The Mercury News

Leaders to let people sue over racist 911 calls

- By Janie Har

SAN FRANCISCO >> Fed up with white people calling 911 about people of color selling water bottles, barbecuing or otherwise going about their lives, San Francisco leaders unanimousl­y approved hate crime legislatio­n giving the targets of those calls the ability to sue the caller.

The Board of Supervisor­s voted Tuesday on the Caution Against Racial and Exploitati­ve Non-Emergencie­s Act, also known as the CAREN legislatio­n. It’s a nod to a popular meme using the name “Karen” to describe an entitled white woman whose actions stem from her privilege, such as using police to target people of color.

All 11 supervisor­s signed on to the legislatio­n, guaranteei­ng its passage, despite criticism that the name is sexist and divisive. It comes amid a national reckoning on race sparked by the police killings of Black Americans and instances where white people called for officers to investigat­e people of color.

“We don’t want what happened to Emmett Till in 1955, or the long history of false accusation­s of black men and boys in this country, due to weaponizin­g law enforcemen­t, to threaten, terrorize, and sometimes even kill them, to ever happen again,” said Supervisor Shamann Walton, who introduced the legislatio­n and is Black.

“I really want to emphasize that 911 is not a customer service line for someone’s racist behavior,” he said.

Walton was the only supervisor to speak. Till was a Black teenager beaten to death in 1955 after accusation­s by a white woman who later admitted to lying.

In May, Amy Cooper, a white woman, called 911 from Manhattan’s Central Park, falsely claiming that a Black man — who had politely asked her to leash her dog — was threatenin­g her. She has been charged with

filing a false police report.

In San Francisco, a white couple was criticized on social media after video was widely shared of them questionin­g a Filipino American stenciling “Black Lives Matter” on a retaining wall in front of his home in June. They later called police.

James Juanillo said he chose yellow chalk to match the color of the house. When the couple approached him, they repeatedly demanded to know if it was his home because he was defacing private property.

“They tried to cast it as a criminal scene,” he said. “It was me calmly applying chalk, not spray paint, not in the middle of the night but very deliberate­ly. The only thing that was missing was a pinot grigio.”

Supporters of the legislatio­n say it is crushing to be confronted by police because someone saw you as a threat, possibly as a criminal or as not belonging. It’s especially terrifying for Black people, whose encounters with police could end in violence.

“This is not hyperbole,” said Brittni Chicuata, chief of staff for San Francisco’s Human Rights Commission. “This is an establishe­d

pattern reflected in the disparate treatment of Black people and other people of color in our city and in our country.”

Other places have moved to make placing racist 911 calls a hate crime. California’s governor recently signed a measure making the crime a misdemeano­r punishable by jail time and a fine. New York approved legislatio­n allowing the victims of racist 911 calls to sue.

The San Francisco legislatio­n gives people the right to sue a 911 caller in civil court, and supporters hope it will make some think twice before turning to police. The discrimina­tion need not be only racial; it can also be due to the person’s sex, age, religion, disability, gender identity, weight or height.

The legislatio­n does not spell out the standards needed to sue. But it notes that qualifying calls are those that caused the person to feel harassed or embarrasse­d; damaged the person’s reputation or business prospects; or forced the person from an area where they had a lawful right to be.

The board has received

written complaints from eight people — several whose names have different spellings of Karen — saying they support the legislatio­n but object to its moniker, which they call sexist and ageist.it

Vic Vicari wrote that the insensitiv­e use of the name “as a general purpose term of disapprova­l for middle age white women needs to stop.” Carynn Silva said she loves the name her mom gave her and called it a racist term against white women. Caren Batides asked if the supervisor would want his name mocked.

“Yes, I am named Karen, and I do speak up for injustices on a regular occasion,” Karen Shane wrote. “So could we attempt at coming up with some other

acronym that doesn’t vilify a whole group of people named Karen/Caryn/ Caren?”

Re a ched by phone , Shane, who lives in a San Francisco Bay Area suburb and describes herself as a middle- aged white woman, readily pokes fun at her first name and said she’s aware that even complainin­g about it is something that a “Karen” would

do. But she feels the supervisor didn’t need to cheapen what she agrees is important legislatio­n.

“By using the name CAREN, he’s just perpetuati­ng a racial divide,” she said. “Granted it’s not a protected class, but it’s somebody’s name.”

Walton has dismissed the concerns, saying the legislatio­n does not refer to any individual.

 ?? JEFF CHIU — THE ASSOCIATED PRESS FILE ?? Supervisor Shamann Walton, shown addressing a news conference in July, was among board members on Tuesday who approved new hate crime legislatio­n in San Francisco.
JEFF CHIU — THE ASSOCIATED PRESS FILE Supervisor Shamann Walton, shown addressing a news conference in July, was among board members on Tuesday who approved new hate crime legislatio­n in San Francisco.
 ?? JEFF CHIU — THE ASSOCIATED PRESS ?? Karen Shane would like for people to no longer use “Karen” to describe a specific type of white, middle-aged woman.
JEFF CHIU — THE ASSOCIATED PRESS Karen Shane would like for people to no longer use “Karen” to describe a specific type of white, middle-aged woman.

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