The Port of Oakland’s surrounding Black communities have fought for decades for their right to cleaner air. Now that dream is within reach. In October 2024, the U.S. Environmental Protection Agency awarded the port a $322 million grant to transition its cargo handling operations to zero emissions. Matched by the port and local partners, the total investment will be close to half a billion dollars, all flowing into green, sustainable energy. This effort will reduce the more than 69,000 tons of yearly greenhouse gas — the equivalent of burning more than 160 Statues of Liberty’s weight in coal — emitted by drayage trucks, cranes, forklifts, and tractors.
Multimedia journalist Yesica Prado was arrested while reporting on a homeless encampment cleanup operation in Oakland, California, on Sept. 17, 2024.
Oakland Mayor Sheng Thao announced in April that the city was awarded $7.2 million by the state to address three “long-standing encampments.” The news release said the funds would be used to provide supportive services, temporary shelter and then permanent housing.
Prado — who was on assignment for Street Spirit, a monthly newspaper in the Bay Area — wrote on the social platform X Sept. 16 that the city was beginning to clear one of the large encampments, located near the intersection of Martin Luther King Jr. Way and 23rd Street.
“Camp residents were supposed to transition to the Jack London Inn, but this hotel is not open yet. Many residents have lost their property and don’t know where to go,” Prado wrote.
When she arrived on Sept. 17, she wrote that day, the operation was being run differently, with more than a dozen officers from both the Oakland Police Department and California Highway Patrol present.
Prado reported that a city worker threatened her with arrest for not complying with his request to move elsewhere, despite having already moved outside the caution tape as previously directed. She added that she was forced to stand on the sidewalk, while others documenting the operation were permitted to remain on the road.
“From the distance, I can’t hear what city staff is telling my sources, which raises serious questions,” Prado wrote. “A fair assessment of the city’s actions can’t be made without a free press.”
In Prado’s footage of the moments leading up to her arrest, she can be heard questioning officers about why they are ordering her to document from the other side of a fence, stating that she cannot see from that location.
“If you fully refuse to leave a safe work zone it is a misdemeanor in the Oakland Municipal Code, so start walking and leave the safe work zone or you will be placed under arrest,” an officer tells Prado. When she notes that others are still walking around the area, the officer responds, “Oakland Police Department. Do not resist or force will be used on you.”
As the officers begin to move toward Prado, she moves to walk away and, after another short exchange, the video cuts out as an officer places her hand behind her back.
I was given a cite and release after they held me in their police car for awhile. The citation has a "trespassing" charge for "delaying a public agency."@FACoalition
I was warned that I would be taken to Santa Rita jail if they declare that I am violating their "safe work" code pic.twitter.com/kfn0Xi7R7Y
Journalist Caron Creighton filmed as officers led Prado away in handcuffs, writing that she too was threatened with arrest.
Prado wrote that she was cited and released after officers held her in a police vehicle for a while. She was charged with interfering with public employees and remaining in an area that had been designated a safe work zone, both misdemeanors.
Neither Prado nor the Oakland Police Department responded to emailed requests for comment.
Oakland is the latest city in which journalists covering cleanup sweeps of homeless encampments have faced threats of arrest or criminal charges, according to a Sept. 10 letter from 20 press freedom and civil liberties organizations — including the First Amendment Coalition and Freedom of the Press Foundation, of which the U.S. Press Freedom Tracker is a project — to California leaders and law enforcement.
“We have serious concerns about the recent law enforcement treatment of journalists in Sacramento and Los Angeles,” the letter said, noting four recent incidents. “We urge cities, counties and state agencies to conduct these activities transparently, and ensure workers and officers in the field respect the First Amendment rights of the press to observe and document government actions in public.”
A broadcast news crew with ABC affiliate KGO-TV was robbed at gunpoint while reporting in Oakland, California, on Sept. 7, 2024.
The San Francisco Chronicle reported that at about 5:30 p.m., multiple armed individuals exited a car and “rushed” the station’s reporter, a crew member and a security guard, as the news team reported in North Oakland. A spokesperson for Oakland’s police union told The Mercury News that the robbers took the crew’s television camera and microphone, as well as the security guard’s firearm.
KGO-TV declined to comment on the incident. Police have reported no injuries in connection with the robbery and no arrests have been made, according to the News.
More than a dozen journalists — all either photojournalists or members of broadcast news crews — have been robbed at gunpoint in the Bay Area since 2019. A security guard for KPIX-TV was shot in the leg when he exchanged fire with an armed robber in February 2019, and a security guard with KRON-TV died from injuries he suffered during an attempted robbery of a news crew in November 2021.
A broadcast news crew with ABC affiliate KGO-TV was robbed at gunpoint while reporting in Oakland, California, on Sept. 7, 2024.
The San Francisco Chronicle reported that at about 5:30 p.m., multiple armed individuals exited a car and “rushed” the station’s reporter, a crew member and a security guard, as the news team reported in North Oakland. A spokesperson for Oakland’s police union told The Mercury News that the robbers took the crew’s television camera and microphone, as well as the security guard’s firearm.
KGO-TV declined to comment on the incident. Police have reported no injuries in connection with the robbery and no arrests have been made, according to the News.
More than a dozen journalists — all either photojournalists or members of broadcast news crews — have been robbed at gunpoint in the Bay Area since 2019. A security guard for KPIX-TV was shot in the leg when he exchanged fire with an armed robber in February 2019, and a security guard with KRON-TV died from injuries he suffered during an attempted robbery of a news crew in November 2021.
