California
Understanding what California’s new ‘jaywalking’ bill really does (and doesn’t do)
Regardless of some headlines you would possibly see this week about “jaywalking” being decriminalized or made authorized in California, the invoice signed late final week by Gov. Gavin Newsom doesn’t technically decriminalize it.
The Freedom to Stroll Act does intention to guard pedestrians from “jaywalking” tickets after they cross a road outdoors of a crosswalk or in opposition to a visitors mild (and let’s be sincere, most everybody has performed this sooner or later).
However you should meet particular circumstances to be within the clear. AB 2147 states that law enforcement officials shouldn’t cease and cite a crossing pedestrian “except a fairly cautious individual would notice there may be a right away hazard of a collision with a transferring car or different machine transferring solely by human energy” (akin to a bicycle).
“It is nonetheless technically unlawful to cross the road in the course of the road,” Assemblymember Phil Ting (D-San Francisco), one of many invoice’s authors, defined to LAist. “However we’re directing regulation enforcement to not cite individuals, except there’s a right away hazard.”
The invoice, co-authored by Assemblymember Laura Friedman (D-Glendale), will take impact January 1, 2023.
This was the second try to vary the best way “jaywalking” is enforced within the state. Newsom vetoed a earlier model of the invoice final yr, citing issues that decriminalizing “jaywalking” would “unintentionally cut back pedestrian security and doubtlessly enhance fatalities or severe accidents.”
So what’s an ‘quick hazard?’
You is perhaps questioning: how can the state guarantee equitable enforcement if it is as much as particular person law enforcement officials to resolve what’s an “quick hazard?”
Ting acknowledged that the model of the invoice that may develop into regulation in a number of months will result in “enforcement that is not utterly uniform.”
“I most well-liked our invoice final yr. I feel it was a lot cleaner, simpler to implement. However that is the model that we had been in a position to settle.”
Assemblymember Phil Ting, D-San Francisco
Native mobility advocates even have issues that the brand new regulation depends an excessive amount of on officers’ judgment.
“There’s nonetheless that piece of officer discretion,” stated Tamika Butler, a social justice advocate and personal guide targeted on equitable transportation coverage. “As a Black individual on this nation, officer discretion has by no means gone nicely.”
John Yi, govt director of the native pedestrian advocacy group Los Angeles Walks, additionally has worries about enforcement.
“If we now have insurance policies in grey areas, who’re the individuals which might be screwed over probably the most?” he requested. “It is normally individuals of shade, pedestrians, individuals with out political social capital.”
Black pedestrians are cited disproportionately
The Freedom to Stroll Act was designed to scale back inequitable enforcement of jaywalking legal guidelines and decrease encounters with armed police. Police in Los Angeles, for instance, cite Black pedestrians at a fee over 3 times their inhabitants share within the metropolis, in accordance with evaluation of LAPD information.
In our reporting on final yr’s model of the invoice, we examined LAPD quotation data from 2010 to 2020, categorized by ethnicity. We discovered that 31.5% of the jaywalking tickets issued in that point got to Black pedestrians, in a metropolis with a roughly 9% Black inhabitants.
White, Latino or Hispanic and Asian pedestrians had been all cited at decrease charges when in comparison with their inhabitants shares in L.A. Pedestrians who recognized as Indigenous, Native Hawaiian, Native Alaskan or Pacific Islander represented about 0.07% of citations. Mixed, these communities signify about 0.9% of the town’s inhabitants.
Butler stated the push for racial justice in visitors enforcement is necessary, particularly with “jaywalking” and different visitors infractions which might be “used as a brand new model of stop-and-frisk.”
“Getting this model of [the bill] signed, I feel simply creates a stage of accountability,” she stated.
“Folks might be watching, individuals will wish to know: does this actually change issues? That would be the true check on if this goes far sufficient. For my part, I do not assume it does sufficient to guard Black lives.”
Tamika Butler, a social justice advocate and personal guide
Why will we name it ‘jaywalking?’
Courtesy of Peter Norton
/
Nationwide Security Council
The phrase “jay” is early-1900s slang, which mainly means an fool from the nation. The time period was weaponized by the early auto trade to disgrace and victim-blame pedestrians, who drivers had been killing at alarming charges in these early a long time of car use.
Then within the mid-Nineteen Twenties, automakers and their curiosity teams orchestrated a visitors ordinance in Los Angeles, which the town adopted, that vastly restricted pedestrian motion. That ordinance grew to become the template for cities nationwide. “Jaywalking” legal guidelines unfold and our streets had been reshaped into the car-centric areas they’re in the present day.
