An unhoused person moves their belongings during a “CARE+” sweep of the houseless encampment in Venice Beach.
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Brian Feinzimer
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LAist
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Topline:
Clearing an encampment is one of the most complicated and fraught tasks any California city can take on when responding to homelessness. How they handle that challenge varies widely.
Why now? CalMatters asked nearly three-dozen cities and counties throughout California for copies of their encampment management policies. Responses spanned a wide range, highlighting the lack of a unified strategy to address street homelessness across the state, even as Gov. Gavin Newsom is pushing for more cohesive rules.
Why it matters: Dismantling an encampment can be devastating for the people who call the camp home, many of whom already have experienced significant trauma while living on the streets. At the same time, cities say they have an obligation to remove camps that are dangerous, unsanitary, pose fire risks or are blocking traffic. Having a policy in place, so that people living in an encampment know what to expect, can make the process easier on everyone, said Alex Visotzky, senior California policy fellow for the National Alliance to End Homelessness.
The context: How cities and counties remove camps has become especially important recently, as many places are increasing enforcement after the U.S. Supreme Court last year gave them more leeway to do so. Cities across the state have passed new laws banning encampments, which may or may not include provisions that require the city to give advance warning before clearing a camp, or store people’s possessions.
Read on... for more on the disparate policies across the state.
Clearing an encampment is one of the most complicated and fraught tasks any California city can take on when responding to homelessness.
How they handle that challenge varies widely.
CalMatters asked nearly three-dozen cities and counties throughout California for copies of their encampment management policies. Responses spanned a wide range, highlighting the lack of a unified strategy to address street homelessness across the state, even as Gov. Gavin Newsom is pushing for more cohesive rules.
San Diego, for example, has a 10-page policy that spells out everything from when removals can take place (during daylight hours and not if there is a 50% chance of rain) to how much advance warning the city must give camp residents (at least 24 hours) and how to handle personal belongings confiscated during the removal (items must be photographed, logged and stored for 90 days).
But some smaller cities and counties have no rules, or only bare-bones guidelines. Mendocino County has no encampment management policy. The sheriff’s office’s 861-page manual includes a little more than two pages on how deputies should interact with homeless individuals. Deputies are “encouraged” to consider referring them to shelter and counseling instead of arresting them for minor crimes. Mendocino County also does not track encampment removals.
Dismantling an encampment can be devastating for the people who call the camp home, many of whom already have experienced significant trauma while living on the streets. At the same time, cities say they have an obligation to remove camps that are dangerous, unsanitary, pose fire risks or are blocking traffic.
Having a policy in place, so that people living in an encampment know what to expect, can make the process easier on everyone, said Alex Visotzky, senior California policy fellow for the National Alliance to End Homelessness.
“Folks need to know when that trash truck is coming,” he said. “Folks need to know how long they have to be able to move. And when there’s nothing in place at all and folks are just flying by the seat of their pants, that leads to more harm. That leads to more chaos.”
How cities and counties remove camps has become especially important recently, as many places are increasing enforcement after the U.S. Supreme Court last year gave them more leeway to do so. Cities across the state have passed new laws banning encampments, which may or may not include provisions that require the city to give advance warning before clearing a camp, or store people’s possessions.
Some counties, including Santa Cruz and Monterey, are just now writing encampment policies for the first time, spurred by a recent push from Newsom’s administration. In May, he called on cities to make it illegal to camp for more than three days in one place, while also encouraging them to give people a 48-hour notice before clearing a camp and to store belongings confiscated during a clearing so that their owners can claim them.
The latest application for state homelessness funding requires cities and counties to submit a link to their encampment policy. If they have no such policy, they are supposed to commit to following the state’s guidance on addressing camps.
Both the governor’s office and the Legislature have signalled that the next round of funding — which won’t come until the 2026-27 budget year — will require cities and counties to adopt encampment policies in order to qualify.
“The Governor cannot mandate cities and local jurisdictions to adopt a specific plan or ordinance,” Tara Gallegos, a spokesperson for the governor’s office, said in an email. “That said, the Governor has shared a model ordinance and called on every local government to adopt and implement local policies without delay, backed by billions in state funding and authority affirmed by the U.S. Supreme Court last year.”
