Posts Tagged ‘laws’

Uh Oh: The “Parking Angels” App is Coming – Something Like This Could Cost the Corrupt SFMTA MUNI DPT a Lot of Money

Monday, August 4th, 2014

What’s this, a way for people to band together against our corrupt SFMTA?

You tell me, Gentle Reader

Hey, what would you do if you knew you were spilling tens of thousands of gallons of petroleum into our San Francisco Bay?

Our SFMTA had a question like this. It failed. Oh well. See below.

Guess what, our SFMTA now wants you to vote yourself a rent increase in order to give it more money. You’ll have your chance to vote on it November 4th, 2014.

Ah memories:

SAN FRANCISCO (November 2, 2009) – The U.S. Environmental Protection Agency is taking action against the San Francisco Municipal Transportation Agency following federal violations of the Clean Water Act and Resource Conservation and Recovery Act.

On the page:

Overview and Location of Facilities

The City and County of San Francisco is a municipality organized under the laws of California that operates the San Francisco Municipal Transportation Agency (“SFMTA”) and the San Francisco Public Utilities Commission (“SFPUC”). The SFMTA operates a diverse fleet of trolley cars, street cars, light rail, alternative fuel vehicles and 495 diesel buses that are serviced and re-fueled at facilities owned and operated by the SFMTA. The SFPUC provides water, wastewater and municipal power services.

Between November and December 2005, approximately 940 barrels (39,488 gallons) of red dye diesel fuel were discharged from one of the Municipality’s underground storage tanks (USTs) at the John M. Woods Motor Coach Facility (Woods Motor Coach Facility). The diesel spread through a piping system into a storm drain, through wastewater collection piping to a pump station, into Islais Creek and eventually San Francisco Bay.

The discharge was caused by a ruptured hose. The leak continued for several days, as sensors, flashers and alarm reports and other leak indicators were ignored. This failure by SFMTA to comply with federal requirements for the management of USTs resulted in the release of diesel fuel and Clean Water Act discharge and pretreatment violations.

After this spill, EPA conducted inspections at several of SFMTA’s facilities and identified violations of EPA’s spill prevention regulations at three of them: Flynn, Kirkland, and Marin.

The five facilities covered by this settlement are in the City and County of San Francisco:

  • Woods Motor Coach Facility – 1095 Indiana Street
  • Flynn Motor Coach Facility – 15th and Harrison Street
  • Kirkland Motor Coach Facility – 151 Beach Street
  • Marin Fuel Stand – 1399 Main Street
  • Southeast Water Collection System Pump Station”

Here’s How San Mateo Handles Day Laborers: Huge Signs Telling You Where To Go To Find Them

Tuesday, June 10th, 2014

Thusly, just off the 101

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This place has been around for a long time.

Of course, some cry foul:

Virginia Kice, a spokeswoman for the U.S. Immigration and Customs Enforcement agency, the arm of the federal government in charge of enforcing the nation’s immigration laws, said her office is focused on fighting terrorism, but still wants employers to know they are violating laws and subject to sanctions if they hire people who are not authorized to work in the country — including the workers from the San Mateo center. “That said, our primary concerns now are fighting human smuggling, counterfeit employment documentation and helping ensure domestic security,” Kice said.

The Overwhelmed Dog Walkers of Golden Gate Park – Sometimes Five Pooches are Too Many

Monday, December 9th, 2013

As here:

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ABERCROMBIE HOT, ABERCROMBIE NOT – Raging at the Madding Crowd Near 5th and Market – Intervention a Kindness?

Tuesday, June 11th, 2013

Yes, official intervention would be kindness to this raging woman, who was attracting stares from hundreds of tourists near Union Square the other day.

Click to expand

But then she’d only get sprung with a quickness.

So what’s the problem?

Is it our local, state and national laws?

Or the way we enforce them?

Both?

Oh well

Racist San Francisco Pizza Delivery Map Evolution – Western Addition, Twitterloin, and Potrero are No Go – Yet It’s Legal

Tuesday, April 30th, 2013

[GRUB STREET SF has an explanation from the owner. Plus there’s good news for Dogpatch! Sort of. Before 7:30 PM, anyway.]

