Proposition 8 Is Unconstitutional, Appeals Court Says

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A federal appeals court ruled this morning that California's ban on same-sex marriage is unconstitutional

New outlets are reporting that the ban will still remain in effect as the case makes its way to the Supreme Court. Both sides had vowed to appeal the ruling if the outcome wasn't in their favor.

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BREAKING: San Francisco Suspends Medical Marijuana Licensing Program Indefinitely

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San Francisco city officials indefinitely suspended the city's medical marijuana dispensary permitting program on Wednesday, according to the Department of Public Health.

Pending permits had been on hold since December, after a ruling in a state appeals court case halted similar permitting programs across California. That case was appealed to the state Supreme Court, and during the appeal, the city could resume processing permits, a spokesman for the City Attorney told SF Weekly last week.

But the city reversed its decision today. All medical cannabis dispensary permit applications are on hold indefinitely, according to Jim Soos, an assistant director of policy and planning with the S.F. Department of Public Health, until the city can "receive assurance that it is in compliance with state and federal law."

DPH staff made the decision to put all permits on hold in consultation with the City Attorney's Office, which provides legal advice to all city departments, he said.

"We're waiting for more clarity from the state on our ability to issue permits," said Soos, who added that the federal Department of Justice's recent closure of five permitted dispensaries also weighed on the city's decision. "Until the Health Department can sort out the criteria driving the [Justice Department]'s actions, it will not be issuing permits."

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Here's That Telegraph Hill Rockslide That Nailed a Car

Categories: Breaking News
Update, 4:40 p.m.: The Oldsmobile potentially totaled when tons of rocks tumbled down the side of Telegraph Hill at 8:40 this morning has been pulled free -- and it's seen better days.

SF Weekly systems administrator and scratch photographer Paul Dahlke was on the scene:

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Paul Dahlke
Okay now, on three ... "My caaaaaaar!"


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Ross Mirkarimi's New Domestic Violence Complaint Could Loom Large in Pending Trial

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While Ross Mirkarimi blinked, another accuser filed domestic violence charges
It's most certainly bad news for Sheriff Ross Mirkarimi that the question "Which one?" now applies to domestic violence complaints filed against him

And though the police report filed over the weekend by a woman accusing Mirkarimi of shaking her and pinning her against the wall comes years too late to initiate a potential prosecution -- it comes right in time for those already prosecuting the embattled sheriff.

In California, a statute of limitations of up to three years applies to domestic violence cases. Mirkarimi's most recent accuser claims he abused her sometime between June of 2007 and May of 2008. "Gone! Past the statute!" replied Burbank criminal defense attorney Michael Kraut without a moment's hesitation.

That may not have been the point, however. "I have nothing to gain from reporting this other than to notify the authorities of the history of violence Mirkarimi has toward women," the accuser told police. Authorities are not only notified -- they're fortified. Accusations of this sort can be used to bolster the current case proceeding against the sheriff.

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Ross Mirkarimi: Second Abuse Complaint Lodged Against Sheriff by "Ex-Girlfriend" (Exclusive)

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A second woman who claims to have dated Sheriff Ross Mirkarimi in 2008 says he physically abused her while they were in a relationship, according to police records obtained by SF Weekly.

Christina Flores, a former San Francisco resident, filed a police report yesterday afternoon at the Northern District station. She told police that she met Mirkarimi in June 2007 at the Haight Street Fair and began dating him immediately. She stated Mirkarimi displayed a "raging pitbull aggressiveness" toward her, turning violent on at least one occasion, when he "grabbed both her upper arms, shook her and pinned her against the wall," leaving a bruise on her arm.

Read a copy of the police report on Flores' complaint here.


Read the alleged victim's comments in an interview with SF Weekly here.

Read our examination of what this might mean for Mirkarimi's here. 

The new complaint is sure to be a serious blow to the sheriff, who is fighting to salvage his political career after being arraigned on three misdemeanor counts of domestic violence against his wife last week.

The alleged victim, whose name was redacted from the report but who later chose to make her accusations on the record in an interview with SF Weekly, additionally told police that on numerous occasions at his home on Webster Street Mirkarimi would scream into her face while using his "imposing stature" to back her against a wall.

She said she initially decided not to disclose the alleged abuse because she was "humiliated and embarrassed," but decided to come forward in light of more recent charges that Mirkarimi abused his wife, Eliana Lopez, on New Year's Eve. It is unclear whether the statute of limitations would permit the filing of charges related to the incident, or whether the new victim wants to see Mirkarimi prosecuted.

