seams and they thought reopening the school would accommodate influx. hoover is on a hillside, straddling the border of burlingame and hillsborough. expensive homes on the hillsborough side line the street from the school. the district said studies show no safety risks. construction continued including a big new building. but yesterday, the judge ordered the district to stop construction saying there needed to be an environmental impact report the decision surprised school officials. >> how can a handful of people prevent a school from opening? these residents bought house as cross the street from the school. >> the superintendent says all construction will be stopped. there is no decision yet on what the next move will be >> the pre

. >> joe haggerty is a plaintiff in the lawsuit, pointing to dangerous streets that front the school. like summit drive with flying curves chris fitzgerald is another neighbor and plaintiff. >> you can see in the neighborhood there is no winding roads here. >> hoover elementary shut down because of declining enrollment. but now, the district is bulging at the seams and they thought reopening the school would accommodate influx. hoover is on a hillside, straddling the border of burlingame and hillsborough. expensive homes on the hillsborough side line the street from the the district said studies show no safety risks. construction continued including a big new building. but yesterday, the judge ordered the district to stop construction saying there needed to be an environmental impact report the decision surprised school officials. >> how can a handful of people prevent a school from opening? these residents bought house as cross the street from the school. >> the superintendent says all construction will be stopped. there is no decision yet on what the next move will be >> the preside

the president met with plaintiffs at a meeting at the white house yesterday. president obama praised the decision, cautioning that there's work to be done. we must recommit ourselves to the long struggle to stamp out bigotry and racism. the first lady is speaking out about the ruling. yesterday michelle obama attended a high school graduation into peeka kansas, the genesis for a federal lawsuit filed by parents against its board of education. the ruling created progress, the fight against school segregation must continue. >> those schools are not equal. especially ones attended by students of colour that lack behind - with crumbling classrooms and less experienced teachers. even in schools that seem integrated, according to the numbers, when you look closer you see students from different backgrounds sitting at separate lunch tables. >>> in the next hour we'll hear from a plaintiff in the brown versus board of education case. >>> after outrage over the agented mistreatment of -- alleged mistreatment of va hospitals. a top official is standing down. dr robert p

kpix 5's cate caugiran is live at san francisco's candlestick park where one of the plaintiffs played several seasons with the 49ers. >> reporter: that player said he used to hobble into the locker room here at candlestick park stand in line with other injured players where painkillers would be handed out like candy. here are the details of the lawsuit. we know it was filed in federal court in san francisco on behalf of more than 600 former players. it alleges, quote, the nfl has illegally and unethically substituted pain medications for proper healthcare to keep the nfl's tsunami of dollars flowing." the league does have a ban on the use of painkillers without prescription. but there's no clear policy or oversight of how team doctors provide the drugs. >> some games, i'm taking two or three vicodin before the game, two or three vicodin at halftime, taking a shot of toradol before the game, and they are getting both shoulders, hands shot up before the game. >> reporter: now, former 9ers player jeremy newberry told kpix 5 he now suffers from renal failure, high blood pressure and viole

. >> among the other plaintiffs is jim mcmahon one of football's most colorful characters of the 1980s. he grew up in san jose and later won a super bowl as a quarterback for the chicago bears. >>> in other sports news, the donald sterling story continues to develop this morning with new allegations against the owners of the l.a. clippers. the nba is accusing sterling and the clippers organization of destroying evidence relating to the recording that got stirring in trouble. the "l.a. times." >> reporter: sterling asked the former girlfriend to lie and tell the nba it was not sterling on the tape. she talked with dr. phil about the recordings . >> were disclosures made when you were recording him? and she gave variable answers to that. sure he knew. did i tell him every time? no. >> dr. phil said stiviano became emotional when she talked about her relationship and sterling and maintains she was just an assistant. >>> happening today in san jose, growing outrage over a decision to release a convicted rapist to southern california brings upset neighbors to northern california. kpix 5's k

and 25 will not be heard and have been removed from the calendar item 26 anticipated litigation as plaintiff item 27 conference with property negotiation reservoir tract in san francisco , san francisco recreation and park department terms of payment and price and item 28 will not be heard and is removed from the calendar. >> thank you very much donna. >> so i'd like to call for public comment is there any? seeing none public comment is now closed we'll begin moving in. >> actually we need a motion on item 22. >> item 22 whether or not to assert the attorney client privilege. >> i guess i'm not fast enough on my feet. >> that's on me you were there on time. >> just want to say that i hope the puc negotiates item 27 the parcel and i hope you get the best price possible. >> i'm required to. >> you are required to. >> thank you thank you very many for coming. public comment is closed. >> did we get a second? then seconded. all >> on december 28, 1912. san francisco mayor, sonny jim rolph stared into the crowds of those who have gathered. a moment in history. the birth of a publicly own transit

