• A group of Uber and Lyft drivers filed a lawsuit Tuesday against California’s controversial Prop 22, a ballot measure that was approved by nearly 59% of state voters in the 2020 election. 
• While Prop 22 does promise drivers wage guarantees and health insurance stipends, it also eliminated some protections as well as benefits like sick pay and workers’ compensation.
• In their lawsuit, the drivers argue that Prop 22 “illegally” prevents them from being able to access the state’s workers’ compensation program. 

What’s in the Lawsuit?

In a lawsuit filed Tuesday, a group of Uber and Lyft drivers asked California’s Supreme Court to overturn the state’s controversial Prop 22 ballot measure.

The drivers behind the lawsuit, along with Service Employees International Union, allege that Prop 22 “illegally” bars them from being able to participate in the state’s workers’ compensation program. 

Additionally, they argue that the measure violates California’s constitution by“stripping” the state legislature of its ability to protect who unionize. 

“Every day, rideshare drivers like me struggle to make ends meet because companies like Uber and Lyft prioritize corporate profits over our wellbeing,” Plaintiff Saori Okawa said in a statement. 

Conversely, Uber driver and Prop 22 activist Jim Pyatt denounced the lawsuit, saying,“Voters across the political spectrum spoke loud and clear, passing Prop 22 in a landslide. Meritless lawsuits that seek to undermine the clear democratic will of the people do not stand up to scrutiny in the courts.”

California ballot measures have been occasionally repealed in the past; however, most of the time, they’ve only been repealed following subsequent ballot measures. If this lawsuit fails, such an initiative would likely be the last option for overturning Prop 22.

What is Prop 22?

Prop 22, which was approved by 59% of state voters in the 2020 Election, exempts app-based transportation and delivery companies from having to classify their drivers as employees. Rather, those drivers are listed as “independent contractors,” also known as gig workers. 

Notably, Prop 22 was supported by major industry players like DoorDash, Uber, Lyft, and Instacart, which launched a massive $200 million lobbying and advertising campaign.

While those companies did promise wage guarantees and health insurance stipends for drivers, Prop 22 also eliminated a number of protections and benefits drivers would have seen under an “employee” status, including sick pay and workers’ compensation. 

Because of that, many opponents have argued that the measure incentivizes companies to lay off their employees in favor of cheaper labor options.

Last week, it was reported that grocery stores like Albertsons, Vons, and Pavilions began laying off their delivery workers in favor of switching to ”third-party logistics providers.” According to Albertson’s, unionized delivery workers were not included in the layoffs. 

In recent coverage from KPBS, one San Diego Vons delivery worker detailed a situation in which he and delivery workers were called into a meeting with management. 

“I thought they were going to give us a bonus or a raise or something like that,” he said. 

Ultimately, that employee was told he would be losing his job in late February, even though he had been with the company for two-and-a-half years. 

“I didn’t want to tell them,” the employee said of his parents, one of whom is disabled. “I’m the breadwinner for the family.”

See what others are saying: (The Verge) (The Washington Post) (CNN)

• Popular Tattoo artist Daniel Silva said the death of YouTuber Cory La Barrie was due to La Barrie’s “own negligence,” in response to a wrongful death lawsuit from his family.
• La Barrie died last May after Silva lost control of the sports car they were in, crashing into a street sign and tree. 
• La Barrie’s family has accused Silva of negligence, saying his excessive speeding caused the crash. They also claim he was under the influence, though he was never formally charged with a DUI. 
• According to TMZ, Silva filed documents saying La Barrie “assumed the risk of death when he jumped into Daniel’s car that fateful night back in May.”

Corey La Barrie’s Death

Popular tattoo artist Daniel Silva has blamed YouTuber Corey La Barrie for his own death in response to a wrongful death lawsuit from La Barrie’s family, according to TMZ.

The tabloid says he filed legal documents saying, “the car crash that led to Corey’s death was due to his own negligence, and he assumed the risk of death when he jumped into Daniel’s car that fateful night back in May.”

La Barrie died on May 10, his 25th birthday, after Silva was speeding and lost control of the sports car they were in, crashing into a street sign and tree.

Police say Silva tried to leave the scene but was stopped by witnesses. He was later arrested and charged with murder. Silva eventually reached an agreement with prosecutors to plead no contest to vehicular manslaughter with gross negligence.

In August, Silva was sentenced to 364 days in jail, with credit for 216 days served because of California sentencing guidelines, even though it had only been 108 days since the crash at the time.

He also earned five years of probation, 250 hours of community service, and a suspended prison sentence of four years, which would be imposed if he violates the terms of his probation.