"I have nothing to gain from reporting this other than to notify the authorities of the history of violence Mirkarimi has towards women," Flores told police investigators, according to the incident report.

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Ross Mirkarimi's Wife Attends Anti-Ross Mirkarimi Rally

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Luke Thomas, Fog City Journal
Eliana Lopez, Ross Mirkarimi's wife, stands with domestic violence activists calling for her husband to resign due to allegations he domestically abused her
A hastily assembled press conference pairing members of the media with greater numbers of anti-domestic violence advocates calling for the resignation of Sheriff Ross Mirkarimi was graced by an odd visitation -- Mirkarimi's wife.

Eliana Lopez stood, literally, on the steps of City Hall with members of the domestic violence community who were calling for her husband to resign over allegations he abused Lopez on New Year's Eve. Where she stood with them figuratively is unknown -- Lopez has publicly stated she "has no complaint" against her husband and, somewhat bafflingly, said accusations of domestic violence were "taken out of context.

Lopez, somewhat less recognizable due to her oversized sunglasses, stood behind the demonstrators for several minutes before walking into City Hall. She confirmed her identity to SF Weekly. Asked "what do you make of all this?" she replied "What do I make?" before politely continuing "I have no comment. Sorry."

Her presence certainly didn't appear to be part of the near-impromptu script. Organizer Beverly Upton, the executive director of the Domestic Violence Consortium, took pains to introduce every last member of the domestic violence community present -- a throng that equaled, or exceeded, the gathered members of the press. Lopez was not introduced.

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Pension Bomb Explodes -- City Deficit to Soar

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And gettin' broker...
Last night, SF Weekly broke the news that the city's pension obligation could balloon based on the outcome of a retirement board meeting this morning.

Well, it has. The city's contribution to its pension plan might jump by $60 million in the next year alone, adding to San Francisco's already gaping budget deficit. And, thanks to Proposition C, "The Mayor's Pension Plan," city workers may be feeling the burn, too.

Last month, the retirement board took its actuary's advice, and lowered its anticipated investment return rate from 7.75 percent to 7.5 percent. This morning, a motion to reconsider that vote failed. As a result, the city will be mandated to greatly augment the "employer contribution" to its pension plan, as its assumed investment returns just shrank.

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Pension Bomb: San Francisco's Contribution May Explode by $60 Million

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How does this alter the city's financial outlook?
Barring an unlikely reversal at a Wednesday meeting, the city's forthcoming pension contribution may swell by $60 million in the next fiscal year alone -- and the city's union workforce could also be made to contribute millions more than they'd anticipated.

At issue is whether the San Francisco Employee Retirement System will undo last month's vote to follow its actuary's advice. That advice was to lower the city's anticipated investment return rate from 7.75 percent to 7.5 percent. While this may sound insignificant, we're talking about 0.25 percent of a very large number indeed.

Here's what's at stake. Pension plans are funded via three sources -- investment returns, city contributions, and worker contributions. The city has long assumed a 7.75 percent return when tabulating yearly how much money it will have to contribute. Last month, by a slim 3-2 majority, the city's retirement board voted to lower the assumption to 7.5 percent. To put things as simply as possible, when you're assuming a lower investment return, you're mandating a higher city contribution -- $60 million is the figure currently being bandied about in City Hall.

In the past, the city would have eaten this money on its own. But, thanks to "The mayor's pension reform measure," Proposition C -- which voters passed overwhelmingly in November -- city workers could be forced to partake in this foul meal as well.

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Inmate Escapes Jail in Alameda County

Categories: Breaking News
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What's missing from this picture?
Police are scouring the East Bay, looking for an inmate who reportedly escaped from the Santa Rita Jail this afternoon.

Media outlets are reporting that at about 2 p.m., someone called the Alameda County Sheriff's Office, saying they saw an inmate walk out of the jail.

We contacted the Sheriff's Office to confirm these details and to get more information, however an administrator said nobody was available to speak with us just yet.
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Tenderloin Health to Close

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It had a good run
The Tenderloin's one-stop shop to assist homeless and low-income populations with HIV/AIDS is set to close due to financial troubles, officials just announced. 

The Board of Directors voted today to close Tenderloin Health, which recently lost $500,000 in federal funding, further crippling the agency financially.

"The major issue has always been the large amount of existing debt TLH faced when I came on board in November 2009," said clinic CEO David Fernandez. "This debt, combined with operating deficits and significant recent cuts in government funding, have made it impossible for us to keep our doors open."
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