Thousands of Farmworkers Will Get Pay Raises Thanks to a Lawsuit

By Melissa Montalvo, CalMatters

Tens of thousands of California’s guest farmworkers and U.S. farmworkers will see pay increases in 2022, which advocates say comes thanks to their lawsuit to stop a Trump-era wage freeze.

The wage increase is based on the USDA’s annual survey findings on farm labor, released on Nov. 24. The survey and its findings are used to determine the rate of pay for temporary, seasonal agricultural workers employed through the H-2A program.

The wage increase was in jeopardy because of a wage freeze proposed under former President Donald Trump that aimed to help farmers, many of whom lost profit and laid fallow their land due to the impact of the shutdowns in early 2020. Farmworker advocates sued the Department of Agriculture over the proposed wage freeze and secured an injunction to stop the ruling.

“We are pleased that the federal court overturned the Trump Administration’s regulation that would have frozen wages for U.S. and foreign farmworkers at employers that use the H-2A agricultural guestworker program,” said Bruce Goldstein, president of the Washington D.C.-based Farmworker Justice, in an email statement to The Fresno Bee.

Advocates credit lawsuit for wage increase

Starting in April 2020, the Trump administration announced that it was considering reduced wages for guest farmworkers as a way to help farmers who saw their business disrupted during the pandemic shutdown.

Then, in November 2020, the Trump administration formally announced a wage freeze for guest farmworkers, which was celebrated by top agricultural officials.

The ruling would have locked in the 2019 minimum wage employers must pay foreign agricultural workers with H-2A visas and was estimated to save farmers and growers an estimated $1.6 billion in labor costs over 10 years.

Earlier this month, Fresno County announced that 2020 was a record year for total gross production of the value of its plants and livestock, at more than $7.98 billion.

Advocates said that the wage freeze was unfair since farmworkers, who were officially declared essential workers during the pandemic, were putting their lives on the line to work. Growers say the wage freeze was essential to keep farms operating and grocery stores stalked as the pandemic shutdowns disrupted the food supply chain.

In response to the proposed wage freeze, Farmworker Justice and its co-counsel, on behalf of the United Farm Workers union and the UFW Foundation, won an injunction late December last year to stop the Trump wage freeze regulation arguing that farmworkers already live on low incomes. The group has been critical of the H-2A program, saying that the program fails both U.S. and foreign workers.

In a related case, the UFW and the UFW Foundation also sued the Department of Agriculture last fall to reverse a Sept. 30 order from the USDA to halt the government’s collection of farm labor worker data that helps determine wages and eligibility for family assistance programs. The union argued that wages for guest workers would decline sharply without the survey collection because the Department of Labor would not have data to establish new wage rates other than state minimum wages.

How much pay increase will California’s guest workers receive?

The exact number of farmworkers who will see wage increases is estimated in the tens of thousands. However, the adverse effect wage rate applies to both H-2A workers and U.S. workers at employers that use the H-2A program, said Goldstein.

In California, there are over 30,000 certified H-2A positions, according to data from the Department of Labor, which accounts for over 10.2% of all total certified H-2A positions countrywide.

“Because H-2A program employers often offer the minimum required wage, we expect that tens of thousands of farmworkers employed in California in 2022 will benefit from this wage adjustment,” said Goldstein.

The USDA farm labor survey includes the average wages for crop and livestock workers surveyed in that region in the prior year, also known as the Adverse Effect Wage Rate, or AEWR. According to Farmworker Justice, the H-2A minimum wage rates for 2022 will increase, on average nationally, by about 6%, from the 2021 rates.

Employers that hire H-2A workers must pay a state-specific minimum wage, which may not be lower than AEWR. In California, the pay rate for H-2A workers was $14.77 in 2020 and $16.05 in 2021. In 2022, the state’s H-2A workers will see a $2.74 hourly jump from the 2020 rate for an hourly pay of $17.51.

Melissa Montalvo is a reporter with The Fresno Bee and a Report for America corps member. This article is part of  California Divide, a collaboration among newsrooms examining income inequity and economic survival in California.

Iconic Jury Room Bartender ‘Marv’ Easterby Serves Farewell Drink

Marvin “Marv” Easterby is a bartender’s bartender.