A coalition of educators and concerned parents from public schools in Oakland has publicly condemned district officials for failing to address a severe lead contamination issue affecting multiple schools. The group, led by Frick United Academy of Language teachers Stuart Loebl and Ella Every-Wortman, along with school counselor Catherine Cotter and other advocates, has expressed frustration over…
Four years ago, as a result of more than a decade of organizing led by the Black Organizing Project (BOP), a group of students, parents, teachers, and allies united to achieve a historic win in Oakland, California, resulting in the removal of police officers from the Oakland Unified School District. The campaign succeeded after years of Black students being treated unjustly. It was a community…
Around the country, media and politicians blame the defund police movement for alleged escalations in crime and a retreat from progressive policies and candidates. In his State of the Union address, President Joe Biden, for instance, rushed to denounce the idea. One recent attack has come from the Oakland chapter of the NAACP, which issued a letter last month claiming, “Failed leadership…
The incipient campaign to unseat a reformist district attorney in California just became official: A new political committee was launched to recall Alameda County District Attorney Pamela Price, according to public registrations. The recall committee launched just seven months after Price, whose jurisdiction includes Oakland and other East Bay communities, took office.
Price is one of more than a dozen reform-minded prosecutors who have faced recalls or attempts to restrict their discretion in recent years — part of a backlash to criminal punishment reforms and fearmongering over crime by police and their political allies.
“They were threatening to recall her when she was running for the seat,” said Cat Brooks, co-founder and executive director of the Anti-Police Terror Project, which endorsed Price last year. “Unfortunately in the Bay Area and in other places in the country, this is the new political tactic,” she said. Brooks added that the campaigns follow a pattern: first, character assassination and right-wing attacks, and then a recall.
Price’s office did not respond to a request for comment. The committee registration lists the phone number for Reed & Davidson LLP, a law office based in Los Angeles that serves as a treasurer for political committees. The law office did not respond to a request for comment.
Price, a civil rights attorney, was elected in 2022 on a reform platform that focused on rehabilitation and addressing police misconduct and corruption within the office. She promised to end use of the death penalty, stop charging kids under 18 as adults, establish a conviction integrity unit, and expand services for victims of gun violence.
In a story that has become familiar to prosecutors across the country who campaigned on reforming the criminal justice system, Price’s opponents began to attack her proposed policies before she took office in January. An online petition for her recall started circulating in February.
The Oakland Police Officers’ Association has blamed her office for worsening crime. And her handling of two high-profile cases of children killed fueled intense internal and public criticism.
Two prosecutors resigned from Price’s office in recent months after she decided not to lengthen sentences for defendants in two cases where children were shot and killed, one by a stray bullet. At least two dozen other prosecutors and investigators have left the office since Price was elected. Several of the departed staffers went to work for San Francisco District Attorney Brooke Jenkins — who is widely seen as being close to police and was herself appointed last year after campaigning to successfully recall a reformist prosecutor.
Price’s critics point to the departures as evidence of her failures, but turnover is typical when a new prosecutor takes office. Brooks said, “The hype-up that this is because Pamela is somehow so problematic and that’s why there’s turnover is absolutely ludicrous.”
California has seen several recall campaigns in recent years after reform prosecutors won office from San Francisco to Los Angeles. In San Francisco, District Attorney Chesa Boudin was recalled, and Los Angeles District Attorney George Gascón survived a second recall attempt. The attacks on reform-minded prosecutors play up individual cases to highlight what critics say is incompetence in the offices of prosecutors like Price, Boudin, and Gascón.
The visceral criticisms of Price have taken hold just seven months into her first term in office and made it difficult for observers to distinguish impartial criticism from backlash to the reform movement writ large. In the cases of both Price and Boudin, proponents of tough-on-crime policies have drawn a link between criminal justice reform and crimes against Asian Americans.
“All of this was happening under [Nancy] O’Malley,” Brooks said, referring to the previous Alameda County district attorney. Part of the backlash to the criminal justice reform movement is a law-and-order drum beat that capitalizes on and manipulates people’s fear and pain, Brooks said. “It’s a bunch of false flags,” she added. “Unfortunately, that is a tactic we know that the right uses to prevent solidarity.”
Since the reform prosecutor movement took off in the mid-2010s, more than 30 bills in at least 17 states have tried to strip power from prosecutors whose policies address efforts to reform the criminal justice system. State lawmakers, often in rural areas, have sought to limit the power of prosecutors elected on reform platforms in far-away cities.
The lines betweensubstantive criticism of elected prosecutors and efforts to undermine their authority have become blurred.
While prosecutors across the political spectrum should be accountable to their constituents, criticism of prosecutors like Price and her peers has been amplified within a larger project to oppose popular criminal justice reform, said Anne Irwin, founder and director of the pro-reform group Smart Justice. “The nascent recall effort in Alameda County is absolutely reflective of a national Republican playbook,” Irwin said.
“The nascent recall effort in Alameda County is absolutely reflective of a national Republican playbook.”
There are parallels to St. Louis, San Francisco, and Philadelphia, where lawmakers impeached Philadelphia District Attorney Larry Krasner last year, she added. Ideological differences typically drive resignations under tough-on-crime and reform prosecutors alike, but the media did not cover staff departures or internal office drama until reform-minded candidates started winning office.
“What’s remarkable is that there has been almost no coverage of how an elected prosecutor runs their office until progressive prosecutors were elected,” Irwin said. “Then all of a sudden, there is intense scrutiny, much of it drummed up by the folks who are backing a recall, to make a case that the progressive prosecutor is a bad manager. But can any of us look back in history and point out whether or not any other tough-on-crime prosecutors in the ’80s or ’90s were good managers?”
Voters in Alameda County watched Boudin’s recall play out. More than a year later, they saw that the recall didn’t make San Francisco a cleaner or safer place, Irwin said. Unlike San Francisco, Alameda County has less money and more people directly impacted by mass incarceration. Those factors could make a recall effort in Alameda County more of an uphill battle.
“The entire Bay Area, including Alameda County, is realizing that the recall of Chesa Boudin was a false promise,” she said. “That will impact how Alameda County voters approach a recall effort against DA Price. There will be a lot more skepticism about a recall of the district attorney being the panacea.”
Price’s 2022 election was in part response to a push among Oakland residents for reforms to the criminal justice system they said were long overdue. Price beat a more moderate candidate and became the first Black prosecutor with support among communities most impacted by crime. She declined corporate PAC money and raised more than $1 million for her campaign.
Price’s predecessor and 2018 opponent, Nancy O’Malley, had beenaccused of misconduct and workedagainst some criminal justice reform efforts. Police unions heavily backed O’Malley’s 2018 reelection campaign against Price. She retired in 2021.