Santa Cruz County recently drafted a policy to govern encampment removals in unincorporated parts of the county (nearly 600 square miles), which is set to go before the board of supervisors next month. Monterey County passed a new policy earlier this year.
The current process for clearing an encampment in unincorporated Santa Cruz County can be “chaotic,” said Robert Ratner, director of Santa Cruz County Housing for Health. It’s not always clear which agencies should be making the difficult decisions about which camps to clear, when and how.
Typically the sheriff’s office makes those calls, Ratner said, but there are many relevant factors that the agency might not know — such as how many shelter beds are available, or whether the camp is polluting a nearby waterway. The new policy puts the county’s executive office in charge of those tough decisions, and gives guidance on how long to store confiscated property (for at least 90 days) and how to conduct outreach (make a list of all camp residents and record details about their situation that will help connect them with housing and other services).
“Unfortunately, it’s not easy,” Ratner said. “And I think this is where the guide is helpful. Because we’re bringing it to the board and they’re agreeing to the principles and then giving that direction to all the staff, so staff aren’t left guessing.”
But cities and counties, including Santa Cruz, tend to be reluctant to write strict rules they may have trouble following later; It’s hard to promise a shelter bed when you don’t know if one will be available, for example. As a result, many policies offer vague guidelines rather than enforceable decrees. The U.S. Supreme Court last year ruled local governments can ban encampments even if no shelter is available. While some local encampment policies state that cities and counties should try to offer a shelter bed before destroying a camp, few go so far as to require it.
There is one thing that tends to make encampment policies more binding: when they’re written in court. That often happens after a group of homeless residents sues a city, as happened in San Diego and San Bernardino. When the two sides settle, they may agree on new rules to govern encampment removals in that city, and the city is legally bound to follow them.
But that can also lead to drawn-out courtroom battles. Chico has been fighting for the past year to get out from under a settlement reached after eight homeless residents sued the city in 2021, claiming its enforcement of anti-camping laws was unconstitutional.
The settlement set out strict new rules Chico now has to follow before it can clear a homeless encampment. The city must make sure it has enough shelter beds available for everyone who will be displaced from the camp, provide written notice to the plaintiffs’ lawyers more than two weeks ahead of the clearing, provide a seven-day warning to the camp residents, and then give another 72-hour warning.
Advocates for unhoused communities say those rules, which are stricter than in many other California cities, provide crucial protections for people on the street who are just trying to survive. The city, on the other hand, says following that “multi-week, burdensome” process before enforcing its camping ordinances is getting in the way of its duty to clear camps in areas prone to wildfires.
“The City of Chico is prevented from exercising reasonable actions to protect public health and safety (including the transient encampments themselves) from fire danger,” City Manager Mark Sorensen said in an email. “The city is held hostage by the seven remaining plaintiffs and (their lawyers, Legal Services of Northern California).”
The city tried last year to get out of the settlement, after the U.S. Supreme Court ruled that cities can make camping illegal even if they don’t have shelter beds available, and was shot down. Now, the city is trying again. The parties are expected back in court later this fall.
Legal battles can also influence how cities handle personal belongings taken from a homeless encampment. San Bernardino, which last year settled a lawsuit related to the destruction of unhoused people’s property, must provide camp residents with different-colored bags to differentiate between their property and trash, and give people with disabilities extra time to pack up their belongings.
Stockton, which cleared more than 200 encampments last year, instead abides by a police department policy that vaguely states officers should “use reasonable care” with a homeless resident’s property, and avoid destroying it. If the property owner can’t pack it up, “measures should be taken” to secure the items.
Most jurisdictions lack the resources to respond to all the encampments on their streets, so some have drafted policies that help them prioritize which camps to clear first. Fresno has a detailed metric that ranks encampments based on various risk factors. A camp gets two points if the fire department has had to come out, four points if it’s been the location of a violent crime, and one point if a policy maker has asked the city to clear the camp.
Having such a patchwork of policies across the state makes it harder to solve the problem of homelessness, Ratner said. And while Newsom’s efforts to get cities on the same page seem to be having some effect, tying those rules to state funding is far from a perfect solution, he said. Smaller cities that don’t receive homelessness funds directly from the state have no incentive to adopt rules, he said.
