I only ask because (and if you haven’t heard the NEWS yet about Disney’s final Measure L faceplant at the California Supreme Court, I’ll be filling you in soon enough) I ONLY ASK about Lyster and Andy because in 2021, when an inexplicable Judge William Claster initially ruled in Disney’s favor that Disney wasn’t subsidized by Anaheim and thus didn’t have to pay their workers a “living wage” as required by 2018’s Measure L, Anaheim spokesman Lyster reacted as though this victory of Disney over its workers was a GREAT VICTORY FOR THE CITY OF ANAHEIM, in a post that still lives on on Anaheim’s social media:
City of Anaheim- Municipal Government
November 3, 2021“A judge this week validated what we already knew ― the city of Anaheim does not provide any rebate or subsidy to Disney.
“Orange County Superior Court Judge William Claster dismissed a lawsuit contending that the Mickey & Friends Parking Structure (pictured) and related bonds from the late 1990s expansion of The Anaheim Resort made Disney subject to Measure L, a 2018 voter initiative requiring businesses receiving city rebates to pay set wages.
“While we never want to see a dispute like this play out in court, we appreciate Judge Claster setting the record straight…“
But THEN, three months ago, when an appeals court ruled that Claster was wrong, that Anaheim DOES subsidize Disney and Disney DOES have to pay its workers a living wage, Anaheim’s social media had NOTHING TO SAY – you’d almost think that Lyster (and his circle of Anaheim insiders) equates Anaheim’s interests with those of the Disney Corporation, and considers Disney’s hard-working employees or “cast members” to be the enemy, a general nuisance.
So TODAY, when the California Supreme Court has just agreed with the appeals court, I do understand that Lyster, Disney, and that whole circle must be really bummed out, and I just thought *I* would help Mike out by creating an Andy Anaheim post CELEBRATING THE VICTORY OF ANAHEIM “CAST MEMBERS,” since they, after all, are ALSO a big important part of Anaheim! Here goes…
***********
City of Anaheim- Municipal Government
October 26, 2023
Andy and the rest of us at the City of Kindness would like to CONGRATULATE the cast members of Disneyland for their astounding victory in the California Supreme Court yesterday!
It turns out it’s TRUE that the Disney Corporation has been subsidized by our city since at least the 90’s, so, sure enough, just as you cast members believed, you were SUPPOSED to be getting a Living Wage since Anaheim voters passed Measure L so overwhelmingly five years ago!
Whoops! And duh! Sounds like Disney, bless our largest employer’s heart, should have sucked it up back in 2018, followed the law, and paid you-all what you’re worth!
Because LOOK – now they’re going to owe a lot of you FIVE YEARS IN BACK WAGES PLUS INTEREST – and some of you probably don’t even work there any more!
Oh well, too bad for the Mouse, and great news for you guys! We hope you all choose to spend your windfall here in beautiful Anaheim – you may even have enough now for a down payment on a place here!
Guess it all worked out after all, eh? “When you wish upon a star, makes no difference who you are…”
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Hell, I am just trying to do my civic duty here, and help out Mike Lyster, who is no doubt in a funk as he’s part of the Anaheim kleptocracy that identifies so thoroughly with the Disney corporation and Anaheim’s other wealthy special interests. But to the rest of you readers, who may not have been following this issue so closely, I owe you a CHRONOLOGY:
- Nov. 2018. Anaheim voters pass Measure L, which goes into effect in 2019, requiring any Anaheim employer who receives city subsidies or rebates to pay their workers a “living wage,” defined as $15 an hour in 2019 and going up each year – this in reaction to many Disney workers living in poverty, some homeless or in their cars or having to work multiple jobs.
- 2019. In an effort to avoid this new law, Disney voluntarily gives up two of its most recent undeniable “subsidies” – one for a luxury hotel (in which they were losing interest anyway) and also the Council’s 45-year promise of No Gate Tax – and then declare themselves exempt from Measure L.
- Later in 2019. A group of Disney workers, crying “Not so fast,” remind the world that Disney is still enjoying a subsidy many have forgotten, in the form of the Mickey and Friends Garage, which was built for them by us Anaheim taxpayers in 1996 with a bond that we are STILL PAYING OFF while Disney gets all the profits from the garage. Ergo, Disney is subsidized, covered by Measure L, and needs to pay a living wage, argue the employees as they sue the company. (Read all about that Garage Subsidy here.)
