Posts Tagged ‘laws’

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.”

Why You Can’t Ignore All Those “Right Turn Mandatory” Signs in Mid Market: An SFPD Police Drama in Three Acts

Monday, January 30th, 2012

I’ll tell you, area locals driving inbound on Market Street know that they shouldn’t go straight at the intersection with Sixth Street, so they look around for cops first and then proceed through.

But tourists and bridge-and-tunnel-types, well, they just can’t wrap their heads around ideas like how you can’t turn right off of inbound Market at Octavia and how you must turn right at 10th and also 6th.

Act 1: Tourists in a Mazda 3 dare to journey to the 415 to empty their pockets and pay one of the highest sales taxes in the land. Don’t you hate these fuckers already?* (Note heavily armed cop standing on Market audience right, but, no matter, the Chekhov Rule will not apply in this production.)

Act 2: Cold busted. The long arm of the law extends:

Act 3: Hundreds or thousands of dollars in court fees, DMV points, driver education classes, and/or increased insurance costs. Welcome to San Francisco, stranger:

Epilogue: Oh well. 

This is every light cycle every Saturday morning. It’s fish-in-a-barrel time. You’d think the motorcycle cop would regularly hang out and rack up tickets all day long, but it probably would get boring for him. Anyway, he took off soon afterwards.

But, if he’s waiting for you, look out, tourists!

*I don’t, personally. Not at all. In fact, I feel sorry for them when they get raped or shot in the head because they don’t know where not to go. Oh well. 

WTF? Boozing, Pot-Smoking Joshua Calder Wasn’t DUI, Negligent Before Killing Nils Linke, Per Attorney

Wednesday, August 3rd, 2011

The San Francisco Examiner was on the scene today at a hearing for Joshua Calder. Looks like the People of the City and County of San Francisco are going to trial against him. Oh, and see what the Bay City News Service adds in, via The Bay Citizen.

Click to expand

So, for equal time, here’s another side to the story:

“SAN FRANCISCO, Jan. 18, 2011 – Petra Linke and Jüergen Schneider-Linke have filed a wrongful death lawsuit (case no.CGC-11-507332 [see SF StreetsBlog]) in San Francisco County Superior Court for the August 13th death of their son, 22-year-old Nils Yannick Linke, a German tourist who was fatally struck by a car while riding his bicycle on Masonic Avenue in San Francisco.  The suit, filed by The Veen Firm, names Joshua Calder, the vehicle’s driver; Nicole Mairs, Calder’s girlfriend who was a passenger in the vehicle; and June Soelberg, the vehicle’s registered owner.  Calder is facing criminal charges for vehicular manslaughter while intoxicated and leaving the scene of an accident; he remains free on $500,000.00 bail.

“The defendants willfully got behind the wheel of a car after an evening of drinking and struck down Nils as he rode his bike.  They left the scene of the accident without rendering any assistance or calling for help.  The result is this young man’s tragic death.  While Calder is being tried in a criminal court, all of the defendants are also guilty of negligence.” said Kevin Lancaster of The Veen Firm.

On Aug. 13, 2010, Calder and Mairs had dinner in San Francisco, consuming two bottles of wine, a champagne cocktail, a beer and two shots of liqueur.  After leaving the restaurant, Calder was driving a Mercedes-Benz, registered to Mairs’ grandmother, June Soelberg.  While driving down Masonic Avenue, Calder struck Linke from behind.  Linke’s bike had a flashing white light on it.

The complaint alleges that Calder collided into Linke, causing him to hit the windshield before he landed in the street.  Calder then pulled the car to the side of the road and checked on Linke, who was convulsing and bleeding from the nose and ears.  Instead of rendering aid or calling for help, Calder moved the mangled bicycle to the side of the road, and returned to the car.  Mairs took over driving and sped away from the scene of the accident.

A few blocks away, police officers stopped the car.  Calder was arrested for driving under the influence; more than two hours after the accident his blood alcohol content was .10 percent.  His blood also tested positive for cannibinoids.

Linke was transported by the San Francisco Police Department Medic to San Francisco General Hospital, where he died from his injuries.

