Archive for the ‘Opinion’ Category

Op-Ed: DeSaulnier’s opponent Piccinini responds to his comments about Chevron’s departure

Saturday, August 17th, 2024
Challenger Katherine Piccinini (Source: campaign) disagrees with incumbent Mark DeSaulnier (Source: campaign) on his views about Chevron and their headquarters move from San Ramon to Texas.

By Katherine Piccinini

My pledge to the people of Contra Costa District 10 is to be Putting the People First. The incumbent has made it very clear, as Chevron prepares to leave San Ramon for Texas, he, the incumbent, is putting state and federal policies first. (See related article)

When we think of a large company moving away from its long-term home area, there are many challenges to be considered, such as: loss of revenue from the move, stress of relocating families, children’s emotional and educational issues and the strain on families having to start over. In the incumbents’ words, “I hope as Chevron relocates their corporate facilities, they will keep California’s climate goals in mind.” Really? With all the overwhelming human factors involved, the executives should keep our state’s climate goals in mind. Again, really?

Chevron’s achievements in pursuing and investing in alternative energy sources was have been well defined touching on areas of solar, wind, biofuel, geothermal and hydrogen. Have these pursuits been unacceptable? This is all part of reducing so-called “greenhouse emissions” as we continue to rely on naturally formed, carbon-based oil, often referred to as fossil fuels. Chevron has been at odds with California State regulators and politicians over fossil fuels and climate change for years. Because they want Chevron to be a diverse energy company investing in clean renewable energy does not mean that Chevron has not put forth great alternatives. California is considered to be one of the most progressive energy states but, we shouldn’t allow “cancel culture” to override reasonable considerations.

And that is the problem. It is California policies that are driving residents and companies elsewhere. This move was known since 2022. Chevron has been in California for 140 years and in San Ramon since 2002. Chevron cited that California policies have hurt consumers, and they feel this is not good for the economy so they will seek greener pastures. Also, there appears to be something more ominous on the horizon as California’s Energy Commission is considering taking over oil refineries and operations in the Golden State. May that be the bigger threat to Chevron and possibly other private industries?

We will miss this “oil giant” and all that it has brought to our district in stimulating the economy, jobs and stepping forward to pursue energy alternatives for our state.

Piccinini is a candidate for Congress in District 10 which includes the southern portion of Antioch and most of the cities and communities in Central and Eastern Contra Costa County.

Payton Perspective: Antioch Council must wait until after the election to hire new city manager

Wednesday, August 14th, 2024

In the City where “Opportunity Lives”, give the new council members the opportunity to make the decision

By Allen D. Payton

With less than 90 days until the election on November 5th when two new Antioch City Council members will be elected and a new mayor could be elected, it’s too late for the current council to make the decision to hire the new, permanent city manager.

District 2 Councilman Mike Barbanica is running for county supervisor instead of re-election and District 3 Councilwoman Lori Ogorchock can’t run for re-election because she was gerrymandered out of her district by the council majority in 2022. Plus, Mayor Lamar Hernández-Thorpe is running for re-election while facing a formidable challenger in former city manager, Ron Bernal who could very possibly win.

Why should those three council members help choose the city manager who the three new council members would be working with for the next four years? The answer simply is, they shouldn’t. Plus, both Barbanica and Ogorchock have stated they agree the next council should make the decision. He said on Tuesday, August 13, 2024, “That has always been my stance.”

What if the new council majority doesn’t click with the new city manager? They would be forced to work with the person or terminate the contract costing the City and wasting taxpayer funds by paying the severance, which is usually 12 to 18 months of a city manager’s salary.

The one good thing, this time, is the council hired a company to conduct a nationwide search. But they waited too long to get started, after the previous city manager, Con Johnson, who was hired without a nationwide search, was promoted from acting city manager on Oct. 26th immediately before the 2022 election, placed on administrative leave on March 17, 2023, and then resigned effective July 14, 2023. Part of the challenge and delay was the council could only find one search firm to submit a bid to take on the responsibility.