- Two years go by because of pinche Covid before, in 2021, some lame-ass (or Disney-lovin’) Judge Claster sides with the company, saying that whole Garage thing was not technically a subsidy. The workers appeal and somehow that takes a whole ‘nother two goddamn years.
- July 2023, just when most of us had forgotten about all this, a three-judge panel of the 4th Appellate District Court overrules Claster, and holds that 1) that Garage thing IS a subsidy, 2) Disney IS covered by Measure L, 3) Disney SHOULDA been paying a Living Wage all this time, and 4) We are NOT taking crazy pills. Disney appeals THAT, contending that this latest ruling would make PRIVATE-PUBLIC PARTNERSHIPS like the ’90s one in question impossible or difficult in the future, AS THOUGH THAT WERE A BAD THING.
- October 25, 2023, the California Supreme Court sides with the workers, and it’s “all she wrote.” Disney will now have to not only pay nearly $20 an hour, but will also certainly have to reach deep into its pockets to pay many employees nearly 5 years of back wages, plus interest I assume, probably a lot of it to folks who aren’t even working there any more! And what a rash move that was in 2019 to give up two subsidies just to avoid paying their workers. Did NOT work out.
I contacted the workers’ attorney Susan Grossman-Swenson to congratulate her and she responded:
“Thank you for your email. It took years to get here. But we are thrilled to bring Disney to account and finally make it pay its workers a living wage. We expect that Disney owes its more than 25,000 hourly workers tens of millions of dollars in unpaid wages, interest, and penalties. The current required living wage rate (under Measure L, for 2023) is $19.40/hour, and that will go up to $19.90/hour on January 1, 2024. Some Disney employees are currently making just $15.50/hour.“
All in all, this is a great day for Disneyland’s hard workers, and I do hope the City will print my congratulatory post on their social media!
LOL. Yeah, right.
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UPDATE Nov. 6
Big rally on this topic at 11:30 today at Anaheim City Hall, which I’m gonna have to cover and film – we’ll see if it merits its own story. Lotta labor and Dem folks will be there. Apparently even when Disney is ordered by the courts to pay its workers the tens of millions of dollars they’re owed, they still have a shitload of ways to delay that till Hell freezes over. Here’s the press release:
MEDIA ADVISORY FOR MON. NOV. 6 AT 11:30AM
Contact:
(UFCW Local 324) Jenna Thompson, 949.246.1620, jthompson@ufcw324.org
(SEIU-USWW) Sebastian Silva, 619.754.3350, sebastian.silva@seiu-usww.org
(SEIU-USWW) Maria Elena Jauregui, 818.355.5291 (Spanish-language media)
(UNITE HERE Local 11) Maria Hernandez, 623.340.8047, mhernandez@unitehere11.org
On Fifth Anniversary of Measure L Passing, Over 100 Disney Workers, Community Supporters Come Together to Highlight Massive Win for Anaheim Resort Area Workers
Anaheim, CA – Monday, November 6, 2023 marks five years since Anaheim voters passed Measure L to give Anaheim Resort Area workers a living wage. Those five years have been marked with numerous attempts by Disney to avoid accountability, but now the courts have reiterated the voters’ wishes. Disney will be held accountable to Anaheim voters, providing back pay to resort area workers and potentially face penalties for refusing to comply with a voter-approved local measure. Over 100 workers, and community supporters will come together to celebrate their victory and detail what it will mean for their lives.
Workers, their unions, and community members fought hard for Measure L in 2018 so resort area workers who make the magic for guests from around the world and power the local tourism industry would have a living wage. When almost three-quarters of Disneyland employees report that they do not earn enough money to cover basic expenses every month, the back wages Disney now owes them could be life-changing.
WHAT: Press conference with Disney cast members and Anaheim Resort Area workers highlighting their victory five years in the making to win a living wage with Measure L and what it will mean for their lives.
“… you’d almost think …”
That has to be the most unnecessary “almost” of the year.