“It creates significant inconsistencies,” Ratner said, “and more drama between the jurisdictions.”
Nick Gerda
is an accountability reporter who has covered local government in Southern California for more than a decade.
Published March 2, 2026 6:26 PM
City Councilmember Nithya Raman speaks ahead of the annual homeless count on Jan. 20, 2026. Standing behind her to her right is Gita O’Neill, interim CEO of the Los Angeles Homeless Services Authority (LAHSA).
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Jordan Rynning
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LAist
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Topline:
L.A. city leaders will discuss Wednesday whether to pull hundreds of millions of dollars out of the regional homelessness agency known as LAHSA and assign different oversight.
The context: The L.A. Homeless Services Authority, which is overseen by the city and county, has been under fire for more than a year. L.A. County supervisors voted last spring to pull the county’s funding from LAHSA and shift it to a new county department for homeless services.
A decision to make: At their meeting Wednesday, the City Council’s housing and homelessness committee is scheduled to discuss a range of options. Its chair, Councilmember Nithya Raman, told LAist she’s planning on two meetings to go over the options before the committee decides how to move forward.
‘In crisis’: LAHSA’s interim CEO, Gita O’Neill, said last week that the agency “is in crisis” with “very low” morale following the county funding pullout.
Read on... for more on the options being weight by the L.A. City Council.
L.A. city leaders will discuss on Wednesday whether to pull hundreds of millions of dollars out of the regional homelessness agency and assign different oversight.
L.A. County supervisors voted to withdraw funding for the L.A. Homeless Services Authority last April, citing ongoing problems with the agency's oversight of homelessness funds.
Now 10 months later, City Council members are planning to talk about whether to pull the city’s funds from LAHSA — which amount to just under $300 million this fiscal year.
It’s one of the most consequential decisions on homelessness city officials have faced in years. In deciding the future of LAHSA, the City Council will be deciding who will be entrusted with taxpayer funds meant to address the nation’s largest unsheltered homeless population.
The options were first laid out in a staff report to delivered last April, two years after it was requested by Councilmember Monica Rodriguez.
At a City Council meeting in January, Rodriguez criticized housing and homelessness committee chair Nithya Raman for not scheduling a committee discussion on the options.
“It's been sitting [for] 280 days, a report in your committee that you won't hear,” Rodriguez said at the January meeting. “So let's stop playing this false notion of the arsonists showing up as the firefighters.”
Asked for a response Monday, Raman’s spokesperson Stella Stahl told LAist the item is on Wednesday's agenda.
In a statement, Raman said she expects to hold two meetings to discuss all the city’s options before the council makes a decision.
Raman and Mayor Karen Bass urged the county not to pull funding from LAHSA last spring, saying the agency was making progress on homelessness.
The supervisors went ahead last April with their decision to withdraw the more than $300 million in annual county funding from the agency.
The vast majority of county funds will be shifted from LAHSA starting July 1.
Raman recently announced she’s running in the June primary against Bass, whom she previously endorsed for re-election.
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LAHSA is in ‘crisis,’ its CEO says
LAHSA was created by the city and county in 1993 to oversee homeless services. It’s governed by a CEO who reports to a commission of 10 members. Half of the members are appointed by the L.A. mayor, and the other half by each of the five county supervisors. Bass also serves on the commission, having appointed herself in fall 2023.
While it’s long faced criticism, it’s been under particularly close scrutiny for more than a year.
An audit and court-ordered review found it failed to properly track its spending and whether services were being provided.
LAHSA also has been facing criticism more recently for months-long delays in paying tens of millions of dollars to reimburse service providers — a problem officials vowed to fix nearly two years ago. Several providers recently told LAist they've had had to dip into reserves or take on debt.
While addressing the commission that oversees the organization on Friday, CEO O’Neill said LAHSA was “in crisis. And I say this not as a criticism to any of our really hardworking staff. They've built what they were asked to build.”
LAHSA’s staff report to “essentially 21 elected bosses, all of whom have different, sometimes conflicting agendas,” O’Neill said. “This creates a structure that is unstable.”
