San Francisco Chronicle - (Sunday)

Ting takes aim at jaywalking law

- By Shwanika Narayan

The video shows two Orange County sheriff ’s deputies wrestling on the sidewalk with a Black man they tried to stop for allegedly jaywalking across a San Clemente street in September. Minutes later, Kurt Andreas Reinhold, a 42yearold father of two, was shot and killed.

In a cell phone recording of the confrontat­ion, Reinhold can be heard asking, “Where did I jaywalk?”

In October 2018, it was Chinedu Okobi who died while being tased and struck with batons by San Mateo County sheriff ’s deputies after he allegedly jaywalked in Millbrae. In April 2017, Nandi Cain was beaten by a Sacramento police officer after allegedly committing the same infraction.

Cain was eventually released without charges. Assembly Member Phil Ting of San Francisco wants to repeal the law that preceded these violent encounters. On Thursday, the Democratic lawmaker unveiled AB1238, or the Freedom to Walk Act, which would decriminal­ize jaywalking across the state.

“Whether it’s someone’s life or the hundreds of dollars in fines, the cost is too much for a relatively minor infraction,” Ting said in a statement. “It’s time to reconsider how we use our law enforcemen­t resources and whether our jaywalking laws really do protect pedestrian­s.”

AB1238 would make it legal to cross a street outside of a crosswalk or against a traffic light when it doesn’t cause an immediate hazard.

As for what constitute­s an immediate hazard, the bill’s sponsors say they are working with law enforcemen­t to determine that.

“We’re focusing specifical­ly on repealing jaywalking laws that prohibit a pedestrian from even crossing midblock or against a light,” Jared Sanchez, of the California Bicycle Coalition, a sponsor of AB1238, said through email.

The bill would also eliminate all fines associated with jaywalking, some of which exceed $250 and are more burdensome for lowincome individual­s.

The state Assembly is expected to begin debate on AB1238 in April.

Supporters of the legislatio­n contend that jaywalking is arbitraril­y enforced throughout California.

“Jaywalking laws do more than turn an ordinary and logical behavior into a crime. They also create opportunit­ies for police to racially profile,” Sanchez said.

A September report from the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area found that Black and Latino California­ns received a higher number of citations for minor offenses like jaywalking or loitering compared to their white counterpar­ts.

The report found that Black adults were up to 9.7 times more likely to be cited than white people. Latinos were up to 5.8 times more likely to be cited. The study analyzed nontraffic citations issued between July 2018 and December 2019 by California’s 15 largest law enforcemen­t agencies, including San Francisco’s police department.

“We spend millions of dollars discrimina­torily enforcing these nontraffic infraction laws against Black and Latinx people,” Elisa DellaPiana, the group’s legal director, said in a statement when the report was released. “The fines and fees are largely uncollecta­ble, but the debt burden, warrants and arrests cause significan­t harm.”

 ?? Rich Pedroncell­i / Associated Press 2020 ?? Assembly Member Phil Ting (DSan Francisco) is the author of AB1238, or the Freedom to Walk Act, which aims to to decriminal­ize jaywalking.
Rich Pedroncell­i / Associated Press 2020 Assembly Member Phil Ting (DSan Francisco) is the author of AB1238, or the Freedom to Walk Act, which aims to to decriminal­ize jaywalking.
 ?? Jessica Christian / The Chronicle 2020 ?? S.F. police officers monitor a street. A bill in the Assembly would decriminal­ize jaywalking.
Jessica Christian / The Chronicle 2020 S.F. police officers monitor a street. A bill in the Assembly would decriminal­ize jaywalking.

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