San Diego, CA
Larger 9th Circuit panel to hear San Diego challenge to California’s ammunition background check law
The 9th U.S. Circuit Court of Appeals announced Monday that an 11-judge panel will hear a San Diego case challenging a voter-approved California law that requires a background check for nearly all purchases of firearm ammunition.
A San Diego federal judge has twice found that the law is unconstitutional, ruling that it infringes on the Second Amendment rights of Californians, and a three-judge panel from the 9th Circuit affirmed that ruling in a 2-1 opinion in July.
California Attorney General Rob Bonta subsequently petitioned the 9th Circuit to rehear the case en banc, and on Monday the 9th Circuit announced that a majority of active judges had voted to have the case reheard by a larger 11-judge en banc panel.
In addition to requiring background checks for most ammunition purchases, the law in question also bans Californians from bringing home ammunition that they purchase out of state.
While Bonta has argued the law was passed by voters in response to mass shootings and is intended to ensure ammunition is kept out of the hands of people not legally allowed to purchase it, the individuals and Second Amendment rights groups who challenged the law in San Diego federal court argued that it illegally infringes on their constitutional right to keep and bear arms.
Monday’s announcement that the case will be heard en banc was the latest twist in a case that was filed in 2018.
San Diego-based U.S. District Judge Roger Benitez first struck down the law as unconstitutional in 2020. California appealed that ruling to the 9th Circuit, but in 2022, before the 9th Circuit had ruled on that appeal, the U.S. Supreme Court issued an opinion in a New York gun case that upended Second Amendment case law.
After that Supreme Court ruling, which holds that modern gun laws must be “consistent with the nation’s historical tradition of firearm regulation,” the 9th Circuit sent the case back to Benitez to be relitigated under the high court’s new framework.
That’s how Benitez came to rule last year, for a second time, that the law was unconstitutional. “A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen,” Benitez wrote in part.
California again appealed the ruling, then asked for the larger 9th Circuit hearing after the three-judge panel sided 2-1 with Benitez in July.
That opinion by the three-judge panel is now vacated, according to an order issued Monday by 9th Circuit Chief Judge Mary Murguia. It’s not yet known which 11 judges will hear the case, but oral arguments will be held in March.
San Diego, CA
More Thoughts on ‘Yes on A’
By Dave Rice
Is Measure A going to affect a significant number of properties? Is it going to affect affordable housing in any meaningful way? Come now, let’s not be dense – this hits a handful of rich people who can absolutely afford to drop $10K in the city coffers if they’re leaving a vacation home vacant on purpose – let’s say that’s their civic contribution that would be realized in other ways if they actually lived, worked, and shopped here full-time.
Or it hits STVR hosts, who can either factor the cost into their business model or give it up if margins are really that thin (maybe not everyone needs to fancy themselves an amateur hotelier). But let’s not kid ourselves and believe the kind of housing this will free up will be plentiful or affordable.
In the exceedingly rare instances where someone might be eligible for an exemption, will it be too hard to apply for? That’s something we can argue and refine but that’s the bathwater, or just the little bit of it that splashes out of the tub, not the baby. An argument that the whole proposal is DOA because military members are too stupid to file for an exemption is either dismissive of or telling tales out of school about what we really think of military intelligence.
Poor, poor grandma who needs a home near her doctor? If she’s really poor why does she have multiple houses, and if she’s not does this really affect her? I live in a neighborhood where “aren’t you afraid you’re going to get shot?” is the first thing outsiders ask me about where I’m from, and if Grandma has owned her mostly-unoccupied vacation house for any significant time I probably pay a lot more property tax than she does. You couldn’t trip over the limbo bar to gain my sympathy, it’s buried a few feet deep.
This is a tiny nod toward taxing the rich, but that’s all. It’s not significant or meaningful, it won’t do a lot, most of the housing stock in question even if returned to actual residents won’t make a dent in the astronomical cost of living in or anywhere near this city. But it’s a tiny step in the right direction – and watching how hysterical the moneyed class is about the rest of us asking for even the tiniest drop in the goddamned bucket we’re trying to fill without their help is telling.
