Recent
Victories
Victory Against the Alcohol Industry
On August 14, 2007, Public Law Group attorneys working with a broad coalition of public entities, public interest groups, and law enforcement agencies throughout California convinced California’s State Board of Equalization to properly tax alcopops – sweet, carbonated alcoholic beverages popular among teenage girls – as distilled spirits.
Sacramento, California
August 14, 2007
In a 3-2 decision led by California State Controller John Chiang, the State Board of Equalization today voted to adopt a regulatory scheme that classifies distilled-spirit laced alcopops – self-servingly referred to as “flavored malt beverages” by the industry – as distilled spirits, making these products more expensive, and consequently less appealing to minors. In a prepared statement, Chiang said that "Flavored malt beverages should be taxed as distilled spirits because they fall under the category of distilled spirits, as written in California law.” Chiang added that “While today's vote is about fair taxation, taxing flavored malt beverages as liquor will also help reduce their popularity with young people by simply pricing the product out of their reach."
Today’s decision is the first step towards correcting the Board’s decade-long misclassification of alcopops. Under California law, any alcoholic beverage containing distilled spirits is a distilled spirit for all purposes, and must be taxed as such. Although the Board itself reached this conclusion in 1997, and was directed to classify and tax alcopops as distilled spirits by the California Attorney General in 2005, the Board has historically chosen to accept manufacturers’ representation that their products are “beer.” The Public Law Group filed a lawsuit against the Board on behalf of the County of Santa Clara and an individual taxpayer in November 2006 seeking to compel the Board to correct this misclassification, and is proud to have contributed to this change.
The other members supporting the decision to change the Board’s regulatory scheme were Betty Yee and Judy Chu.
For further information regarding this matter, please contact Scott Dickey, Jonathan Holtzman, or call 415-678-3800.
RSHS attorneys
Randy
Riddle and Steve
Cikes recently achieved an important victory for
the First Amendment right of nonprofit organizations to protect
the content and integrity of their protected speech. The Falun
Gong, a self-cultivation group that originated in China, recently
brought an action in San Francisco Superior Court challenging
the Chinese Chamber of Commerce's decision to exclude the group
from participating in the Chamber-produced San Francisco Chinese
New Year Festival and Parade, which is dedicated to celebrating
the Chinese New Year holiday as well as the Chinese history
and culture. RSHS, on behalf of the Chamber, filed an "anti-SLAPP"
motion seeking to dismiss the claim against the Chamber on the
ground that the lawsuit operated to chill the Chamber's First
Amendment rights. The court not only granted the motion but
also awarded the Chamber attorneys' fees and costs.
RSHS attorneys
Charles
Sakai and Randy
Riddle recently won a significant victory for the City of
Richmond, clarifying the City's prerogative to set firefighter
staffing levels under the Meyers Milias Brown Act. Citing Vallejo,
the City’s firefighter union argued that the City was required
to negotiate both the decision and the effects of a the decision
to reduce firefighter staffing levels. Before PERB, we successfully
argued that the decision to reduce firefighter staffing levels
and lay off firefighters is a management prerogative, and we
successfully defended that decision in both the Court of Appeal
and trial court.
Honors
On
March 30, 2007 the Marin Institute will honor Renne Sloan Holtzman
Sakai, the Public Law Group, for its work in combating the illegal
sale of alcohol to minors in California. For the past two years,
the Public Law Group has brought pro bono litigation against
the California Department of Alcoholic Beverage Control and
the State Board of Equalization challenging their treatment
of “alcopops,” – sweet, distilled-spirit laden
beverages – as beer. The improper classification, regulation,
and taxation of these alcoholic beverages makes them easier
to find and easier to purchase by their target market –
young teens who do not like the taste of beer or liquor. The
Public Law Group is
committed to ending these state agencies’ refusal to perform
their duties under California’s alcoholic beverage
control laws.
Emily
Prescott has been appointed to a four-year term on the Executive
Committee of the State Bar of California Labor and Employment
Law Section. Congratulations Emily!