As Price implemented the reforms she ran on, pushback was swift. One prosecutor resigned over Price’s reluctance to enhance sentencing in the stray bullet case and said Price’s office had mistreated victims in Asian American Pacific Islander communities. Another said she had neglected victims of violent crime.
Families of victims have also issued criticisms of Price, saying her office hasn’t implemented strict-enough sentences. Outlets including the New York Post and the Berkeley Scanner, a conservative independent outlet, have amplified criticism of Price’s office and publicized resignation letters from prosecutors who left her office.
The resignations fueled more public criticism that linked Price’s policies to crime in Oakland, which reached 100 homicides for the first time in a decade in the years before she was elected. Within her first six months in office, conservative media began to attack Price’s approach to reform. A recent headline in the national conservative outlet Washington Examiner blared: “Soros-backed prosecutor continues to go easy on murderers.”
On the last day of school at Parker Elementary, following tearful moving up ceremonies for fifth and eighth grades, one group of mothers — frustrated over a decision to permanently shutter the school — refused to leave.
Over 50 days later, they’re still there,occupying the schoolalongside a network of community activists and other supporters. In the meantime, they’ve started “Parker Community School,” which offers free summer programming for schoolchildren and adults. Even as the next school year approaches, they’re refusing to back down, with plans to expand their efforts as part of a broader fight against educational racism and inequity in Oakland and across the country.
“Our kids are important to us — and that’s the reason why this has to happen,” said Misty Cross, a mother of two in the district who has been one of several parents sleeping at the school. “When we keep seeing closures every year, those are entire communities that are at stake.”
In February, the Oakland Unified School District approved plans to close, merge or shrink 11 schools in predominantly Black and Brown neighborhoods in the district, including Parker, which has served children in grades K-8 for 96 years. While officials say the closures are necessary toaddress budget shortfalls, families, teachers and students in the district’s close-knit schools have expressed widespread and impassioned opposition.
The Oakland Education Association teachers union held aone-day strikeand filed an unfair labor charge over the plan. In April, the American Civil Liberties Union filed acomplaintwith the state’s attorney general on behalf of theJustice for Oakland Students coalition, urging an investigation into the closures’ disproportionate impact on Black students. In February, Maurice André San-Chez, an educator in the district, washospitalized after hunger strikingfor 20 days to protest the closures alongside school administrator Moses Omolade.
Black students make up 22 percent of the district’s total enrollees, but accounted forroughly 43 percentof students at the schools slated for closure under the school board’s initial plan. The closures have been driven in part because Oakland students attend charter schools at more thandouble the rateof other children across the state, leading to declining enrollment in the district.
“This matters not just for these children, but for all children,” Cross said. “And, all Black and Brown communities who have been going through closures.”
Cross is also a co-founder of the Oakland activist groupMoms 4 Housing, a collective of unhoused working mothers who successfully occupied andultimately reclaimedan empty home owned by speculators in 2020. She’s been applying the strategies she learned through Moms 4 Housing to build support for the sit-in at Parker.
On Tuesday, Cross and her seven-year-old daughter went on a field trip to theEast Oakland Collectiveas part of the occupation’s on-site programming, where they viewed an exhibit on the Black Panthers, who once operated a network ofliberation schoolsand community care programs across the country.
The Parker Community School also features poetry nights, Narcan trainings, current event discussions, and other programming facilitated by parents, teachers and community members that Cross says shows “what a community school really looks like.”
“When we keep the community in the school, it keeps those families together,” said Cross, who fears what plans the district might have for selling the school building. “It is so important that this building stays in the community. And, that the land is not given to privatizers or changed into a charter school, or sold off to a billionaire to create market rate housing.”
For now, Cross says the parents and activists occupying Parker have big plans in anticipation of next school year, including bringing on other parents affected by closures. The district plans to closefive more elementary schoolsat the end of the 2022-23 school year.
“The neglect has gone way too far,” Cross said, emphasizing that working parents were leading the struggle out of necessity in light of the district’s failures. “We fight for our kids until they fight for themselves.”
Oakland, California – Students from three Oakland area schools, scheduled to be closed at the end of this school year, led a spirited march and rally today. Young people from Parker Elementary, La Escuelita Middle School and Community Day School chanted from the sound truck, carried signs and banners and spoke about how teachers in their neighborhood schools have changed their lives. Rank-and-file members of the Oakland Education Association, parents and community members participated in today’s action.
Since February, a grassroots community-led coalition has come together to stop the Oakland Unified School District’s plans to close or merge 11 public schools serving primarily Black, Latinx and other students of color in East Oakland.
After a white cop fatally shoots someone, prison reformers often suggest hiring more Black cops or more women. But diversifying the police force won’t end police violence, and neither will milquetoast reforms that have been tried and tried again.
Benjamin Jancewicz, a Baltimore-based abolitionist, points out that around 62 percent of the American police force is white, and around 85 percent of cops identify as male. But that lack of representation is not where the issue of policing lies. Jancewicz asserts that police have an established culture of “oppression and dominance” that does not change even when the force has more women or BIPOC officers. “Baltimore,” he points out, “has a 40 percent Black police force” which has not affected the “already established culture of corruption and brutality.”
In 2015, Freddie Gray died in police custody after being brutalized by Baltimore cops, and the police violence and misconduct in Baltimore hasn’t ended there. This is because a system will not and cannot reform itself, especially “when you dump more money and more personnel into it,” according to Jancewicz.
How do we know when a reform is actually going to funnel more money and power to the prison-industrial complex? In an interview with Truthout, Sarah Fathallah, an Oakland-based abolitionist, points to a Critical Resistance framework that helps to determine if a proposed reform “is an abolitionist step that works to chip away at the scope and impact of policing, or a reformist reform that expands its reach.”
The framework guides us to look at reforms critically and ask: Does the proposal reduce funding to police? Does the proposal challenge the notion that police increase safety? Does the proposal reduce the tools, tactics and technology police have at their disposal? And does the proposal reduce the scale of the police?