“Clearly this tragedy is a direct result of Maris’ and Calder’s blatant disregard for the safety of others.  However, this case also highlights the need for safer streets for bicyclists in the city.  For years, safety advocates and residents of Masonic Avenue have been attempting to get the San Francisco Municipal Transportation Agency to implement more traffic calming measures in the area.  For instance, the area between Fell and Geary on Masonic has ranked as the tenth highest corridor for bicycle collisions for the past five years.  Due to the efforts of groups such as Bike NOPA, SF Bike Coalition, Fix Masonic, and others, many changes have been made and more are in the works.  The streets should be safe for all roadway users, including bicyclists,” added Lancaster.

The Veen Firm focuses on recovering damages for the catastrophically injured and has since 1975.  The firm specializes in catastrophic injury, construction accident, legal malpractice, medical malpractice, negligence, premises liability, product liability, toxic exposure and wrongful death cases. For more information visit:  http://www.veenfirm.com

And here’s some background from last year. (I don’t know how many continuances this case has had, but it’s best for everyone to get it tried quickly, right?)

“Wow, writer Brent Begin is all over the case of Nils Linke, who was  killed in a collision with the Mercedes-driving Joshua Calder last Friday. Here are the latest allegations made public.

First the “booze-soaked dinner” at Kokkari:

“Investigators pulled the receipt for the meal, which included two bottles of wine, shots of liquor and after-dinner drinks, according to documents.”

And then the alleged seat switching:

“Witnesses report seeing Calder smash into the back of Linke and his bicycle, then getting out of the driver’s seat, moving the bike to the side of the road, then switching seats with his girlfriend before fleeing the scene.”

Was the SFPD able to pull prints off of the bicycle? If so, this is not your typical hit-and-run felony case, that’s for sure.

Wonder how up-to-speed the staff at Kokkari is about California law. We may soon find out….

CA Business and Professions Code 25602:

(a) Every person who sells, furnishes, gives, or causes to
be sold, furnished, or given away, any alcoholic beverage to any
habitual or common drunkard or to any obviously intoxicated person is
guilty of a misdemeanor.
(b) No person who sells, furnishes, gives, or causes to be sold,
furnished, or given away, any alcoholic beverage pursuant to
subdivision (a) of this section shall be civilly liable to any
injured person or the estate of such person for injuries inflicted on
that person as a result of intoxication by the consumer of such
alcoholic beverage.
(c) The Legislature hereby declares that this section shall be
interpreted so that the holdings in cases such as Vesely v. Sager (5
Cal. 3d 153), Bernhard v. Harrah’s Club (16 Cal. 3d 313) and Coulter
v. Superior Court (____ Cal. 3d ____) be abrogated in favor of prior
judicial interpretation finding the consumption of alcoholic
beverages rather than the serving of alcoholic beverages as the
proximate cause of injuries inflicted upon another by an intoxicated
person.

CA Business and Professions Code 25602.1:

Notwithstanding subdivision (b) of Section 25602, a cause
of action may be brought by or on behalf of any person who has
suffered injury or death against any person licensed, or required to
be licensed, pursuant to Section 23300, or any person authorized by
the federal government to sell alcoholic beverages on a military base
or other federal enclave, who sells, furnishes, gives or causes to
be sold, furnished or given away any alcoholic beverage, and any
other person who sells, or causes to be sold, any alcoholic beverage,
to any obviously intoxicated minor where the furnishing, sale or
giving of that beverage to the minor is the proximate cause of the
personal injury or death sustained by that person.

CA Civil Code 1714:

(a) Everyone is responsible, not only for the result of his
or her willful acts, but also for an injury occasioned to another by
his or her want of ordinary care or skill in the management of his or
her property or person, except so far as the latter has, willfully
or by want of ordinary care, brought the injury upon himself or
herself. The design, distribution, or marketing of firearms and
ammunition is not exempt from the duty to use ordinary care and skill
that is required by this section. The extent of liability in these
cases is defined by the Title on Compensatory Relief.

(b) It is the intent of the Legislature to abrogate the holdings
in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v.
Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court
(1978) 21 Cal.3d 144 and to reinstate the prior judicial
interpretation of this section as it relates to proximate cause for
injuries incurred as a result of furnishing alcoholic beverages to an
intoxicated person, namely that the furnishing of alcoholic
beverages is not the proximate cause of injuries resulting from
intoxication, but rather the consumption of alcoholic beverages is
the proximate cause of injuries inflicted upon another by an
intoxicated person.