Remember back in the day, back  more than a half-decade when a joint like Amici’s East Coast Pizzeria could get away with a delivery map like this?

Check it, the Western A and the Potrero Hill PJs were carved out of the delivery areas and the gritty “Uptown” Tenderloin / Twitterloin / 6th Street / Flank area only enjoyed daytime delivery, thusly:

And then came this map, which is a little less racist:

And oh wait, this is the current map still.

(At least the southern part of Potrero Hill isn’t carved out so blatantly these days.)

One wonders what sassy District Five Supervisor London Breed or District Six Supervisor Jane I mean, I’m just saying Kim or feisty District Ten Supervisor Malia Cohen would think about these maps.

This pizza delivery driver safety issue was the talk of the town over at Eater SF and kissing cousin Curbed SF a half-decade back. Let’s review.

Taxi drivers can’t legally refuse to take you to certain areas of San Francisco due to their concerns over personal safety. Non, non, non. That’s a crime called failure to convey that can land a cabbie in the hoosegow. Why are pizza drivers treated differently?

Because in 1996, Supervisor Willie Kennedy gave us a law, (one that became national news), but then it got watered down such that a “reasonable good faith belief” that a driver would be in danger in a particular nabe is now enough to allow the brazen publication of redlined pizza maps.

And check it, flower and newspaper delivery people are off the hook as well.

Note also that there doesn’t seem to be any designated punishment for a violation anyway. Oh well.

To review, cabbies are on the hook, delivery people not.

NB: Dominoes appears to use a different map, or maybe none at all, as it seems they’ll delivery just about anywhere in our seven square.

The More You Know…

SEC. 3305.1. HOME DELIVERY SERVICES.

(a) It shall be unlawful for any person or business entity to refuse to provide home delivery services to any residential address within the City and County of San Francisco falling within that person’s or business entity’s normal service range. A person or business entity may not set its normal service range to exclude a neighborhood or location based upon the race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight or height, of the residents of that neighborhood or location. Where a person or business entity regularly advertises home delivery services to the entire City and County, that person or business entity’s “normal service range” shall be defined by the geographic boundaries of the City and County.

(b) For purposes of this Section, “home delivery services” shall mean the delivery of merchandise to residential addresses, when such services are regularly advertised or provided by any person or business entity.

(c) Notwithstanding any other provision of this Section, it shall not be unlawful for a person or business entity to refuse to provide home delivery services to a residential address if (i) the occupants at that address have previously refused to pay in full for services provided to them by that person or business entity; or (ii) such refusal is necessary for the employer to comply with any applicable State or federal occupational safety and health requirements or existing union contract; or (iii) the person or business entity has a reasonable good faith belief that providing delivery services to that address would expose delivery personnel to an unreasonable risk of harm.

(Added by Ord. 217-96, App. 5/30/96; amended by Ord. 295-96, App. 7/17/96; Ord. 222-02, File No. 021462, App. 11/15/2002)

Uh, the San Francisco Bicycle Coalition is Giving Out Chocolate Bars for Those Who Are “Biking Polite?”

Tuesday, March 5th, 2013

Yep. See below.

Observations:

1. Can somebody tell me when our San Francisco Bicycle Coalition became a quasi-official government organization, and then later on also tell me when it becomes a full-fledged subsidiary of the SFMTA? I ask that because the SFBC gets a lot of funding from SFGov. (That’s why the SFBC stopped promoting Critical Mass – because its government paymasters kept bugging them about it.) And the SFBC got included in that whole corrupt lets-let-Twitter-not-pay-taxes deal? Yep. And yet, the SFBC is allowed to freely endorse candidates for Mayor, and I’ll tell you, not necessarily the candidates that SFBC membership votes for, no no, but for the candidates that the officers of the SFBC think will win, like Appointed Mayor Ed Lee, for example. Mmmm…

2. Uh, the SFBC is still promoting the whole PEDESTRIANS ALWAYS HAVE THE RIGHT OF WAY trope? Yep. Even though that’s wrong. Dead wrong. Morally and legally. Here’s why. So, shouldn’t you have checked with a lawyer first, SFBC, you know, before you start spouting off about “BIKELAW”? (Oh, you did? Who’s that? Who’s that jackass?)