The mayor and council majority could argue the point that they need to make the decision, now to comply with the six-month deadline by the county’s Civil Grand Jury from their report issued in June. But it would be the height of arrogance for the current council to make such a decision impacting the two new council members and possibly three, including a new mayor, without their input. I’m pretty sure the Grand Jury would both understand and give the new council a little more time to comply, knowing that a change in leadership and direction of the city has occurred which won’t cause more of the same concerns to the jurors.

If Hernández-Thorpe is that confident he will be re-elected, then he’ll recognize the city will be fine for a few more months operating under the day-to-day leadership of Acting City Manager and Economic Development Director Kwame Reed and limping along with an interim police chief, two other acting department heads and an acting assistant city manager, and the mayor will wait. The other two council members, Mayor Pro Tem and District 4 Councilwoman Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker will still be involved in the decision even after the election. If the mayor is re-elected, he too will have a say, which can occur right after the council meeting in December when the new members are given their oaths of office.

But we’ll see what the three decide and hopefully they won’t repeat their past action when they appointed the previous city manager less than two weeks before the last council election. They must give the new council the opportunity – which the City’s slogan claims, “Lives Here” – to make the decision to hire a new city manager.

Guest Column: This little-known federal agency is key to out-competing China

Monday, August 5th, 2024

International Trade Commission protecting America’s innovation edge

By Frank Cullen

A little-known federal agency might be our most powerful asset in the race for global tech leadership. The International Trade Commission has the power to deter patent infringement abroad and at home by blocking infringers’ access to the huge American market.

It’s up to policymakers to make sure this asset gets deployed to the full extent of the law.

Here’s the problem: In today’s knowledge economy, ideas are the coin of the realm. But America’s intellectual property is under constant attack.

That’s because a 2006 Supreme Court decision, eBay v. MercExchange, severely curtailed the rights of IP owners. Previously, patent holders could easily stop infringers with court orders, called injunctions, preventing the sale of knock-off products that illegally incorporated patented technology.

But the eBay case changed the procedure for obtaining a court injunction. Patent holders now must prove that money alone can’t make them whole for the damage the infringement caused. Though intended to curb certain types of abuse of injunctive authority, the decision unintentionally made it nearly impossible for legitimate innovators to stop infringement, often leaving them with the sole option of pursuing lengthy legal battles for financial compensation.

Enter the ITC. This body wields the power to swiftly bar infringing foreign-manufactured products from the U.S. market entirely. For a government body, the ITC moves fast, typically resolving cases in 12 to 18 months, compared to the years-long slog of district court litigation.

Its administrative law judges are experts in complex patent issues and can grant exclusion orders now mostly unavailable in federal courts. This combination of speed, expertise, and decisive action makes the ITC an increasingly important venue for companies seeking to protect their innovations from copycats.

Established in 1916 as the U.S. Tariff Commission, the ITC has evolved alongside the American economy as we transitioned from a manufacturing powerhouse to an innovation-driven economy.

This evolved role was on full display in a recent high-profile case. When medical device maker Masimo accused the Apple Watch of infringing its blood oxygen monitoring patents, it turned to the ITC. The result? An import ban on infringing Apple Watch models that held Apple to account promptly. The ban demonstrates the ITC’s ability to check the power of even one of the world’s most dominant companies.

The ITC’s role is crucial to preserving America’s innovative edge. When a biotech startup pours its resources into a potentially life-saving drug, or when a telecom company invests billions in 5G technology, they need to know their intellectual property will be protected. The ITC’s ability to swiftly block infringing products creates a powerful deterrent against IP theft.

Critics of the ITC argue that its powers could potentially be used to stifle competition or harm consumers. But while there’s always a delicate balance between protecting innovation and protectionism, the ITC has built-in safeguards, starting with a public-interest requirement to weigh factors like health, safety, and competitive conditions into its decisions. It’s not a blunt instrument, but a precision tool designed to protect innovation while preserving fair competition.

As we look to the future, strengthening and modernizing the ITC should be a priority. This could involve increasing its resources to handle a growing caseload, streamlining its procedures, and potentially expanding its authority. We also need to educate our innovators more fully about the ITC as a forum for IP protection.

The future of American technological leadership depends on the choices we are making now — in policy, investment, and legal strategy.

Frank Cullen is executive director of the Council for Innovation Promotion. This originally ran in The Hill.

Payton Perspective: Lots of bullying accusations to go around in the Antioch school district

Tuesday, July 2nd, 2024

School board isn’t properly overseeing their one employee, have exposed district to lawsuits, while majority of students are underachieving in math, reading and science

The last performance evaluation for Superintendent Anello was over four years ago

By Allen D. Payton

There sure seems to be a whole lot of bullying and accusations of it going on in the Antioch Unified School District, lately.

First, there were accusations of bullying by employees against a supervisor in the maintenance department over the placement of an extra desk on a roof saying that was his new office, which was investigated and determined to be a prank – over a year prior.

Then that employee and others complained to one Bay Area TV reporter because they weren’t happy with the results of the internal investigation, and bullied District staff until that supervisor was placed on paid leave (which he’s still on) and more investigations were conducted (for which we’re still waiting for the results).

Then ASUD Board President Antonio Hernandez chose to go to the media with private personnel information and bullied Superintendent Stephanie Anello calling for her resignation. That’s because he chose to follow the lead of the complaining employees, siding with them and blaming her for not handling the situation properly, because she and her husband are friends with that department supervisor. That’s even though she had nothing to do with that supervisor’s hiring, nor does he answer to her in the District’s chain of command.

Then members of the public and the leader of the local union for the school district classified employees, California School Employees Association (CSEA) Chapter 85 followed Hernandez’s lead and bullied Anello and her entire district leadership. Chapter president Brian Atkinson announced at the May 8, 2024, school board meeting that “The executive board of our chapter took a vote of no-confidence for the cabinet.” However, whether that vote ever occurred has come into question and has yet to be confirmed. (See related articles here and here and 1:56:00 mark of the May 8 school board meeting video)

Then, during last Wednesday’s board meeting, the audience accused Area 5 Trustee Mary Rocha of bullying Hernandez by calling for his censure, which was the appropriate action to take, which is basically a public spanking or hand slapping. (They could not vote to remove him from the board. The most they could have done was vote to remove him from his position as president).

Finally, the audience were the bullies by disrupting the school board meeting, including while Area 4 Trustee Gary Hack was trying to speak on the matter and shouting down the 86-year-old Rocha, literally and surprisingly calling her a racist for challenging her fellow Hispanic board member’s behavior.

Wrong Message Sent and Lesson Taught

What Hernandez and the other three board members did, sadly, was send the wrong message to current and future board members and the students they’re supposed to be elected to help acquire an education was that the ends justify the means. First, it was done by the board president repeatedly violating the rules, this year, and then what the audience did during the most recent board meeting. While Hack and Area 3 Trustee Dr. Clyde Lewis spoke on one side of the issue, that there is a proper process that must be followed, they wimped out and voted the opposite way by not supporting the censure. Worse, Hernandez defended and doubled down on his actions instead of being just a little bit humble and admitting he could have handled things differently and better, and Area 2 Trustee Dr. Jag Lathan’s defense of his inappropriate actions, as well.

Is that really the lessons we want students in the district to learn? Violate the rules, then raise their voices and defend their actions, stomp their feet, yell, call out, be disrespectful and disruptive, and worse call people with whom they disagree names and label those people racist until they get their way? That’s called childish behavior, and while we might expect it from young children, it is not the appropriate manner to get things accomplished for any student in the district and certainly not adults, including parents and others who were in the audience Wednesday night.

