On Non-Consent, Wang's Legislation on Commercial Sex Solicitation
There’s only one item on the non-consent calendar this week, CM Charlene Wang’s legislation that would rewrite some of Oakland’s existing commercial sex work laws to align with a new state law. That law, AB 379, allows specific fines for “loitering” to solicit sex acts in addition to arrest and prosecution. The City has already begun enforcing the state level law, which allows arrests for a legal definition of loitering to pay for sex. Wang's legislation would add “loitering for the purpose of purchasing commercial sex” to the City’s code on sex work and allow for the City to create its own parallel administrative process via OPD citation for loitering or for being a business involved in commercial sex trade. That, says Wang in her report, would allow the fine revenues to accrue directly to Oakland, where they would go to a special fund directed towards helping victims, especially minor victims, of coerced sexual exploitation.
Administrative Fines Could Add Tools to Disrupt "the Blade" Traffic on International
The administrative fines process would apply to both alleged “johns” caught in the act of “loitering” seeking commercial sexual acts as well as alleged businesses and hotels that support it—in the legislation, this is defined as circling an area along the Blade, making unauthorized stops along it or beckoning to pedestrians. It’s not clear, however, how the administrative process for businesses would work. The City already has an administrative and legal process for “nuisance” businesses that can be used against facilities involved in sex traffic and other public crimes and it has used it in the past to shut down hotels through both fines and court orders.
The citation based fines would also ultimately be applicable to sex workers and pimps, but an affirmative defense to the fines would be proving that the individual was being sexually exploited against their will during the actions. All of the citations would be adjudicated in a City-run administrative system, and could be appealed by the accused.
The fines would start at $4K for solicitors of sex work, $10k for pimps and $2.5K per day for businesses.
During the Public Safety Committee meeting on the legislation, OPD’s Lt. Marcos Campos noted that few prostitution arrests see conviction, and would-be convictions are often diverted instead. Campos argued that the administrative based portion of the legislation would have the advantage of instead shifting enforcement into an extra-judicial administrative process that would more likely have repercussions for those cited under the new law.
Issues of Potential Pretextual Stops Unexamined in Legislation
The legislative packet has no OPD policy or bulletin attached to indicate training on racial profiling and pretextual stops has been conducted for the new state or local law—the is also the center of commercial, public and private life for a large portion of Black and Brown Oaklanders. Campos told Council people that so far there had been thirty OPD arrests under the new state law since it went into effect this month—he claimed that there had been “zero issues with racial profiling” and no complaints, though 30% of the arrests have been Oakland residents. Most of the AB 379 arrests have not been processed for arraignment and won’t be before February, according to Campos. Campos mentioned training on the new law, but did not mention whether any protocols existed to avoid racial profiling, which is an enduring issue under the City's Negotiated Settlement Agreement.
Policies Often Shift or Modify "the Blade" but Don't Minimize It
The “Blade” has shifted and diffused several times along the East 14th corridor over the years in response to police activity, and its current location closer to downtown has its origins in policing efforts that had previously moved sex work above International into residential neighborhoods. The OPD and City have boasted numerous times over the years of operations that will halt sex traffic along the East Oakland corridor, but the traffic remains.
Proposed Legislation's Estimated Annual Fines are a Small Proportion of Current City Spending on Trafficking Victim Services
A marquee feature of the legislation is Wang’s claims of creating a significant “restorative justice” funding stream for victim services. But the level of comparative funding from fines was brought into stark relief when DVP Chief Joshi took the podium to respond to questions. Joshi informed the committee members that the City’s existing sex trafficking victim services annual funding is nearly $4 MM [$3.8MM], compared to Wang’s annual estimate of $250 to 450K in fines in the proposed legislation. The legislation’s cost analysis claims the administrative system would be cost neutral, but does not provide evidence or data. Individuals would be able to dispute the fine in the administrative process and those who refuse to pay would enter into a typical debt pursuit system that could ultimately end only in small claims court.
Amendments to the legislation suggest by CM Rowena Brown presented last week would require a regular report on data from the arrests starting in August, and an expansion of the business language that would include both proprietors and property owners.
On the Consent Calendar, a Collision Settlement at Same Intersection where Agustin Coyotl Lost his Life in a Police Pursuit
—OPD collision settlement in the same area where Agustin Coyotl lost his life in a police pursuit in 2022.
Legislation before Council on Tuesday would settle the claim of Gosvami Marquez and Miriam Hernandez, who allege that an OPD patrol vehicle driven by Tommy Nguyen ran a red light in April 2022 in the intersection of 66th and San Leandro St and ultimately collided with them. Agustin Coyotl’s death in a police pursuit at the same intersection alleged in the settlement occurred about 6 months later. The settlement is for $125K.
Rising collisions, and the death of Coyotl and Lolomania Soakai during pursuits led to then-OPD Chief Leronne Armstrong limiting pursuits. That policy later became a frequent target of center-right advocacy groups seeking to undermine police oversight in Oakland, though rarely naming the incidents that led to the changes, nor the only individual responsible for the changes, Armstrong.
Nguyen's Vehicle Ran a Red Light Without Sirens or Emergency Lights, per Suit
While the City's report is sparse, court documents state that a police vehicle allegedly ran a red light through the intersection of 66th and International and initially hit a civilian vehicle driven by Malik Mapp, Nguyen's out of control vehicle then hit the vehicle driven by Gosvami Marquez and Miriam Hernandez in the same intersection area. Marquez and Hernandez initially filed their suit against both Mapp and the City of Oakland and Nguyen.
Mapp sued the City of Oakland for that collision a month or two later. Mapp's suit in the primary incident notes that a CHP collision report attributes the fault to Nguyen for running the red light. Mapp's suit says Nguyen did not have sirens on indicating emergency. Mapp, Hernandez and Gosvami all allege injuries from the accident. The court consolidated the lawsuits at some point, but the outcome of Mapp's suit against the City of Oakland litigated by John Burris, is unclear at this date.
While the court filings confirm the incident happened in April, 2022, the report lists December, 2022—that's likely just a typo as December appears to be the date that the Gosvami/Hernandez suit was filed.
–Design Consultation Contract Increase for OFD Firehouse 4
A design contract would be more than doubled for the OFD Fire Station 4 project on 14th Avenue. The site is currently a printing company that has been acquired through eminent domain a few blocks from the original firehouse, which is one of Oakland’s oldest buildings and can’t be rehabed. But the new site also has significant geological issues, including the possibility of liquefaction, which was highlighted in a 2024 report before the building was purchased with state funds. The contract, which was originally sought for the new fire station when it was planned to be built within San Antonio Park, would go from about $1.5 MM to $4.2 MM to plan around the geological issues.
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