3. And, your attempts at moral suasion in this post-Chris Bucchere era have failed, SFBC. I say that because people be still being running red lights on Market Street, particularly the ones that are for ped crosswalks only, like betwixt 8th & 7th, and 7th & 6th, and 6th & 5th and so on. Your campaign has had no effect, FYI. I’ll show you right now. Everybody in this peloton has just run the red light (actually two red lights, sort of) on Market inbound betwixt 6th and 5th streets. Each and every one:

Now I’ll ask, is this kind of thing “biking politely?” (I already know the answers to my other questions, but I don’t know the answer to this one. I don’t know what the SFMTAMUNIDPTSFBC means when it talks about ‘biking polite.”) Oh, and BTW, 20 seconds after this shot was taken, you were rewarding these cyclists with candy bars on the other side of 5th, just saying.

Oh, here we go, here’s how the SFBC, a quasi-government organization, spends your tax dollars, on campaigns like this:

Now I’ll tell you, I didn’t stop to get a chocolate bar, but if I had I would have been able to win a Major Prize. Apparently, each bar had a code on it, kind of like a Willie Wonka movie.

Check it:

“We know that the majority of people biking in San Francisco are biking politely, and giving pedestrians the right of way. So we at the San Francisco Bicycle Coalition wanted to say thank you! Thank you for following the law, being a great bicycle aombassador and leading the way in safe, civil streets.

Stopping behind the crosswalk and giving pedestrians the right of way keeps people who are on foot safe and goes a long way to making our streets safer and more comfortable for everyone.

The San Francisco Bicycle Coalition will be giving out delicious treats for those we catch biking polite. If you “got caught” by us, enter your information and ticket number below and you’ll be entered for a chance to win a great getaway at the Bear Valley Inn. Thanks to Alter Eco for donating the delicious chocolate rewards!

Giving pedestrians the right of way is just one of the Rules of the Road to biking safely and legally. For more Rules of the Road click here.

Biking Polite Prize Raffle Entry Form:

You got caught biking polite! Thanks for stopping behind the crosswalk and yielding to pedestrians.In thanks for your terrific bicycle ambassador behavior, you’re eligible for entry into our raffle to win one night mid-week stay (Sunday – Thursday) at the Bear Valley Inn, Olema CA. Please enter your contact information here to enter our raffle; your information is confidential and will not be shared.”

On It Goes…

Gascon’s Boner: Kokkari-Boozing Drunk Driver Kills a Tourist Then Runs – But Only a Year in Jail for Joshua Calder?

Thursday, August 2nd, 2012

Wow, this case ended up with a plea bargain for just twelve months in jail?

The case of Nils Linke used to be a BFD.

See? 

Click to expand

But late last month it evaporated into nothingness, into a simple jail term.

So, you can booze it up at world-famous Kokkari restaurant, run over a German tourist despite your gf yelling at you to look out, get out of the car to move the German tourist’s bike off of the road (no, not him himself, just the bike, you leave the dude himself to die), get back into the car after switching seats with the gf, and then drive away, and your punishment, years later, will be, what six months, eight months, in county jail because that’s what District Attorney George Gascon is willing to sign off on. No trial, no nothing, just a plea deal.

So what would Joshua Calder have gotten without the hitting and the running and the seat switching? Three months? Community service?

Mmmm….

Showing How STRAVA, Inc is Dealing with Its Legal Challenges: Here’s What the “Hyde Street Bomb!” Looks Like

Wednesday, June 20th, 2012

Take a look at this segment created by the “Strava Community” of troubled Strava, Inc. owners, managers, and/or users.

See? This is a bike trip down Nob Hill through the Tenderloin to the Mid Market:

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Note the innocuous-sounding title: Hyde/Market st.

But also note the URL up there. The name of this segment used to be “Hyde Street Bomb!” But that doesn’t look so hot when you’re in the national news for getting sued.

Oh, here it is, have a go on the YouTube – will the cyclist beat all those cagers in Priuseses what stop for red lights? Hells yes:

Now, do you think that the “Strava Community” might have had an effect on the behavior of this cyclist?

You Make The Call.

