Times-Call (Longmont)

Los Angeles Times on a California law on racist 911 calls:

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Smartphone videos have given society at large an onthe-ground view of the racism that Black Americans and other people of color are subjected to on an ongoing basis. Sometimes it’s the ever yday racism of people being told to “go back home.” Other times, it’s the horror of police brutality that has targeted Black people in par ticular.

In recent months, the videos have recorded white people calling police, falsely claiming that people of color, almost always Black, are breaking the law when they are birdwatchi­ng, entering an apartment complex where they live, or sitting on a park bench in an upscale neighborho­od.

These have been ugly moments, shocking to many but not to Black people, who are sadly familiar with it. And although these incidents may seem more dismaying than dangerous, Black people know that if police come looking for them, especially after a 911 caller has accused them of threats or assault, the result could be a hostile interactio­n ending in arrest, injury or death, regardless of whether they have done anything wrong. Sometimes the police are summoned even when the accusers are the ones breaking the law, as in the case of the dog walker in New York’s Central Park who called 911 twice on a Black male birdwatche­r who had simply asked her to put her pooch on a leash, as the law requires.

It’s natural for lawmakers to want to do something about these outrage-stirring situations, but such reflexive legislativ­e one-offs, whether in response to headline news or viral videos, seldom solve anything and often carry unintended consequenc­es. Yet California did it again this year with Assembly Bill 1775, signed into law last month by Gov. Gavin Newsom, which turns these false police reports into hate crimes and ups the punishment for them.

Filing a false police report is already against the law. The problem is that law enforcemen­t in California seldom goes after the of fenders. Police don’t want to discourage people from calling if they see something amiss. Still, that’s no reason to give a free pass to obvious fictions that harm innocent people.

AB 1775, authored by Assembly member Reggie Jones-sawyer (D-los Angeles), doesn’t address the main problem, which is the need for better enforcemen­t of the existing law. Nor is it likely to deter people who either don’t realize how racist their police calls are or who are so fired up by their own sense of righteous indignatio­n that they will forge ahead regardless.

Instead, it takes California in the opposite direction from where it’s been headed, by unnecessar­ily criminaliz­ing actions that have been considered infraction­s up until now. It also opens a pathway to lawsuits from people who feel they have been unfairly targeted by false police reports.

It affects only 911 calls, not nonemergen­cy calls. Although that makes sense — the most dangerous situations are the ones that seem urgent and threatenin­g — many if not most of the frivolous calls aren’t made to 911. They’re often petty calls, such as the San Francisco woman who called police to ask whether a little girl had a right to sell bottled water on the sidewalk without a license.

The law toughens the consequenc­es for all types of false 911 reports but adds on more penalties for reports that have targeted someone in a protected class, which raises constituti­onal questions about whether it infringes on freedom of speech. Most hate speech, ugly as it is, is covered by the First Amendment.

San Francisco is on the verge of passing its own version of the law, torturousl­y called the CAREN Act, for “Caution Against Racially Exploitati­ve Non-emergencie­s” — a lame nod to the meme of “Karens,” white women who make these sor ts of calls. It shouldn’t bother.

Reaching into the minds of 911 callers to find out if their false reports were racially motivated opens up thorny legal complicati­ons, forcing courts to decide whether callers knew their reports were false and were motivated by animus against a particular group of people. It’s rare to have cases as blatant as the one from Central Park, where a video showed the white woman explicitly bringing up the birdwatche­r’s race and threatenin­g to use it in her call to police while he sat calmly recording her.

The new law serves as a symbol of support for harassed people of color, but on a practical and criminal justice front, it probably will do more harm than good. It is less likely to bring racists to justice than it is to make well-intentione­d people feel afraid to make a 911 call in unclear but dangerous-looking circumstan­ces, lest they open themselves to misdemeano­r charges and a lawsuit. And that reticence could have tragic results.

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