being formula retail and conditional use for ground floor we should be encouraging them to go onto the steck second floor i'd like to add an amendment they'll not be formula retail if they're on the second floor and thank you supervisor mar and i thank victor long and others from the city attorney's office for their hard work i have a minor amendment to read into the record and besides this small business accreditation coalition i want to thank the chamber of commerce for giving great recommendations we did our best to integrate into the record as well. >> supervisor wiener can we have our colleague maybe supervisor cohen has something to audio. >> i do have a couple of remarks i want to say thank you to the planning commission and the planning department and supervisor mar's coming together with a solid piece of legislation i wanted to give voice to the fact there are some neighborhoods like the ones i represented that welcome formula retail and depends on the large recognition to increase the foot traffic to support the smaller mom and pop businesses that also exists on the major corridors

with regard to steck shin fi5. i think it would be helpful to identify what section 5 requires. this is -- in the 2011 guidelines f government's view and this is how this has long been understood, that the black proportion can be reduced to the point where blacks no longer have the ability to elect the candidate of their choice. until you get to that point, changes are not retrogressive. >> it's speculative, but i think if alabama had reduced the number of majority voters in majority/minority districts in a significant way, the attorney general would have come down on them like a ton of bricks. >> that's not correct, your honor. >> he also -- the government's view of this is set out in georgia versus ashcroft and in the oral argument of mr. stewart at the time, as they claimed it and this remains their view and consistent with the way the department has operated, until the numbers can fall, until it gets to the point where the ability to elect is in question. >> i have a problem. can i just go back to your shaw nonshaw? >> basically you're saying you don't have a shaw challenge?