When it comes to hiring more police officers as an attempt to diversify, we can immediately see that this reform will not lessen the scope of the prison-industrial complex.
Instead, Fathallah says, “Hiring more diverse cops often expands the funding and bodies police departments have at their disposal.” Fathallah saw this firsthand in Oakland, where the City Council voted to approve a police academy in September 2021, citing “discrepancies between the gender and racial makeup of the police compared to communities” to justify the need to hire even more cops.
Focusing on the identities of the police who are committing violence actually prevents us from taking aim at the real issues. Fathallah rightfully points out that these pushes for gender and racial diversity frame “police brutality and murder as individual issues to solve” while reinforcing the “‘bad apples’ narrative of policing, that the police are harmful because of individually blameworthy and racially biased police officers.”
Pushing this narrative is imperative for those who seek to preserve the existing power structures, because it wrongly suggests that huge social problems are actually the failures of individuals, rather than structures.
The violence and cruelty of the prison-industrial complex has been well-documented since its inception, and public consciousness is reflecting this reckoning. More and more people are becoming increasingly critical of the prison-industrial complex. In the summer of 2020, this criticism came to a head with the protests against police violence after the killings of George Floyd and Breonna Taylor. Brutal police violence and the horrors of incarceration never stop, but when examples of them are catapulted onto the national stage, people want answers and solutions.
Because policing and incarceration are inherently violent and racist institutions, prison-industrial complex abolitionists have been working to dismantle them in the hopes of creating a safer and more just world. Without the prison-industrial complex, abolitionists argue that we can divert resources to life-giving resources and services, rather than death-making institutions.
Prison-industrial complex reformers and preservationists generally argue that the system is “broken” — that it has problems that are ultimately solvable, but that maintaining its existence is imperative for public safety. The truth is that the prison-industrial complex is functioning exactly as it is meant to; its creation was never intended to provide justice, but instead it was born of the desire to maintain white supremacy and racial capitalism. When we reframe our understanding of the prison-industrial complex, it becomes clear that it is accomplishing its intended purpose.
In this context, it becomes clear that reforms, such as hiring more Black cops or more women cops — as well as proposed changes like bans on private prisons, body cams on cops and requiring that police verbally warn before shooting — will never solve the problem of police violence.
While police violence can be enacted by individual officers due to racial bias, it is not limited to that. Fathallah says it is also (if not more so) “the outcome of intensive over-policing and systemic criminalization of racialized poverty,” meaning diverse hires will not stop violence.
When concerned people focus on reforming the police and removing the so-called bad apples, policing is able to continue existing in much the same way. Fathallah mentions the phrase “preservation through transformation,” coined by Professor Reva Siegel that describes the phenomenon wherein a violent institution shifts and changes just enough to remain legitimate in the eyes of most.
Hiring diverse cops changes who is doing policing and what the police look like, but it doesn’t change what policing is. And it certainly doesn’t change the fact that the system is actually functioning exactly as it was designed to do.
The only way to stop police violence is to abolish the police. “Policing itself is a form of violence,” says Fathallah, “and violence is a fixture of policing, not a glitch in its system.” Once we acknowledge that truth, then we can see that no reform will change what police are and what they were created to be: protectors of a white supremacist state, of racial capitalism and of private property.
Sports, theater and concert fans are excited venues are opening up again. So are clever ticket sellers who’ve figured out ways to cash in on unsuspecting customers shopping online.
Reveal’s Byard Duncan starts with an examination of the tricks and traps that await fans who try to buy tickets online, at the hands of some of the largest companies in what’s known as the secondary ticket market.
Then Reveal’s Ike Sriskandarajah visits his favorite theater in Oakland, California, which went dark in March because of the pandemic. Like venues across the country, the Paramount Theatre plans to reopen its doors later this year, and we find out what it will look like.
We end with an essay from reporter Yoohyun Jung, who’s been a fan of K-pop music for most of her life. But when she went from being a fan to working in the business, she saw some disturbing things that gave her a new perspective on this international phenomenon.
This is an update of an episode that originally aired February 6, 2021.
Sports, theater and concert fans are itching for events to start happening again. So are clever ticket sellers who’ve figured out ways to cash in on unsuspecting customers shopping online.
Don’t miss out on the next big story. Get the Weekly Reveal newsletter today.
This story was co-published by the Los Angeles Times.
In the crowded kitchen of a McDonald’s outlet on a working-class commercial stretch of Oakland, California, it was as though the coronavirus didn’t exist.
Social distancing wasn’t enforced in the early weeks of the pandemic, workers at the Telegraph Avenue store claimed: As they boxed Big Macs, scooped french fries and bagged orders, they often stood shoulder to shoulder.
There weren’t enough masks, so managers told workers to improvise, offering up a box of dog diapers somebody had left at the store. Often, the outlet was so busy that workers said they had no time to wash their hands, let alone disinfect the countertops.
The outlet’s coronavirus information poster was of little help: It was printed in English, and most of the roughly 40 workers spoke Spanish.
When the coronavirus surged through the store in May, employees – even those with symptoms – said they were pressured to keep working, according to formal complaints filed with the local health department and the state Division of Occupational Safety and Health.
“The managers at McDonald’s have known for weeks that workers at our restaurant were getting sick with COVID-19 and that the rest of us were being exposed,” wrote cashier Angely Rodriguez Lambert, 26. “But they did not tell us.”
McDonald’s was her first paying job since she arrived from Honduras in 2018, settling in Oakland with her aunt, uncle and grandmother. During an 80-hour workweek at the short-staffed restaurant, she told Reveal from The Center for Investigative Reporting, she began suffering chest pains and a raging fever.
“There were times I thought to myself, I’m not going to work anymore, it’s too risky,” she said. “But I had to get paid to help my family.”
Among the next to succumb was cashier Yamile Osoy, 26. On May 18, she developed COVID-19 symptoms – a fever, head and body aches – but continued working because she couldn’t afford not to.
As her symptoms worsened, she told her shift manager that she felt sick and wanted to go home. According to her complaint, he told her to lower her mask so she could breathe easier – and finish her shift.
