C I T Y L I G H T S
Under the radar
continued from page 3
ing its “opposition to proposed building standards ordinance to approve ABS and PVC pipe in high rise residential buildings.” ABS stands for Acrylonitrile buta- diene styrene and PVC is short for Polyvinyl chloride. Last July, the Monterey/Santa Cruz Counties Building and Construction Trades Council went after the Califor- nia State University at Monterey for using ABS in a new student housing complex, asserting it “is a known toxic and carcinogen and you don’t want to breathe its fumes.”
— Matt Potter (@sdmattpotter)
The Reader offers $25 for news tips published in this column. Call our voice mail at 619-235- 3000, ext. 440, or fax your tip to 619-231-0489.
Credit card fees
continued from page 3 “Our members all know
about it, but it is not some- thing they wish to imple- ment at their stores,” says Mark Arabo, president of the San Diego–based Neighbor- hood Market Association, the nation’s largest corner-store lobbying and advocacy group.
C I T Y L I G H T S
“NMA store members have the highest level of respect for the customers and communi- ties that we serve.” Expect more financial
matters and commercial transactions to have free- speech protections bestowed upon them by courts as the Citizens United era continues to morph, says Arnold. But if San Diego–based
Neighborhood Market Asso- ciation’s position — with its 2300 members nationwide — is any indicator, there may be little reason to worry about merchants taking advantage of Judge England’s ruling. “While we respect the
liberties of individual store owners to manage their businesses as they see fit, the Neighborhood Market Association would never promote any supplemental costs to consumers,” Arabo says. “Whether this is free speech or not is something to be debated within the courts, not on the floors of our small businesses.” California Attorney Gen-
eral Kamala Harris filed an appeal to Judge Englands rul- ing in the Ninth Circuit Court of Appeals on May 24, 2015. Courts have recently
struck down similar state laws banning credit-card sur- charges in other states, includ- ing New York and Florida.
C I T Y L I G H T S
But Harris’s appeal received a possible boost when the Second Circuit Court of Appeals recently restored the New York ban on credit- card fees.
■
NEWS TICKER continued from page 2
to Sacramento to testify.” Dave Rice
Bicyclist vs. city’s pothole Injury could have been prevented, says lawsuit March 21, 2015, was a per- fect day for a bike ride in La Jolla…until cyclist Jonathan Sammartino struck a two- and-a-half-foot by four-foot pothole on Torrey Pines Road and was thrown from his bike head-first onto the concrete. While unconscious from
the fall, Sammartino had a seizure and was trans- ported to Scripps Memorial Hospital, where doctors dis- covered that his brain was bleeding from the impact. He stayed in the intensive care unit for five days before being admitted to an in- patient rehabilitation facility. Nearly one year after the
fall, Sammartino is suing the City of San Diego for neglect- ing public property. Sammartino’s attorneys claim that Sammartino
C I T Y L I G H T S
“exercised due care” by rid- ing in the bicycle lane and was riding “below the posted speed limit and was follow- ing all other safety precau- tions including using bicycle safety equipment and wear- able protection, including a helmet.” Yet, while Sammartino
used caution during his ride, it was the city, says the law- suit, that failed to protect the public. According to the com-
plaint, the “pothole is visible on images on the Internet, including satellite images and from street-view images taken months before the accident.” Its visibility and the size leads Sammartino’s attorneys to believe that the city was most likely aware of the pothole for some time before the accident. “The City of San Diego
likely had actual notice of the condition, such as by observation or citizen com- plaints, but at very least had constructive notice of the dangerous condition suffi- cient in time to have taken measures to protect against the dangerous condition.... “As a direct and proxi-
mate result of the injuries, [Sammartino] has been unable to perform the duties of a husband in that [he] can no longer assist in the same
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ways that he used to be able to with housework, cooking, have sexual intercourse, participate in family, recre- ational, or social activities with [his wife], or contribute to the household income,” reads the complaint. “Due to the nature of
the
injuries...and the severe physical and psychological strains they cause him, [Sammartino] is no longer able to provide [his wife] with love, companionship, affection, society, moral sup- port, and solace.” The lawsuit is one of
many filed in recent years by cyclists and pedestrians who have allegedly been injured as a result of San Diego’s crumbling infrastruc- ture. In 2014, as reported by the Reader, a cyclist sued the city after running into a crumbling sidewalk during a ride in Carmel Val- ley. The case is ongoing. In June 2014, the city filed a counter-claim against a construction company for construction defects. In another lawsuit filed
in 2013, a cyclist sued the city for failing to maintain the streets and create bike lanes after she was hit by a car near Pacific Beach. In April 2015, the city coun- cil settled the case out of court for $225,000 for
C I T Y L I G H T S
Belinda Martinez. A hearing in San Diego
Superior Court is scheduled for September 30, 2016. Dorian Hargrove
Jack in the Box stock plummets All-day breakfast by McDonald’s partially blamed Stock of San Diego fast- food chain Jack in the Box plunged more than 19 per- cent in after-hours trading on February 17. The company missed Wall Street’s quar- terly revenue and earnings- per-share expectations, and also gave a weak forecast for the full year. For its first quarter ended
January 17, the company reported earnings of 93 cents a share. The average estimate of ten analysts surveyed by Zacks Invest- ment Research was for $1.03 a share. Revenue for the quarter was $470.8 mil- lion. Analysts had expected $475.4 million. Jack blamed its weak
results partly on “aggressive value offers” of competing chains and the launch of the all-day breakfast by McDon- ald’s. Jack looks for full-year earnings of $3.50 to $3.63 a share. Analysts have been expecting $3.63.
Don Bauder
30 San Diego Reader February 25, 2016
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