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San Diego, CA
Dining Out — series Part 1: A look at the evolution of La Jolla’s restaurant scene
This is the first installment in a series of stories on the history of dining out in La Jolla, how it’s changed and how it continues to evolve.
It’s hard to imagine La Jolla without its restaurants, from the lines stretching down the block at The Taco Stand to the iconic views at George’s at the Cove.
But the way La Jollans eat and where has changed dramatically since the area’s founding in the 1800s.
In this first part of the new month-long series “Dining Out,” the La Jolla Light looks at local restaurants from the 1880s (when La Jolla was first developed and settled) to the early 1920s.
“La Jolla had very few people at that time,” according to local historian Carol Olten. “There weren’t a lot of restaurants, as far as we know.”
Olten said she gets information about La Jolla’s earliest days from the diaries of local pioneer Anson Mills.
“He kept track of where he went and what he did … but he did a lot of home cooking,” she said. “So when they went to a restaurant for dinner, it was a big occasion. It was something people mainly did on holidays or … a social occasion.”
One restaurant Mills would go to — believed to be one of the first in La Jolla — was Montezuma Cottage. Olten said it is believed to have opened in 1895 near the intersection of Prospect and Jenner streets.
Mills described the restaurant as a popular eating and gathering spot for locals and tourists, Olten said. He wrote an entry about a Thanksgiving dinner there with about 60 people.
Montezuma Cottage later became known as the Seaside Inn and Ocean View restaurant. It was torn down in 1931.
Culturally, eating at a restaurant was a more formal occasion at the time, Olten said.
“You didn’t go to a restaurant just to hang out with friends like you would today. It was purposeful then,” she said.
Around 1900, a restaurant known as the White Rabbit opened near the corner of Girard Avenue and Prospect Street. In addition to a rooftop garden, it featured a tea room, joining a national trend.
“Tea rooms went with the suffragette movement because in those days, [women] didn’t have a place to gather without an escort, so tea rooms started opening in hotels and women could go there and sit down and have a social tea or lunch,” Olten said. “La Jolla got in on the tail end of that thanks to [Green Dragon Colony founder] Anna Held and [La Jolla philanthropist] Ellen Browning Scripps.”
One of them, called The Cricket, opened in the early 1900s with white tablecloths. Olten said it was near what it is now Eddie V’s restaurant.
“It was originally part of the Green Dragon Colony … and was sold to a British woman named Daisy Mitchell,” she said. “It stayed a tea room for many years, and she kept a guest book that was decorated with reds and greens and had a medieval theme. So it was very British.”
Joining a trend toward more upscale dining, one of La Jolla’s “most well-established and well-known restaurants” opened in 1912 at 1227 Prospect St. The Brown Bear had “stylish, fashionable service and a menu to please the gods,” Olten said.
A house specialty was Welsh rabbit served in a silver chafing dish. The restaurant was in operation until 1941.
Several restaurants opened around 1915, about the same time as the Panama-California Exposition, a world’s fair-type event held in 1915-16 that brought 3.7 million people to San Diego.
One of La Jolla’s new restaurants, the Spindrift Inn, opened in 1916 and was considered a “last stop” out of town.
“Most restaurants at that time were located in the immediate Village area,” Olten said. “The one that was astray would have been the Spindrift Inn [in La Jolla Shores]. This was in the very early days of automobiles, so not very many people had cars, but those that did would … drive their cars and the last stop before you got out of town was Spindrift Inn.”
The Spindrift Inn later became The Marine Room, which still stands.
Olten said the restaurant was operated by the Hannay family for about 20 years. Their “rambunctious” fox terrier, Jiggs, would roam the dining room.
Another Expo-era restaurant was the Dining Car, which operated in an old trolley car parked near Goldfish Point. Dinner was $2 per person. It burned down on Halloween night in 1923.
Next installment: With new hotels being built in La Jolla in the 1920s came new hotel restaurants. But later, World War II would have an impact on La Jollans and San Diegans in general and on where and how they ate. ♦
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