Several days later, her partner, infant and 8-year-old son began to experience COVID-19 symptoms. The 10-month-old went into convulsions when his fever spiked to 104 degrees. Then Osoy’s COVID-19 test came back positive.
“I just kept thinking, what’s going to happen to us?” she said in an interview. “Especially my son. He’s so small, he couldn’t tell us how he felt.” For him, the disease lingered, appearing to dissipate, only to return with a fresh fever and diarrhea six weeks later.
Yamile Osoy – shown with her children, 8-year-old Allam and 1-year-old Ezra – is a cashier at a McDonald’s in Oakland, Calif. Osoy and Ezra both got sick from the coronavirus. Credit: Sarahbeth Maney for Reveal
Two days after Osoy fell ill, her co-worker Maria Orozco, 28, received an alarming phone call at work: Her kids’ babysitter had COVID-19. Orozco had been working alongside a store manager who had come into work with flu symptoms. Convinced she had carried the virus to her sitter, Orozco burst into tears. She later tested positive for COVID-19, as did her two children and her brother, also an employee of the Telegraph Avenue McDonald’s. Ultimately, at least 20 people associated with the outlet tested positive for the coronavirus or experienced symptoms, according to complaints.
Emboldened by organizers from the Service Employees International Union, 20 workers walked off the job May 26, forcing the store to shut down. An Oakland judge imposed strict conditions for the outlet to reopen.
The store’s operator, Michael Smith, did not respond to specific allegations. In a written statement, he said that he had gone to great lengths to keep his workers safe during the pandemic, spending thousands of dollars to purchase protective gear and imposing “rigorous” safety procedures. “Our people are the heart and soul of my organization,” he wrote.
By summer, the coronavirus had flared at nineother McDonald’s outlets within 15 miles of the Telegraph Avenue store, including three operated by Smith, with more than 70 workers and their families testing positive or exhibiting symptoms,complaints show.
It’s a pattern that has repeated itself across the country.
Safety complaints in dozens of states
McDonald’s USA, the nation’s largest fast food restaurant chain with 14,000 stores, has claimed it’s an industry leader when it comes to COVID-19 precautions.
The company said it has imposed more than 50 enhanced safety procedures to guard against COVID-19 in its restaurants and has engaged the Mayo Clinic for advice on how to “further enhance hygiene and cleanliness practices in support of customer and crew safety.”
But complaints filed by McDonald’s employees in 37 states portray some of the chain’s outlets, both franchises and corporate owned, as COVID-19 incubators: at their worst, crowded workplaces with inadequate protective gear and safety procedures.
As in Oakland, employees around the nation said they were pressured to work in close quarters alongside ill co-workers or come to work when they were ill themselves. Even when cases of COVID-19 appeared among staff, outlets remained open for business, according to the complaints, which were filed with state and federal regulators from March through Dec. 13.
Restaurant cleaning was haphazard after cases were detected, and masks and gloves were in short supply, according to complaints. Sick pay and quarantine pay were not available in some stores and given grudgingly in others,workers claimed.
As staffing levels fell in stores where COVID-19 had taken hold, employees filed complaints saying they were pressured to work double shifts or cover shifts at other outlets experiencing outbreaks.
McDonald’s executives maintain that the vast majority of its outlets are clean and safe.
Bill Garrett, who heads the company’s coronavirus task force, said he knew of only “a few isolated instances” in which the coronavirus had been an issue at McDonald’s franchises.
“What I can tell you is we’re watching things very, very closely and we’re not seeing any type of large or widespread problem that we would react to,” he said in November.
In U.S. cities, McDonald’s employees typically earn about $15 an hour, according to the SEIU, which is seeking to unionize the fast food industry. Many of those who filed complaints said they felt compelled to work even when sick or risk having their hours cut or losing their jobs entirely.
As Walter Cortez, a worker at a McDonald’s in San Pablo, California, wrote, “The managers say, ‘Aguántate,’ ” – put up with it – “because there is no one to cover your shift.”
Maria Ruiz leads protesters during a strike to protect essential workers at McDonald’s in Oakland, Calif., on Friday, Oct. 16, 2020. Credit: Sarahbeth Maney for Reveal
Reveal reviewed summaries of more than 1,600 complaints to the Occupational Safety and Health Administration concerning the coronavirus in the nation’s fast food restaurants, along with 200 additional accounts found in health department records, lawsuits and news reports.
Altogether, Reveal identified more than 230 McDonald’s outlets from Maine to Hawaii that had been the subject of county, state or federal coronavirus complaints and health department reports. Nationwide, the virus has flared at about 140 of these outlets, and nearly 500 workers and family members have fallen ill, according to the complaints and health reports. Dozens of franchise owners have self-reported additional cases among their employees.
That’s a tiny percentage of U.S. McDonald’s outlets. But the number of COVID-19 cases at McDonald’s is likely far higher than available information shows. Only three state health departments – Colorado, New Mexico and Oregon – publish data identifying businesses where workers have been infected with the coronavirus. All three recorded McDonald’s outbreaks, including one in eastern Oregon in which 40 people associated with two McDonald’s outlets near Hermiston became infected in July.
Blake Casper, owner of 63 McDonald’s franchises in Florida, said in an interview that about 100 of his 3,500 workers had become ill with COVID-19 so far, cases that do not appear in OSHA complaints or public state health department data. Casper, who is also chairman of the National Owners Association, a franchisees group, contended that only one of those workers had gotten ill at work, citing contact tracing by his HR department.
Franchisees like Casper run almost all the nation’s outlets. These independent owners pay rent and a cut of sales to McDonald’s USA but set workers’ pay and benefits themselves. Casper said they have borne much of the financial cost of responding to the pandemic.
“We all got surprised – shocked – when this thing came barreling down in early March,” Casper said. Franchisees scrambled to buy protective gear and establish safety procedures, he said. They got guidance from corporate headquarters, he said, and McDonald’s used its massive buying power to secure special prices on protective gear.
“We’re paying for it, but they sourced it,” Casper said. “But that’s life.”