I’m also going to take the opportunity to reiterate my criticism that the little cartoon chump representing the city is named “Andy” rather than “Annie.” Choosing the less appropriate name — Bulletin: the name of the city is NOT “ANDYHEIM” — was just pure patriarchal perversity.
And I also have to say again, as someone who has appeared before Judge Claster, that he’s neither a sellout or a dummy. Trial court judges sometimes land in the interstices not clearly covered by existing law. This was not a clear and straightforward case, though I think that the Plaintiff had the better of it. He had to pick a side, knowing that it would surely be appealed. Now, the opinion of the appellate courts — especially the one that just came down, to the extent it doesn’t conflict with the lower appellate court — finally becomes law.
As for Disney — well, at least know why they have to raise money quickly! May I suggest that they save money by closing down its Florida operations?
I’m sure the Kleptoscribe will be all over this news.
But then I thought he might at least have given a fare thee well to Brandman who worked so relentlessly for the Kleptocracy.
If the Mayor and Council actually want to regain the respect and confidence of the community, how can Lyster, Fabela, Ted White and Vanderpool still be employed?
A rhetorical question? They don’t care about the respect and confidence of the community. We’re talking about loyal foot soldiers for the kleptocracy here.
I’ll raise one other possibility, complementary to but less cynical than Zenger’s: generally, firing people is hard. Firing someone you see all the time is all the more so. This is still a fairly inexperienced Council; they may need to see more and more atrocities before they finally get up the gumption to do it.
The good news there is that it means that truth-telling critics are useful and may ultimately make a difference.
Let’s review:
Lyster-see above.
Fabela-bowed to pressure on initial opinion that Disney exempt denying raises for five years. Claster is still a moral moron.
White-twice insisted stadium sale entitled to expedited approval based on lie.
Vanderpool-ultimately responsible for all corruption.
How many more atrocities do they need?
Ted White has sure been a moving target. Off to Fullerton, then back.
I was shocked by Claster’s ruling in 2021, and wasn’t sure what to think.
I’m still not sure and would like to read the reversals, esp the appeal. Simple cases don’t tend to go to the California Supreme Court in the first place; this one is anything but simple.
But looks like I do need to eat some humble pie. My first thought reading a draft of Claster’s opinion was how could a measure intended to raise minimum wages for people who work for companies that earn a subsidy omit a definition of subsidy that covered the largest player in town. Was that an oversight? An intentional betrayal? A case of a set of assumptions that worked on one day that were overcome by changes in response on another day?
From the sound of it, the lawyers behind Measure L and through the appeals went above and beyond. But I’d definitely prefer to read the text of the decision and the briefs they sent in: there’s lessons here that ought to be learned and emulated, and many, many cities will have dominant companies in town that extract subsidies,while workers would be able to benefit from pursuing something like Measure L. It’s an incredibly important fight.
Maybe Mike Lyster can help us find the citations. You want to reach out to his office, Donovan?
I think that your insight in you last paragraph is extremely important.
Why do you think that Claster is a “moral moron,” Steve?
I haven’t read the briefs of the decision (at least not recently), but it seems to be a matter of how much one should extend the category of “subsidy” beyond its core, and that’s something about which reasonable non-morons can agree.
The narrowest category would be one that encompassed cash payments to an entity.
Next, we’d include in-kind payments.
Down the line, we’d get to “city takes out a loan on behalf of another party and then forgives the loan if the other party performs certain acts” — which, a loan being what a bond is, pretty much describes this arrangement.
Now I know that Disney DID NOT DO CERTAIN ACTS that it was supposed to do — the ones that Cynthia uncovered years ago and that the City at some point just “forgot” to demand — but if it had then this being a subsidy would be more arguable.
Disney getting ownership of the parking lot after 30 years would be a lot harder to exclude from being a subsidy — but the argument could be made that it was not a subsidy until that time arrived.
I haven’t read the recent appellate decisions, and I don’t recall how “subsidy” was defined, if at all, in Measure L — which might be controlling — but I’m just saying that I’ve seen a lot of argumentation about how broadly to draw the lines of categories like this; usually one side is wrong, but rarely stupid or immoral (at least on account of the arguments they made, maybe otherwise.)
