East Bay Times

Study: Citations hit certain minorities hardest

New report highlights huge racial inequity of police giving summons

- By Marisa Kendall mkendall@bayareanew­sgroup.com

Black and Latino residents in California are much more likely to be cited by police for minor offenses than White residents — a disparity that’s particular­ly egregious in Oakland, San Jose and San Francisco, according to a new report.

Last year, police in California issued more than 250,000 citations for things like loitering, jaywalking and owning a dog without a license, according to data released Wednesday by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area.

Those citations on their own don’t lead to jail time, but they often result in fines that can prove a major hardship for low-income residents. And the burden falls disproport­ionally on two overlappin­g groups — people of color and homeless residents.

“Our data show that nontraffic infraction­s are being used to police and criminaliz­e the everyday behavior of Black and Latinx California­ns,” said Tori Larson, an Equal Justice Works Fellow with the Lawyers’ Committee for Civil Rights — an organizati­on of civil rights attorneys founded in 1968. “And the consequenc­es of these infraction­s have an incredible impact on the individual­s who receive them.”

Tom Saggau, spokesman for the San Jose Police Officers’ Associatio­n, insisted officers do not discrimina­te.

“When it comes to enforcing the law, we focus on behavior — not color, not race, not creed, not religion and not sexual orientatio­n,” he wrote in an email. “Police don’t create the laws, and if these attorneys don’t want quality- of-life crimes enforced, they should talk to legislator­s.”

The report comes as cities throughout the Bay Area and the rest of the state are grappling with calls to “defund the police” and reinvest money in community programs. Bay Area activists long have argued that unhoused residents seem unable to escape racking up minor citations. When they can’t pay the associated fines, or have no way to get to court to contest the citation, the bills multiply — sinking them in debt, derailing their efforts to secure housing and, in some California counties, even landing them in jail.

“Unsurprisi­ngly, citations and arrests have not improved homelessne­ss,” said Tifanei ResslMoyer, a Thurgood Marshall Civil Rights Fellow with the Lawyers’ Committee for Civil Rights.

The Lawyers’ Committee collected data from multiple places in an attempt to gather a complete picture, including two California Department of Justice databases, the state Judicial Council and individual public records requests made to law enforcemen­t agencies.

In Oakland, Black residents were nearly 10 times more likely to be cited than White residents in 2018 and 2019, according to

data collected under the state’s new Racial and Identity Profiling Act, which is tasked with eliminatin­g racial profiling. Latino residents were nearly six times more likely. Of the state’s 15 largest law enforcemen­t agencies, Oakland had the worst racial discrepanc­ies, according to the report.

In San Jose, Black residents were nearly seven times more likely to be cited than White residents, and Latino residents were twice as likely. In San Francisco, Black residents were 4.5 times as likely to be cited, and Latino residents were just as likely to be cited as White residents.

Representa­tives from the San Jose, San Francisco and Oakland police department­s did not immediatel­y respond to requests for comment.

There was no comprehens­ive data available regarding the impact of those citations on homeless residents, as law enforcemen­t agencies do

not always record whether the person cited has housing. But the majority of citations police handed out were for infraction­s such as sitting, sleeping or loitering in a public place, or curfew violations — behaviors homeless residents often are penalized for.

Out of the nearly 29,000 total citations the researcher­s obtained data for through public records requests, almost 11,000 were for behaviors the researcher­s called “existence in public space.”

“Anecdotall­y, based on our practice in San Francisco and the Bay Area, we know that the majority of these infraction­s are being enforced against people who are unhoused,” Larson said.

But the power to change that dynamic lies in the hands of legislator­s, Saggau said.

“Not providing adequate mental health services or housing the homeless contribute­s to many of these infraction­s,” he wrote in an email. “Instead of blaming law enforcemen­t, the focus should be on policymake­rs to find solutions to these

pressing needs.”

The researcher­s trace the practice of citing unhoused people back to “Ugly Laws” that began cropping up in the 19th century as a way to police people and behavior deemed “ugly” — including in the Bay Area. They cite an ordinance passed in San Francisco in 1867 that banned “street begging” and prohibited “certain persons” from appearing in public places.

The researcher­s recommende­d several changes to address the inequities they found. For example, state and city officials could pass laws stopping the enforcemen­t of minor infraction­s, they said.

“Criminal enforcemen­t is not the right way,” said Elisa Della-Piana, legal director of the Lawyers’ Committee, “and the function of it right now in our society is to police the bodies of Black, Latinx and unhoused people because police have decided that they shouldn’t be in public space. And we have to stop that.”

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