SEIU officials said McDonald’s workforce has been deeply worried about contracting COVID-19 on the job. In a union survey from April, more than 90% of respondents said they had trouble getting masks, and 1 in 5 reported working while ill, either because they lacked paid sick leave or were afraid of being penalized for not showing up. The union also points to strikes over COVID-19 safety that have shut down more than 100 McDonald’s outlets in 20 cities, including Los Angeles, Chicago and Oakland. The company has dismissed the strikes as publicity stunts.
Few fast food inspections
Regulators have been slow to intervene.
So far, only three fast food outlets in the U.S. have been cited for an OSHA violation in connection with a coronavirus-related complaint: a pie shop in Washington, a waffle house in Minnesota and an Arby’s in Oregon. The pie shop faces a $2,700 penalty for unspecified violations, records show.
On-site investigations have been rare. In response to those 1,600 COVID-19 complaints, inspectors have visited only 56 fast food outlets so far, according to OSHA records.
Nearly 600 cases are open.
But authorities closed about 1,000 cases without an inspection, records show. Instead of visiting stores and interviewing workers, inspectors sent letters to owners. Some OSHA inspectors invited store managers to investigate complaints themselves and report back.
“OSHA investigates every complaint, whether it is received as a formal or informal complaint, or whistleblower complaint,” a Department of Labor spokesperson wrote in an email. He did not comment on the low number of citations.
Local health officials, who have authority to enforce COVID-19 safety measures, have often failed to pick up the slack.
The county inspector responsible for the Telegraph Avenue McDonald’s was assigned to monitor health and safety compliance at “nearly 300 other facilities,” including several with COVID-19 outbreaks, she wrote in an email to the outlet’s owner. And when she finally made an inspection, she went to the kitchen and began checking the temperature of the meat – a routine food safety procedure.
The inspector did not talk to workers, according to attorney B.J. Chisholm, who represents employees in a lawsuit against the outlet’s owner. On the report, the inspector wrote, “All covid requirements are in place.”
Spokesperson Neetu Balram wrote that the Alameda County health department “does its best to distribute work evenly among all staff, which has increased due to impacts of the pandemic.”
The dominant player
COVID-19 flare-ups have occurred at multiple fast food chains.
In March, Chipotle outlets in New York City were roiled by four worker strikes over coronavirus concerns. In June, 10 employees of a Chick-fil-A near Kansas City fell ill with COVID-19. In July, an employee of a Santa Monica Burger King died after working for a week while sick with a cough and other COVID-19 symptoms, according to a complaint, sparking a walkout.
But McDonald’s is the dominant player in the U.S. fast food industry, and the company has accumulated many more COVID-19 complaints than other chains. Of 1,000 fast food industry complaints in which OSHA identified the company name, 151 concerned McDonald’s. (OSHA doesn’t disclose the targets of open complaints.) Subway, which ranked second, garnered 40 complaints.
Before the coronavirus, McDonald’s had over $38 billion in annual sales in the U.S. The pandemic hit the company and its franchisees hard early on, as sales dropped by more than 20% before starting to rebound.
As the pandemic unfolded, McDonald’s USA ordered franchisees to comply with a long list of safety measures: They were required to enforce social distancing, provide adequate protective gear and ensure that cleaning procedures were followed, according to Garrett, the executive in charge.
McDonald’s USA also pushed franchisees to offer paid sick leave to workers during the pandemic. But franchisees pushed back, saying they were “losing faith” in management because the company wasn’t providing the financial relief they needed.
McDonald’s USA backed away from the sick pay issue. But David Tovar, a company spokesperson, says he is confident that McDonald’s workers can get paid sick leave during the crisis – either from franchisees or through provisions of the federal Families First Coronavirus Response Act and local laws.
Meanwhile, the company says it has aided its franchisees by deferring hundreds of millions of dollars in rent and royalty payments and by pumping $100 million into marketing.
Many franchisees also have gotten help from federal Paycheck Protection Program loans, a feature of the CARES Act.
Operators of at least 70 McDonald’s outlets facing coronavirus complaints got the loans, collectively borrowing at least $50 million, according to Small Business Administration data. Among them was the corporation that owns the Telegraph Avenue store in Oakland, which borrowed at least $1 million in potentially forgivable loans. The money is intended to help businesses pay their workers.
Feverish employees told to work
The majority of the McDonald’s complaints reviewed by Reveal warned that shoddy practices might bring on an outbreak, including 129complaints about inadequate masks or gloves.
In Palmdale, California, workers were getting “one disposable mask per month” in April, whilein Indianapolis,workers said they weren’t provided masks at all. That same month, workers at an outlet on San Francisco’s Fillmore Street said that when masks ran low, they were told to make their own: not out of dog diapers, as in Oakland, but from coffee filters.
Even when masks were available, complaints show, they were not always properly used. In Delaware, Ohio, a McDonald’s customer told OSHA in May that workers’ masks were “hanging at their chins.”
Nor was social distancing possible, 40 employees claimed. “The kitchen is very small,” said a worker in Valencia, California. “When it is busy, the workers are basically touching each other.”
More than 100 complaints, spread across nearly 60 towns and cities, accused McDonald’s of botching its response to a known COVID-19 case, either by failing to shut down for a proper cleaning or neglecting to get exposed workers into quarantine. Some of the complaints date back to the chaotic early weeks of the pandemic, but many of the complaints date from late summer or fall, after stores had time to solidify safety protocols.
In Darien, Connecticut, McDonald’s assured the local health department that after a worker tested positive, the outlet had been shut down for an intensive disinfection, records show. But in a complaint co-signed in May by the ill worker, Emma Vasquez, employees said the only “deep cleaning” was done by a single worker while the store remained open.
“My employer gave your department false statements,” Vasquez wrote.
Often, workers complained that they weren’t informed when COVID-19 hit their workplace. An employee at a Chicago outlet said she learned a co-worker had tested positive from a Facebook post. Managers kept things under wraps to avoid ordering quarantines, complainants claimed.