“LAHSA has been structured for decades as the entity that takes the blame,” she added. “Political incentive…has been to point at LAHSA rather than to address structural issues.”
“Morale is very low,” O’Neill said of LAHSA staff.
Fifteen years ago, when modern electric vehicles were just hitting the road, no one knew exactly what to expect from their giant, expensive lithium-ion batteries. EV batteries were intended to last longer than those smaller, cheaper batteries. But how much longer?
Early predictions: In 2010, the New York Times wrote that "estimates of [EV] battery packs' lifespan — no one knows for sure — range upward from seven years." The average car on the road is more than 12 years old. And that discrepancy made some would-be EV buyers nervous. But as the fleet of EVs on the road ages, new data pooled from tens of thousands of vehicles is showing those batteries are lasting longer than expected.
Longer lifespan: Recurrent, a research firm that pulls in data from over 30,000 EV drivers, found a rapid decline at the beginning of a battery's life, a long leveling off, and then a more rapid decline at the end. Recurrent's data shows that the initial drop-off is not as severe as some people had worried, with cars from most major brands retaining 95% or more of their expected range after 3 years.
Fifteen years ago, when modern electric vehicles were just hitting the road, no one knew exactly what to expect from their giant, expensive lithium-ion batteries.
As batteries age,they hold less and less energy. Anyone who's ever had a dying smartphone, or had to replace a vehicle's 12-volt starter battery, knows this painfully well.
EV batteries were intended to last longer than those smaller, cheaper batteries. But how much longer?
The predictions were not soothing. In 2010, the New York Times wrote that "estimates of [EV] battery packs' lifespan — no one knows for sure — range upward from seven years." The average car on the road is more than 12 years old. And that discrepancy made some would-be EV buyers nervous.
Batteries come with warranties, but they don't last as long as the car. If a high-voltage battery chokes out midway through a car's life, it needs replacing — at a price tag that can run in the ballpark of $5,000 to $20,000.
But there's good news.
As the fleet of EVs on the road ages, new data pooled from tens of thousands of vehicles is showing those batteries are lasting longer than expected.
How a battery ages
Lithium-ion batteries undergo two kinds of aging. First, there's calendar aging: They degrade as time goes on, holding less juice, even if they just sit in storage.
Then there's cyclical aging, which is how much a battery degrades based on its use — being charged and discharged, over and over again.
That means there's no way to dodge degradation. Whether you use a vehicle a lot or a little, eventually, the battery will hold less energy.
But the trajectory of aging isn't a straight line. Recurrent, a research firm that pulls in data from over 30,000 EV drivers, describes it as an "S curve." There's a rapid decline at the beginning, a long leveling off, and then a more rapid decline at the end.
"It's very much like breaking in a pair of shoes," says Liz Najman, the director of market insights at Recurrent. The shoes start out stiff, but quickly get a little more give. "And then your shoes just last you," she says, until at some point, "It's all over, it's a rapid decline."
And when it comes to EV batteries, two things are becoming clear. The initial drop-off is not as severe as some people had worried. And the sharp end-of-life decline is taking a long, long time to materialize.
At auto auctions, a lot of healthy batteries
Adam George is a vehicle services director at Cox Automotive, which runs used car auctions around the country. In recent years, the number of used EVs for sale has increased enormously — reflecting the sharp rise in production a few years ago.
That's given Cox Automotive a growing pool of used EVs to evaluate before they're re-sold.
"We were expecting battery health to be experiencing mass degradation over the first one to three years of owning a vehicle," George says. "What we have seen, though, is that these 2, 3, 4-year-old off-lease cars that are coming back have battery health scores well upwards of 95%."
Recurrent's data also shows that cars from most major brands retain 95% or more of their expected range after 3 years, thanks in part to software and battery management systems that are designed to correct for the battery's early degradation, and give drivers consistent range.
So the initial drop-off in that S curve is in the range of 5% or so, give or take. After that? Well, Cox Automotive has tested nearly 80,000 EVs, and found an average battery health of 92%.
Decade-old EVs are overwhelmingly on their original batteries
That data set is naturally skewed toward younger vehicles, because the vast majority of EVs on the road today are fairly new. There were only a million EVs sold between 2010 and 2018, and now there are more than a million sold each year.