News
Friday, March 3, 2007 SF Chron Oakland's new police contract is first step
Ingrid Evans was elected to the board of Public Justice and Consumer Attorneys of California (CAOC), Board of Governors, District 12. CAOC Board of Election Results
Good News: AB 553 Vetoed
If enacted, AB 553 would have denied cities and counties the ability to seek injunctions directly with the courts when faced with strikes affecting health and safety. Fortunately, the bill was vetoed. For Governor Schwarzenegger's full message take a look at http://caperb.blogspot.com/
Thursday, Sept 27, 2007
"For Elderly Investors, Instant Experts Abound"
The
New York Times
July 8, 2007
Showdown looms in RSHS lawsuit against alcopops "WHEN BEER IS NOT BEER", The San Francisco Chronicle, May 15, 2007
"SAN
JOAQUIN COUNTIES SHERIFF'S DEPUTIES HOLD PROTEST OVER CONTRACT"
Lodi
News Sentinel
November 24, 2006
"UNION
BATTLE GROWS COSTLY"
Vallejo
Times Herald
February 1, 2006
"FINANCIAL
SCAMS EXPECTED TO BOOM AS BOOMERS AGE"
USA
Today
Article
February 6, 2006
Events
4/1/08 - Renne Sloan Holtzman Sakai is pleased to announce that Diana Maier has joined the Firm’s employment litigation section. An experienced trial lawyer with significant litigation experience, Diana was formerly a partner with Bushnell Caplan Fielding & Maier.
Ingrid Evans – January 25, 2008 Moderator at AAJ Annual Convention
Ingrid Evans – Februaru 15, 2008 San Mateo Chapter of Professional Fiduciary Association of CA
Ingrid Evans – March 15, 2008 Moderator - CAOC Class Action Seminar
Ingrid Evans – May 5, 2008 Legal Assistance of Seniors – 4th Annual Elder Abuse Conference
Ingrid Evans – May 7, 2008 Professional Fiduciary Association of CA 2008 Annual Education Conference
Tim Yeung will be teaching the course, “Strategic Tips for Successfully Propounding & Opposing Motions to Compel and Other Discovery Motions,” sponsored by the Continuing Education of the Bar (CEB) on July 27, 2007, in Sacramento, California.
Tim Yeung will join a panel presentation on administrative appellate practice at Public Employment Relations Board (PERB) annual conference on September 20, 2007, in Irvine, California.
Join Tim Yeung at the State Bar Annual Conference on September 28, 2007, in Anaheim, California where he will be speaking on the topic “Love, Drugs, and Cigarettes - Employee Privacy Rights.”
Louise Renne will join the panel discussion for the upcomiong Senior Investor Protection Symposium in Chicago on May 18, 2007. The symposium will examine how older Americans can protect themselves from investment fraud while financially preparing for the future. The symposium will be sponsored by the Securities and Exchange Commission, the Federal Reserve Bank of Chicago and the Elder Law Journal of the University of Illinois College of Law.
Ingrid
Evans will moderate CLASS
ACTION SEMINAR Class Action Hurdles From The Plaintiff’s
Perspective, presented by the Consumer Attorneys
of California College of Trial Arts and San Francisco Trial
Lawyers Association Bar Association, January 24, 2007, San
Francisco.
Ingrid
Evans will moderate "Class Action Update," at
the Annual Convention of the Consumer Attorneys of California
on November 18, 2006, San Diego
On October
26, 2006, Charles
Sakai will present, "CLASS ACTION SEMINAR: Class Action
Hurdles From The Plaintiff's Perspective" at the 2006
Annual MMANC Conference, Lake Tahoe.
Join Louise
Renne on September 6, 2006, when she speaks on "Trust
Mill and Annuity Litigation," sponsored by the Elder Law
Committee of the Trusts and Estates Section of the Alameda County
Bar Association
On September
14, 2006, Randy
Riddle will present, "Courts Take the Initiative: Pre-Election
Review and Related Developments in the Law Governing Initiative,
Referenda and Recall Petitions," at the Annual Conference
of the County Counsels' Association of California, Marina Del
Ray,.
Louise
Renne will be the keynote speaker at the Bar Association
of San Francisco's Work/Life Balance, Conference on September
21, 2006, Bank of America Auditorium
On September
26, 2006, Charles
Sakai and Christine
Maloney will present "Effective Investigation Techniques"
at the California Special Districts' Association Annual Conference,
Lake Tahoe
Geoff
Rothman will also speak at the California Special Districts'
Association Annual Conference on the subject of "Classification
and Compensation" September 27, 2006, Lake Tahoe
Join us
at CalPELRA's 31st Annual Training Conference in Monterey, November
15 17, 2006. Christine
Maloney will present, "12 Angry Jurors: Lessons Learned
From This Year's Big Employment Verdicts." Randy
Riddle will present, "Government Ethics 101: What Every
HR Professional Must Know About Conflict of Interest Laws."
Jeff
Sloan and Jon
Holtzman will be joined by others on the "Ask the Experts"
panel