(c) No social host who furnishes alcoholic beverages to any person
may be held legally accountable for damages suffered by that person,
or for injury to the person or property of, or death of, any third
person, resulting from the consumption of those beverages.”

Should Tour Bus Drivers Be Required to Follow Traffic Laws on the Streets of San Francisco?

Wednesday, August 3rd, 2011

[UPDATE: OMG, yes this is kosher, owing to the “Except Buses” sign what appears on the second no left turn sign that you can’t see because of the bus. I stand corrected. See Comments.]

I mean, is this Kosher?

As seen on Van Ness and Post:

Click to expand

I don’t think so.

Is this the designated route for this particular bus?

The Euros, They Just Don’t Care: No Helmets, No Lights, Riding Side-By-Side Down Deadly Masonic Without a Care

Monday, July 18th, 2011

These chatty Euro-types are braver than I.

They’re from a cycling culture different from America’s, that’s for sure.

I was on the sidewalk* by the time they ended up taking up the slow lane of deadly Masonic southbound, languidly cruising side-by-side at about half the speed limit all the way to Fell.

Where Nils Linke died last year and James Hudson died this year:

I’m afraid of Masonic, myself. But that’s nothing a little reorganizing couldn’t fix.

Of course our corrupt SFMTA, the worst-run agency in town, has a plan for this part of Masonic. But it’s afraid to implement safety measures quickly and cheaply because that would lower support for what the SFMTA wants to do, which is to wait years and then spend years and eight figures (million$ per block) planting trees and whatnot.

To fight blight, or something.

To make area property owners happy.

Oh well.

At least by then, we’ll have our Target store on Masonic.

Right Charlize and Bullseye?

*As I’ve stated before these people died, all cyclists should be on the wide sidewalks of Masonic instead of actually being on Masonic betwixt Turk and Fulton, generally.

How to Deal With Hollywood Jackholes What STILL Haven’t Paid “Contagion” Film Extras Since February

Thursday, April 14th, 2011

Now it was a little funny earlier this year when a high level person at Rich King* Casting started quoting sub-minimum wages for extras in that new Contagion movie starring, I don’t know, everybody, you know, these people right here (and let’s throw in Famous Movie Director Steven Soderbergh too – he’s a luminary as well):

But then somebody, no not somebody from the local Film Commish and not any MSM reporters (who don’t seem to be aware of what the minimum wage is in the place where they live and work), but somebody up here in the 415 got word down to Los Angeles County about The Law ‘n stuff.

So fine, the RKC people changed their minds and decided to pay extras “$80″ for up to eight hours (and then they finally did the math and decided that $79.36 would be the wage, cause, you know, después de todos, dinero es dinero.)

But now word comes that RKC thinks it’s OK to pay people up to six weeks** later?

And the extras still haven’t all been paid?

And RKC is ignoring contact attempts from said extras?

Could all this be true?

Well let’s hear from a Real Life Contagion Extra:

“I got in the film as well, but its now mid April, and I have not seen the payment in the 6 weeks that the casting company stated. Got my work receipt right here – would be nice if someone from this casting agency would follow up with my contact attempts.

“It was still a really cool day either way. I got to see an amazing set up of the set @ Candlestick and didn’t mind standing/sitting around all day. That is what background extras do. All of these girls were being very rude that day saying “when are we going to meet the stars”, and “I can’t believe they are making us stand around”, and “come on! I wan’t to be in the movie already!! Shortly after one of the assistants heard those remarks, our group was dismissed for the afternoon. It is like they never listened to what they told us at the casting meeting at Fort Mason, or the information the casting directors told us over the phone when they offered us the part. I did not get an email confirmation after that day, but a personal phone call.

Would be nice to see my check, but I will give them a bit more time to respond since I bet the other 5,000 are hounding them as well. I mean come on – I am on unemployment – it would be nice to have the $79 bucks right now, but I can wait a bit”

Now, isn’t it ironic, dont’cha think, that a company what has a cavalier attitude about at least one kind of wage and hour rule would drag its feet about making payments? (Well, maybe not, in my experience.)

