The Lumberjack



Students Serving The Cal Poly Humboldt Campus and Community Since 1929

Tag: laws

  • Humboldt State Violated California Law by Requiring Registration for a Public Meeting

    Humboldt State Violated California Law by Requiring Registration for a Public Meeting

    HSU briefly required registration for two public webinars as a security measure

    Update, April 22: Humboldt State Vice President of Enrollment Management Jason Meriwether penned a letter to The Lumberjack, making the case that HSU did not violate California law. Read it here.

    Editor’s note: Grace Caswell is a student in Journalism Department Chair Vicky Sama’s media law course. Almost the entire staff of The Lumberjack has also had Sama as an instructor in journalism courses.

    Humboldt State University hosted public meetings via Zoom to inform the public about its projected enrollment decline and budget cuts April 13 and 15. However, as a security measure protecting the university from “Zoom bombings,” HSU enacted mandatory registration requirements prior to entering the meetings in violation of California state law.

    “Zoom bombings” describe a new term for an infiltration or hijacking of a Zoom session with the intent to harass and disrupt the session. With an increase in Zoom users, from 10 million in December 2019 to more than 200 million in March of 2020, Zoom CEO Eric S. Yuan released a statement April 1 detailing additional measures being taken to enhance Zoom security over the next 90 days.

    HSU Vice President of Enrollment Jason Meriwether claimed HSU has experienced Zoom bombings and enacted the registration as an additional security measure. The additional measures required the public to respond twice via Google forms before being sent the Zoom meeting invitations, basically giving the administration, a government body, the power to sift through and deny public access.

    An approved registration screen for one of HSU’s enrollment and budget webinars held April 13 and 15.

    HSU Chair of the Department of Journalism and Mass Communication and media law professor Vicky Sama alerted and engaged with HSU administration, specifically Meriwether, on the violations being committed.

    “Using ‘security’ reasons to require the public additional registration to access a public meeting on the people’s business does not satisfy the openness and liberties that our Constitution provides,” Sama said in an email. “In addition to violating state law that I explained in my earlier email.”

    “The unintentional message is that some people are not welcome and/or we at HSU don’t want the public to know what is going on.”

    Vicky Sama, HSU journalism chair

    Sama said the additional requirement for the public to register prior to receiving an invitation was tantamount to reviewing their qualifications.

    “The email did not justify the registration nor did it outline its purpose, raising suspicions that the university doesn’t want certain people to attend or know what is going on,” Sama wrote. “The unintentional message is that some people are not welcome and/or we at HSU don’t want the public to know what is going on.”

    Specifically, HSU’s actions against the public violated the Brown Act and Bagley-Keene Act. Both California state acts provide assurance of rights to the public. Sommer Ingram Dean, staff attorney for the Student Press Law Center, explained how these security measures directly conflict with both acts.

    “Section 54953.3 of Brown says ‘A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance,’” Dean explained in an email.

    “Section 11124 of Bagley Keene says ‘No person shall be required, as a condition to attendance at a meeting of a state body, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.’”

    Sommer Ingram Dean, staff attorney for Student Press Law Center

    Additionally, Dean cited the Bagley-Keene Act and the measures it provides ensuring the public’s rights.

    “Section 11124 of Bagley Keene says ‘No person shall be required, as a condition to attendance at a meeting of a state body, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance,’” Dean wrote.

    Sama informed Meriwether of the illegal activity violating both the Brown and Bagley-Keene Acts April 13, citing the specific sections mentioned above. In response, Meriwether continued with the registration in place and adjusted the meetings by offering public links.

    “Since this issue was just raised today, it appears to me that the best thing to do is to move forward with today as planned,” Meriwether said in an email. “We will also explore hosting a third event. We will provide both the option for registration and the public link for the already scheduled event on Wednesday. The entire point of having these events was to be transparent.”

    Since then, the links to the April 13 and 15 meetings went public. However, the concern more surrounds HSU’s decision to filter through the public’s right to access a public meeting regarding matters directly impacting them.

    The registration requirement, Sama wrote, amounts to intimidation and goes against the spirit of openness and transparency, and “reeks of sneakiness.” In a time of crisis, government bodies can use the mirage of security to deny the public their right to voice their opinions. Ultimately, it can amount to an abuse of power against the public.

  • Smoker discretion advised

    Smoker discretion advised

    Smoking marijuana recreationally is now legal in California. However, before you take your stash with you as you head out the door, take caution. Changes to marijuana legislature is happening on a state level, not a federal level. When it comes to which laws carry more weight, federal trumps state.

    California voters passed Proposition 64, also known as the Adult Use of Marijuana Act, to begin the process of governing the drug on Nov. 9, 2016. The legal sale and taxation of recreational weed took effect on Jan. 1, 2018.

    Smokers who believe they can just light up wherever they please should slow down and consider legal limitations.

    Smoking At School

    Public colleges are state-funded and federally funded. This means you’ll get into trouble if you bring your legal weed with you to school grounds, according to USA Today. In fact, most students are receiving frantic e-Memos from their school’s administration ensuring students who come back from winter break that weed is still not allowed on campus. How diligent campus safety is is another story. Try not to be to angry with your college campus as it needs money to function and runs the risk of having federal funding pulled completely. This is especially true if they allow their students to smoke marijuana freely and not abide by federal law.