As historian Peter Norton advised me in 2021, “jaywalking” legal guidelines took the traditional and obligatory act of strolling in public and turned it “right into a marginalized, restricted, restricted observe that — in the event you did not do it precisely the precise manner — may get you a ticket, or worse.”
The underlying difficulty
Mobility advocates argue the inequitable enforcement of “jaywalking” seen in L.A. and different cities stems from a historical past of inequitable investments in security infrastructure.
The neighborhoods the place pedestrians are cited probably the most are largely the identical communities with fewer crosswalks, bike lanes and different options meant to make streets safer. They’re additionally the communities the place extra residents are killed by drivers whereas strolling.
And the fines add up, notably for individuals already struggling to make ends meet. The bottom nice for jaywalking in California is $25. However then 10 extra penalties and surcharges get tacked on to that nice, bringing a fundamental jaywalking ticket to only shy of $200.
“You’ll be able to’t give individuals tickets for using their bikes on the sidewalk or for jaywalking (when) there is no infrastructure, there is no crosswalk of their neighborhood, there is no bike lane — there’s nothing,” Butler stated.
Collision information compiled by the LAPD reveals that by means of Sept. 17 this yr, 106 pedestrians have been killed by drivers, and 317 extra have been severely injured.
Almost 60% of these victims had been killed or injured in South L.A. or the San Fernando Valley — communities the town has acknowledged have lengthy been uncared for for road security enhancements.
L.A. transportation officers have famous that the town enacted “systemically racist insurance policies and practices” that harmed Black and Brown Angelenos. A current Division of Transportation strategic plan states:
“…we spent rather more time investing in communities that increase their arms first, reasonably than communities that want investments probably the most.”
Division of Transportation
A 2020 UCLA research discovered Black Angelenos represented 16% of all visitors fatalities between 2013 and 2017, almost double their share of the town’s inhabitants. Information compiled within the research additionally confirmed that one in each 4 individuals killed in a crash over these 5 years was both a Black or Latino pedestrian.
What’s subsequent
Yi stated this new regulation “certainly not” solves the disaster of pedestrian deaths.
“The one manner we will cut back individuals being killed from jaywalking is to repair our freakin’ streets,” he stated, including:
“Until we repair the precise design of the streets, we’ll have the identical outcomes… This in itself is not going to save L.A., is not going to save Angelenos, is not going to save pedestrians. This should be half of a bigger effort in our metropolis in our state to have higher, safer and extra walkable infrastructure.”
John Yi, Los Angeles Walks
Assemblymember Friedman echoed a stance I’ve heard argued from different elected leaders and security advocates: citing individuals for “jaywalking” has little-to-no impact on a pedestrian’s habits and doesn’t enhance public security.
“So why are we doing it a lot?” she requested.
“If individuals are jaywalking so much in an space, it is most likely as a result of they do not have a great way to get throughout the road,” Friedman defined. “I might reasonably have communities begin fascinated by including extra crosswalks, including higher signage, placing a light-weight up, placing up a cease signal, including a sidewalk — doing all of the issues that we all know truly do make individuals safer.”
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California Gov. Gavin Newsom may exclude Tesla and other automakers from an electric vehicle (EV) rebate program if the incoming Trump administration scraps a federal tax credit for electric car purchases.
Newsom proposed creating a new version of the state’s Clean Vehicle Rebate Program, which was phased out in 2023 after funding more than 594,000 vehicles and saving more than 456 million gallons of fuel, the governor’s office said in a news release on Monday.
“Consumers continue to prove the skeptics wrong – zero-emission vehicles are here to stay,” Newsom said in a statement. “We’re not turning back on a clean transportation future – we’re going to make it more affordable for people to drive vehicles that don’t pollute.”
The proposed rebates would be funded with money from the state’s Greenhouse Gas Reduction Fund, which is funded by polluters under the state’s cap-and-trade program, the governor’s office said. Officials did not say how much the program would cost or save consumers.
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California Gov. Gavin Newsom on Monday proposed creating a new version of the state’s Clean Vehicle Rebate Program if the incoming Trump administration scraps a federal tax credit for electric car purchases. (Photo by Justin Sullivan/Getty Images, File / Getty Images)
They would also include changes to promote innovation and competition in the zero-emission vehicles market – changes that could prevent automakers like Tesla from qualifying for the rebates.