Known for his collared shirts, stylish cuffs, curled mustache and soft-spoken but take-no-shit attitude, Easterby, or Marv to his friends and regulars, “is the quintessential, strong, handsome, silver-tongued, no bullshit bartender,” says Molly McVeigh. She’s tended downtown Santa Cruz’s Rush Inn since 2009 and has known Easterby for 16 years.

“There are so many of us who look up to him and admire him,” she says of the bar community. “I was surprised at how sad I was when I found out this was actually going to happen. I feel like this is such a huge loss for our community.”

After 45 years of serving behind the sticks at The Jury Room, Easterby, 77, will be leaving his post.

He and his wife, Claudia, are moving because their landlord is selling the property—an all too common story in today’s Santa Cruz. They recently bought a double-wide trailer closer to Easterby’s daughter and two grandchildren. As he puts it with his famous, devilish grin, “It took me nearly goddamn 80 years, but I’m finally turning into trailer trash.”

But before he goes, local barkeeps and patrons give Easterby a proper send-off. 

On Sunday, friends, coworkers and regulars bar hopped between the Jury Room, Brady’s Yacht Club—both establishments he was working at—and the Rush Inn, where he occasionally guest tended and worked holiday parties so their staff could enjoy the night off. Easterby and Claudia traveled in style in a rented limo on behalf of Jury Room and Brady’s owner, Karen Madura, and Rush Inn owner, Laura Nadel.

His final day at Brady’s was Monday, and his last shift at The Jury Room will be Thursday, Dec. 9, from 3-8pm. Everyone is invited to celebrate the man, the myth, the Marv in one final hurrah with music provided by local act Rabbit Truck.

“He’s just a legend,” says Madura. “He’s a huge part of this community and the communities before.” 

Born in Andover, South Dakota, Easterby was the youngest of seven. His first job behind the bar was in 1963, when he was 19, in a small town called Pierpont which, in 2010, boasted a whopping population of 135. 

“You could drink beer at 18 and then hard liquor at 21,” he remembers. “When I interviewed, I told them I was going to be 22; I just didn’t tell them how long it would take me.”

After he was subsequently fired for being underage, he followed a sister to Washington state, where he found a job as a fry cook and eventually managed a bar and restaurant.

He arrived in Santa Cruz in April 1976 and soon bought The Jury Room for $75,000. Over the next several decades, he would fine-tune his skills, rubbing elbows with locals and authorities. 

“When I bought [The Jury Room], it was a total cop bar,” he remembers. “If I had 40 customers at once, I bet you 25 of them would’ve been off-duty law enforcement.”

It seems he was always a favorite around town, earning the nickname “Judge Roy Beans,” given to him by a Jury Room regular, who also printed up business cards with the nickname and a caricature of Easterby on them. It’s the same caricature the bar still uses today on pins and other merchandise. During the holidays, local police acted as designated drivers for Easterby and gave him rides to and from their precinct parties, for which he helped supply the booze. 

Easterby owned and operated The Jury Room for 23 years, until 1999, when a health scare made him relinquish some responsibilities. Still, he continued tending at the local institution and joined the Brady’s team in 2011 after Madura purchased it.

She remembers first meeting Easterby in the early 2000s as a college student.

“The first thing I did when I bought The Jury Room was apologize,” Madura laughs. 

She says Easterby always treated her with the utmost respect and helped guide the bar but never patronized her.

“He never made me feel like I didn’t know what I was doing,” she says. “He always has a perspective on things that I welcome.”

It’s a quality that only comes with experience, something local tenders say is often absent in many of today’s barkeeps.

“I’m going to miss the professionalism he brings to the craft,” says Jury Room tender Tim Hall, who has worked with Easterby for the past 17 years. “It’s a craft he owns.”

In 2013 GT readers voted Easterby the Best Bartender in Santa Cruz, a title he still cherishes proudly with a picture on his phone.

When asked if there will be another like Easterby, Hall firmly shakes his head.

“There’s been too much time change, generation change and attitude change,” he says.

Brian Rucker of the Rush Inn has been pouring for 19 years and was originally trained by Easterby at the Jury Room. He uses Easterby’s own words to describe his mentor and friend.

“Marv’s said to me many times, ‘Anyone can sling drinks, but not everyone can be a bartender,’” he says. “He’s Santa Cruz’s Kris Kristofferson or Sam Elliott. A class act with the old school mentality. It’s a lost art.”