That may be how things are done in the big cities, but this isn’t San Francisco, Oakland or Berkeley and it shouldn’t be the way to get things done in Antioch.

Hernandez blew things out of proportion and has been merely grandstanding at the expense of Anello, thinking and hoping he finally had an issue he could use to bully her into resigning or get her fired, as he’s been trying to do since the month after he took his seat on the board in December 2020. Worse, he did so at the district’s expense. His actions have exposed the district to lawsuits from her and the maintenance department supervisor. With the board’s failure to censure Hernandez this past Wednesday night for his clear violations of board policy and bylaws, they’ve made the matter worse and have further exposed the district to those lawsuits.

While it’s doubtful Anello will sue as she will continue to keep her job, if she wants it, at least until the new board is seated following the elections in November and wouldn’t want to end her career, that way, it’s more likely the maintenance department supervisor might file a lawsuit which will cost and waste taxpayers’ money.

I expected and still expect more out of Hernandez. He’s a bright young man and could have learned from this situation, taken his lumps and proper discipline Rocha attempted to mete out, and let it be a learning experience for him, current and future board members and the district’s students. I also expected and expect more out of Lathan who claimed it was “oppression and White supremacy” for Rocha attempting to properly discipline the board president, especially when they’re both Hispanic. How utterly ridiculous, completely baseless and we all know she knows that. Our local officials must not be so divisive, knock off the race baiting and hateful rhetoric and set a higher standard and better example for the students. Frankly, the other board members should have called her out for saying such a thing and condemned it. As I’ve told elected officials in the past, I tell them all, now – do better, be better.

You Had One Job! Board Not Managing Their Only Employee

As they saying and online meme goes, “You had one job!” when people mess up big time while at work. It applies to the school board as they have only one employee who they hire and answers to them, the district superintendent. As I told Hernandez at one of the high school graduations, recently, they have every right to terminate her or whomever holds the position. But they haven’t followed the proper process and procedure by providing Anello with proper oversight and have repeatedly proven they can’t handle that simple task which is supposed to be conducted only once each year.

That’s because Hernandez hasn’t done what’s required to even evaluate Anello properly, much less have grounds for her termination. Nor have the other four board members. Yet, that is literally their number one job. They’re part-time policy makers and it’s the full-time professional employees including the superintendent and district staff leaders who answer to her, that are supposed to be following and carrying out the board’s directions. But the board hasn’t properly provided it.

The last time the superintendent was evaluated was over four years ago in 2020, when Diane Gibson-Gray was board president. So, during Ellie Householder’s term as president from 2020-21, followed by Hack’s presidency in 2021-22, then Lewis’ term as president from 2022-23 and this year under Hernandez’ leadership, the board has failed to evaluate Anello each year because they never gave her goals to work on, which is what’s needed to measure her performance for the evaluation.

Seriously, how tough can that be? When I was on the Antioch City Council – and I was the youngest council member in the county when I was first elected – we had two employees who answered to us and for whom we provided annual performance evaluations: the city manager and city attorney. I had never done one previously for a public employee, but I learned real quick in my first year how it’s done. The council members with greater tenure showed this new member, what to do, including meeting with the two top city employees to provide the necessary guidance and goals, then typing up the evaluations. Only a council member could do that because due to proper personnel procedure, no other city employee could do it so they wouldn’t see what the council included in those written evaluations. Why can’t the school board do the same for their one employee? Why can’t at least three of them agree on the goals to give to the superintendent each year? Is it really that difficult? Of course not.

While Lewis made an effort, last year, by having the board bring in a paid outside consultant to help them develop the list of goals to give to Anello, they never completed that task. Yet, as was pointed out during last Wednesday’s meeting by NAACP East County Branch Vice President Dr. Kimberly Payton, the board has continued to give annual pay raises to the superintendent. On what basis can they claim she’s earned them?

Even without providing her an evaluation, Hernandez and Lathan attempted to terminate Anello’s contract in May which failed on a 2-3 vote, as it should have. Plus, Hernandez has continued to place on Closed Session meeting agendas Anello’s performance evaluation, even while she’s been on paid leave, knowing she wouldn’t be in attendance and before providing her the board’s goals by which to measure her performance. So, it was all for show knowing nothing could be accomplished.

All this while the majority of students in the district are underachieving in math, reading and science especially Black and Hispanic students, which is where the Board’s focus should be. That’s what’s most disappointing – all the game playing, political posturing, trying to please certain people instead of one, doing their job to properly oversee their only employee, and two, working to improve the education of our district’s students. Talk is cheap and all of it has added up to little to no progress. Yet, Hernandez, Lathan and others want to blame Anello. She’s not at the top. They are, and as the old Romanian saying goes, the fish rots from the head down.

So, this November, hopefully, we can begin cutting out that rot. Lewis isn’t running for reelection, and rumors are Hernandez, who represents Area 1, is going to run for City Clerk – now that Householder, the incumbent, has fallen out of favor with his and her former political ally, the mayor, after she publicly exposed, opposed and distanced herself from him following the settlement of the sexual harassment lawsuit against him in 2022 (and who I believe has matured, grown into and proven herself in her current elected position since then, and I’d be willing to support her for re-election). So, there will be one or two new board members elected in those trustee areas.

Frankly, Hack shouldn’t run again as he failed during his presidency to do what was necessary to properly oversee the board’s one employee, failed worse this past week when he let Hernandez off the hook and the worst due to the abysmal test scores of the district’s students. If you’re too tired to fight the necessary battles and do what’s right with the authority and responsibility given to you, it’s time to move on.

So, perhaps we will be able to elect three new board members who can demonstrate the ability to properly manage their one employee and actually put the students and their education first.

One more thing on who we elect to local office: let’s make sure they can demonstrate the necessary maturity, not still be in school getting their education, have the time to devote to the position, not use it for political grandstanding purposes nor trying to implement a hidden political agenda, and are willing to take on the role of boss to one employee – give her goals and then evaluate her performance based on them, and most importantly make improving the education of our district’s students their true top priority.

The bottom line is we all oppose bullying among students, so it shouldn’t be occurring or allowed among the adults, especially those in leadership in the Antioch Unified School District. Everyone needs to be mature, respectful and good examples to the students in how they behave, follow the rules and treat others. Perhaps placing signs like the one above throughout the district including in the Board Room might help as a reminder.

Opinion: Antioch’s Path to Prosperity – Embracing hydroelectric power from the Delta

Friday, June 28th, 2024

By Brandon Lawson

As Antioch searches for ways to rejuvenate its economy and community, it’s crucial to remember our rich heritage of leveraging local resources for growth and prosperity. Historically, from the coal mines to the steel mills, our city thrived by tapping into what was readily available. Today, we face a similar opportunity, not by following the trend of tech industry acquisitions, but by returning to our roots and using our natural assets—specifically, the abundant water of the Delta.

Creating hydroelectric power plants along the Delta can be Antioch’s modern-day coal mine. This initiative will not only provide sustainable energy but also generate a surge in job opportunities, echoing the industrial boom of our past. It’s a chance to align with global movements toward renewable resources while addressing local employment and energy needs.

Such a project would do more than just power our homes; it could stimulate local businesses, attract investments, and provide the city with a stable economic foundation. Furthermore, hydroelectric power is clean, reducing our environmental footprint and offering our community a leadership role in the sustainable practices that are increasingly valued worldwide.

We must also consider the broader implications of this shift. By focusing on sustainable energy, Antioch can set an example for cities across the nation that economic growth and environmental responsibility can go hand in hand. This is not just about energy; it’s about cultivating a resilient community ready to face the challenges of the future with innovative solutions derived from our historical identity.

