Smog Check rape?

http://www.arb.ca.gov/board/mt/mt042403.txt

BOARD MEETING / STATE OF CALIFORNIA / AIR RESOURCES BOARD
THURSDAY, APRIL 24, 2003

Charlie.

MR. PETERS: Mr. DeSaulnier, Mr. Chairman, and Board. Very much appreciate Mr. DeSaulnier's attention, him being a small businessman in the Bay Area with significant efforts against small businesses -- restaurant businesses throughout the state of California currently with unfair business practice situations where some regulator might come in to Dr. DeSaulnier's business, in spite of the fact of how important and powerful he is, and put some minor correctional issue against his business. And what can happen there can get pretty interesting, even in spite of his power.

What I'm here to talk to you about today is I gave you a packet of information which includes – and I'm interested in the policy issues -- includes a small businessman in Southern California. There was no opportunity to make corrections. An employee of his did something inappropriate, which he immediately let go before he found out what had happened.

He goes to his association, which is the largest in the state supporting these issues, and the attorney says $20,000 to start and you lose. He said, "Well, gee, I'm good guy." He goes before the regulator, and they say, "You're out of business."

That's an interesting place to start. He's currently today out of business. He's 40 years old, AAA approved shop, CAP approved shop, passed every test, every standard there is. Has never had a citation in his life. Has had a perfect record with AAA. State of California has him out of business today.

We are trying to mitigate that. He now has an attorney. He's now a petitioned this to the Supreme Court. He's now petitioned this to the Department of Consumers Affairs. We're hoping he gets back in business. We hope he gets some additional consideration. We hope we can mitigate this.

But what's right behind that is immediately after that they can take him to the district attorney. The attorney general's got him now. Then the district attorney comes for him. And then immediately after that -- because there's been some action against him, we can have an unfair business practice suit against him that can extract another 20,000, $30,000 from this money. Immediately as soon as that's done, the same attorney with the same pseudo consumer can make another action, and every attorney in the state of California can continue to take action against this individual. And this guy never did anything wrong.

What are we doing to small business in California? What are we doing to the air, putting somebody who's a professional that can fix the problem out of business with no consideration. It's wrong. I want your help. Say you have nothing to do with this. I've had everybody tell me for 15 years it's ain't my problem. Well, it's mine. I'm the problem and my lack of ability to communicate -- I'm working on trying to make it better. I'm petitioning you. I'll get on my hands and knees if it takes it to help support small business and better air quality in California starting today and to create some protection for Mr. DeSaulnier and his business in the Bay Area.

Thank you.

CAPP contact: Charlie Peters / (510) 537-1796 / cappcharlie [at] earthlink.net