He takes a drag of his cigarette before sighing. 

“We’re losing a lot of wisdom, a lot of class and a lot of good jokes.”

Does Watsonville Community Hospital Have a Buyer?

WATSONVILLE—Just hours after a group of roughly 150 nurses amassed in front of Watsonville Community Hospital to drum up public support and stop its closure, they received a welcome bit of news.

The Pajaro Valley Health Care District Project has reached a preliminary agreement to purchase the hospital, WCH CEO Steven Salyer announced in a press release sent Friday.

The news came about a week after Salyer announced it was facing closure without a buyer. 

In a letter to employees, he cited financial trouble stemming from years of declining revenues compounded by the Covid-19 pandemic.

Without the agreement, Salyer said the hospital would have had to begin canceling services and transferring patients by Monday,  and possibly close by Jan. 28.

The noon rally garnered support from hundreds of people driving by.

“The nurses are here to stand for our community, to push to keep this hospital open,” said Registered Nurse Roseann Farris. “And we will do whatever we can to do that.”

But in the press release, Salyer stated that the hospital has received enough funding to operate through the end of March 2022.

“We are excited to have reached a preliminary agreement with the PVHDP for the acquisition of the hospital’s operations and to have funding to continue the life-saving work of providing care to our community,” Salyer said.

Farris said that union officials are reaching out to local and state elected officials for their help.

Some 650 employees who were given notice about possible layoffs have now been spared, at least temporarily. 

The loss of one of the county’s biggest employers, Farris said, would be devastating for both the employees and the community.

“But bigger than that is to think about what it would mean for healthcare in our community,” she said. “What would that mean for South County, what would that mean for North County and beyond?”

Nurses also say that the loss of  South County’s only emergency room would throw into upheaval the county’s ability to deal with medical emergencies.

Emergency room nurse Quiche Rubalcava says that WCH ER sees from 75-90 patients every day.

“The impact would be catastrophic for the County of Santa Cruz, and close to catastrophic for the neighboring counties that would have to take the volume of patients coming in for heart attacks, strokes, complicated births,” he said. “There aren’t enough resources in those counties to support the increased volume of patients with critical healthcare needs.”

In a prepared statement, Salyer says the hospital will continue focusing on “exceptional quality patient care.”

“Watsonville Community Hospital’s focus today – as it is every day – is on providing to our community and other staff who continue to serve our patients with the utmost compassion and kindness,” he said. 

The PVHCDP is a nonprofit created by the County of Santa Cruz, the city of Watsonville, the Community Health Trust of Pajaro Valley and Salud Para La Gente.

Hospital officials say the sale will likely be completed through a Chapter 11 bankruptcy reorganization.

As part of that process, the hospital plans to file a motion in February asking the court to approve PVHCDP as the lead buyer, and approve the sale through a court-supervised auction.

PVHCDP President and CEO Mimi Hall said the tentative agreement gives the organization time to seek legislative and financial support.

“While we still have work to do before a final agreement, this step averted imminent closure of Watsonville Community Hospital and provides a realistic path toward a stable, sustainable hospital that supports the health and welfare of the people of Pajaro Valley,” Hall said.

Hall cautioned that the preliminary agreement is only for PVHCDP to be the primary—or “stalking horse”—bidder as the sale moves forward. 

It is too early, therefore, to talk about the sale price for such a complex transaction, which will be further complicated by the bankruptcy proceedings, Hall said. 

In addition, the PVHCDP still has to officially establish itself through the state legislative process, Hall said.

“Thank goodness we got to this place where the hospital can stay open,” she said. “I feel like we pulled off a small miracle.”

Capitola Extends Outdoor Dining Program

The outdoor dining parklets that line the streets of downtown Capitola are here to stay. 

The Capitola City Council voted to extend its temporary outdoor dining program until the end of May 2022. It passed a draft ordinance for establishing a permanent program at its special council meeting this week.  

The Capitola City Council has been going back and forth about extending its temporary outdoor dining program past January of the New Year. The program was created in June of 2020 in response to Covid-19 and allowed restaurants to offer customers outdoor dining on the sidewalk and in parking spaces. 

Although most restaurant owners expressed their support for the outdoor dining program, saying it helped them stay afloat during the pandemic, residents have complained that the program has made streets noisier and littered sidewalks with trash.  

“I liked Capitola before,” said Randy Doucha, who called in to the special meeting. “I like it to be quiet at night; it’s going to increase the noise level. I’d like this to be a temporary solution and return to what Capitola was before.” 

But other people wrote and called in to express their support for the temporary and permanent outdoor dining, saying Covid-19 was here for the long hall and that the outdoor dining options are crucial for businesses and customers. 

“What we have now is really working,” said another caller, Elizabeth Smith. “The dining areas are bringing vitality to the city and the chance to recover for our businesses. And people are going to continue to prefer to dine outdoors when possible.” 

The approved draft for the permanent outdoor dining program will use a lottery system to award businesses parking spaces for parklets. There are a total of 25 parking spaces up for grabs, and the permits to create an outdoor dining parklet will be free. Restaurants will need their parklets to either follow a prototype design or have their custom design approved by the City’s Planning Commission. Whether businesses must follow a prototype design or can create their own will also be determined by a lottery system. 

The ordinance still needs to be certified by the Coastal Commission, and businesses can expect to apply for permits around April. The outdoor dining program will have a trial period of three years before the city council will re-evaluate it.

November Jobs Report Sends Mixed Signals About U.S. Economy

By Nelson D. Schwartz and Talmon Joseph Smith, The New York Times

American employers reported weaker-than-expected hiring last month. But a survey of American workers showed a surge in the number taking jobs.

Those conflicting pictures emerged from a single government report Friday, further clouding the economic outlook as a new phase of the coronavirus pandemic unfolds.

The ambiguous Labor Department data muddles the calculations of Federal Reserve policymakers weighing whether to shift their focus from creating jobs to reining in prices. It is a complication for a White House trying to show the success of its economic course. And it offers little guidance to businesses about what to expect in the months ahead.

To be sure, recent economic readings were already a muddle. Consumer confidence readings have been at a low ebb, even as Americans continue on a spending spree. Inflation has hit levels unseen in decades, but investors seem unperturbed.

Part of the puzzle Friday arose because the Labor Department report is based on two surveys: one polling households and the other recording hiring among employers.

The survey of employers showed the addition of just 210,000 jobs in November on a seasonally adjusted basis, the year’s weakest showing. Economists had forecast a second straight gain of more than 500,000.

But good news abounded in the household survey, which showed that the total number employed, seasonally adjusted, jumped by more than 1.1 million. The unemployment rate fell to 4.2% from 4.6%.

“I don’t know that I’ve ever seen such an extraordinary gap between the two surveys,” said Diane Swonk, chief economist for the accounting firm of Grant Thornton in Chicago.

The overall participation rate, which measures the proportion of Americans who either have jobs or are looking for one, rose by 0.2 percentage point to 61.8%, its healthiest level since the pandemic hit. The rate for prime-age workers, 25 to 54 years old, also edged up.

There was a big increase in participation last month among Hispanic men and women, who were among the hardest hit by the pandemic.

Still, the lackluster hiring number was a reminder of the on-again, off-again pattern in the labor market since the pandemic began nearly two years ago. This month, job gains in businesses where face-to-face contact is required — like stores, restaurants, bars and hotels — were especially soft.

Retail employment dropped by 20,000 last month on a seasonally adjusted basis, while hiring in leisure and hospitality industries rose by 23,000, compared to a gain of 170,000 in October. The white-collar sector, which has largely shrugged off the worst effects of the pandemic, remained a source of strength, with a 90,000 jump in employment in professional and business services.

Hiring at factories jumped by 31,000, while transportation and warehousing gained nearly 50,000 workers, an indication of how online commerce is picking up speed before the holidays.

Despite a fairly tight labor market, the economy is still roughly 4 million jobs short of pre-pandemic levels. About one-third of those positions are in the leisure and hospitality sector, which is vulnerable if the omicron variant of the coronavirus — which came to public attention after the November job surveys were conducted — turns out to be as much of a threat as the delta strain.

“That’s the risk, but it probably won’t show up before Christmas,” said Scott Anderson, chief economist at Bank of the West in San Francisco. “It could be an issue in the new year. We’re still dealing with the COVID pandemic, and the risks are there for the economy and hiring.”

Many labor market analysts argue that there is much room from employment growth because so many people have yet to return to the labor force and because businesses overall are in a sturdy financial position with the capacity to expand both supply and their payrolls.

“To me, the most important question in the economy going forward is: Will companies improve jobs enough to entice people back into employment and to face those higher risks?” said Aaron Sojourner, a professor at the University of Minnesota and a former economist at the Council of Economic Advisers for the previous two administrations. “The big wild card is the virus and our public health efforts, and second is the Fed and how they adjust.”

Throughout the fall, the economy’s path has been characterized by clashing signals.

The “quits rate” — a measurement of workers leaving jobs as a share of overall employment — has been at or near record highs, which suggests that workers are confident they can navigate the labor market to find something better. But the University of Michigan’s survey of consumer sentiment dropped to levels not seen since the sluggish recovery from the recession of 2007-09.

The report noted “the growing belief among consumers that no effective policies have yet been developed to reduce the damage from surging inflation.” Shoppers are facing the steepest inflation in 31 years. In October, prices increased 6.2% from a year earlier.

Nonetheless, markets remain relatively calm. The major stock indexes are up by impressive levels this year. And bond yields, which tend to move higher in inflationary environments, remain near record lows, indicating that investors do not see inflation as a longer-term threat to the economy or financial stability.

In recent days, Federal Reserve Chair Jerome Powell has faced pressure from different political camps to focus more tightly on price increases.

Critics of the Fed say the central bank’s “accommodative” bond-buying policies — which have kept borrowing costs low and led to a large and continued increase in the money supply — went on too long and were irresponsible in light of an already aggressive emergency response from Congress.

Fed officials, including Powell, still maintain that the price increases mainly reflect pandemic aberrations that will dissipate. But in congressional testimony Tuesday, Powell signaled a pivot from revitalizing the economy to keeping a lid on prices.

“The economy is very strong, and inflationary pressures are high,” he said. “It is therefore appropriate in my view to consider wrapping up the taper of our asset purchases.”

Economists are divided over the potential effect of a winter coronavirus surge. Some say it could cool off the economy, easing inflation because it could inhibit in-person activities. Others say a new wave could raise prices further by complicating the logistics of supply chains.

John Williams, president of the Federal Reserve Bank of New York, told The New York Times on Wednesday that the new variant could “mean a somewhat slower rebound overall” yet “increase those inflationary pressures, in those areas that are in high demand.”

For consumers, one potentially positive effect of renewed virus fears is the recent pullback in energy prices, which have risen substantially this year. The spikes have been particularly intense for fuel oil — which is used for industrial and domestic heating — and for crude oil, which directly translates to gasoline prices at the pump.

One cure for increasing prices is for consumers’ take-home pay to keep up with them. And with many businesses eager to attract workers, wages for nonsupervisory workers continued their upward climb. Average hourly earnings were up 8 cents in November, to $31.03, and are 4.8% higher than a year ago — though that rate is exceeded by the most recent inflation readings.

This article originally appeared in The New York Times.

Convicted Rapist’s Move to Bonny Doon on Hold

A judge’s decision to postpone the move-in of a man designated as a “sexually violent predator” is a denial of the man’s rights, according to his lawyer.

Santa Cruz County Superior Court Judge Syda Cogliati extended a temporary stay of her decision to allow convicted rapist Michael Cheek to move into a Wild Iris Lane address, while the District Attorney’s office appeals.

“We are disappointed that the judge extended the stay,” said Stephen Prekoski, Cheek’s public defender. “It compounds Mr. Cheek’s legal issues, which largely hinge on the delay in his release that has already occurred.”

At a Nov. 15 hearing, Cogliati ruled that Cheek could move into the Wild Iris Lane home, provided Liberty Healthcare, a state mental health contractor, put in security features like an automatic generator, floodlights and a GPS signal booster to improve monitoring of the patient.

She also noted current case law directs judges to ensure timely placement after a patient has been cleared for release, as is the case with Cheek.

It was a theme echoed by Prekoski in a statement provided to the Press Banner, in which he said he doesn’t believe the DA has much of a chance of prevailing on appeal.

“We also believe that any delay continues to constitute a significant due process violation and denial of Mr. Cheek’s fundamental rights,” he said.

It’s unclear when the Court of Appeal, Sixth Appellate District, might take up the case.

Mike Geluardi, the Bonny Doon Union Elementary School District board president, was in the courtroom on Nov. 29, when Cogliati extended the stay, alongside about 10 other community members.

“The tone felt quite different than the last bunch of hearings, in that the judge did not want to hear from Liberty,” he said. “She said they don’t have standing in this question.”

Geluardi says he’s pleased Cheek’s move-in is no longer imminent. But he’s also realistic about the bigger picture.

“I’m very happy about it, but my enthusiasm is greatly tempered by the reality that the placement has been approved,” he said. “Unless the appeals court reverses that, then Michael Cheek will move in here—and that is extremely upsetting.”

Assistant District Attorney Alex Byers told the Press Banner that Cheek’s planned move to Bonny Doon doesn’t make sense.

“We continue to believe that the placement compromises public safety and is unsuitable as it is too remote and too close to at-risk children,” he said. “We continue to believe that it is inappropriate to place Michael Cheek in Bonny Doon and are confident that the Court of Appeal will vindicate our position.”

Further, Byers says, the proposed placement is too close to a school in violation of the law.

Prosecutors say they will ask the appeals court to issue its own stay.

The next Santa Cruz County court date is scheduled for Jan. 10.

South County Projects Included in Regional Transportation Commission Plans

SANTA CRUZ COUNTY—The Santa Cruz County Regional Transportation Commission (RTC) Board of Directors on Thursday approved a spending plan for $11.2 million in state and federal funding, which will be allocated over a wide range of transportation-related projects countywide.

The funding includes $4.5 million from the State Transportation Improvement Program, $3.7 million from the Surface Transportation Block Grant Program, $2.6 million from the Coronavirus Response and Relief Supplemental Appropriations Act and $500,000 from the Highway Infrastructure Program.

The funds can be used for transportation projects such as highways and roads, in addition to rail, bicycle and pedestrian uses.

Among the projects approved is $825,000 for resurfacing three miles of San Andreas Road from Manresa State Beach to Sunset Beach Road, and resurfacing 1.4 miles of Holohan Road from Green Valley Road to Highway 152. The commission also allocated $1.2 million for Watsonville’s Complete Streets Downtown project, which includes pedestrian and bicycle improvements along Rodriguez, Brennan and Union streets.

In Capitola, $492,000 is allocated to improvements on three intersections on 41st Avenue, and $1 million will be used to replace Metro busses with more environmentally friendly ones.

RTC Senior Transportation Planner Rachel Moriconi said that staff chose the projects after soliciting requests from the public earlier this year, which garnered 19 applications totaling $26 million, more than twice what was available. In the end, she said that most received partial funding.

“It’s always nice to have money, but it’s never enough money,” Moriconi said. 

While the commissioners signaled their support for the original staff recommended funding, a small 7-5 majority supported an amendment by Commissioner Manu Koenig to shift $2 million to county projects, a sum that must now come from other projects.

Since that money cannot come from city-funded projects, it will have to come from such sources as Ecology Action, Lift Line, Santa Cruz METRO and the SLV Schools Complex Circulation and Access Study, all of which requested and received funding, according to RTC spokeswoman Shannon Munz.

It could also be diverted from a project that would provide auxiliary lanes on Highway 1 between Freedom Boulevard and State Park Drive, construct a bus-on-shoulder facility, construct sound walls and retaining walls and build a 1.25-mile segment of the coastal rail trail.

RTC staff is now tasked with determining from where the $2 million will be diverted.

Commissioner Bruce McPherson, like many board members, said that focusing on fixing the roads will in turn bolster other types of transportation.

“These are tough choices to make, but I think that our roads need it more than ever,” McPherson said.

Koenig agreed, calling fixing the county’s aging roadways the “most universal” investment the county can make. He also called for improving pedestrian infrastructure, which he said has been “consistently underfunded.”

For a complete list of projects, visit bit.ly/3xPZFoY.

Watsonville Author’s Debut, ‘Gordo,’ Scores Critical Acclaim

By Cathy Kelly

WATSONVILLE—Local author Jaime Cortez always had nicknames, and now one of them has become his first book. “Gordo,” a paperback collection of stories, is quickly gathering praise after its release by a national publisher in August.

And while “Gordo” is Cortez’s first widely distributed work, the 56-year-old has a significant history of illustrating and writing to illuminate causes such as sexuality, social justice and Chicano identity. 

The semi-autobiographical stories of “Gordo” stem from Cortez’s early life in a San Juan Bautista migrant field worker camp and then in Watsonville. They are humorous, humble and heartbreaking, and they have garnered glowing reviews from NPRThe New York Times and others.

Booksellers say it is “flying off the shelves,” including at Kelly’s Books in Watsonville and at Bookshop Santa Cruz. Cortez says the book has already made its way onto several college reading lists, and that Grove Atlantic Press quickly ordered a second printing of the bright yellowish-gold paperback.

Cortez, who works for the Hewlett Foundation of Menlo Park, said the book’s reception surprised and delighted him. It also sent him traveling around to more than 30 new-book events in three months. The most recent was at the prestigious Phillips Exeter Academy in New Hampshire, and the next is an online Bookshop Santa Cruz event at 6pm on Dec. 9.

“I’m very thrilled with the positive response to the book,” he said, during a recent interview in Watsonville. “It’s just a lot to keep up with. I feel very blessed and very tired.”

Cortez was calm, soft-spoken and humble during the interview, though clearly pressed by his hectic schedule. An experienced and accomplished artist, he smoothly brings readers into the tight circle of his family and neighbors. Survivors, one wants to call them. Strong.

And like Gordo, their nicknames were not kind or subtle. One teen artist was called “Fat Cookie,” and a man who became a locally legendary hairstylist was termed “Raymundo the Fag.”

The tragicomedy is mindboggling, from the transgender next-door neighbor, Alex, who abuses his pretty young girlfriend from El Salvador to Fat Cookie, whose anger propels her art and her teenage flight from the camp, with her mother’s 22-year-old, Camaro-driving “creepy” boyfriend.

In one early story, set at the camp, Gordo and Fat Cookie argue about life. He is about 10, and she points out her five-year advantage, plus her great height and legitimate immigration status. Fat Cookie says she soon will be able to drive and “get the hell out of here.”

Gordo often seems to be around older people and doesn’t understand the hard truths that come from their mouths. When Fat Cookie rages obscenities about her mom, Gordo protests, saying her mom gave her life, “the greatest gift in the solar system.” Fat Cookie scoffs, before telling him he is “the only idiot I know who talks about the solar system.”

Cortez earned a bachelor’s degree at the University of Pennsylvania and a master of fine arts at UC Berkeley, where he also collected the Eisner Award for highest achievement in the humanities. 

Cortez was in his 30s when he wrote down a few “Gordo” stories, he said, only wanting to share his childhood experiences somehow. 

“They mattered to me, regardless of the audience,” he said.

That childhood included a tough, tequila-adoring dad who was a nicknaming pro. The elder Cortez, in one scene, termed a field supervisor with a thick neck and funny manner, “Head and Shoulders.” As young Gordo looked on, his dad’s nickname was met with howls of laughter from others in the camp.

But Cortez said his father got and stayed sober, right after his son left for college and later worked for years at Martinelli’s. 

And responding to the common question, he said the stories with Gordo as the protagonist are about 80% true life. On the other hand, Cortez said the Raymundo the Fag story is a composite. It is a perfect-circle tale, in which Raymundo ends up forgivingly styling the hair of Mauricio ‘Shy Boy” Pardo, who had taken First Holy Communion with him, teased him in school with others in  “the rough crowd,” and then was fatally shot in the head.

Gordo’s many touching passages and characters make for stories that fall in several literary categories, as the young, chubby, gay boy discovers all that growing up entails. He seems held tightly in his family and community, in a community outside the mainstream while being a kid outside that marginalized community.

But, these days, Cortez is wondering about a second offer from a publisher and fielding a few overtures from TV and movie producers.

One suspects it wasn’t an easy journey, and readers are warned of the emotional weight right at the book’s start, with a dedication to his parents. (His mom is kind, strong and stable in the book). Cortez writes, “I dedicate this book to Felicitas and Felipe Cortez. You loved me, you told stories, and you gave me an extended master course in gallows humor. I ask for nothing more.”

The Catalyst Nightclub is Sued

Kulwa Apara says she was attacked by security guards while attending a Bone Thugs-N-Harmony concert at the Catalyst Nightclub two years ago. On Nov. 17, Apara filed a lawsuit, claiming long-lasting emotional and physical effects. She is seeking $2 million in damages, according to her legal representation, Edi Kristopher and Bryan Harrison, personal injury attorneys from Concord. She is also asking for financial compensation for medical expenses, lost wages, loss of earning capacity and emotional distress.