three players among eight of the clintons in a lawsuit also 500 and named plaintiffs claimed the nfl and its teams illegally and mistreated painkillers and did not warn players about side effects. the claim injuries were not properly diagnosed to keep them playing in the field. >> at some point someone should oversee and let the players know too much of this or too much of that could create some problems in the long term. these are the things that were not in place are not talk about at the time. >> six of the eight named plaintiffs also sued over treatment of concussions. the nfl has not commented on this. pat sajak is being criticized for it, and teammate. he said i now believe global warming alarmists are unpatriotic racists. knowingly misleading for their own wind. good night. i guess al gore was probably not a fan. some say he was making light of the issue. he may not have been serious since the also said he likes to stir the pot. >> maybe that should have been more of a puzzle for him. husband and wives may share more than just romantic feelings. new research finds they tend to

chris fitzgerald is another neighbor and plaintiff. you can see in the neighborhood there's no sidewalks and there's winedy roads here. >> hoover elementary school was built in the 1930s, then shut down in the late 70s because of declining enrollment. but now the district is bulging at the seams. they thought reopening the old school would accommodate much of the influx. hoover is on a hillside. expensive homes on the hillsboro sideline the street across from the school. neighborhoods sued the district last spring, sighting the risk to children, the traffic impact of hundreds of cars and the overall effect on the neighborhood. the district said their own traffic study showed no safety risk. as the case wound its way through the courts, construction continued t included a big new building. the judge ordered the district to stop all construction, saying there needed to be an environmental impact report. the decision surprised school officials. >> how can a handful of people prevent a school from opening? these residents bought their how

and she helped to organize those plaintiffs to sue donald sterling because of the conditions at the ardmore building apartments which he owned. and the allegations are horrendous. the allegations in that lawsuit that her sink was not repaired. that her toilet was not repaired. that she had no working stove. that there was flooding in the apartment. that eboni jones, her daughter so courageous to continue the lawsuit after her poor mother passed away, may she rest in peace, they had to remove feces by hand from the toilet. the conditions were deplorable. this lawsuit had been brought on behalf of african-american and latino residents of the building. it was resolved. >> in other words, he paid a settlement, right? is that how it ended? >> it was settled, but ebony jones wanted everybody to know when sterling said look, i made one mistake which i think is what he said in the interview with anderson cooper. it wasn't one mistake. this is not an isolated incident. mr. sterling needs to be judged by the nba owners by his entire history. and that includes what he did at the ardmore apartm

meet the planning code and at no point did i disclose my disable or asked for accumulation from the plaintiff as we met all plans xhoomsz. in preparation i reviewed the meeting on line multiply times and look at the sdpriks with my meeting with staff. as this cuts by the planner by jessica the planner on the second floor there's a master bedroom to a gym that accumulates equipment for my condition. on the top floor we set the section of the here back increased it from 5 feet to 7 feet. that will allow enough room to go around the one table with a wheelchair. and this is the section that the dr requester was more interested in others. please understand that the plans only note items that's relevant to other items today, there are other changes we'll need to make when we get into the building. this is a 3-d rendering of the light well, it's quite large and this is even giving a better idea. i also prepared another shadow study without the front edition on the alternative i'm preparing today include in your pact that was originally not distributed we can't see that i ask you to look at that. i t

procedures and you criminal liberate and he's fought and has a record for the defendants and the plaintiff. this is the debt of knowledge and fairness to the position he will bring. i want to thank people who came to provide public comment during the rules committee. i was expressed about their commitment to protecting the community and his ability to work with all types of community. during my time on the board battling human trafficking is been addressed. this is a model program for the country. his expertise has helped with the are foreign consults and worked with the asian women's shelter and this is for human trafficking. he has prosecuted cases on folks and been an advocate for all community. he brings together coalitions he started the minority bar commission and started the equal justice society and served on the california state bar. in addition to his professional work and community service victor has mentored many and that's the personal accounts from his ment tests they have become excellent so again, i want to thank you for the opportunity to thank the police commission everyo