In dozens of other complaints, as recently as November, McDonald’s staff said they found themselves working alongside employees with obvious flu-like symptoms, records show. As a worker in Jasper, Tennessee, complained in July, “Several employees are sick with fevers and are being told to continue to work.”
Some employees reported that paid sick leave was discouraged or unavailable, so they worked even when they knew they shouldn’t.
“Three people in my house tested positive,” Rosa Contreras, a worker in Ontario, California, who lived with other McDonald’s employees, wrote in May. “But still I went to work one more day because I needed the money.” She said she later tested positive herself.
Some workers said they were required to enforce COVID-19 safety rules, forcing them into conflict with customers.
In May, an irate customer in Oklahoma City shot and woundedthree workers after being told an outlet’s dining area was closed because of the pandemic. In June in Oakland, a 19-year-old cashier described being punched and slapped by a customer after she told him to wear a mask. In July, a Chicago customer who was admonished to wear a mask attacked a worker, slapping her and pulling her hair as bystanders videotaped the altercation.
“Every day, when I tell customers, ‘Please wear the mask properly,’ customers call me a ‘fucking bitch,’ ‘a fucking Mexican whore’ and say, ‘Go back to your country,’ ” wrote Alejandra Mendez, a worker at a Santa Monica McDonald’s where three employees contracted COVID-19. “Our managers do not do anything and just allow this to happen.”
A viral spread
After the May outbreak at Oakland’s Telegraph Avenue outlet, the coronavirus moved to another McDonald’s outlet three miles away in Berkeley, near the University of California campus.
According to complaints that the store owner called false, a manager who had worked while ill at the Oakland store also had pulled shifts in Berkeley. There, she confided that she was in pain and needed medication for a fever, complaints claim.
Soon, workers in Berkeley learned the manager had tested positive. For a time, they said, workers received temperature screenings, but the practice was abandoned when the thermometer broke.
Employees who had worked alongside the ill manager – even those experiencing COVID-19 symptoms or awaiting test results – were pressured to stay on the job, according to complaints.
By the end of June, more than 20 Berkeley workers and family members were ill with COVID-19.
The baby was “terribly sick and losing weight,” wrote the child’s aunt, Jennifer Escobar, who also worked at the store and tested positive. “I am in shock that this is happening to my family.”
Among the ill: two workers who, like the manager, had been pulling shifts at both stores.
Meanwhile, a worker from the Oakland store on Telegraph also was covering shifts at a McDonald’s 15 miles away in the city of San Pablo. Although that worker never tested positive, the coronavirus whipped through that outlet as well: Three employees tested positive for COVID-19, according to complaints, and eight others were symptomatic.
By summer, the coronavirus had broken out at two other McDonald’s outlets in Oakland and a third one 15 miles south in the city of Hayward.
The coronavirus also appeared at an outlet in El Cerrito, six miles from the Berkeley store and owned by the same company. Employee Daniela Rodriguez said in a complaint that the El Cerrito store was short-staffed because one employee had tested positive and seven others were afraid to come to work.
On a weekend in June, a Berkeley manager sent a text to all scheduled workers ordering them, on penalty of discipline or termination, to report to the El Cerrito store instead. The text didn’t mention COVID-19. According to SEIU, two workers who said they reported to El Cerrito later tested positive for COVID-19.
The workers’ claims are false, said Larry Kamer, spokesperson for store owner Pavilions Management. In an email, he wrote that the Berkeley health department had inspected the store and taken no action. The company’s “careful, consistent, and effective actions” had kept customers and workers safe during the pandemic, he wrote.
Similar multistore outbreaks occurred at McDonald’s outlets in Los Angeles and on Hawaii’s Big Island.
In Los Angeles, an outbreak that began in June at a McDonald’s on Marengo Street in Boyle Heights flared across five stores owned by the same company, according to workers’ complaints. More than 20 employees and family members were infected, according to the complainants, who blamed the company’s practice of moving workers among stores when COVID-19 broke out – a claim the owner, R&B Sanchez, disputes.
“I am writing because five members of my family got sick with COVID-19 and I believe we got sick from working at McDonald’s,” Marengo Street worker Magali Martinez wrote July 22. She said she was among “five or six” workers at the outlet ill with COVID-19. Her two children also had COVID-19, as did her sister-in-law and mother-in-law, who she said got sick working at an outlet a mile away on North Broadway.
“COVID-19 may be spreading among several of sixteen stores with the same owner, as workers were sent from one store to another to clean and work where there were COVID-19 outbreaks,” she wrote.
The Big Island outbreak unfolded in the Kona resort district in April. There, 32 people fell ill as the coronavirus broke out in three outlets with the same owner. At a news conference, the state’s health director, Bruce Anderson, absolved the outlets’ owner of responsibility, saying the stores “did everything right.”
But records released by the state Health Department indicate that one of the stores was providing little protection to employees. An inspector who visited soon after the outbreak wrote that “no employees were observed wearing masks,” noting that workers had been “encouraged but not required” to buy their own masks and gloves.
Injunctions in Oakland and Chicago
In May, workers backed by SEIU sued McDonald’s in Chicago, claiming the risk of COVID-19 was so great that four outlets in the city should be declared public nuisances. The lawsuit accused operators of violating a state safety order by failing to enforce mask-wearing and social distancing and by not informing workers about COVID-19 outbreaks in the workplace.
At a store on West Cermak Road, employee Maria Sanchez de Villaseñor said that in April, a maskless colleague was sneezing onto food and into his ungloved hands. The manager didn’t intervene, she wrote in a complaint. Other workers described shortages of masks and gloves.
“The whole idea of seeking a preliminary injunction was to avoid an outbreak,” said attorney Ryan Griffin, who represents the plaintiffs.
The company and franchisees denied wrongdoing. Outlets had access to protective gear, McDonald’s said, and McDonald’s required outlets to comply with state safety orders.
In June, Circuit Court Judge Eve Reilly found that at three stores, company policies “are failing to be properly implemented.” She ordered McDonald’s of Illinois and a franchisee to impose social distancing and enforce the wearing of masks.