And oh, here’s how that Strava webpage looked before, was it just a day ago? Two days ago? I don’t know. But this is quite a recent change. Alls I know is that somebody in the “Strava Community,” be it an owner, manager, legal advisor, person following instructions from a legal advisor, cyclist, or, really, anybody in the entire world, created this segment and/or edited it.

The people at Strava, Inc. aren’t what you call transparent, so it’s hard to tell.

Anyway, here’s your Hyde Street Bomb!

Does registering for Strava and racing down Nob Hill in this fashion make you an “athlete?”

Again, You Make The Call.

So Let’s Hear From Michael Horvath, CEO and Co-Founder of Troubled, SF-Based STRAVA, Inc. – Lawsuit Blog Post

Tuesday, June 19th, 2012

Well here’s The Statement, from a few days back:

“Stand with Us”

UH, “STAND WITH US” WHILE WE GET SUED INTO OBLIVION? IS THAT WHAT YOU’RE TALKING ABOUT ON THE EVE OF THE NEWS OF YOUR BIG WRONGFUL DEATH LAWSUIT? OK.

“Posted by Michael Horvath on June 17th, 2012″

JUNE 17TH – LOOK AT THE TIMING, JUST BEFORE THE STATUTE OF LIMITATIONS. MMMM…

Each and every day we strive to improve Strava for you,­ the athlete. We are athletes too, just like you.

LET’S SEE HERE, SIGNING UP FOR STRAVA = BEING AN ATHLETE. GOT IT. YOU DON’T HAVE TO TELL ME TWICE. OH,  WELL I GUESS YOU JUST DID. UH, ALL RIGHT, YOU DON’T HAVE TO TELL ME _THREE_ TIMES.

As the Strava community grows, we all need to follow a few simple guideposts to ensure that Strava’s impact is positive.

GUIDEPOSTS AND NOT RULES? ALL RIGHT.

This is what we, the Strava community, stand for:

NOW WAIT A SECOND, AREN’T YOU THE FOUNDER AND CEO, MICHAEL HORVATH? I THINK SO. BUT ARE YOU A PART OF THE “STRAVA COMMUNITY?” REALLY? BUT _YOUR_ COMPANY IS GETTING SUED THOUGH, RIGHT? NOT THE “ATHLETES” WHAT MAKE UP YOUR USER BASE. I THINK YOU ARE CONFLATING THE OWNERS/MANAGERS OF STRAVA WITH THE USERS OF STRAVA, JUST SAYING. ALL RIGHT, OFF YOU GO THEN…

We know the rules. Laws and rules are created for our protection. Cycling, running and swimming are inherently dangerous and following the law, and common sense, when it comes to traffic, weather, or conditions, reduces our odds of getting hurt or hurting others. It’s as simple as that.

SO, I’LL STILL BE ABLE TO HAVE MY TIMES POSTED SHOWING ME GOING 20 MPH OVER THE LIMIT? CAUSE, YOU SEE, THAT’S NOT FOLLOWING THE “LAWS,” RIGHT? BUT I GUESS, AFTER YOU TALKED WITH A LAWYER OR TWO, YOU’RE TELLING YOUR USERS, THE SAINTED “ATHLETES” YOU WRITE ABOUT, TO FOLLOW THE LAW? OK FINE.

We rest. We listen to our bodies to avoid injury and we inspire in ways other than by being #1. We don’t burn ourselves out. We enjoy our recovery days because they too tell our story on Strava.

WHAT DOES THIS HAVE TO DO WITH YOU BEING SUED? DOES THIS EVEN BELONG HERE?

We kudo sportsmanship. We all want to get kudos by being great at our sport. We are courteous and treat others with respect. We earn our spots on the leaderboards through clean competition.