Anyway, all you non-union extras ought to form a union or something so you can start playing hardball with the Hollywood vanga vanga.

So why don’t you pay all your extras ASAP, Rich King Casting? Like posthaste or something.

Thank you.

Now, speaking of Hollywood, wouldn’t you like to see a list of all the movies that Steven Soderbergh has seen the past twelve months? Sure you would. See it after the jump.

*Forget about Obama’s birth certificate – I want to see the one with “Rich King” printed on it, and oh, Sandy Beach too, I want to see one of those as well – I think Hollywood still has a few guys around with that name.

**I should make a horror film – it’ll be about the horrors of Regular People dealing with Hollywood People. It’ll be called 42 Days Later.

(more…)

Good News for You Extras Working Matt Damon’s “Contagion” Movie: You’re Getting a Pay Rise – Now, $80 Per Day

Tuesday, February 1st, 2011

Turns out that you extras working on the local Contagion shoots are going to get $80 per working day instead of the $64 that Rich King Productions was talking about the other day.

Simply, the people at JKP were unaware that S.F. has its own minimum wage of $9.92 per hour.

Anyway they’re back down in Los Angeles now, but they’ve just sent a message to me how they going to pay $80 for starters and then more after the first eight hours, if necessary.

Break a leg!

Attention Extras in that Matt Damon “Contagion” Movie: SF Minimum Wage is $9.92 Per Hour

Sunday, January 30th, 2011

[UPDATE: It’s all good, hard-working extras. Just got the call from Down South about how you all are going to get at least $80 per working day. They were all apologetic, saying stuff like, “Thanks, you really saved our bacon on this one.” Turns out that San Francisco County is the only place in the entire state what has a higher-than-CA min. wage.]  

That means that $64 ($8 times 8 hours) isn’t going to cut it, right?

Remember those “unfortunate,” “innocent” 18-year-old faux prostitutes in Chinatown from the time that horrible Trauma series came to the 415 all lies and jest? Those people got paid way more than $64 a day – it was close to $80. So why should you Contagion extras get paid any less?

Is it possible that Rich King* Casting doesn’t know the minimum wage in the area where it’s casting?

Yup!

Those playing hos back in ought-nine got paid minimum wage, so why not you?

Feel the excitement:

(And the beauty part is that there are “no fees to apply” Really? No fees to stand around for hours trying to get a gig that doesn’t pay minimum wage? Sweet, Thanks Rich King Casting.)

So, extras, practice this line: “I knows I gots to get paid!”

Start chanting all together and then your $64 paychecks will increase to $79.36 paychecks tout de suite.

Of course, if they take you to the East Bay or if they shoot on Federal land(?) in the 415, well then maybe you won’t get your full $9.92 per hour. But they’re talking about filming at Candlestick Park and Chinatown,** where San Francisco laws are in full effect.

In closing, these pretzels are making me thirsty!***

Extras Needed for New Matt Damon Film “Contagion”
Filming in SF February 9-19, 2011
Casting Call
- 1/29/11 Fort Mason,
- 1/30/11 Embarcadero YMCA

Filming starts on February 9th and goes through the 19th. Before shooting though, we will be coming to San Francisco to do an open casting call for those who may be interested in working on this film on Jan 29th and 30th. We are looking for Men and Women all shapes, sizes, types and ethnicities to be background performers for this feature.

We look forward to offering the opportunity for fun,exciting PAID work to San Francisco and Bay Area area residents. We will be casting lots of locals in the production.

The date and times for the open call castings are:

January 29, 2011 (2pm-6pm)
FORT MASON CENTER
Landmark Building C
Room C260

and

January 30, 2011 (10am-4pm)
Embarcadero YMCA

All applicants need only a pen, a small photo of themselves and a great attitude. It’s as easy as that!

>> For more information about the casting call: 415-373-4202

*C’mon, “Rich King?” I suppose that’s better than Sandy Beach or something. (Never trust anyone from the movie biz.)

**Contagion in Chinatown? Hey, remember SARS? Restaurant owners would come out on Grant and to try to, physically, pull diners inside.  Bad times.