So what about the oldest EVs, specifically?
Recurrent's data can help answer this question. Najman, a data scientist, notes a few caveats: It's a fairly small dataset, just because there weren't many EVs built more than a decade ago. And some of the oldest EVs use technology that can't connect to Recurrent's opt-in network.
But based on their community, among EVs that are 10 years old or older, only 8.5% have ever had a battery replacement. More than 90% of them are still on their original battery.
"EV batteries are holding up phenomenally well," Najman says.
Recurrent has also looked at EVs of any age that have more than 150,000 miles on them, which provides a closer look at the effects of that cyclical aging. There, too, the batteries outperformed expectations.
"Cars with 150,000 miles or more, and that have not had battery replacements, are getting at least 83% of their original range," Najman says.
Now, there is one common reason why EV batteries will be replaced very early on: a defect. There have been multiple large-scale battery recalls, and any individual battery might have a flaw that requires replacement. But because all new EVs come with warranties, that kind of replacement isn't a financial blow to owners.
"That would be something that would be synonymous with, like, your engine or a transmission going bad," says Adam George, of Cox Automotive. "That's what warranties are for."
EV battery warranties typically cover at least 8 years and 100,000 miles, and automakers will replace the battery in the case of catastrophic failure, or a reduction in capacity (usually to 70% of the original or less).
A robotic arm displays the dual engine chassis of a Model S electric sedan at the Hawthorne Airport in Los Angeles on October 9, 2014.
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MARK RALSTON/AFP via Getty Images
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AFP
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The tale of one Model S
What do all these stats look like in real life? Consider Norman Hajjar's Model S.
Hajjar was an early adopter of electric vehicles. He kind of had to be: In 2013 he became an executive at the electric vehicle drivers' app Plugshare.
His 2012 Model S is one of the first that Tesla ever built. When he got it, he was well aware of the question mark about battery lifespan. "There was really no way of knowing what the future held for it because there was zero track record," Hajjar says.
In his case, the future held a battery defect: a loud noise followed by his car coming to an abrupt stop. He recalls Tesla replacing the battery — free of charge and under warranty — in 2014.
Since then, he's spent 12 years on that second battery. He's put around 200,000 miles on the car overall. And it's driving great, thank you very much.
"This vehicle still is a monster," Hajjar says, affectionately. "It is extremely fast, quick off the line."
The vehicle was originally rated to have 265 miles of range. Now it has about 220. Do the math, and it's at 83% of its original capacity. "The amount of degradation is pretty minor," Hajjar says.
Hajjar has moved on to a newer vehicle for his daily driver, mostly to enjoy higher-tech features. (His newer Model Y has Tesla's advanced driver-assistance software.) His son uses the Model S these days for his commute to college. "It's just sort of a backup vehicle now," Hajjar says. But he plans to hang on to it. He's sentimental about it, he says.
Why are batteries outlasting expectations?
The engineers who developed modern EVs knew that prolonging battery life would be crucial. They designed systems to actively manage temperatures to improve battery lifespan, and software to constantly check battery health. Years have shown those efforts paid off.
But there's another reason EV batteries have out-performed expectations. It turns out that testing batteries is harder on them than the real world. Their lifespan was underestimated.
Simona Onori's lab at Stanford University has done research into the longevity of lithium-ion batteries, including a 2024 paper in Nature Energy showing that traditional methods for testing battery life are very stressful, and don't match the way batteries are actually used.
In most lab tests, researchers repeatedly cycle them from a very high state of charge to a very low one.
Real-world driving is gentler, with stops and starts — each start draws a bit of the battery's energy down, while each stop gives it a little time to recharge. A driver would never slam the accelerator to the floor and keep it there until the battery is dead.
"We accelerate, we decelerate," Onori says. "The battery will be charged, and discharged, some rest if you're at a traffic light."
Her lab's findings suggest that the traditional tests for battery life were unrealistically challenging, and Onori says ongoing work with real-world data is now confirming that. When they're actually driven, she says, EV batteries "age gracefully. Very gracefully."
Just like humans, she notes: "When we live a life with less stress, we live longer."
