Bike Plan Injunction
UPDATE: Judge Busch finds that City has complied with CEQA, grants City's request to allow remaining safety, usability improvements (August 6, 2010). City Attorney Herrera is continuing the City's legal defense of the Bicycle Plan -- a policy intended to make bicycling a safer, more viable means of transportation in San Francisco -- from a 2005 lawsuit by local blogger and perennial political candidate Rob Anderson, together with an organizational alter-ego called the "Coalition for Adequate Review," or CAR. For more than three years, the City was under an injunction generally prohibiting implementation of the plan until after environmental review. With the review process now complete, however, the Court has significantly modified the injunction to enable improvements to move forward.
Club Suede Case
City Attorney Herrera is suing for tough, enforceable injunctions and penalties, and the permanent closure of Club Suede, the notorious Fisherman’s Wharf establishment that was the site of a fatal shooting in the early hours of Feb. 7, 2010. The pleadings and accompanying evidence detail a long pattern of nuisance and unlawful conduct by the defiant club operators dating as far back as 2007.
Gang Injunction Cases
In an effort to protect public safety in some of San Francisco's most violence-plagued neighborhoods, the City Attorney has obtained civil injunctions against five notorious criminal street gangs: Western Addition-based Eddy Rock, Chopper City and Knock Out Posse gangs; the Mission-based Norteño gang; and the Bayview/Hunter's Point-based Oakland Mob. The office is currently pursuing another injunction against two criminal street gangs in Visitacion Valley.
Gender Rating Case
The City Attorney was instrumental in a legislative effort to ban "gender rating," a practice by health care service plans and health insurers that forced women to pay a significant premium or price differential based solely on their gender -- in violation of the California Constitution. After filing a lawsuit against the state, Herrera worked with Sen. Mark Leno and Assemblymember Dave Jones to successfully enact a legislative fix.
Healthy San Francisco Case
The City Attorney continues to lead the City's legal defense of the groundbreaking "Healthy San Francisco" universal health care program after prevailing in the Ninth Circuit U.S. Court of Appeals. Opponents are continuing their legal challenge to the validity of the employer spending requirement -- a key element of the program.
National Arbitration Forum Case
City Attorney Herrera is pursuing a major case to protect credit card consumers against so-called "arbitration mills," which purport to impartially resolve disputes over credit card debt, but that in reality almost always rule on behalf of credit card companies. The case was also instrumental in stopping collection agents from publishing consumers' private information -- including Social Security numbers -- in public court filings.
Prop 8 Litigation/Marriage Equality
San Francisco City Attorney Dennis Herrera has been at the forefront of the legal battle for marriage equality in California. His office was the first government entity in American history ever to sue to invalidate discriminatory marriage laws, and it is the only law office to be involved as a party in every aspect of the legal fight since 2004 -- from defending Mayor Newsom's issuance of same-sex marriage licenses; to successfully suing to strike down the anti-gay marriage exclusion in the state courts; to challenging the discriminatory Proposition 8 in the California Supreme Court, and now as co-plaintiff in the federal courts.
Proposition 16 Challenge
The City and County of San Francisco on March 18, 2010 joined with public entities from throughout California in a lawsuit to strike the controversial PG&E-funded initiative constitutional amendment, Proposition 16, from the June 8, 2010 statewide ballot for being wholly false and misleading, and for concealing its true nature and purpose from voters. Prop 16 is a proposed constitutional amendment that would impose a new two-thirds majority vote threshold before public entities in California could extend virtually any energy services program for the benefit of ratepayers or the environment.
Sanctuary Ordinance Defense
Despite controversy and apparent confusion, City Attorney Herrera has consistently reaffirmed his duty under the City Charter to be an aggressive advocate for the validity of the newly amended San Francisco Sanctuary Ordinance. Get informed about the issue by reading actual records reflecting facts about the City's efforts.
Skyline Realty, CitiApartments
City Attorney Herrera filed suit against Skyline Realty, CitiApartments and a complex web of subsidiary limited liability companies for an egregious pattern of illegal business practices -- including retaliation and intimidation tactics against tenants.
SRO Mailbox Delivery Lawsuit
The City has been joined by a number of tenant groups in a lawsuit challenging the constitutionality of a new U.S. Postal Service mail delivery policy that has halted secure mail service to individual mailboxes for tenants at Single-Room Occupancy hotels, or SROs. The new USPS policy is inflicting devastating hardships on many low-income San Franciscans, according the federal litigation.
Tenant Rights in the Foreclosure Crisis
The City Attorney's Office and the San Francisco Department of Building Inspection have taken steps to protect tentants from utility shutoffs in the event their landlords face foreclosure on their buildings.