Tesla CEO Elon Musk, who relocated Tesla’s corporate headquarters from California to Texas in 2021, responded to the possibility of having Tesla EVs left out of the program.
Tesla and other automakers may not qualify for the proposed tax credits, according to the governor’s office. (Getty Images, File / Getty Images)
“Even though Tesla is the only company who manufactures their EVs in California! This is insane,” Musk wrote on X, which he also owns.
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Those buying or leasing Tesla vehicles accounted for about 42% of the state’s rebates, The Associated Press reported, citing data from the California Air Resources Board.
Newsom’s office told Fox Business Digital that the proposal is intended to foster market competition, and any potential market cap is subject to negotiation with the state Legislature.
| Ticker | Security | Last | Change | Change % |
|---|---|---|---|---|
| TSLA | TESLA INC. | 338.59 | -13.97 | -3.96% |
“Under a potential market cap, and depending on what the cap is, there’s a possibility that Tesla and other automakers could be excluded,” the governor’s office said. “But that’s again subject to negotiations with the legislature.”
Newsom’s office noted that such market caps have been part of rebate programs since George W. Bush’s administration in 2005.
Newsom has pushed Californians to replace gas-powered vehicles with zero-emission vehicles. (Chip Somodevilla/Getty Images / Getty Images)
Federal tax credits for EVs are currently worth up to $7,500 for new zero-emission vehicles. President-elect Trump has previously vowed to end the credit.
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California has surpassed 2 million zero-emission vehicles sold, according to the governor’s office. The state, however, could face a $2 billion budget deficit next year, Reuters reported, citing a non-partisan legislative estimate released last week.
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Along with most other Democratic politicians in California, Gov. Gavin Newsom still doesn’t seem to understand what happened in the 2024 election.
For years, Newsom, along with California cronies like former House Speaker Nancy Pelosi and, of course, Vice President Kamala Harris, bragged about their state being a “model for the nation.”
In one sense–not the one they intended, of course–that’s true. California became a model of what not to do.
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The terrible combination of elitism and extremism that has defined Democratic policymaking in my home state for at least the last decade has delivered failure on every front.
Despite having the highest taxes in the nation, despite the state’s budget nearly doubling in the last ten years (even as our population has been falling, in the exodus from blue state misrule), California has the highest rate of poverty in America. We have the highest housing costs, the lowest homeownership, highest gas and utility bills, and the worst business climate–ten years in a row.
This record of failure is exactly why Democrats lost so badly on November 5th. Voters had a clear choice: between more of the same Democrat policies that raised the cost of living and lowered their quality of life, or a return to the peace and prosperity of the Trump years.
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In many ways, the contest between Donald Trump and Kamala Harris represented a battle between the ‘blue state model’ championed by Gavin Newsom in California, and the ‘red state model’ that has driven people and businesses out of California and into the arms of more welcoming states like Texas, Tennessee and Florida.
Of course, the red state model won and the blue state model was roundly rejected.
You would think that would make blue state leaders like Newsom pause and reflect. But the exact opposite has happened. Gavin Newsom immediately called a “special session” of the California legislature to “Trump-proof” his state.
What California really needs is “Newsom-proofing.”
Instead, California Democrats are doubling down on the exact same agenda that was defeated across the country – including in California, which saw the biggest shift from Democrats to the GOP in decades.
Here are the five things California Democrats still don’t get:
1. People want results, not lectures
Democrats and their media sycophants can do all the self-righteous, sanctimonious bloviating they like about “our democracy” and “equity”, but in the end people want the basics of the American Dream: a good job that pays enough to raise your family in a home of your own in a safe neighborhood with a good school so your kids can have a better life than you. No amount of moral superiority from the people in charge will make up for that if they fail to provide it.
2. Enough with the ‘climate’ extremism
“Climate” has become a religion for Democrats, and you see that especially clearly in California. But when you look at the main reason life is so unaffordable for working people, whether that’s gas prices, utility bills or housing costs, extreme climate policies are to blame. Working-class Americans can’t afford these ‘luxury beliefs.’
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3. Who cares about Hollywood?
This election destroyed forever the myth that fancy celebrities can sway votes. Oprah, Beyonce, George Clooney, Taylor Swift…nobody cares! The new cultural powerhouses are the podcast hosts, comedians…the raw power of UFC is where it’s at, not the decadent Hollywood elite who won’t even turn up to support “their” candidate without a multimillion dollar paycheck.