A decade plus … and counting
So how long do EV batteries last? It's still too soon to put a precise number on it, because — as a group — the cars already on the road haven't yet reached the end of the S-curve, the point when they will start to show massive performance declines. In other words, they're not dead yet.
Meanwhile, battery technology keeps improving. The oldest EVs, like Hajjar's Model S, may not be the best indicator of how long newer EVs will last. Software systems to manage batteries have gotten more sophisticated. A lot of new EVs use a different battery chemistry — lithium iron phosphate or LFP — which lasts even longer than other lithium-ion batteries.
As Stephanie Valdez-Streaty, who follows EV trends for Cox Automotive, puts it: "These batteries are built to outlast the cars."
And there's one more wrinkle when it comes to figuring out the end of life for a normally-aging EV battery. They don't die abruptly, like an old engine cutting out. It's more that their range shrinks; they can only hold enough energy for shorter and shorter trips. Instead of shelling out for an expensive battery replacement, some EV owners might just put up with that limitation.
Thomas McVeigh, of Ontario, Canada, drives a 2014 BMW i3. That vehicle didn't have an impressive range even when it was new, and now it can only manage about 55 miles on a single charge in the winter. But it still looks great. It's pleasant to drive. It saves him on gas. Maintenance is wildly cheap for a 12-year-old vehicle, and especially for a BMW; his only real cost is new tires.
He's fine with its diminished range. And he's not inclined to put what he estimates would be a $6,000 battery into an aging car. Instead, maybe he'll pass it on to his kid. "Teenagers generally aren't going for long drives," he says.
Or maybe he'll keep it for himself, after all. "I mean," he says, "I love that car."
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Robert Garrova
explores the weird and secret bits of SoCal that would excite even the most jaded Angelenos. He also covers mental health.
Published March 2, 2026 1:21 PM
The Getty collection of 19 manuscripts written on scrolls of papyrus and linen fragments are fragile
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Courtesy Getty Museum
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Topline:
This week the Getty Villa Museum will begin offering a rare look at scrolls from its ancient Egyptian “Book of the Dead” collection.
The backstory: The collection of 19 manuscripts written on scrolls of papyrus and linen fragments are fragile, with one of them dating back nearly 3,500 years. Because of that, the materials are not usually on display to the public and the gallery will be carefully lit, temperature and humidity-controlled.
The materials: The exhibition will feature four papyri belonging to women named Webennesre, Ankhesenaset, and Aset. “Book of the Dead” materials belonging to women are rare, because most were reserved for men.
This week the Getty Villa Museum will begin offering a rare look at scrolls from its ancient Egyptian “Book of the Dead” collection.
The collection of 19 manuscripts written on scrolls of papyrus and linen fragments are fragile, with one of them dating back nearly 3,500 years. Because of that, the materials are not usually on display to the public and the gallery will be carefully lit, temperature and humidity-controlled.
Sara Cole, associate curator of antiquities, told LAist that a lot of the language in the spells is written in first person speech for the deceased spirit to say while navigating the afterlife.
“One of my favorite phrases that I have on a wall of the gallery is ‘May I join with the stars that call out to me in the night boat,’” Cole said.
Cole explained that the manuscripts have been in the Getty’s collection since 1983, when they were donated by a bookseller in New York, who got them from the private collection of a British rare manuscript collector.
Egyptian mummy wrapping of Petosiris, Son of Tetosiris, from around 332–100 BCE.
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Courtesy Getty Museum
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A years-long project is underway to translate the spells and rituals immortalized in the Getty's “Book of the Dead” scrolls and fragments, with a “large publication” in the works, Cole said.
The exhibition will feature four papyri belonging to women named Webennesre, Ankhesenaset, and Aset. Cole said “Book of the Dead” materials belonging to women are rare, because most were reserved for men.
Twelve of the manuscripts in the exhibition are written on fragments of linen that were used to wrap the mummified remains of the people they belonged to. Cole said she hopes visitors will understand that the material was very intimately associated with peoples’ burials.
Cole said her goal is to foreground the identities of the people who owned the scrolls, including two women who were ritual singers for the god Amun in the ancient city of Thebes.