Wrongful Death Suit

Silva still faces the family’s lawsuit, which they filed the same month their son died.

In it, La Barrie’s family has accused Silva of negligence, saying his excessive speeding caused the crash. They also claim he was driving under the influence.

It’s worth noting that people close to Silva have disputed that claim and he was never charged with a DUI. However, the first police statement about the crash labeled it a “DUI Fatal Traffic Collision.” Witnesses have said the two were partying earlier that night, though

See what others are saying: (TMZ) (USA Today) (Variety)

• Twitch announced that using words like ‘Simp,’ ‘Incel,’ and ‘Virgin’ can get you banned if you use them as an insult to someone’s ‘perceived sexual practices.’
• The announcement was made on Dec. 16 by COO Sara Clemens during a town hall on the company’s official stream.
• Major streamers on the platform have mocked the decision, including Jacksepticeye, who wrote, “Thank God Twitch finally cured all toxicity online.“ Others even thought of alternatives to use in replaces of these words.
• How the policy will be enforced is still up in the air, with streamers and fans alike both needing to wait until January 22, 2021.

No More Simping

Starting January 22, using “simp,” “incel,” and “virgin” as an insult will be a bannable offense on the popular streaming platform Twitch.

The announcement was made on Dec. 16 by COO Sara Clemens during a town hall on the company’s official stream. “Making any derogatory statements about another person’s perceived sexual practices – and that does include targeting another person with sexually-focused terms.”

She told the host  “So, using terms like ‘simp,’ ‘incel,’ and ‘virgin’ as an insult to negatively refer to someone’s sexual activity is not allowed under this new policy.”

The news, as anyone with any knowledge of the community would expect, was widely mocked. Among the first to react was Rod Breslau, a former professional gamer and notable figure in the gaming community.

He tweeted: “Twitch now says that you can no longer call  others ‘simp’, ‘incel’, and ‘virgin’ as they are now against TOS, along with any emotes relating to the term simp Twitch baby, what is you doing?”

“please don’t call me a simp i will report you to the twitch police and internet authorities, thanks”

Other creators were quick to react to the news as well. Streamer and Youtuber Jacksepticeye wrote, “Thank God Twitch finally cured all toxicity online. The great virgin and simp wars are finally over. The land is at peace and nature is healing.”

Some streamers, such as FazeSimp, were worried that the decision would mean necessary changes to their branding.

Lazarbeam, one of the largest streamers on any platform, decided that he’d stand in defiance of the new rules.

As Draconian As It Seems?

Not surprisingly, the community was quick to come up with alternatives for the words. In particular, there are efforts to save the word “simp,” or at least the meaning behind it. Sykkuno and other creators trying to push “Shrimp.”

While people like Neekolul pushed for a different word, writing, “Wait is the word simp like bannable if said on stream?  O_O I need to find a new word… instead of incel I’ll say manbaby and instead of simp I’ll say KINGS💯”

Despite all the backlash, it’s possible the decision is as draconian as it’s being made out to be. The words “incel,” “simp,” and “virgin” aren’t being outright banned. In her interview, Clemens specifically said, “…using terms like ‘simp,’ ‘incel,’ and ‘virgin’ as an insult to negatively refer to someone’s sexual activity is not allowed under this new policy.”

Twitch backed up that stance in a clarifying statement Breslau:

“We will take action against the use of terms like ‘simp,’ ‘incel,’ or ‘virgin’ specifically when they are being used to negatively refer to another person’s sexual practices. Using these terms on their own wouldn’t lead to an enforcement but we would take action if they were used repeatedly in a harassing manner.”

The platform went on to say, “We deny emotes related to these terms and take them down when they are reported to us. We have a stricter policy on emotes overall because they can be used across twitch so we take more proactive measures to minimize the potential for harm.”

The short version seems to be that calling someone a simp could likely get you a ban while calling oneself a simp is okay.

Like many policies that attempt to enforce similar rules, there are concerns that the grey area in between the extremes will be hard to regulate. For example, Faze Nickmercs wrote, “Can’t imagine gamin’ with the boys and not roasting the shit out of em.”

Other people online pointed out that people are focusing too much on the decision to ban specific words rather than why they’re being banned. One user tweeted, “Why does it matter what kind of words you are using to harass somebody? Shouldnt everyone harrasing get banned regardles?”

How the policy will be enforced is still up in the air, with streamers and fans alike both needing to wait until January 22, 2021 to possibly have a better idea of whether or not they’re still allow to say who they simp for.

See What Others Are Saying: (Dexerto) (The Verge) (Gizmodo)