second, there are there are situations in which plaintiffs, and there are pending challenges now, have challenged secret service policies, for example a secret service policy that no that bars certain supports for signs from a parade route. that's being challenged now in the court. and then if there are bivens claims, we think there are allegations that would survive. but we do recognize that this would that that a ruling on qualified immunity here would cut back on damages claims against individual agents, but we think that's appropriate in light of the difficulties they face. >> you know, i really i really don't understand what the government is doing here. it seems to me you want to win this case, but not too big. [laughter] in in light of the arguments waived below and the arguments not made here, you want us to find for you, but on the narrowest possible ground. i would think it is in the interest of the united states and the secret service to say there are no bivens first amendment actions, but you don't make that argument. didn't make it below -- don't make it here. likewise, it

but the brown family and their fellow plaintiffs stood firm in the face of opposition. their legal teams didn't waiver, by thurgood marshall, and the supporters had their backs from the beginning to the end. these parents could have given up. and i'm sure, mr. president, there are stories that are untold where parents did give up. but here the browns knew it was their responsibility to fight for justice. there was nothing given when they started this. in fact, the odds were stacked against them. so today along with my senate colleagues, i express my gratitude for the men, when many and children whose iconic efforts helped bring segregation it a screeching halt. as i've said before today, our nation is still far from perfect. sadly, we still see racism rear its ugly head. we saw what happened in nevada very recently where a man said that african-americans were better off with slavery. some people, mr. president, still believe such things. but no one can dispute that we're better off because of brown vs. board of education. so it's my hope, mr. president, that we recogniz

chris fitzgerald is another neighbor and plaintiff. you can see in the neighborhood there's no sidewalks and there's windy roads here. >> hoover elementary school was built in the 1930s, then shut down in the late 70s because of declining enrollment. but now the district is bulging at the seams. they thought reopening the old school would accommodate much of the influx. hoover is on a hillside. straddling the board of burlingame and hillsboro. expensive homes on the hillsboro side line the street across from the school. neighborhoods sued the district last spring, sighting the risk to children, the traffic impact of hundreds of cars and the overall effect on the neighborhood. the district said their own traffic study showed no safety risk. as the case wound its way through the courts, construction continued. it included a big new building. the judge ordered the district to stop all construction, saying there needed to be an environmental impact report. the decision surprised school officials. >> how can a handful of people prevent a sc

call it home field advantage for plaintiffs. the latest lawsuit pits former players against the national football league filed in northern california and that's not by accident. >> if i had a plaintiffs class action suit i would file in the northern district of california. >> reporter: kpix 5 legal analyst melissa griffin-caen says these courts are the most liberals in the land from the judges to the juries with cases often overturned by the supreme court. it's an issue griffin thinks the nfl will immediately try to tackle. >> they are going to try to move it first, i think, and then after that they are going to try to keep it from become a class again based on this argument that addiction is personal. >> reporter: the lawsuit comes with some harsh claims about life in the nfl, doctors in effect becoming drug pushers, ruining lives addicting players, ruining lives after football, too. griffin-caen says proving addiction will be an uphill legal battle. >> because you're trying to argue mass addiction and addiction is just too per

. >> joe hagerty is one of the plaintiffs in the lawsuit. he and the others point to the dangerous narrow streets that front the school. like summit drive with its blind curves. chris fitzgerald is another neighbor and plaintiff. >> you can see in the neighborhood, there's no sidewalks, and there's windy roads here. >> hoover elementary school, it was built in the 1930s, then shut down in the late '70s because of declining enrollment. but now the district is bulging at the seams and thought reopening the school would accommodate the influx. expensive homes on the hillsborough side line the street across from the school. neighbors sued district last spring, citing the risks to children, the traffic impact of hundreds of cars and the overall effect on the neighborhood. the district said, its own traffic studies showed no safety risk. as the case wound its way through the court, construction continued, including a big new building. but the judge ordered the district to stop all construction, saying there needed to be an environmental impact rep