***That’s from the comments section on SFGate. (Kramer was going to be more than an extra on that Woody Allen film, but anyway…)

More Details Emerge Regarding the Death of Cyclist Nils Yannick Linke Near the Intersection of Turk and Masonic

Wednesday, January 19th, 2011

I’ll tell you, I’m ignorant of any changes made by the City and County at or near the intersection of Turk and Masonic (before or) after the night Nils Yannick Linke was killed that would have changed anything.

Anyway, consider the below a kind of opening statement if the wrongful death suit doesn’t settle.

The intersection of Turk and Masonic:

Click to expand

“SAN FRANCISCO, Jan. 18, 2011 – Petra Linke and Jüergen Schneider-Linke have filed a wrongful death lawsuit (case no. CGC-11-507332 [see SF StreetsBlog]) in San Francisco County Superior Court for the August 13th death of their son, 22-year-old Nils Yannick Linke, a German tourist who was fatally struck by a car while riding his bicycle on Masonic Avenue in San Francisco.  The suit, filed by The Veen Firm, names Joshua Calder, the vehicle’s driver; Nicole Mairs, Calder’s girlfriend who was a passenger in the vehicle; and June Soelberg, the vehicle’s registered owner.  Calder is facing criminal charges for vehicular manslaughter while intoxicated and leaving the scene of an accident; he remains free on $500,000.00 bail.

“The defendants willfully got behind the wheel of a car after an evening of drinking and struck down Nils as he rode his bike.  They left the scene of the accident without rendering any assistance or calling for help.  The result is this young man’s tragic death.  While Calder is being tried in a criminal court, all of the defendants are also guilty of negligence.” said Kevin Lancaster of The Veen Firm.

On Aug. 13, 2010, Calder and Mairs had dinner in San Francisco, consuming two bottles of wine, a champagne cocktail, a beer and two shots of liqueur.  After leaving the restaurant, Calder was driving a Mercedes-Benz, registered to Mairs’ grandmother, June Soelberg.  While driving down Masonic Avenue, Calder struck Linke from behind.  Linke’s bike had a flashing white light on it.

The complaint alleges that Calder collided into Linke, causing him to hit the windshield before he landed in the street.  Calder then pulled the car to the side of the road and checked on Linke, who was convulsing and bleeding from the nose and ears.  Instead of rendering aid or calling for help, Calder moved the mangled bicycle to the side of the road, and returned to the car.  Mairs took over driving and sped away from the scene of the accident.

A few blocks away, police officers stopped the car.  Calder was arrested for driving under the influence; more than two hours after the accident his blood alcohol content was .10 percent.  His blood also tested positive for cannibinoids.

Linke was transported by the San Francisco Police Department Medic to San Francisco General Hospital, where he died from his injuries.

“Clearly this tragedy is a direct result of Maris’ and Calder’s blatant disregard for the safety of others.  However, this case also highlights the need for safer streets for bicyclists in the city.  For years, safety advocates and residents of Masonic Avenue have been attempting to get the San Francisco Municipal Transportation Agency to implement more traffic calming measures in the area.  For instance, the area between Fell and Geary on Masonic has ranked as the tenth highest corridor for bicycle collisions for the past five years.  Due to the efforts of groups such as Bike NOPA, SF Bike Coalition, Fix Masonic, and others, many changes have been made and more are in the works.  The streets should be safe for all roadway users, including bicyclists,” added Lancaster.

The Veen Firm focuses on recovering damages for the catastrophically injured and has since 1975.  The firm specializes in catastrophic injury, construction accident, legal malpractice, medical malpractice, negligence, premises liability, product liability, toxic exposure and wrongful death cases. For more information visit:  http://www.veenfirm.com

New Jersey Assemblywoman Wants Bicycle License Plates, Registration With DMV – How Would That Fly in the 415?

Thursday, January 13th, 2011

Answer: Not very well at all.

Anyway, Joisey might this a try ’cause, apparently, over there it’s illegal to ride your bike on sidewalks.

What an odd law!

Now, some towns in CA have bike registration schemes but only for the recovery of stolen bicycles. And we have statewide laws for safety ‘n stuff but those are more what you’d call guidelines than actual laws.

Looks like Junior will be the only guy in town with a bike license plate for a good long time:

Click to expand