“We see in these manuscripts the ancient Egyptians really grappling with this question and thinking about what might happen when we die... And I think that’s something we can all connect with and understand,” she said.
The Supreme Court hears arguments Monday in an important gun case that has united an array of strange bedfellows, from conservative gun rights groups to liberal civil liberties groups.
Why it matters: At issue is a federal law making it a crime for drug users to possess a firearm. It's the same law that was used to prosecute then-President Joe Biden's son for illegal gun possession — only this case involves marijuana use and gun ownership.
What's next: A decision in the case is expected by summer.
Read on... for more about the case.
The Supreme Court hears arguments Monday in an important gun case that has united an array of strange bedfellows, from conservative gun rights groups to liberal civil liberties groups. At issue is a federal law making it a crime for drug users to possess a firearm. It's the same law that was used to prosecute then-President Joe Biden's son for illegal gun possession — only this case involves marijuana use and gun ownership.
The briefs in the case present diametrically different versions of the facts. On one side, the Trump administration portrays Ali Danial Hemani as a drug dealer and someone with terrorist ties and a marijuana habit. Importantly, he is not being prosecuted for any of those offenses, however. Rather, the government has charged Hemani with violating a federal gun law that bars people with drug addiction from possession of firearms, a crime punishable by up to 15 years in prison.
The 5th U.S. Circuit Court of Appeals threw out the indictment, declaring that the federal law violates Hemani's Second Amendment right to own a gun.
The Justice Department appealed to the Supreme Court, arguing that because Hemani admitted to FBI agents that he used marijuana several times a week, he is a "persistent" drug user, thus rendering illegal the possession of the gun he bought legally and keeps securely in his home.
Hemani's lawyer, law professor Naz Ahmad of the City University of New York, paints a very different picture of her client. Hemani, she notes, was born and raised in Texas, "attended high school there, played on the high school football team, attended the University of Texas at Arlington, was an honor student there" and is "a really valued member of his local religious community."
"The Second Amendment doesn't support disarming and prosecuting somebody for mere possession of a firearm if they happen to have used marijuana occasionally," she says.
"That's a mismatch," she adds, especially at a time when 40 states, to one degree or another, have legalized marijuana use.
If the court rules against Hemani,she says, "the statute could apply to anybody. It could apply to somebody who uses like a marijuana sleep gummy."
The Trump administration's advocate, Solicitor General D. John Sauer, acknowledges that under the Supreme Court's landmark gun decision four years ago, the government has a heavy burden to show that modern-day gun laws are analogous to laws in place at the nation's founding. But he contends that the statute used to prosecute Hemani is both justified and analogous to founding-era laws and practices.
Specifically, in his Supreme Court brief, Sauer points to the harsh punishments imposed during the founding era on "habitual drunkards." And he contends that both Congress and the states have restricted firearm possession by illegal drug users "for as long as that social evil has plagued America."
That said, for the most part, the case seems to have united groups from left to right, from civil liberties groups to gun rights advocates.
"It's outrageous that they tried to get him on a marijuana gun charge," says Aidan Johnston, director of federal affairs for Gun Owners of America. He contends that the government is seeking to criminalize conduct that was widely tolerated at the founding.
"It was the universal custom of founding-era militias to imbibe," he notes, adding that Thomas Jefferson and other famous Americans "possessed firearms while being users of drugs ranging from opium to cocaine."
At the opposite end of the ideological spectrum are a variety of gun-safety groups that fear that if Hemani wins his case, it could gouge a hole in the existing system of national background checks.
Under the current system, dealers are required to first clear the sale by submitting the buyer's name to the FBI's National Instant Criminal Background Check System. The hitch is that there is a very small window in which to complete the check — just three days. And gun-safety groups say that anything that makes the rules more complicated and unclear could really screw up the system.
"We're saying" to the court, "whatever you do, it's essential that you keep the rules clear so that in that short window, federal agencies can give a quick answer to the dealers," says Douglas Letter of the Brady Center to Prevent Gun Violence.
An adverse ruling, he says, would mess up the criminal background check process. That, in turn, would result in "so many, particularly women and children, who will die if that kind of a system is not in place."
A decision in the case is expected by summer.
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