UH, KUDO IS NOT A VERB, RIGHT? OK YOU KNOW THAT BUT YOU’RE BREAKING NEW GROUND, OK FINE. UH, IS BIKE-RIDING A SPORT? I THINK I’M SEEING THE PROBLEM HERE. WAS CHRIS BUCCHERE ENGAGING IN SPORT WHEN HE WAS GOING WAY TOO FAST ACROSS MARKET STREET? SHOULD HE HAVE BEEN? IS DRIVING A CAR DOWN MARKET STREET A SPORT? SHOULD IT BE? I DON’T THINK SO. AND IF MEMBERS OF THE “STRAVA COMMUNITY” AREN’T COURTEOUS AND RESPECTFUL, DO THEY GET COUNSELING OR SOMETHING? OR DO THEY JUST GET KICKED OUT? CAUSE  I CAN THINK OF A FEW OF YOUR MEMBERS WHO HAVEN’T KILLED THEMSELVES/OTHERS, SO, YOU KNOW, THEY’RE NOT AS WELL-KNOWN AS SOME OF THE OTHER MEMBERS OF THE STRAVA FAMILY, BUT THEY DON’T MEET YOUR STANDARD AS STATED HERE – THEY AIN’T COURTEOUS/RESPECTFUL AT ALL. AND LASTLY, DOES “CLEAN COMPETITION” INCLUDE RUNNING RED LIGHTS? I’M NOT SURE.

We think ahead. We showcase a lot of awesome data about where we go, who we work out with and how hard we push ourselves. If we don’t want everyone to know what we’re up to, we take the necessary privacy precautions before we upload, like setting privacy zones and choosing who can follow us and what they can see.

UH ISN’T THIS A MISH-MASH OF THREE DIFFERENT CONCEPTS?

We’ve got each other’s backs. We watch out for one another. The community does what it can to keep things safe for everyone by looking out for potentially dangerous situations and flagging segments as hazardous.

SO, SELF-POLICING IS THE ORDER OF THE DAY AT STRAVA? HEY, DIDN’T THE “SOUTH PARK DESCENT” GET FLAGGED AFTER KIM FLINT’S DEATH? I THINK IT DID. BUT DIDN’T IT COME BACK, COURTESY OF THE “STRAVA COMMUNITY?” YES IT DID, AND WITH HIGHER SPEEDS THAN WHAT KIM FLINT “ACHIEVED.”

If you want to be part of the Strava community, we’d like you to stand with us and take these guideposts to heart.

SO, YOU’RE GOING TO START KICKING PEOPLE OUT? ALL RIGHT. I DON’T BELIEVE WHAT YOU AND YOUR LAWYERS ARE SAYING HERE, BUT ALL RIGHT.

AND YOU STILL HAVE NOTHING TO SAY ABOUT KIM FLINT OR CHRIS BUCCHERE?

ALL RIGHT.

Now, let’s hear from Paul Kapustka of Mobile Sports Report:

“Something tells us that if lawyers are getting involved, it’s not going to be as simple as a statement on a blog to prove that Strava.com’s competitions didn’t cause harm. Or that the bad apples aren’t a part of the Strava.com community. There are going to be many who decry the lawsuit as some part of a nanny-state weirdness, but there is probably some legitimate question to be asked whether or not a site that promotes virtual competitions on real streets and trails is responsible for the participants’ actions, much in the way a 10K race must take out insurance to cover its runners. I have a feeling this may be the tip of the iceberg for such sites like Strava.com.”

Here’s What the Current SFPD Crackdown on Market Street Cyclists Looks Like – No Tickets Yet, But the Cops Will Yell at You

Wednesday, February 1st, 2012

For some reason, Market Street has crosswalks in the middle of blocks, complete with traffic lights. So cyclists tend to look around for peds and then blow on through, multiple times a day, you know, for decades no problem.

But these days the SFPD is trying to change things by actually enforcing California Vehicle Code CVC 21453 on bike riders just as if they were car drivers!

But, I wouldn’t call this a sting* or nothing, I mean, it’s just the cops slowing you down to yell at you at bit.

This boring video of three minutes of yesterday’s inbound commute here shows what it’s like – the motorcycle cop had just yelled at the cyclist you can see on the right at the red light:

(The yelling occurred at :40 or so.)

One supposes the next step in this operation will be to have the SFPD actually start handing out citations.

(Actually, cops don’t really like citing cyclists, for various reasons. One supposes that this is an enforcement action specifically directed at bike riders. This kind of thing occurs from time to time of course.)

On It Goes…

*”A typical sting will have a law-enforcement officer or cooperative member of the public play a role as criminal partner or potential victim and go along with a suspect’s actions to gather evidence of the suspect’s wrongdoing.”