But I’m open to being convinced, if your disposed.
(In contrast, the Surplus Land Act application to Anaheim Stadium was a slam dunk — and you should be celebrated wildly for your role in that one.)
I’m not an attorney but I play one in my head. Seems to me that once your decision is reversed by the Appeals Court and the Supreme Court you’re probably wrong. Regarding “subsidies”, the gift of what was at the time the largest parking structure in the world qualifies for most non-morons.
OK, I’ll play an attorney in your head too. Your intuition makes some sense, but it doesn’t always work when “new law” — law in uncharted territory — is being made, particularly when the new law comes from an unexpected clash in two or more existing laws.
Here, Measure L didn’t (or at least didn’t adequately) define “subsidy.” The biggest area of ambiguity (or one of them) came from the fact that the “gift” had not yet actually been delivered at the time in question, because the bond had not yet been repaid.
So Claster had to apply the law as best he could. His main job at the trial court level is to compile all of the relevant facts. Then he made his call based on the understanding of the existing — again, likely knowing that his call would likely be appealed. A big difference between the trial and appellate courts is that the latter is not bound to existing law; in the event of a conflict or ambiguity it can say “in the event of ABC conflicting with XYZ, henceforth this is how the conflict should be rectified.” If Claster had failed to follow a rule that had already addressed this precise conflict, THAT is when he can be appropriately slagged.
The decision of where there is and is not ambiguity is one of the main places where judicial activism takes place. An activist judge may assert that ambiguity exists, allowing them to not follow the prescriptions of a given law that might seem applicable. Or they could decide that no ambiguity exists and that a given law would therefore apply, when someone else could reasonably disagree.
The celebrated liberal judge Judge Reinhardt of the Ninth Circuit Court of Appeals, who IIRC was overturned by the Supreme Court more than anyone else, used to explain that being overturned was not a big concern for him because it didn’t mean he was wrong. To paraphrase “I dealt with the law the way if was written at the time I received the case. The Supreme Court has the power to change the law, and therefore the outcome. But it’s not my job to anticipate what the Supreme Court is going to do, and it’s not my error to act on what the law actually is as opposed to what the Supreme Court later said that it was.”
By the way, I tried to look up Clasters opinion and the intermediate appeals court’s overturning of it — and I couldn’t find either! If anyone has the citation, I’d like to read them both so I can ground my commentary in the relevant facts.
In my mind, the “subsidy” of the parking garage went beyond the City (or more accurately, the APFA) deeding the property over to Disney once the bonds are paid. but that Disney pays $1 per year for use of the garage, while pocketing the full value of parking fees.
Good point. I wonder if the actor being the APFA rather than the City undercut the notion of that being a subsidy. (Argh, this is giving me flashbacks….)
I also wonder if a cogent argument could be made that the income from the parking fees is all used to defray the costs of operating and maintaining the garage. That seems like it would be absurd, but Disney can afford the best and most creative accountants — maybe the same ones who can prove that a movie that makes a half-billion dollars still has failed to make a profit. (Or whatever the details.)
Vern,
Thanks for posting this. It definitely has needed someone to keep their eye on this. My only question is, why did you all think that the daughter of a the head of the Democratic foundation would ever be the right mayor for the city and be free from corruption?
Hey,I could be wrong, but nothing has impressed me yet.
Nothing to be impressed about. She got into a short fracas with that Faessel zombie and that’s about it.
You thought Galloway or Trevor O’Neil would be better? Ashleigh was the best choice we had, for sure.
I believe that over time the department heads the City Manager City Attorney, The “Turd Polisher” Mike Lieter,will all eventually leave, gradually, and it will be done over time … Definitely not all at once.
Of course they wouldn’t have been better. But as William James said, if the outcomes of two propositions are practically the same, then they are both the same thing to begin with.
Best choice is like saying margarine is a better choice than Vaseline.
Strive for the right Mayor! She skated in. She had no competition with Demo $$ and union support.
But yeah, at least Disney isn’t having an orgy with Anaheim tax dollars at the moment.
I don’t see the point of insinuating corruption without any evidence of what corruption might be occurring. Do you have something in mind?