. >> good afternoon from the plaintiff i manage the department implementation team to help deliver the infrastructure that envisioned from our area plan we do that there working with project sponsors to verify in kind agreements we bring for your approval of the waiver of the impact fees before i turn it over to my colleague i want to take a few brief minutes to overview the process we have 3 of them coming to you within the next 3 months so you're going to be seeing a lot of it and at this point make sure you understand the process. we look at the in kind agreements as a mechanism to get the improvements for streetscapes and infrastructure it's the way to envision vesting with the community and go through a cheaper way to get those built. technically they're an impact fee waiver for the dick developer they get the value for the improvements and pace an lessor amount of the impact fees and just to be clear in order to get the consider for the in kind agreement they have to go bovdz the project if it's a project requirement no impact fee. so we make our determinations is that the commis

i really appreciate the improvements that the plaintiff has initiated i have owned a flower shop on upper market near castro for 40 years during that time i've seen pottery barn and wall grnz and expansion and cvs and many others. when the hordes of tourists come to the castro and is there's a wonderful cfo or swash shop or jeffreys nature pet shop it feels like a healthy situations when we say they have 8 quiznos or 8 petting could see it is like cal did you michigan there's no reason to visit the castro if there's another strip mall. not everyone agrees with us so the senseable compromise defining formula retails as having more than 11 locations the numbers should not increase and the formula retail businesses that should remain as is and every formula retail business should go through the same process. it's been empty storefronts have been talked about and there's lots of reasons for this in the castro there's that on landlord that owns many, many buildings and seems to refuse to rent them out but also where cvs was holding out years and years and years for formula retail to get more i

. >> what i reviewed the meeting from last time the direction from 6 to 8 feet i meet with the plaintiff 7 it is mothering most i can do await doing away if with the dining room. >> so your set back is that it sounds like this is fine. a couch other things the dr requester they want to drop the height of that section we're talking about called the dining room or is breezeway and i think the present height is 11 feet externally and 11 feet internally i can ask the staff about the height of that section >> according to plan yes. >> i'm trying to accommodate some of the height if we drop that down to a 10 foot exterior height that brings us with the 9 foot interior this is a nice size room i'll suggest that and we could gain more light coming in the light well, and to the project dr requester and the other thing is on that section where the windows are i'm not i'm not sure it's part of the glazing it was optional a couple of feet away's raise that up to 3 feet at least 3 feet because that will give plenty which windows. so raise the window in the dining room >> not raise the window itself b

the plaintiffs have pled a clauseble claim. we've done so for three reasons and we pled it as a sole cause. this was solely the cause, not a security rationale, but the sole cause of the move here was the viewpoint being expressed. >> if all that had been was the move to fourth street, it would have been an equal distance from the pro-president demonstrators. >> i think that would be a more difficult case for us to prevail because we wouldn't have one of the prongs on which we rely which is the disparate treatment as one of the factors we rely on -- >> then would you say -- you uld then note -- [inaudible] -- they moved them just the one street over so they wouldn't be in a position to throw a hand grenade to the patio. >> i think as a practical matter we would likely not have as tenble a case as we do. if in fact the only reason for the move was the officers' intent to move the anti-bush demonstrators further from where they were so they could be heard less loud, that would in our view state a claim for relief. is it would be

of that we have found 78 cases with the plaintiff, or the was a settlement. fr

the primary claim was in 28 cases. 19 plaintiff and nine settlements. we then wanted to know how many of those involved a criminal record. and what we discovered was only 11 out of the 28 involved a criminal record. so employers' fear of being sued for negligent hiring was really -- should not be a great fear, especially when you think about new york which there are so many various employers. there are 5588,115 -- 588,115 reporting employees. so when you look at that number, you see it's negligentible. the last thing as my time up is, is that when we did this study, one of the things we were not able to see is whether, in fact, any of the employers took into account the requirements of our law, we call 23a, which requires an eight-factor analysis if someone has a criminal record and you've done your due diligence. then the criminal record, the presumption, is it will not be admitted into evidence in a negligent hiring lawsuit. so the 23a factors are very much like the eeoc guidelines which i'm sure we'll talk about later. thank you. [applause] >> thank

plaintiff attorney do you recall seeing the document, no, and it is unlikely if i had i would have read it. you are saying you wouldn't have read it? that is what i am saying. i am not trying to be unreasonable. outside court attorneys seeking access to the beach had a sharp reaction. >> i was dumb founded of the lack of ability to explain or remember. >> reporter: since he bought the area this is as close as you can get. we needed a helicopter to get pictures of it. surfers remember when they used to go to the beach before he closed off public access to it. >> impossible to get down there. >> reporter: attorneys argue he has every right to lock the gate but surf riders are asking permission. surfers would like to get the beach back. >> great place to take the kids, family, protected by the winds. so a lot of times beaches will be cold and that will be nice to go down there and enjoy. >> reporter: the trial wraps up this week and then the judge will issue a ruling. reporting live, rob roth, ktvu channel 2 news. >>> how the east bay is dealing with the drought and a heat wave. >> and two