The coronavirus continued to flare in Chicago stores. On Nov. 1, a worker at a South Side outlet filed a complaint familiar from the earliest days of the pandemic. The store was failing to provide workers with proper masks, Kenia Campeando wrote to OSHA. She said she and five other workers were infected, as were her husband and three children.
Rosa Vargas, of San Jose, stands in the drive-thru line during a strike to protect essential workers at McDonald’s in Oakland, Calif., on Friday, Oct. 16, 2020. Credit: Sarahbeth Maney for Reveal
The Telegraph Avenue restaurant in Oakland remained closed after the May safety strike. With the union’s backing, the workers sued, alleging that operator Michael E. Smith had violated city sick leave laws. Superior Court Judge Richard Seabolt ordered Smith to upgrade coronavirus safety measures and get approval from the county health department before reopening. It reopened July 15 – for drive-thru only.
The workers then sought an injunction – a court order requiring Smith to provide sick pay and ensure that workers with COVID-19 symptoms stayed home.
Smith contended that an injunction wasn’t necessary because he was complying voluntarily with safety rules. But on Aug. 6, another Telegraph Avenue worker tested positive. Smith said he told the worker’s mother, also an employee at the outlet, to self-quarantine and ordered a deep clean.
As the cleaning was underway, Smith reported to the court that yet another Telegraph Avenue worker had tested positive. Smith said he gave employees the option to self-quarantine. His actions displayed Smith’s “commitment to safety during this global pandemic,” his attorney, Michael Pedhirney, told the court.
The judge issued the injunction.
After nearly fainting that day at work, Telegraph Avenue cashier Yamile Osoy went home to the single room in an Oakland apartment that she shares with her two boys. There, she nursed the children through COVID-19 even as she was battling it herself. “I felt bad,” she said. “But who was going to take care of my kids if I didn’t?”
She hasn’t worked since the outlet shuttered in May. Her partner has helped with the rent, and she has depended on food banks for groceries.
She hopes to go back to work at McDonald’s as soon as her old $14.14-an-hour job on the night shift opens up. She really needs the money, she said.
Correction, Jan. 20, 2021: A previous version of this story misspelled “Aguántate,” the Spanish word for “put up with it.”
Reveal reporters Jennifer Gollan and David Rodriguez contributed to this story. It was edited by Esther Kaplan and Matt Thompson at Reveal and Carla Rivera at the Los Angeles Times and copy edited by Nikki Frick at Reveal.
Literary Dialogs with Nina Serrano interviews Holly Alonso, Director of the Peralta Hacienda, and Diane Wang, educator at the Peralta Hacienda Historic Park, about the renaming of Peralta Hacienda Historic Park which is now underway (Fall, 2020). These outstanding women joined Nina on zoom to share the public conversation and some up-coming events.
Antonio Maria Peralta House, 2465 34th Ave, Oakland, CA
The Peralta Hacienda is named after the family that received a land grant of 45,000 acres in what is now Oakland, CA, from Governor Pablo Vicente de Solá, the last Spanish governor of California, in the 1820s. The renaming discussion involves the broad community of indigenous Ohlone people, Fruitvale district neighbors of the park, the Latinx community, descendants of the Peralta family, the city government, the Oakland Department of Parks and Recreation, and other stake holders. Holly Alonso invites the public to join the convrsation by contacting their website. The video reviews the history of the park land, the Peraltas and the Ohlone.
The interview, first broadcast on La Raza Chronicles on KPFA FM radio September 8, 2020, begins with Holly Alonso describing about how and why the process began and how she went about creating a public conversation.
Then, Diane Wang, educator at the Peralta Hacienda Historical Park, discusses some upcoming events and exhibits at the Park. (contact peraltahacienda.org for more information)
Events and Programs include:
The Water Keepers Program
Inside My Mask Exhibit
Black Lives Matter Exhibit
Undocumented Heart Exhibit
Meaningful Meals exhibit
Youth Making History Program
About Nina Serrano: Nina Serrano is a well-known, international prize-winning inspirational author and poet. With a focus on Latino history and culture, she is also a playwright, filmmaker, KPFA talk show host, a former Alameda County Arts Commissioner, and a co-founder of the San Francisco Mission Cultural Center for Latino Arts. Oakland Magazine’s “best local poet” in 2010, she is a former director of the San Francisco Poetry in the Schools program and the Bay Area’s Storytellers in the Schools program. A Latina activist for social justice, women’s rights, and the arts, Nina Serrano at 86 remains vitally engaged in inspiring change and exploring her abundant creativity. For more information go to ninaserrano.com or contact her publisher at estuarypress.com. For more detailed information about Nina see About Nina on her website.
About Estuary Press: Estuary Press is the publisher of Nicaragua Way. It is also the home of the Harvey Richards Media Archive, a repository of photography and video documentaries of various social change and political movements during the 1960s and 1970s. Contact Paul Richards (510) 967 5577, paulrichards@estuarypress.com or visit estuarypress.com for more details.
MEDIA – For photos & interviews: Paul Richards (510) 967 5577; paulrichards@estuarypress.com
Literary Dialogs with Nina Serrano Featuring Holly Alonso and Diane Wang Renaming Peralta Hacienda Historic Park This edition of Literary Dialogs with Nina Serrano focuses on the nationwide rethinking of our colonizing and racist history. Oakland’s Peralta Hacienda Historical Park is now holding a public discussion about changing their name. Literary Dialogs with Nina Serrano […]
This post was originally published on Estuary Press.
A reporter is threatened with prosecution, an officer outruns his past, and our host sits down with the president of the largest U.S. association of police officers to ask the question: When police officers misbehave, why does it stay secret?
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The toxic water of Flint, Michigan, reminded us that lead is a very persistent poison. This week, Reveal investigates the lurking threat of lead from the dust of urban demolitions to the wilds of Wyoming.
Hear how contractors help one another cut corners on demolitions, putting kids at risk, while city officials study the problem. Meet a public health nurse who explains why she advises families to choose a homeless shelter over a lead-tainted apartment, and learn how childhood lead poisoning still affects one man decades later. Progress has been made cleaning up lead. But much remains to be done.