Producer and actress Oprah Winfrey holds up Vice President and Democratic presidential candidate Kamala Harris’ hand as she arrives onstage during a campaign rally on the Benjamin Franklin Parkway in Philadelphia, Pennsylvania, on November 4, 2024. (Getty Images)
4. ‘Little tech’ beats Big Tech
Democrats may console themselves with the knowledge that California’s Big Tech monopolies are on their side. But in this election we saw the rise of what famed Silicon Valley investor Marc Andressen calls “little tech”, the upstarts and rebels who reject leftist groupthink. They got engaged in this election in a way we’ve never seen before. It’s a massive shift and will be a huge force for the future.
5. Working class beats the elite
Back in 2016, after the Brexit vote, and then Donald Trump’s victory here, shocked the world, I predicted that the Republican Party had the opportunity to become a “multiracial working class coalition.” Trump’s 2024 victory has delivered that — a revolutionary shift in our political landscape. The other part of my prediction? Democrats will be left as the party of the “rich, white and woke.”
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Unless Democrats come to terms with these realities and change course, they can expect to lose elections for years to come. The reaction in California – epicenter of today’s Democrat elite — shows that there is zero sign of this happening.
They just don’t get it.
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- Gov. Gavin Newsom plans to revive California’s EV rebate if Trump ends the federal tax credit.
- But Tesla, the largest maker of EVs, would be excluded under the proposal.
- Elon Musk criticized Tesla’s potential exclusion from the rebate.
California Gov. Gavin Newsom is preparing to step in if President-elect Donald Trump fulfills his promise to axe the federal electric-vehicle tax credit — but one notable EV maker could be left out.
Newsom said Monday if the $7,500 federal tax credit is eliminated he would restart the state’s zero-emission vehicle rebate program, which was phased out in 2023.
“We will intervene if the Trump Administration eliminates the federal tax credit, doubling down on our commitment to clean air and green jobs in California,” Newsom said in a statement. “We’re not turning back on a clean transportation future — we’re going to make it more affordable for people to drive vehicles that don’t pollute.”
The rebates for EV buyers would come from the state’s Greenhouse Gas Reduction Fund, which is funded by polluters of greenhouse gases under a cap-and-trade program, according to the governor’s office.
But Tesla’s vehicles could be excluded under the proposal’s market-share limitations, Bloomberg News first reported.
The governor’s office confirmed to Business Insider that the rebate program could include a market-share cap which could in turn exclude Tesla or other EV makers. The office did not share details about what market-share limit could be proposed and also noted the proposal would be subject to negotiations in the state legislature.
A market-share cap would exclude companies whose sales account for a certain amount of total electric vehicle sales. For instance, Tesla accounted for nearly 55% off all new electric vehicles registered in California in the first three quarters of 2024, according to a report from the California New Car Dealers Association. By comparison, the companies with the next highest EV market share in California were Hyundai and BMW with 5.6% and 5% respectively.
Tesla sales in California, the US’s largest EV market, have recently declined even as overall EV sales in the state have grown. Though the company still accounted for a majority of EV sales in California this year as of September, its market share fell year-over-year from 64% to 55%.
The governor’s office said the market-share cap would be aimed at promoting competition and innovation in the industry.
Elon Musk, who has expressed support for ending the federal tax credit, said in an X post it was “insane” for the California proposal exclude Tesla.
The federal electric vehicle tax credit, which was passed as part of the Biden administration’s Inflation Reduction Act in 2022, provides a $7,500 tax credit to some EV buyers.
Musk, who is working closely with the incoming Trump administration, has expressed support for ending the tax credit. He’s set to co-lead an advisory commission, the Department of Government Efficiency, which is aimed at slashing federal spending.
The Tesla CEO said on an earnings call in July that ending the federal tax credit might actually benefit the company.
“I think it would be devastating for our competitors and for Tesla slightly,” Musk said. “But long-term probably actually helps Tesla, would be my guess.”
BI’s Graham Rapier previously reported that ending the tax credit could help Tesla maintain its strong standing in the EV market by slowing its competitors growth.
Prior to the EV rebate proposal, Newsom has already positioned himself as a foil to the incoming Trump administration. Following Trump’s election win the governor called on California lawmakers to convene for a special session to discuss protecting the state from Trump’s second term.
“The freedoms we hold dear in California are under attack — and we won’t sit idle,” Newsom said in a statement at the time.
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