As we ponder Antioch’s path forward, let’s choose to harness the natural strength of the Delta. This approach not only respects our past but also paves the way for a future where Antioch stands as a beacon of sustainable innovation and economic independence.

Lawson is an educator and sci-fi author from Antioch who writes under the pen name Will Scifi.

Letter: Sister, friend want justice for Angela Fierro who died in 2023 Antioch car accident

Saturday, June 22nd, 2024
Angela Priscilla Fierro died in a fatal collision in Antioch on July 6, 2023. Herald file photos.

While passenger in car driven recklessly by ex-boyfriend she had a restraining order against

Antioch PD investigating, submitting to DA for review

Dear Antioch Herald,

I am writing to you with a heavy heart and a plea for justice. Angela Fierro, a 20-year-old resident of Antioch, tragically lost her life in a car accident on July 6, 2023. This was no ordinary accident; it was a preventable tragedy that has left a family grieving and a community in shock.

Angela was not just a statistic; she was a daughter, a friend, and a mother to a one-year-old child. Her life was cut short due to the reckless actions of another—a person who should have never been behind the wheel. Angela had a restraining order against her ex-boyfriend, who, despite this legal barrier, forced his way into her vehicle and drove it recklessly until it crashed.

The details of the incident are harrowing. Angela was fighting for her life, without a seatbelt, as she struggled against the man who had no right to be there. Her friend, a passenger in the car, sustained severe injuries, and the driver of the other vehicle involved also suffered from the collision¹. Yet, the man responsible for this chaos walked away without immediate consequences.

We turn to you, Antioch Herald, to help us amplify our call for justice. Angela’s story deserves to be heard, and her family’s plea for accountability must not go unanswered. We urge you to cover this story, to shed light on the circumstances that led to Angela’s untimely death, and to join us in our quest for justice.

Amidst their profound grief over Angela’s untimely departure, her family was also grappling with the emotional and financial strain of arranging her funeral. As time marches on, the Antioch Police Department remains inactive, failing to apprehend the person responsible for the accident that claimed Angela’s life. Despite the existence of a restraining order against him, and the police’s acknowledgment of his culpability in forcibly entering Angela’s vehicle—endangering her and her friend—he remains unapprehended. The delay in justice only compounds the family’s anguish and the community’s unrest.

By bringing Angela’s story into the public eye, we aim to catalyze action from the Antioch Police Department and draw attention to the lack of response and professionalism that has been displayed thus far.

In memory of Angela, we ask for your support. Please help us ensure that her passing is not in vain and that such a tragedy does not occur to another innocent life.

Thank you for your time and consideration.

Sincerely,

Bryan Cendejas-Bravo (a friend of Marisela Madrigal, Angela’s sister).

——————-

Editor’s Note: The letter was shared with Interim Antioch Police Chief Brian Addington who was asked to provide whatever details he could about the case and any investigation into the incident.

He said, “it’s still an active case and we will be submitting it to the DA for their review.”

But he couldn’t comment further on it. Mr. Cendejas-Bravo was provided that information.

(See related articles here and here)

Opinion: Writer wants stricter conditions for government bailouts after corporate stock buybacks

Saturday, May 18th, 2024

By Neil Sterud

In times of financial distress, corporations often turn to the U.S. government for assistance, as seen with airlines during the COVID-19 pandemic and financial institutions in the 2008 Great Recession. However, the government must implement stricter conditions for firms seeking bailouts, particularly those engaged in stock buybacks before their financial downturn.

Stock buybacks, a practice where firms repurchase their own shares, have garnered controversy. While it artificially inflates share prices, it often neglects vital investments in the company’s growth and resilience. Executives’ tendency to sell their shares post-buyback suggests the share price is overvalued, raising ethical concerns, especially when buybacks are financed through debt, heightening bankruptcy risks.

The historical prohibition of buybacks until 1982 underscores their dubious nature as stock manipulation tactics driven by executives’ self-interest. Instead of bolstering shareholder returns through buybacks, firms should prioritize investments that fortify their market resilience, such as capital expenditure. Government bailouts effectively subsidize shareholder returns at taxpayers’ expense, highlighting the need for a paradigm shift in corporate behavior. Many argue stock buybacks should be illegal altogether.

Executives’ vested interests in buybacks, often tied to their compensation, don’t necessarily translate to enhanced business performance. This bipartisan concern resonates with workers and policymakers alike, who advocate for redirecting working capital toward workforce training and sustainable reinvestment.

While federal tax breaks aim to spur economic growth, the misuse of tax savings for buybacks undermines this objective. Therefore, stricter conditions should accompany government bailouts, emphasizing long-term resilience over short-term gains.

In contemplating bailouts, leniency could be extended to firms severely impacted by mandated government shutdowns. Nonetheless, the overarching principle remains: corporations must prioritize resilience against unforeseen crises rather than fleeting market performance.

Sterud is an Antioch resident.

Opinion: It’s time to take a hard look at public libraries

Monday, April 15th, 2024

By Marc Joffe

Like mom and apple pie, the public library seems so intrinsically good that it should be beyond criticism. But like any institution that consumes millions of tax dollars, public libraries should not be free from scrutiny. And the facts are that neighborhood libraries have largely outlived their usefulness and no longer provide value for the public money spent on them.

In this fiscal year, Contra Costa, Alameda, San Mateo and Santa Clara counties are collectively spending $270 million to operate their library systems, with some cities chipping in extra to finance extended operating hours. Contra Costa County is spending $20 million of state and county funds to build a new library in Bay Point, and El Cerrito voters may see a sales tax measure on the November ballot, part of which will go to building a new library as part of a transit-oriented development near a BART station.

The public library’s historical functions of lending physical books and enabling patrons to view reference materials are being made obsolete by digital technology. An increasing proportion of adults are consuming e-books and audiobooks in addition to or instead of printed books, with younger adults more likely to use these alternative formats.

In response, libraries have tried to reposition themselves as “third places:” alternatives to homes and offices where people can relax, learn, and socialize. But the private sector offers numerous third places of its own, with coffee houses being the most common.

In Walnut Creek, the public library has responded by adding its own coffee shop, but just a few minutes away, residents and visitors can relax and enjoy free wi-fi at the Capital One Café at no cost to taxpayers and without being required to buy a cup of joe.

While no third place used by the public can be guaranteed to be safe and clean, private operators have a stronger incentive to provide an attractive environment because they otherwise risk going out of business.

They also face fewer legal restraints in enforcing public decorum. A 1991 federal court decision prohibited a New Jersey public library from “barring patrons who are not reading, studying or using library materials, who harass or annoy others through noisy activities or by staring, or whose ‘bodily hygiene is so offensive’ that it is a nuisance to others.”

As the Antioch Herald reported in February, the Antioch library had to be temporarily closed after multiple incidents “including a couple having sex openly in the bathroom, a wanted criminal using a library computer who was later removed by Antioch police, a racist letter left on the service desk and intoxicated library patrons acting aggressively.” The Contra Costa Public Library, which operates the Antioch facility reopened it four days later after negotiating an emergency contract for private armed security and arranging for a patrol car to monitor the exterior.

Library advocates argue that their public terminals offer essential internet access to those in need. But some patrons use free internet access at the local library to view pornographic content, sometimes to the distress of other terminal users including children. And low-income individuals are eligible for the Federal Communications Commission’s Lifeline program which provides a free smartphone with internet access.

Like local post offices, neighborhood libraries once served an important community function but are now becoming increasingly irrelevant. And, as with post offices, libraries continue to receive funding because they enjoy support from a relatively small but vocal segment of the population, while the rest of us are usually too reluctant to question their utility.

Marc Joffe is a federalism and state policy analyst at the Cato Institute.