    Smoking at Work

    In a nutshell, if you can’t show up to work drunk, you also can’t show up to work high. Whether one is safer than the other is not the question here. Both are considered the same level of being under the influence. Your boss still has every right to fire you if you show up under the influence, even if it is for medicinal purposes. A company can still deny you employment if you decide to fail their mandatory drug test, because you did not want to stop smoking. There is no legislation stating businesses should follow suit with state law and federal jobs will definitely not allow recreational use of marijuana.

    Smoking in Public Places or While Driving

    This is a similar story to work and school. Medical marijuana cards may have granted some freedom here, but smoking in public or while driving has always been a risk weed smokers take when they travel. Even though weed is open to all to smoke recreationally, not just those with a medical marijuana card, it should be kept at home for recreational use. According to Politifact, taking it on the road under the new law is like having an open bottle in your car. If you can’t drink in public, you shouldn’t be high in public. Both are disturbances of the peace or driving under the influence, violations that warrant a police citation. Just like driving with an open container, you’ll face probably face some trouble if you get pulled over if your weed is not sealed. Legal weed must be in a sealed container. If that container is not sealed, it must be locked away somewhere, such as the trunk of your car. With the legalization of marijuana comes extra attention. Law enforcement will be looking for marijuana violations to a greater extent, especially when it comes to driving under the influence, according to Shouse Law Group and California Vehicle Code.

    The law itself will change and adapt as the state and federal law differences sort themselves out over time. Practice smoking discretion before smoking as you please.

  • The green is looking grey

    The green is looking grey

    Humboldt County’s cannabis policies are unclear

    By Ali Osgood

    Travis Poe is racing against countless others in Humboldt County to build a cannabis business under the recently passed Proposition 64, a bill that legalized marijuana in California. And much like his competitors, there is a lot of uncertainty as the policies change the landscape for cannabis farming throughout the state.

    “Right now it’s super exciting,” Poe said. “I’m glad we’re doing it and I’m glad it happened but it’s also fucking terrifying.”

    Poe spends his day building his business. As CEO of his startup company, most of his day involves market research, website development, company branding, and problem solving. If you looked at his to-do list, you might think he is your average young businessman, but he is not in the average business. He operates a legal cannabis nursery.

    Poe has been involved in the cannabis industry for several years and actually voted against Prop. 64. But since it’s passing he has fully embraced the changes and teamed up with four others to create a cloning and genetics company where they provide plant starts for full-term cannabis growers.

    PrintCurrently, the five are operating business under an affidavit which allows them to continue cultivation as they wait for their permit to be approved. The county is still working out the details on local legislature regarding the cannabis industry, which has caused a hold-up on Poe’s permit.

    “The process has been interesting, slow, and somewhat unclear,” Poe said. “What’s happening right now is that the county is feeling that too, realizing it’s not the right formulation and going back to the drawing board.”

    For Poe and many other longtime growers, the passing of Prop. 64 has been a confusing time. While they are excited to come out of the shadows the confusion and lack of clarity regarding county policies have given reason for caution.

    “It’s just a lot. A lot of moving parts and a lot of changes moving really really fast,” said Chris Anderson, the cofounder and president of Redwood Roots. “I think there are going to be a lot of people that don’t make it through the process and that breaks my heart. It’s a really hard pill to swallow.”

    Redwood Roots is a collective that oversees 25 different outdoor greenhouse marijuana farms in Southern Humboldt. Anderson created the collective in hopes of helping the smaller farm operations in his community have a chance at breaking through the expensive and competitive process of becoming a profitable farm under the new regulations.

    Currently, all cannabis businesses are required to obtain a permit. There are 17 different licenses available, according to Cal Growers Association, ranging from large-scale outdoor cultivation to transporting licenses.

    For those looking to cultivate marijuana outdoors they not only need to apply for a permit but they must go through extraneous lengths to come into compliance with Humboldt County regulations. These growers are hiring environmental, legal, and structural consultants so that they are within the specific codes the county requires for permitted cultivation. This includes soil testing, erosion surveying, environmental impact reports and, for many, regrading and rebuilding infrastructure. It gets expensive quickly which is separating the small farmers from the corporate farmers who are new to the scene.

    Anderson is currently waiting for approval on three different permits: dispensary, nursery, and transportation. Although he is eager to get his permits finalized, he has been patient with the county in recognizing the complicated scenario.

    “[It’s been] a huge challenge. The county has been helpful on our part, it’s just a really complicated process,” Anderson said. “We just wanted to step out and be ourselves and represent where we are from and make sure that our culture survives through the change.”

    Until the county confirms their policies and clearly defines the components of the local market, growers will hang in limbo. Many are hoping to keep a boutique approach to Humboldt grown marijuana in order to isolate themselves from the corporate structure forming in county’s like Monterey and Los Angeles.

    The biggest concerns expressed by Humboldt growers surrounding the new law are that the small grow operations won’t be able to compete with the larger corporate farms throughout California. Poe and his partners remain positive that the existence of big business will leave room for smaller well branded business.

    “We’re investing in the brand. You have to be building value in other areas of your business to compete with the big guys,” Poe said. “There’s always an evil empire, but that leaves a place for the rebel alliance.”
    The county is sensitive to these concerns as they reform their policies to help small farmers break through the startup costs and into the market.