But while the County Board of Supervisors acting as the District Board agreed to improve some areas of its program, the Board failed to implement nine key Air Resources Board recommendations, including one that would have increased the minimum fine to $500 and another that would have increased emission control standards to the standards of other counties statewide.

The proceedings began with friction between community members and county staff as a uniformed deputy ordered community members to remove the pink hearts before entering the meeting room. Not a single person caved in to this brazen attempt to deny them their right to free speech.

County Supervisor Bill Horn repeatedly interrupted both Paula Forbis, Co-Director of EHC’s Toxic Free Neighborhoods Campaign, and Melanie McCutchan, EHC’s Air Toxics Policy Associate, during EHC’s 15 minute presentation. Then, Horn criticized their use of time, complaining that Forbis and McCutchan had used the bulk of the allotted time, leaving less than one minute for TFN Community Organizer Francisca Jiménez’s portion of the presentation. He suggested that EHC had requested time for a three-person presentation just so one team member would have extra time to speak to the Board, not for an actual three-part presentation.

Jiménez, however, used her remaining time for a powerful response to Horn’s criticisms. "If you enforced the air pollution laws in San Diego as strictly as you are enforcing the rules for this meeting, we wouldn’t be in the situation we are in," she said. The comment drew applause from the audience and a ruddy scowl from Horn.

The deputy who earlier had asked community members to take off their valentine hearts demanded that more than eight Latina community members leave the meeting room because he claimed they were not seated or because they or their children were laughing or talking. The deputy said he was simply enforcing the county’s policies.

However, according to a Feb.15 North County Times article by Marty Graham, four white, male Jacumba residents continued to talk, laugh and point and four white men in suits remained standing in the aisles while the officer was removing the women and children.

"I thought it was wrong to be thrown out of a public hearing just because my son was standing on the seat next to me," said Rogelia Urcino, a community member who had come to the meeting in support of EHC. "I did not deserve to be treated that way. This was not the first time I attended a public hearing, but it is the first time something like this happened to me."

Community member Ana Maria Estrada also took offense at the way she and other Latinas were treated by the county.

"I understand that having children running around at a public hearing can be difficult. However, I don’t think it was fair to send the rest of the community members to the second floor. There was no reason for the discrimination and for the guard’s bad attitude," said Estrada.

EHC hired Gabriela Hussong to provide Spanish translation during the meeting for non-English speaking community members in attendance. Audience members were given headsets through which they could receive Hussong’s real-time verbal translation of the proceedings.

Hussong began the meeting standing near the front of the county meeting chambers, speaking as softly as possible and covering her mouth with paperwork as to not disturb the people around her.

The deputy forced Hussong to move twice, first relocating her to a glassed-off balcony one floor above the meeting room. "The sound in that room from the speakers was not loud enough. I could barely hear what was being said," Hussong said. Supervisor Horn told the Times he ordered the removal of the translator because he thought she was talking on a cell phone. However, several minutes prior to the removal of the translator, Forbis had spoken with the County Clerk, showed her the translation equipment, and explained to her that the translator’s headset was not a cell phone.

After asking the officer if she could return to the meeting room, she was relocated to a room across the hall from the main meeting room, where people were talking and carrying on about their business. She tried to continued her translation off a monitor in the room.

"The signal from my hand-set would not transmit from the room," Hussong said. "There was at least 30 minutes where my signal did not reach the community members because it could not travel through the thick walls, which prevented community members from understanding what was being said at the meeting." She then moved into the hallway, straining her neck to see the monitor, and continued translating amidst the hallway traffic.

"This was discrimination against people who do not speak English," she said. "This was a public hearing, and these people did not have the same right to understand what was being said."

The District enforces state air pollution rules, including issuing violations and inspecting companies that pollute. Every 10 years, the state audits the county agency to evaluate its programs and performance. The California Air Resources Board audited the District’s programs in 1999, and in July 2000 released its report on the audit’s findings. Armed with data gleaned from the state audit and hours of research into the air pollution problems facing San Diego, EHC staff presented the Board with recommendations for much-needed improvements in the APCD programs. (See chart at right for details)

"For too long, the APCD has catered to the interests of San Diego industry, without regard to the effect this would have on their compliance with air-quality laws and the resulting impact on public health. The APCD now has the opportunity to reverse this trend and become a leader in the fight for clean air in our communities," said Forbis, speaking to the Board. Community members also stood before the board to give testimony on the impact industries that violate air pollution laws have on the health and well-being of themselves and their families.

Following public testimony, a lengthy discussion ensued between supervisors and Richard Sommerville, the district’s air pollution control officer. Despite what often appeared as tough questioning by the Board, it ultimately unanimously approved the staff’s initial recommendations.

The Board’s decision also means that Environmental Health Coalition and members of the public will need to remain vigilant watchdogs of APCD activities, and closely monitor inspection and compliance rates in the future. EHC is also renewing its call for reform of the APCD Board, to broaden its representation to include representatives from local cities as well as public health and environmental experts. "San Diego County is still the only large urban district in the state to have its board comprised only of County representatives. When decisions like this are made in settings which are hostile to public participation, it’s time to diversify the Board," said Forbis.