Apara says she was attending the concert on Dec. 21, 2019, to which she purchased a VIP ticket that gave her access to the balcony overlooking the stage. When she presented her ticket, a worker told her that a “VIP” stamp on her hand would be the only credential she would need.

Shortly after the music began, she says a male security guard shoved her from behind and said she needed a green wristband to be there, and told her to leave. Nobody else in the balcony had such a wristband, Apara says, so she refused to go; the security guard returned with a female colleague. According to Apara, when she refused to leave again, the male security guard put her in a headlock while the female colleague kicked her repeatedly. Two fellow concertgoers stepped in and broke up the melee. However, Apara says the situation with the security guards escalated outside of the venue.

She says that Santa Cruz Police Department officers tried to discourage her from filing a report and asked her if she was drunk. She also says the officers were seen high-fiving the security guards.

The Catalyst and Joel Nelson Productions, which promoted the concert that night, are named in the lawsuit. Neither responded to a request for comment, and neither had an attorney listed in court filings.

The Catalyst hires its own team of security guards, SCPD spokeswoman Joyce Blaschke says. Club owners have declined to comment about what training they undergo.

SCPD has said that their report lists Apara as a victim. At the time, Santa Cruz County District Attorney Jeff Rosell said that there was insufficient evidence to prosecute anyone.

SCPD launched an internal investigation after the incident, which is now under internal review by a deputy chief, Blaschke says. Any resolution, however, will be a personnel matter, she adds.

In the complaint, Kristopher says that the Catalyst security guards’ demeanor “constitutes outrageous conduct in that it exceeded all bounds of common decency usually tolerated by a civilized society.”

The complaint also notes that the security guards “acted with an improper and evil mode amounting to malice.”

Harrison says that the concert was the first time Apara had attended an event by herself and that she paid extra to get away from the crowds.

“It was a big deal for her,” he says. “You have to think about the effects that this will have on her moving forward in life.”

The case is scheduled for a March 18 case management conference.

IN PHOTOS: More From Big Basin

Erin Malsbury spent many hours at Big Basin State Park for this week’s cover story, “Big Basin Recovery Spurs a Rethinking of Forest Futures.” There was so much for her to take in; there was so much land to cover.

“In the year since the CZU Lightning Complex Fire, the hills have echoed with the constant clamor of chainsaws, trucks and heavy equipment,” Malsbury writes. “Crews hauled burnt rubble out of the area and cleared more than 25,000 hazard trees after the fire. The second major phase of cleanup efforts, in partnership with Caltrans, Cal OES and Cal Recycles, wrapped up just a few weeks ago.”

The story eloquently captures what a fire of this magnitude has meant to the community and delves into Big Basin’s long history, a perpetual cycle of change that has led to the “Reimagining Big Basin Project.”

Here are some more breathtaking images courtesy of Malsbury.

A redwood sprouts new growth along its trunk and branches.
A birds-eye view of the recovery.
A burnt, hollow redwood in front of smaller resprouting trees.
A dead Douglas fir, estimated to be 200-300 years old.
Charcoals and burnt insides of the Mother of the Forest.
The bare canopy near the old-growth loop.
An ancient redwood with sprouts around its base.
One redwood sprouts along the trunk while its neighbor only sprouts from branches.
A crumbling trail, previously ADA accessible.
Blackened bark on an old-growth redwood.
A fallen giant next to new sprouts.
Resprouts in an otherwise empty canopy.
The “ever-living redwood tree” sign, ironically untouched by the flames.
sprouts growing from a cut log.
An old tree resprouting from its branches.
 A view of the forest surrounding the amphitheater.
Splintered remains at the base of an old redwood trunk.

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The Catalyst Nightclub is Sued

catalyst
Kulwa Apara is seeking $2 million in damages, claiming she was physically assaulted during a Bone Thugs-N-Harmony concert she attended two years ago

IN PHOTOS: More From Big Basin

Erin Malsbury spent many hours at Big Basin State Park for this week's cover story, "Big Basin Recovery Spurs a Rethinking of Forest Futures." There was so much for her to take in; there was so much land to cover. "In the year since the CZU Lightning Complex Fire, the hills have echoed with the constant clamor of chainsaws, trucks and...
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