The Mercury News

Officer: Racism scandal nothing new

Lebanese American who sued SJPD in 2018 over harassment says he’s surprised only by the fallout

- By Robert Salonga rsalonga@bayareanew­sgroup.com

The surfacing of racist and antimuslim Facebook posts by active and retired San Jose police officers this past weekend was not by itself a shock to Officer Nabil Haidar.

What surprised him was the near immediate condemnati­on by public leaders, including the police chief.

Haidar, who is on medical leave, said he remembered thinking: Where was that when he objected to his own anti-muslim harassment in the same police department?

“This is what I have been saying all along,” he said in an interview. Instead, the department “refused to believe me, (and) only enabled and empowered this online racism and Islamophob­ia.”

The Lebanese American officer sued the department in 2018, alleging he was the target of antimuslim remarks and insults that escalated after the Sept. 11, 2001, terrorist attacks.

He asserts that the discrimina­tory comments associated him with the terrorist group ISIS, the Taliban and car bombings and that he was referred to with slurs including “suicide bomber,” “bin

Laden” and “sleeper cell.”

In his lawsuit, which is still making its way through Santa Clara County Superior Court, Haidar calls particular attention to a November 2017 police briefing when a captain was recognizin­g veterans in the room and a sergeant allegedly said, “Captain, you forgot to mention Nabil. He is an ISIS veteran. He was with ISIS for two years.”

“The officers who harassed me are still walking the streets,” Haidar said. “What’s the difference between them and what is happening now?”

What is happening now is fallout from an article posted on Medium on June 26 by an anonymous blogger who identified as the partner of a current SJPD officer and posted screenshot­s of comments by members of the deactivate­d 107ODSJ Facebook group — made up of active and retired SJPD officers — sharing racist comments, including about the Black Lives Matter movement and an image the blog author argues equates Muslims with terrorists.

In one public post, an active officer who subscribed to the group wrote “black lives don’t really matter” while commenting about shootings in Chicago, and while responding to a thread about a Muslim woman whose hijab was pulled off by a Ventura County Sheriff’s Office deputy, the officer wrote, “Hell, I would have pulled it over her face.”

A post by a retired officer suggested using hijabs as nooses.

Four officers who were outed in the Medium article have been placed on leave pending a department investigat­ion that the FBI has been called in to assist.

The department responded to Haidar’s new comments about the discrimina­tion he says he faced first by parsing it out from the Facebook posts.

Officers who worked with Haidar — speaking on condition of anonymity to avoid legal retaliatio­n — joined police officials in strongly objecting to his account of alleged harassment, and said that Haidar had long made deprecatin­g jokes about himself and terrorism, and that he would similarly joke about colleagues.

At the time Haidar filed an initial claim with the city in May 2018, some inside the department contended that Haidar was retaliatin­g to his being discipline­d in 2017 after he was found to have used “several unflatteri­ng racial stereotype­s” while responding to a police call involving a Vietnamese woman.

The connection of Haidar to this case, which was reported in an annual report by the city’s independen­t police auditor that did not identify the officer, is the basis of an allegation in Haidar’s lawsuit that confidenti­al personnel informatio­n was leaked to undercut his discrimina­tion claim.

Chief Eddie Garcia took issue with Haidar’s assertion that the SJPD did not act on his complaint.

“It wasn’t swept under the rug. It was investigat­ed thoroughly and individual­s received significan­t discipline,” Garcia said, before citing personnel privacy restrictio­ns in refraining from specifying who and how they were punished. “We took a lot of action then, and we’re going to take a lot of action this time.”

Garcia, who met with the South Bay Islamic Associatio­n last week, welcomes an offer from the San Josebased Islamic Networks Group to conduct anti-islamophob­ia training for officers.

Adnan Rasheed, a board member for the SBIA, credited the department for mosque visits and cultural

sensitivit­y training but was critical of the benched officers who “acted in disrespect­ful, ignorant and racist ways.”

“Just as we Muslims have always been so appreciati­ve and fortunate to have the support and friendship of many of the officers from SJPD, to have them stand up for us, defend us … many of us intend to do the same for the department,” Rasheed wrote in an email, saying he was speaking for himself and not the associatio­n.

“Because not all officers are murderers, racists or bigots … as not all Muslims are terrorists.”

Zahra Billoo, executive director for the Bay Area

chapter of the Council on American-islamic Relations, said authoritie­s’ swift rebuke of the Facebook posts was compelling and reassuring, but she emphasized that the scandal raised myriad questions that won’t be easily answered and that patience will wear thin just as swiftly.

“It’s six days later, and they’re not terminated,” Billoo said. “What does it mean to say the right thing and do the right thing?”

Billoo said she also is troubled by how the police group had scores of members who “looked the other way” upon seeing the racist material.

She said she was disturbed that one of the active officers put on leave was once tasked with conducting bias training.

“Who did he train, and

how do we undo the damage?” she said.

“How am I supposed to urge my community, that looks like me, to call this department?”

Haidar points to the current scandal as evidence that not enough action was taken by the department if officers still felt comfortabl­e spouting the bigoted rhetoric.

“They enabled those to continue to say those kinds of racial slurs and the memes, because there were not repercussi­ons when I came forward,” he said.

“Now it’s time for him to move the needle and say, ‘This kind of thing came to light two-and-a-half years ago and we dropped the ball on it, and we have to make it right.’ ”

 ?? COURTESY PHOTO ?? Nabil Haidar, a Lebanese American officer with the San Jose Police Department, filed claims in May 2018 against the department, alleging harassment and discrimina­tion.
COURTESY PHOTO Nabil Haidar, a Lebanese American officer with the San Jose Police Department, filed claims in May 2018 against the department, alleging harassment and discrimina­tion.

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