I don’t recall the campaign finance report suggesting that she’s in the pocket of any major contributors — maybe unions, but she hasn’t had the chance to manifest that yet, if so — and this isn’t a high enough office where trial lawyers would get involved. So the concern seems entirely theoretical for now.
To play off your closing line: “Hey, I could be wrong, but nothing has depressed me yet.”
Depressed me yet is not correct. I said “impressed me yet”. It is a bit depressing though when parents buy their kids way into politics.
“I’m not impressed”
“Depressed me yet” was intended to apply to me, not to you. I’m not depressed by her Mayoralty yet. (Nor am I overly jazzed, but that’s not mostly her fault.) I’m depressed by some of the others in the Democratic majority, though I continue to hold out some hope for Norma Kurtz.
Agreed.
Big rally on this topic at 11:30 today at Anaheim City Hall, which I’m gonna have to cover and film – we’ll see if it merits its own story. Lotta labor and Dem folks will be there. Apparently even when Disney is ordered by the courts to pay its workers the tens of millions of dollars they’re owed, they still have a shitload of ways to delay that till Hell freezes over. Here’s the press release:
MEDIA ADVISORY FOR MONDAY NOVEMBER 6, 2023 AT 11:30AM
Contact:
(UFCW Local 324) Jenna Thompson, 949.246.1620, jthompson@ufcw324.org
(SEIU-USWW) Sebastian Silva, 619.754.3350, sebastian.silva@seiu-usww.org
(SEIU-USWW) Maria Elena Jauregui, 818.355.5291 (Spanish-language media)
(UNITE HERE Local 11) Maria Hernandez, 623.340.8047, mhernandez@unitehere11.org
On Fifth Anniversary of Measure L Passing, Over 100 Disney Workers, Community Supporters Come Together to Highlight Massive Win for Anaheim Resort Area Workers
Anaheim, CA – Monday, November 6, 2023 marks five years since Anaheim voters passed Measure L to give Anaheim Resort Area workers a living wage. Those five years have been marked with numerous attempts by Disney to avoid accountability, but now the courts have reiterated the voters’ wishes. Disney will be held accountable to Anaheim voters, providing back pay to resort area workers and potentially face penalties for refusing to comply with a voter-approved local measure. Over 100 workers, and community supporters will come together to celebrate their victory and detail what it will mean for their lives.
Workers, their unions, and community members fought hard for Measure L in 2018 so resort area workers who make the magic for guests from around the world and power the local tourism industry would have a living wage. When almost three-quarters of Disneyland employees report that they do not earn enough money to cover basic expenses every month, the back wages Disney now owes them could be life-changing.
WHAT: Press conference with Disney cast members and Anaheim Resort Area workers
highlighting their victory five years in the making to win a living wage with Measure L and what it will mean for their lives.
WHO: Ada Briceño, chair, Democratic Party of Orange County
Rich McCracken, attorney, drafted Measure L
Tom Bray, named plaintiff of Measure L class action lawsuit
Disney cast members
Anaheim Resort Area workers
Community supporters
Will be available for questions:
Sarah Grossman-Swenson, attorney for Measure L class action lawsuit
Randy Renick, attorney for Measure L class action lawsuit
Disney cast members
Anaheim Resort Area workers
WHEN: Monday, November 6, 2023 at 11:30AM
WHERE: Anaheim City Hall, 200 S Anaheim Blvd,
Anaheim, CA 92805
VISUALS: Over 100 Disney cast members in uniforms, community supporters, signs,
banners
Good for Ada and her crew! Happy to give credit when and where it’s due.
This makes me miss those days of yore, before she developed hypertrophy of the ambition gland.
I think this story is huge under-reported under-appreciated news, especially for Anaheim. Thousands of workers who WERE making 15-something an hour are now suddenly making 19.40 an hour. And very soon (once all the “computations” are done, workers’ attorney McCracken tells me,) Disney will be paying out TENS OF MILLIONS in back pay and interest to over 25,000 workers.
Many or most of these workers, I assume, are in Anaheim, and will spend their money here, which you’d think will HAVE to produce a big economic boom – at Disney’s expense as it should be. This is almost like a sudden back-door Gate Tax. Or am I missing something?
It’s like we sang five years ago when we passed Measure L: