HomeMy WebLinkAboutMINUTES - 09092003 - SD.10 TO: BOARD OF SUPERVISORS x Contra
..
FROM: Supervisors John Gioia and Mark DeSaulnier
Costa
DATE: August 5, 2003
County
SUBJECT: OPPOSE PROPOSITION54-- RACIAL PRIVACY INITIIATIVE lob. Io
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Contra Costa County Board of Supervisors oppose state Proposition 54, slated for
the October 7 ballot, which would prevent the state from asking the race or national origin of
anyone when collecting data about public education, contracting and employment.
BACKGROUND:
See attached.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
I
SIGNATURE{S ; `� UTC)IA e
----------------- - -- ----- _••--_ - _-- - ------- --------------------------------------------- - - --------------------------------
ACTION OF B -D ONS PPROVE AS RECOMMENDED - OTHER
Speaker:Joe Partansky, 1406 Harbis Way, Concord.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: SEPTEMBER 9.2003
CONTACT: JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC:
BY Vii` , DEPUTY
Initiative Text
Proposition 54: classification by Race,
Ethnicity, color, or National Origin Initiative
(CRECNO)
Qualified for the October 7th,2003 ballot.
Prohibition Against Classifying by Race by State and Other Public
Entities
Section 32 is added to Article I of the California Constitution as follows:
Sec. 32
(a)The state shall not classify any individual by race, ethnicity,color or national origin in the
operation of public education,public contracting or public employment.
(b)The state shall not classify any individual by race, ethnicity, color or national origin in the
operation of any other state operations,unless the legislature specifically determines that said
classification serves a compelling state interest and approves said classification by a 2/3 majority
in both houses of the legislature, and said classification is subsequently approved by the governor.
(c)For purposes of this section, "classifying"by race, ethnicity,color or national origin shall be
defined as the act of separating, sorting or organizing by race, ethnicity, color or national origin
including, but not limited to, inquiring,profiling, or collecting such data on government forms.
(d)For purposes of subsection(a), "individual"refers to current or prospective students,
contractors or employees. For purposes of subsection(b), "individual"refers to persons subject to
the state operations referred to in subsection(b).
(e)The Department of Fair Employment and Housing(DFEH)shall be exempt from this section
with respect to DFEH-conducted classifications in place as of March 5, 2002.
(1)Unless specifically extended by the legislature,this exemption shall expire ten years after the
effective date of this measure.
(2)Notwithstanding DFEH's exemption from this section,DFEH shall not impute a race,color,
ethnicity or national origin to any individual.
(f)Otherwise lawful classification of medical research subjects and patients shall be exempt from
this section.
(g)Nothing in this section shall prevent law enforcement officers,while carrying out their law
enforcement duties, from describing particular persons in otherwise lawful ways.Neither the
governor, the legislature nor any statewide agency shall require law enforcement officers to
maintain records that track individuals on the basis of said classifications,nor shall the governor,
the legislature or any statewide agency withhold funding to law enforcement agencies on the
basis of the failure to maintain such records.
(h)Otherwise lawful assignment of prisoners and undercover law enforcement officers shall be
exempt from this section.
(i)Nothing in this section shall be interpreted as prohibiting action which must be taken to
comply with federal law, or establish or maintain eligibility for any federal program, where
ineligibility would result in a loss of federal funds to the state.
0)Nothing in this section shall be interpreted as invalidating any valid consent decree or court
order which is in force;as of the effective date of this section.
(k)For the purposes of this section, "state"shall include,but not necessarily be limited to,the
state itself, any city, county, city and county,public university system,including the University of
California,California State University,community college district, school district, special district,
or any other political subdivision or governmental instrumentality of or within the state.
(1)This section shall become effective January 1, 2005.
(m)This section shall be self-executing. if any part or parts of this section are found to be in
conflict with federal law or the United States Constitution,the section shall be implemented to the
maximum extent that federal law and the United States Constitution permit. Any provision held
invalid shall be severable from the remaining portions of this section.
NO on the Information Ban- Coalition for an Informed California Page I of 10
Coalition for an Informed California
NO ONTITIAKA INFOR,MATION BAN'
117
VOTE NOI October 7, 2003
Proposition 54: Dan erous Deceptive Irresponsible
INFORMATION
HOME > Who's Opposed to the Information Ban?
Facts About the 1-broanizations I Re[! lou
clas I . -1--g...........51 Ind.ivid.ua.1.s I Bar
........... ' _----------------------------
Information As s.od..allon.s
-............... I H:eatft_.QrgAq1zat1ons and ndividuals
............ ---------------
.04n
Who's-opposed Opposition to Proposition 54 (the
to the Information Ban
Information
Ron?
Partial List
Text of
Text..1 HEALTH ORGANIZATIONS:
Initiative
Alameda Health Consortium
The need for American Academy of Pediatrics, California District
reliable American Public Health Association
demographic American Heart Association, Western States Affiliate
information in: Armenian American Medical Society
Asian Health Services
ai ,HIe"ea"-tha-r"e Asian Pacific Islander American Health Forum
B Education Asian Pacific Islander Wellness Center
gi Fighting Association of Asian Pacific Community Health Organizations
Hate Crime and Breast Cancer Action
discrimination Breast Cancer Fund
California Academy of Family Physicians
UPDATES California Association of Public Hospitals
California Center for Public Health Advocacy
m Press' California Conference of Local Health Officers
Releases California Healthcare Association
ai Download California Medical Association
California Pan-Ethnic Health Network
California Primary Care Association
SUPPORT California Public Health Association-North
California Public Health Association-South
Capitol Medical Society
How You Can Center for Environmental Health
Support an Health &Environmental Justice Project
Informed Health Officers Association of California
California Health Services Agency-County of Santa Cruz
http://www.informcdcalifornia.org/endorsers.shtml 8/1/2003
NO on the Information Bail - Coalition for an Informed California Page 2 ot'10
Gi Individuals Healthy Children Organizing Project
B Kaiser Permanente
Organizations La Clinica de la Raza
1B Latino Coalition for a Healthy California
Contributions
.................. Native American Health Center
North Coast Clinics Network
.Conta..0-45, Orange County Asian & Pacific Islander Community Alliance
Contact-------...........
Planned Parenthood Affiliates of California
Physicians for Social Responsibility, San Francisco Bay Area Chapter
Public Health Institute
Rucker's Wellness Center
Trust for America's Health
Women's Community Clinic
HEALTH PROFESSIONALS (titlesincludedfor
identification.purposes only):
Brian Smedley, PhD, National Academy of Science
Dina Burrell, Staff Writer, LA County Medical Association
Dong Suh, Policy and Planning Director, Asian Health Services
Dr. Alberto Bolanos, MD, Surgeon
Dr. Alice Chen, MD, MPH
Dr. Armen Cherik, MD, MBA
Dr. Carmen Nevarez, MD, MPH, Medical Director & Vice
President of External Relations, Public Health Institute
Dr. Darryl Sexton, MD, Health Officer, City of Long Beach
Dr. David McNutt, MD, MPH, Health Officer, Health Services
Agency-County of Santa Cruz
Dr. David Pryor, MD
Dr. Dexter Louie, MD
Dr. Eileen Chun, MD
Dr. Felipe Dominguez, MD
Dr. Frank Staggers, MD
Dr. Glennah Trochet, MD, Health Officer, Sacramento County
Department of Health Services
Dr. Harvey M. Weinstein, MD, Associate Director, Human Rights
Center & Clinical Professor, UC Berkeley School of Public Health.
Dr. Kwabena Adubofour, MD, Fifth Street Medical Center
Dr. La Donna White, MD
Dr. Margaret Juarez, MD
Dr. Michael McLean, MD, MS, Health Officer, Kings County,
Tulare County
Dr. Mylene Rucker, MD
Dr. Nancy Bowen, MD
Dr. Patricia Castaneda-Davis, MD, La Clinica de la Raza
http://www.infon-nedealifomia.org/endorsers.shtml 8/l/2003
NO on the Information Ban - Coalition for an Informed California Page 3 of IU
Dr. Paula Braverman, MD, MPH, Professor of Family and
Community Medicine, UCSF
Dr. Ray Morales, MD, Medical Director, Blue Cross of California.
Dr. Richard Garcia, MD
Dr. Sandra Perez, MD
Dr. Walter Morris, MD
Kristen Marchi, MPH, Principal Analyst, UCSF
Marty Fenstersheib, Health Officer, Santa Clara County
Nina Mulia, DrPH
Patricia Fajardo, RN, MPH
Professor Barbara Anderson, Loma Linda University School of
Public Health
Professor David Hayes-Bautista, PhD, School of Medicine, UCLA
Raul Calderon, Jr., Ph.D, Postdoctoral Fellow, Stanford School of
Medicine
Ruth Roemer, JD, UCLA School of Public Health, Adjunct
Professor Emerita
Sharon Grigsby, ED PHBT Preparedness, County of Los Angeles
Department of Health Services
TOP
PUBLIC OFFICIALS:
California Governor Gray Davis
California Lieutenant Governor Cruz Bustamante
California Secretary of State .Kevin Shelley
California Attorney General Bill Lockyear
California State Treasurer Phil Angelides
California State Controller Steve Westley
California State Superintendent of Education Jack O'Connell
California. Insurance Commissioner John Garamendi
US Congressman Howard Berman, 26th District
California Assemblymember Wilma Chan, 16th District,
Assembly Majority Leader
California. Assemblymember Carol Liu, 44th District
California Assemblymember Carole Migden, 13th District
California Assemblymember Darrell Steinberg, 9th District
California Assemblymember George Nakano, 53rd District
California Assemblymember Jackie Goldberg, 45th District
California Assemblymember Judy Chu, 49th District
California Board of Equalization Chair Carole Migden, District
http://www.informedcalifomia.org/endorsers.shtml 8/l/2003
NO on the Information Ban - Coalition for an Inforrned California Page 4 of lU
1
California Board of Equalization Member John Chiang, District
4
San Diego Deputy Mayor George Stevens
Los Angeles City Councilmember Antonio Villaraigosa
Berkeley City Councilmember friss Worthington
San Jose City Councilmember Terry Gregory
San Francisco Board of Education Commissioner Eric Mar
University of California Regents
TOP
ORGANIZATIONS.
A. Philip Randolph Institute
ACLU of Northern California
ACLU of San Diego
ACLU of Southern California
Alliance of Black NCR. Employees
American Association for Affirmative Action
American GI Forum of California
American Sociological Association
Anti-Defamation League
Architects, Planners & Designers for Social Responsibility
AR.IS of Santa Clara
Asian Americans for Community Involvement
Asian Law Alliance
Asian Law Caucus
Asian Pacific American Legal Center
Asian Pacific Environmental Network
Asian Pacific Islander Legal Outreach
Associated Students of UC San Diego
Association of Multi-Ethnic Americans
Books Not Bars
Butte Environmental Council
California, Black Faculty and Staff Association
California Coalition for Authentic .Reform in Education
California Common Cause
California Faculty Association
California Immigrant Welfare Collaborative
California Labor Federation., AFL-CIO, Oakland
California Latino Civil Rights Network
California National Organization for Women
http://www.informedealifomia.org/eiidorsers.shtml 8/1/2003
NO on the Information Ban - Coalition for an Informed California Page 5 of 1C
California Parent Teachers Association (PTA)
California Prison Focus
California Teachers Association
California Tomorrow
California Women's Law Center
Californians for Justice
Cambodian Association of America
C-Beyond: Youth Making History
Center for Commercial-Free Public Education
Center for Third World Organizing
Center on Race, Poverty & the Environment
Centro Legal de la Raza
Centro Shalom
Chinese for Affirmative Action
Chinese Progressive Association
Clean Water Action
Coalition for Humane Immigrants Rights of Los Angeles
Communities for a Better Environment
Communities United Against Violence
Community Development Institute
Drug Policy Alliance Network
Education Trust West
Ella Baker Center for Human Rights
Equal Rights Advocates
Fresno Center for Nonviolence
Gay / Straight Alliance Network
Greenlining Institute
Growing Children
Hapa Issues Forum
Intergroup Clearing House—Stop Hate Crimes
Japanese American Citizens League –Pacific Southwest District
Civil Rights Caucus
John Gardner Center/Yell Project
Justice Matters Institute
La Raza Centro Legal
Latino Business Association
Latino Council of Marin
Latino Issues Forum
Lavender Youth Recreation and Information Center
Lawyers Committee for Civil Rights
Leadership Excellence
League of Women Voters of California
Legal Aid Society---.Employment Law Center
MALDEF - Mexican American Legal .Defense and Education Fund
httpJ/www.informedcaliforDia.org/endorsers.shtml 8/1 ,
NO on the Information Ban - Coalition for an Informed California Page 6 of 10
Movement Strategy Center
Multicultural Education Training and Advocacy
NAACP
NAACP Legal Defense and Educational Fund
National Black Police Association, Inc.
National Center for Lesbian Rights
National Coalition of Education Activists
National Gay and Lesbian Task Force
National Lawyers Guild
National Organization for Women—UC Berkeley Chapter
National Pacific Islander Educator Network
Natural Resources Defense Council
Neighbor to Neighbor
Organization of Chinese Americans
Pat Brown Institute of Public Affairs
People For the American Way
People United for a Better Oakland
Planning and Conservation League
Progressive Jewish Alliance
Public Advocates, Inc.
San Diego Alliance for Asian Pacific Islander Americans
San Diego County Hispanic Chamber of Commerce
San Diego LGBT Community Center
San Jose-Evergreen Community College District
San Francisco Bay Area Progressive Challenge
San Francisco Black Firefighters Association
San Francisco Board of Education
School of Unity and Liberation
Service Employees International Union California State Council
Service Employees International Union, Local 2028
Services, Immigrant Rights and Education Network
Sierra Club
Sillicon Valley Toxics Coalition
South Asian Network
Speak Out
St. Peter's Housing Committee
Student Empowerment Project
Transportation and Land Use Coalition
UCLA Graduate Students Association
Underground Railroad
United States Student Association
Urban Habitat
Urban League— San Diego
Voluntarios de la Comunidad
http://www.informedealifomia.org/endorsers.shtml 8/1/2003
NO on the Information Ban - Coalition for an Informed California Page 7 of 10
Watts/Century Latino Organization
Women's Foundation
Youth in Focus
Youth Empowerment Center
Youth Media Council
TOP
POLITICAL ORGANIZATIONS:
Americans for Democratic Action
Asian Pacific Islander Democrats of San Diego County
Black American Political Association of California
Los Angeles Democratic Party
Pasadena Young Democrats
TOA
RELIGIOUS:
Rabbi Howard Laibson, Temple Israel, Long Beach
Reverend Cecil "Chip" Murray, First AME Church, Los Angeles
Reverend Norman S. Johnson, Executive Director, Southern Christian
Leadership Conference
Community Homeless Alliance Ministry
Easter Hill United Methodist Church
Interfaith Coalition for Immigrant Rights
Progressive Jewish Alliance
Southern Christian Leadership Conference
TOP
INDIVIDUALS (titles included for identification
purposes ;k�
Aashish Parekh, Teacher, Compton Unified School District
Alma Vegor, UC .Berkeley Student Body Representative
Angela M. Beck, San Francisco, CA
Anthony Garavente, California Faculty Association, Carson, CA
Audrena Redmond, California Faculty Association, Southern
California Political Coordinator,
California State University Dominguez Hills
http://www.informedcalifomia.org/endorsers.shtml 8/1/2003
NO on the Information Ban- Coalition for an Informed California Page 8 of'IU
Catherine Cubbin, Ph.D. Stanford University Research Fellow
Cecil E. Canton, Professor, California State University, Sacramento
Chris Mays, San Francisco State Univesity, Senior Assistant
Librarian
Christine Maitland, National Education Association,
Organizational Specialist
Clifford Hong, JD, Vice Co-Chair, Ethnic Minority Relations
Committee, CA State Bar
Dan Fendel, San Francisco State University, Professor of
Mathematics
Don Hightower, State Coordinator, A. Philip Randolph Institute,
Oakland, CA
Dorothy Chen-Maynard, Program Director, California State
University San Bernadino
Dr. Lewis Call, Lecturer Department of History, Cal Poly San Luis
Obispo
Dr. Muogo Nyaggah, California State University Fullerton
Eloise McQuown, San Francisco State University, Librarian
Emma C. Gibson, Librarian, Cal Poly Pomona
Erik Schnabel, Lavender Youth Recreation and Information Center
Firyali Makau, Community Technology Director, San Diego Urban
League and San.Diego Urban League Young Professionals
Gerald Solomon, JD, CEO, PHFE Management Solutions
Gregory Douglas Chew, San Francisco, CA
Harriet Lord, President of California Faculty Association, Cal Poly
Pomona Chapter
James Smith, California Faculty Association, Los Angeles, CA
Jan Gregory, Lecturer, San Francisco State University
Javier Stauring, Coordinator of Juvenile Detention Ministry, Los
Angeles, CA
Jennifer Sanford, Staff Psychologist, Humbolt State University
John Hess, California Faculty Association, Regional
Representative, Oakland California
Joseph Pasquariello, Oakland, CA
Joseph Torres, Assistant Dean, San Francisco State University
Joyce C. Lashof, Professor Emerita, UC Berkeley
Judith Little, Associate Professor, Department of Sociology,
Humboldt State University
Judith Thigpen, Oakland, CA
Kimberly A. Jameson, Ph.D. Del Mar, CA
Laurie Drabble, Assistant Professor, San Jose State University
Leslie Grier, Assistant Professor, Cal State University Fullerton,
Yorba Linda, CA
Maria Cesena, Student, San Diego, CA
http://www.infonnedcalifomia.org/endorsers.slitml 8/1/2003
NO on the Information Ban- Coalition for an Infortned California Page 9 of 14
Mitch Turitz, San Francisco State University. California Faculty
Association Chapter President
Myrna Cherkess Donohue, Assistant Professor, Coordinator,
Department of Women's Studies
Pat Zambell, Director, Lecturer Support Program, Cal Poly
Pomona
Patricia Soung, Program Fellow, Tides Foundation
Patricia Zavella, Merill College, UC Santa Cruz
Paul Gilmore, Lecturer in History, CSU Fresno
Peter Q. Nguyen, Santa Monica, CA
Professor Alexander Yamato, California State University San Jose
Professor Bede Ssensalo, California Black Faculty and Staff
Association
Professor Chandra S. Brahma, Civil Engineering, California State
University Fresno
Professor Elaine Kim, Asian American Studies and Associate Dean
of the Graduate Division, UC Berkeley
Professor Elaine Peterson, Assistant Professor, CSU Stanislaus
Professor Emeritus Sally Hurtado, School of Education, Sonoma
State University
Professor James Conway, Department of Speech and
Communication, Cal Poly San Luis Obispo
Professor John J. Saraille', CSU Stanislaus
Professor John Travis, Humboldt State University
Professor Jorge Mariscal, Associate Professor, Dept. of Literature,
UC San Diego
Professor Manzar Foroohar, Department of.History, Cal Poly San
Luis Obispo
Professor Margaret Costa, California State University, Long Beach
Professor Patricia Evridge Hill, California Faculty Association, San
Jose State University
Professor R. Jeff Lustig, Government, CSU Sacramento
Professor Robert D. Merill, Geologist, CSU Fresno and California
Faculty Association
Professor Roberta Ahlquist, San Jose State University, San Jose
Professor Rose Marie K.eelan, Department of French, California
State University Fresno
Professor W.M. Littell, Emeritus, San Francisco State University
R. Eunice Aaron, Lecturer, San Francisco State University
Rachel Jackson, State Field Director, Books Not Bars
Rhonda Sarnoff, Policy Analyst, Berkeley, CA
Roberta Welling, Research Scientist, Berkeley, CA
Sally Hurtado, Retired, School of Education, Sonoma State
University
http://www.informedcalifomia.org/endorsers.shtml 8/1/2003
NO on the Information Ban- Coalition for an Informed California Page 10 of l0
Sara Peterson, Project Direct, UCSF
hifra Goldman, Los Angeles, CA
Susan Meisenhelder, President, California Faculty Association
Taeku Lee, PhD, Assistant Professor, Department of Political
Science, UC Berkeley
Thomas Wei, Berkeley JACL Civil Rights Chair, JACL Berkeley
Chapter
Tom Rivera, Associate Dean, CSUSB
TOP
BAR ASSOCIATIONS:
Alameda County Bar Association
Asian Pacific American Bar Association
Black Women Lawyers Association of Los Angeles
California Association of Black Lawyers
California Coalition for Civil Rights
California Women Lawyers
Charles Houston Har Association
East Bay La Raza Lawyers Association
Earl B. Gilliam Bar Assoc.
Foothills Bar Association of San Diego County
John M. Langston Bar Association, Los Angeles
Lawyers Club of San Diego
National Bar Association, Region IX
Pan Asian Lawyers of San Diego
Philipino American Lawyers Club of San Diego
San Diego County Bar Association
San Diego La Raza Lawyers Association
San .Francisco Bar Association
South Asian Bar Association
Tom Homann Law Association
TOP
C) Copyright 2002 by the Coalition for an Informed California
http://www.informedcalifomia.org/endorsers.shtml 8/1/2003
Education: Information Equals Accountability and
Results
Education is the foundation of success for our society as a whole and for each individual.Providing good educational
opportunities to all communities and to all students is the linchpin of a democratic society.But we know there are
education gaps in California:African American and Latino students have fewer and worse educational opportunities,
and as a result fewer African American and Latino students graduate from high school and college.
How do we know this?Because the state of California and local school districts keep track of the educational
achievement of different groups of students--and how weN schools are doing to provide them with opportunities.
Local communities and communidy groups,statewide and regional reform movements,and the state itself are ail able
to use this information to help develop ways to bridge the gaps. We're making progress,but there's a long way to go.
Educational opportunity gaps are a serious challenge In California
and need to be addressed.
A.Latino and African students have less access to courses that teach more challenging subject matter.
• Unequal access for high-scoring students.According to Professor Jeannie Oakes,who has extensively
studied the distribution of educational opportunities in California,data shows that,"African American and
Latino students were much less likely than white or Asian students with the same test scores to be placed
in accelerated courses.,,
• Fewer AP opportunities.Studies by the highly respected Tomas Rivera Policy Institute prove that the
higher the percentage of Latino and African American students at a school,the less likely a school is to offer
AP courses.
D.Students of color get fewer financial resources.
• Per capita spending.In California,districts with the highest minority enrollments have$225 less instate and
local funding to spend per student than the lowe4minority districts. That equals a total$5,575 for a typical
classroom of 25 students. {EdTrust"State Summary of California"}.
E.African American and Latino students have fewer trained teachers.
• Fewer certified teachers.According to the California Department of Education,the higher the proportion of
Latino and African American students in a school,the lower the percentage of trained,certified teachers.
Lower general education and experience levels.A recent report from the Public Policy Institute of
Cali€ornia documented that Asian and White students in California are taught by teachers who are more
experienced,better educated,and more likely to be fully credentialed.
F.Latino and African American students are far more likely to attend dysfunctional,multi-track,year-round
schools,with fewer school days,and schedules that disrupt learning.
1
• Multitrack Year-Round Schools.To deal with severe overcrowding,many schools in the state have
adopted multitrack,year-round calendars. California has 1,035 multitrack campuses serving more than 1
million students,primarily in poor and minority communities."If you wanted to destroy public schools,you'd
start with year-round schedules,"said English teacher Richard Cunningham,of Hollywood Nigh School.
"In a well-intentioned effort to solve overcrowding,we have exacerbated inequities in schools,,"said Jeannie
Oakes,Professor of Education at UCLA's Graduate School of Education and Information Studies."People
with more privilege and political clout don't want their children in these schools"(Los Angeles Times,
11/20/2000)
Wide academic achievement gaps exist in California.
The College Board has called the racial achievement gap in education"the most important educational challenge for
the United States."In California,the education achievement gaps are a serious challenge for systern-wide reform and
must be addressed by our communities,our schools,and our state.
A.Test scores reveal serious gaps In reading and math.
• SAT-9.SAT-9 scores provide a snapshot of the significant racial and ethnic differences in educational
achievement.While 67%of white students score above the 50th percentile in math,only 30%of African
American students and 35%of Latino students do.Likewise,while 62%of white students score above 50th
percentile in reading,only 28%of African American and 23%of Lati no students do.(California Department of
Education),
• High School Exit Exam(HSEE).The recently instituted high school exit exam,which will become a
requirement for graduation,also reveals clear disparities.According to Secretary of Education Kerry
Mazzoni,"We certainly have to address the achievement gaps." In Math,64°1x,of white students passed,
while only 24%of African American students and 25%of Latino students did.In reading,82%of white
students,but only 50%of African American students and 48%of Latino students passed.Students must
pass both tests in order to graduate and get a diploma.(Sacramento Bee,Oct.4,2001),
B.More Native American,Latino and African American students drop out of school and fewer Latino and
African American students graduate from high school.
• Statewide dropout rates.Racial disparities also exist in dropout rates.Over the course of four years,drop
out rates for Native American,Latino,and African American students were twice as high as the drop-out rate
for Mite students in the 1997-1998 school year.(CBEDS in<www.ed-data.kl2.ca.us>)
• Local dropout rates.Data points to similar dropout disparities within individual districts,as well. For
example,in East Side Union High School District In San Jose,Latinos comprise 40010 of the student
population,but 61%of the dropouts.(CFJ Education Fund,2001).
• Graduation rates.Similar race disparities in graduation rates exist. For example,all ethnic groups except
for Latinos complete high school at rates over 90°/o:for U.S.born Latinos,the number is 81%,and for
foreign-bom Latinos it is only 41%.(Public Policy Institute of California(November 2001)."At Home and in
School:Racial and Ethnic Gaps in Educational Preparedness."
http;!/ ,v.opic.orgJpublications/CalCounts9/caicounta2 nrrfi),
C.Fewer Latino and African American students meat California's minimum college eligibility standards.
• College eligibility gap.Students who want to attend UC or Cal State must meet minimum academic
eligibility requirements,known as"A-F"requirements. On average for 1998,only 28%of African-American
students met those requirements,compared to 59%of Asian students and 41%of white students.
2
_ ..
D.Fewer Latina and African American students attend and graduate from college.
• African Americans comprised 7.3%of total high school graduates statewide,but only 1.2%(male)and 2.1%
(female)of students enrolled in California colleges and universities in 1999. ("The Road We Trod: The Black
Struggle for Higher Education in California",by Walter R.Allen,Marguerite Bonous-Hammarth,and Robert
Teranishi).
• Close to 76%of all African American students in public elementary schools graduate from high school,but
only 13%go on to graduate from UC and CSU. By contrast,78%of Asan elementary students and 86%of
whites graduate from high school,and 40%of Asians and 25%of White students eventually graduate from
UC and CSU.(Allen,Bonous-Hammarth,and Teranishi).
• In 1998, 10%of Hispanics aged 25 to 29 held a bachelor's degree,compared with 32%of non-Hispanic
whites(the largest gap in the last 30 years).(RAND Education:Center for Research on Immigration Policy,
Georges Vemez and Lee Mizell).
• In 1998,only 50%of foreign-bom Hispanics had high school diplomas,compared with 80%of native-born
Hispanics.(Vemez and Mizell).
• Of those immigrants with high school diplomas,only 20%went on to college,compared with 50%of Hispanic
US natives.(Vemez and Mizell).
E.The achievement gaps exist within individual schools who otherwise might not see a problem.
+ In Capuchino High School in San Mateo County,for instance,the school as a whole outscored the state
average,but Latino students as a group scored 99 points below white students as a group.(School
Accountability Report Card,2004-2441,San Mateo Union High School District).
California needs accurate information in order to tackle its education
gaps.
A.The State of California has begun to use data on race and ethnicity to hold schools accountable for
educating all students.
California implemented The Public Schools Accountability Act in 1999. The principle behind this Act is a commitment
to providing access to high quality education to every student with a special emphasis on closing the gaps in access to
resources and achievement between ethnic groups.
+ The Academic Performance Index(API)The API measures the performance of each school with regard to
this goal,providing resources to help eliminate disparities.Schools are ranked based on the API(which is
based on SAT-9 scores). For purposes of measuring and rewarding improvement,schools are compared to
other schools with similar demographic characteristics. (Cal.Educ.Code§52056).There is broad bi-
partisan national support for this goal and these methods;President Bush's education plan articulates as one
of its primary goals to"close the achievement gap between disadvantaged and minority students and their
peers,"and recognizes that race and ethnicity-specific accountability data are an important tool in that effort.
• immediate InterventionlUnderperforming Schools Program.Under the Public Schools Accountability Act
of 1999,schools that are deemed"underperforming'based on their API scores become eligible for
assistance from the State. External evaluators must identify weaknesses that contribute to the schools
below average performance and develop action plans to improve performance. In doing so,the evaluator
should consider data,including race and ethnicity data,in considering whether all groups and types of pupils
make adequate progress toward shortterm growth targets and long-term performance goals. (Cal.Educ.
Code§42054).
3
• Nlgh School Exit Exam.Under Cal,Educ.Code§60855,the Superintendent of Public Instruction is
required to contract for an independent evaluation of the new HSEE,including performance data
disaggregated by ethnicity.
B.Local school districts use data on race and ethnicity to identify problem areas and develop smart programs
• Many school districts are using the information they get from tracking academic achievement gaps to create
innovative programs and generate compelling successes.AVID,a program in San Diego,places African
American and Latino students in a special college prep study program that provides study skills,test-taking
skills,and guidance.88%of the students go on to college.(NW Regional Education Laboratory, "Closing the
Achievement Gap Requires Multiple Solutions,,' (http:tlwvvw.nwrel.orofcnorwAnfolinelmay971articie5.html)
• At T.Smedberg Middle School in Sacramento,the principal looked at academic achievement gaps and
designed a series of town hall-style meetings with parent groups to come up with collaborative solutions.The
superintendent of the school district reports positive results from other such meetings.(Education World,
2002,hft%fieducation-world.com/a imsues 04.shtmi).
C.Statewide and regional school reform efforts rely on information about race and ethnlcity to create
Innovative new strategies for bridging education gaps.
• The Small Schools Movement,One education reform that has gained popularity is the small schools
movement, Huge urban schools with thousands of students are broken into small schools within schools,
with no more than 500 students. Data demonstrates that students of color and low-income students in
particular benefit greatly from these innovations,but without the ability to measure results,this innovation
would never have gained momentum.(Kathleen Catton, 1996.httn'jlwww nwrei orc sopdfsirsf10fc020 html).
D.Community-based groups use race and ethnicity data to flag areas of Improvement and develop local,
community-based Intervention programs.
• The Bay Area School Reform Collaborative(BASRC).This regional education reform collaborative works
on reforming schools in the Bay Area to increase student achievement,close the achievement gap,and
create lasting organizational change in the schools. BASRC uses school and state race and ethnicity-
specific data to measure problem areas and track the results as it works to help close the achievement gap
in individual schools.
• 100 Black Hien of Los Angeles.The group started the Young Black Scholars Program because of the
extremely high dropout rate for young black men. They would not have this information without racial data
collected by the State.
4
Health . Information Equals Prevention, Early Treatment,
and Better Science
"Health data about racial and ethnic groups continues to be extremely useful in developing understanding about differences
about health status.Since this information assists us in making wise health investments,why would you take information that's
useful and say it's against the law?It's a lift bit like burning books.'
--Carmen Nevarez MD,MPH,Medical D€rector,public Health Institute
Healthcare for kids,for families,for seniors,and for our communities requires a commitment not just to individual care,but to the
science that helps us track,understand,prevent and respond to disease. We use health data on race and ethnicity to understand
who is most afteted by certain diseases and health threats,to create prevention programs tailored to different communities and
cultures,and to determine when our medical system faits to reach and treat a particular community.Healthcare experts agree
that there are significant disparities and differences in treatment,disease patterns,and risk behaviors between different racial
and ethnic groups that persist even when we look at groups that are from the same socio-economic status.
Vital statistics such as birth and death certificates,anti-tobacco use education programs,culturally speck teen suicide
prevention programs,and a host of otherprograms use information about race and ethnicity to help healthcare professionals
address those disparities and make smart decisions about using our state's hea#hcare resources. Connedy's initiative would
make it much harder for them to do that because k bans virtually all state and local public health data and provides only an
exemption for"medical research,"which is a term that covers only a narrow range of health-related research.
Different racial and ethnic groups face different challenges in terms of
healthcare access and use, disease patterns, and exposure to
environmental health hazards.
A.There are significant differences in health status and healthcare between racial and ethnic groups.
• Systematic racial disparities.A report commissioned by the U.S.Congress from the Institute of Medicine released
this year investigated the causes of the racial and ethnic differences in health status in America today. The report
clearly demonstrated that the differences are significant,and that there are important differences in the type of care,
the quality of care,and the availability of health care between whites and racial and ethnic minorities.
• Race a factor;other factors controlled.The report also evaluated the extent to which racial and ethnic differences in
health care are related to bias and discrimination,by factoring out such known factors such as Income or access to
care.
• Inferior,life-threatening treatment.Numerous differences were documented.For example,minorities receive inferior
medical care even when they have comparable medical insurance.African-Americans are 3.6 times more likely than
whites to have their lower limbs amputated as a result of complications from diabetes.African-Americans were 9f3 less
likely than whites to have life-saving heart procedures recommended by their doctors.(Unequal Treatment:
Confronting Racial and Ethnic Disparities in Hea/fh Care,institute of Medicine,Brian D.Smedley,Adrienne Y.Stith,
and Alan R.Nelson,Editors,2002)
8.Disease patterns vary greatly between racial and ethnic groups.
• Breast cancer mortality.Overall,white women have the highest incidence of breast cancer;however,African-
American women have a higher mortality rate than their white counterparts.(Breast Cancer Facts 2001,The Breast
Cancer Fund,2009).
• National origin a factor.Asian women are four to seven times less likely to develop breast cancer than American
women;yet when Asian women migrate to the U.S,their risk of breast cancer rises by 60 percent over two decades.
(Breast Cancer Facts 2001,The Breast Cancer Fund,2009).
• Cervical cancer.Vietnamese women have the highest invasive cervical cancer incidence rates of all women and
Latino women rank second highest.
C.Environmental health hazards are disproportionately concentrated in communities of color.
• Pollution hazards.There is now a significant body of empirical literature documenting that minorities are more likely to
live near abandoned waste dumps,hazardous waste treatment,storage&disposal facilities(TSDs),or facilities that
release toxic chemicals;to live in areas that fail to meet the Clean Air Acts health based standards;to suffer from
childhood lead poisoning or pesticide-related illnesses,and to eat contaminated fish,
• Lead poisoning.African-American children are five times more likely than white children to suffer from childhood lead
poisoning—widely recognized as the most serious environmental health hazard facing young children. (46 Morbidity
and Mortality Weekly Report 14 i, 1997)
• factors other than race statistically accounted for.These studies take into account income,education,and other
factors,thus clearly identifying that race or ethnicity is the most important reason for the disparities in environmental
harms. (Not Just Prosperity:Achieving Sustainability With Environmental Justice,Benjamin Goldman,1994)
• Specific examples.Many studies confirm that significant environmental disparities exist in California.
✓ The Bayview Hunters Point section of San Francisco,where 91%of the residents are people of color,has
ten times as many contaminated water dischargers on a per capita basis as the rest of San Francisco,four
times as many as many polluted air dischargers,five times as many facilities storing acutely hazardous
materials,three times as many leaking underground storage tanks,and four times as many contaminated
industrial sites.(Hastings West-Northwest Journal of Environmental Law and Policy,Clifford Rechtschaffen,
1996),
✓ The South Central Los Angeles community encompassed by the 94958 zip code,which is 5911/o black and
38%Latino,has five times the level of hazardous materials emissions as the next worst zip code in the state.
("California's i~ndangered Communities of Color,,,Environmental Justice and Equal Protection, 1994). In Los
Angeles County as a whole,studies show that high capacity hazardous waste management facilities are
disproportionately located in minority communities.(Urban Affairs,Manuel Pastor,2901).
✓ In Los Angeles and surrounding counties,the percentage of minority residents is positively linked with the
likelihood of living near a facility that releases toxic chemicals covered by the federal right io-know law,
including releases that pose the greatest health hazards. (Economic Development Quarterly,James Sadd,
at al, 1999).
The Connerly initiative takes important tools and information away from
healthcare providers.
A.Doctors and public health experts will be barred from collecting and using critical information.
• The backbone of public health research.Vital statistics,which are gathered from birth and death certificates,would
be jeopardized by the Connerly Initiative;this information illuminates disease and mortality patterns and how they
affect racial and ethnic groups differently.
• Population-based studies.Surveys,questionnaires,public health databases,and risk behavior assessments would
no longer allow the analysis of how health risks and behaviors are different between different communities,
• Data for tailoring programs.Prevention and treatment programs designed to meet the health needs of particular
communities would no longer be able to use data to target resources where they'll have the most impact.
B.The so-called"medical"exemption Is a public relations ruse and falls to recognize how our healthcare and public
health systems work.
• "Medical research"doesn't cover health system's needs.The Connedy Initiative attempts to allay fears about its
impact on healthcare by including an exemption for"otherwise lawful classification of medical research subjects and
patents,"but the term medical research,it is generally agreed,refers to controlled experiments that involve a group of
patients,or research subjects,who are aware of their involvement in a medical research project and who give consent
to participate in an experiment as a subject.
• Critical sources of information will be lost.The narrowly crafted provision doesn't cover a large amount of the
information needed to protect public health and advance healthcare and disease prevention,That information comes
from surveys,questionnaires,interviews or epidemiological research. Data on race and ethnicity are extracted from
public health and other records collected by pubic agencies--all of which will be off-limits if the Cormerly Initiative
passes.This demographic data is NOT obtained through"medical research"of any kind.
Doctors and public health experts use race and ethnicity data to
understand disease, to prevent it, to treat it early, to limit environmental
health hazards, and to allocate resources intelligently.
A.Racelethnicity Information helps us understand disease.
• The uses of vital statistics.Data that is collected on birth certificates,death certificates and other health forms is
used to measure the incidence of disease,to focus research in order understand the factors that cause disease spread
and population susceptibility or resistance,and to help understand why outbreaks of disease occur and how to prevent
new outbreaks.This data is also used to understand growth patterns of various populations that might need different or
specialized care and to help hospitals,physicians and other scientists plan for that care.All information that helps
pinpoint the 4risk population helps speed progress toward an answer and conserves precious resources.Often,
ethnic or racial factors are useful in that analysis.
• Differences In morbidity.Under this initiative,public health researchers would not be able to collect and analyze
death certificate data that allows for the enumeration of differential death rates for different conditions.Therefore,we
would not know that suicide is one of the top ten causes of death in Asian women,that HIV/AIDS is 18 times more
likely to be the cause of death in African Americans and five times more likely in Hispanics compared to whites,or that
Alzheimers Disease is one of tie top ten causes of death only among whites(8th).
• Academic research.Under this initiative,researchers employed by our state universities might not be able to continue
their groundbreaking work in understanding the causes of health disparities.To cite just one example,Drs.Eugene
Washington and Eliseo Perez-Stable at UCSF found that African Americans have a much higher death rate from lung
cancer and that only some of the disparity can be attributed to known factors such as smoking rates and healthcare
access.They identified doctorlpatient interaction and communication as crucial both to prevention and early treatment
• Health surveys.Population studies,such as the California Women's Health Survey,which looks at topics ranging from
insurance status,access to health care,reproductive health,sexually transmitted diseases,maternal and child health,
caregiving,stress,mental health;prenatal care,nutrition,hunger,domestic violence,disability and chronic pain,
gynecologic cancers,breast cancer,HIV testing,breastfeeding and aging women,would no longer be able to collect
information about race or ethnicity,making their findings significantly less useful for public health planning.
B.Racelethnicity Information helps us create prevention programs that serve the different needs of different
communities.
Why racelethnlcity Is crucial.Prevention programs rely on race/ethnicity information in three ways:
V to identify the populations most at risk for a particular health problem
✓ to pinpoint the precise nature of these risks(for instance,a certain population might not seek care for a
health condition until the problem is more serious and less treatable)and to develop methods to reduce them
✓ to design public education and outreach programs that inform communities about health issues and
challenges in messages and media that reach them best
• Tobacco use prevention.One of hundreds of examples of programs aimed at understanding and preventing a health
risk is tobacco prevention work.In order to carry that work out,public health researchers,scientists,and others are
studying how best to address the problem of tobacco use in particular communities that have a disproportionately high
rate of tobacco use.A recent grant from the state of California is enabling researchers at USC to do just that:the
research is looking at ways to reduce tobacco use in Callfornigs growing Latino community.Down the line,such
research is a good investment
• Suicide prevention.Another example of research informing good decisions:in San Diego,information collected by
beat school districts found that Filipino girls reported having the highest rate of suicidal thoughts. Based on this
knowledge,the Union of Pan Asian Communities,a local service organization,has developed a successful suicide
prevention program to reach out to these young women and help them--before!Cs too late.No dollar value can be put
on such programs.
• Tailored health messages.Research shows that women of different national origins often respond better to public
health messages that recognize cultural differences.University of Cdffomia researchers,for instance,reviewed data
that showed pap smear rates were lower among Latina Immigrant women and are now testing messages to identify
messages that will work best,
C.Race/ethnicity Information helps us screen for diseases and treat people earlier,saving dollars and lives.
Cancer screening and detection.The State of Callfornia's Breast Cancer Early Detection Program specifically targets
women of lower socioeconomic status and minority racial/ethnic groups in order to improve breast cancer survival rates
and reduce stage-at-diagnosis(so that survival rates will be higher).If this program proves effective,the potential
savings in lives and dollars will be enormous.Dr.David Delgado is currently analyzing the success of early breast
cancer detection models using health data that Includes race and ethnicity.
D.Race/ethnlclty Information helps us counter environmental Injustice.
• Local and state accountability systems.Local agencies would be precluded from analyzing whether a proposed
project would have a disproportionate environmental impact on African American,Latino,or other communities of
color,as is currently required under the California Environmental Quality Act(CEQA). Likewise,measures that attempt
to minknize the disproportionate impact of environmental hazards of a proposed project on communities of color might
be invalid.This would directly undermine recent state legislation requiring Cal/EPA to ensure that environmental justice
considerations are addressed in carrying out reviews under CEQA.
• Air pollution Impacts.Local and state air districts,including those that have recently adopted environmental justice
policies(such as the California Air Resources Board,the South Coast Air Quality Management District, and the Say
Area Air Quality Management District),could be barred from gathering data about the cumulative exposures and health
risks faced by communities of color,and requiring permit conditions to address these cumulative impacts.
• Future efforts.Future efforts to address environmental injustice,such as measures that would require applicants for
toxic facififies to provide data about the racial and ethnic composition of impacted communities(such as those passed
by the California legislature in the early 1990`s but vetoed by Governor Pete Wilson)would be barred,
E.Racelethnicity information helps us allocate resources better.
• Efficacy and cost-effectiveness.Health information that is broken down by race and ethnicity allows health officials
and medical providers to better identify the highest risk populations and aim early diagnostic and preventive services
accurately.California has one of the most racially diverse populations in the country. Without data on race,public
health departments will not be able to efficiently and costeffectively provide lifesaving education and care where they
are needed.
• A huge financial and medical risk.No one yet knows the cost of NOT creating targeted prevention programs,but
public health experts are alarmed at the possible costs society may incur by neglecting such useful data.What are the
long-terra costs to society of not conducting smart substance abuse public education efforts' Nobody knows,but they
could be very great.What are the long-term costs of not knowing which groups need what kinds of early screening?
Again,nobody knows,but those involved in the field guess that the larger social costs will be extremely high.
• Jeopardizing future funding streams.In the mid-1999s,the federal government began to provide funding to states
under grants through the National Institutes of Health's new Center for Research on Health Disparities to innovative
approaches to addressing health disparities,but in order to qualify for those funds,states,universities,and local
governments applying for them will need to have access to and be able to analyze and sort the very information
banned by this initiative.in fact,Dr.Lubin,a California pediatrician,wrote that,if this initiative were to pass,'we could
not collect the necessary information to submit such an application,and children as well as adults in this state who
could benefit from the research conducted in such a center,would unnecessarily suffer."
The wrong Rx: An Open Letter to ward Connerly on the public health
impact of your so-called "Racial Privacy„ Initiative.
Mr. Ward Connerly
2215 21st Street
Sacramento CA 95818
Dear Mr. Connerly,
As doctors, healthcare workers, healthcare providers, and
specialists in public health, we are writing with an urgent request. We
urge you to tell Californians the truth about the impact that the
Classification by Race, Ethnicity, Color and National Origin (CRECNO)
initiative will have on their families' health.
This initiative, which you worked hard to qualify for the ballot
in March 2009, will have a devastating impact on the health of
communities across California. The initiative would bar public agencies
from compiling or using information about race and ethnicity, creating
unacceptable barriers to our crucial task of eradicating preventable
disease, premature death, and disability.
You pose the question: "Why should it (race) matter to the
government?" For us, the answer is simple. Disease is not colorblind.
It affects people of different races and ethnicities in a multitude of
ways, for a multitude of reasons. If we do not chronicle these
differences, we cannot effectively fight disease.
You state that the initiative includes an exemption for medical
research and treatment. Unfortunately, this exemption is too narrow to
protect public health. Let us be clear: the exemption covers only
"medical research subjects and patients." The initiative would
eliminate statistical information health care providers need to provide
quality care to Californians, prevent disease and save lives.
Disease is not only fought in the individual doc'tor's office. When
medical professionals tackle problems like cancer, teen smoking or lead
poisoning, we rely on data from surveys, questionnaires, interviews,
and epidemiological research. Information on race is extracted from
records collected by public agencies -- exactly the kinds of records
that will be off-limits if the "Information Dan" Initiative passes.
For example, in Alameda County, where African Americans have the
highest rates of illness and death across a variety of health
conditions, scientists with the Public Health Department use a wide
range of information, including birth and death registries and motor
vehicle crash data, in their efforts to improve community health.
County epidemiologist Jane E. Martin, Dr.P.H., notes, "A ban on
collection of race/ethnicity data would severely hamper our efforts to
improve the health of Alameda County residents through targeted
prevention programs."
There are numerous well-documented differences in health status
between racial groups. Indeed, the Institute of Medicine commissioned
by the U.S. Congress recently released a 900-page report entitled
"Unecual Treatment: Racial and Ethnic Differences in Health Status, "
which details hundreds of studies that document inequitable treatment
due to race.
We need access to a full range of information in order to address
these startling health disparities And we need information in order to
improve the health of all Californians. For while this initiative may
mask many differences in the way that disease and prevention efforts
affect us, it cannot make them disappear.
if your initiative passes, real facts would be hidden from us: we
would not know that suicide is one of the top ten causes of death in
Asian women; that white women are more likely to get breast cancer, but
African American women are more likely to die from the disease; or that
Alzheimer's Disease is one of the top ten causes of death only among
whites.
Eliminating this information will cost all Californians dearly. if
we cannot illuminate these health trends, we cannot effectively fight
them. From AIDS and lung cancer to adolescent weight problems and
childhood diabetes, the most effective prevention programs carefully
target the communities that are the most at risk. Your initiative would
turn prevention into a guessing game rather than a knowledge-driven
science, forcing us to take a one-size-fits-all approach to public
health. This constitutes an unacceptable waste of taxpayers' money and
an unconscionable failure to use crucial tools to help save lives.
Only by carefully monitoring health disparities can we develop
solutions that benefit all Californians' health. Mr. Connerly, we urge
you to not allow your dream of a racially blind society to blind you to
the very real needs of our communities. We urge you, instead, to
acknowledge publicly the devastating impact that this initiative would
have on all Californians' health.
Sincerely,
American Academy of Pediatrics, California District
American Public Health Association
Asian and Pacific Islander American Health Forum
Breast Cancer Action
California Academy of Family Physicians
California Association of Public Hospitals and Health Systems
California Black Health Network
California Center for Public Health Advocacy
California Latino Medical Association
California Medical Association
California Primary Care Association
Health Access California
Latino Coalition for a Healthy California
Minority Health Institute
Planned Parenthood Affiliates of California
Prevention Institute
Public Health Institute
Southern California Public Health Association
(partial listing)
Fighting Nate Crime and Discrimination:
Information Equals a Commitment to Fairness And
Continuing Progress
The Information Ban is based on the idea that it isn't important to keep track of local and statewide social patterns and
problems that just having a law against hate crime or discrimination is enough.But serious hate crime and anti-
discrimination laws include individual reporting mechanisms that cover all the critical information,as well as overall
reports that can be analyzed to give us more knowledge about where the problems are occurring and how severe they
are. Tracking race and athnicily on hate crime reports and forms,for instance,helps us know when an outbreak of
tension and hostility between two groups needs focused attention.A system that relies on enforcement of individual
complaints alone and does not even include all the information necessary to understand those complaints is,simply
put,window-dressing.
Despite Progress, Nate Crime and Discrimination Are Still a Reality
in California
A.Despite our progress in understanding and responding to hate crime,bate crimes based on a person's rase
or ethnicity stili occur in California.
• Hate crime based on race or ethnicity is the largest category.There were 1,957 hate crimes reported in
California in 2000;63%were based on a person's race or ethnicity.("Nate Crime in California 2090
Highlights,"California Department of Justice,Criminal Justice Statistics Center,2401).
• African Americans are largest racial/ethnic group targeted.The largest group of people who were the
victims of hate crime were African American,accounting for 31%of all hate crimes in California.("Hate Crime
in California 2000 Highlights,'California Department of Justice,Criminal Justice Statistics Center,2041).
• All ethnlcitles are affected by hate crime.People of all ethnicities report being the victims of hate crime;
anti-white hate crime accounted for 7.4%of the hate crime total.("Hate Grime in California 2000 Highlights,"
California Department of Jusice,Criminal Justice Statistics Center,2001).
• Hate crime reports are rising.Reports of race-based hate crimes increased in Los Angeles County by
221%from 1999 to 2040.(„2440 Hate Crime Report,"Los Angeles County Commission on Human
Relations,2041).
• Personal effects of hate crime are devastating.According to University of California researchers,people
who experience hate crime report high levels of psychological distress,including posttraumatic stress
disorder,depression,and anger.(APA Monitor,1998,hh p.11vrww,ana QW(lnonitor an9&hate.htrrrl).
• Race-based crimes tend to involve more violence.Studies show that hate crimes based on race(along
with those based on sexual orientation and gender)tend to be more violent than other hate crimes and also
more brutal than other violent crimes that are not motivated by hate.CA Profile of Race-Based hate Crimes,"
Dr.!Caren Umemoto,Lewis Center for Regional Policy Studies,1989)
• Hate crime emerges in patterns.Certain types of race or ethnicity-based hate crimes tend to cluster in
particular areas where the population has particular characteristics,flagging the need for both mapping the
crimes and tracking the race or ethnicity of the victms in order to understand the different phenomena and
respond appropriately.("A Profile of Race-Based Hate Crimes,"Dr.Karen Umemoto,Lewis Center for
Regional Policy Studies,1999).
1
B.Discrimination In employment continues in some workplaces in California.
• Race,ethnicity,national origin-based employment discrimination persists.There were 27,999 reports
of employment discrimination in California in the year 2000,and race/color was the number one category.
National ori lnlancestry was the sixth highest category of reports.(Department of Fair Employment and
Housing,2000 data).
• All ethn€cities affected;African Americans targeted most.People of all races report being discriminated
against in employment on account of their race,but over 49%of the race-based employment discrimination
reports were by African Americans.(Department of Fair Employment and Housing,2000 data).
C.The housing market In California is still not free of discrimination.
• Racelethnicity discrimination In local rental markets.Studies document continuing discrimination in
California's rental markets.In places as different from one another as the San Fernando Valley,Merced,Los
Angeles's itoreatown,and Berkeley,"testing"of the rental market reveals significant discrimination against
people of many different races and ethnicities.In all of these testing sites,discrimination was found in more
than 30%of the rental locations,("The Story of Housing Rights,Inc."www.housigdghts.orgthistory.html.
1998;"Racism Exists in Apartment Rental Market,Study Finds,'Merced Sun-Star online,January 24,2002;
"Mi Casa los No Su Casa,"Los Angeles Times.November 21,2001)
• Race,ethnicity,and national origin are largest share of statewide complaints.Race/ethnicity and
national origin are the number one and number two bases of housing discrimination complaints made to the
Department of Fair Employment and Housing.(Department of Fair Employment and Housing,Data Tables,
2000).
• Discrimination persists.Over 3490 cases of racelethnicity-and national origin-based housing
discrimination complaints were filed with the DFEH between 1992 and 2000.(Department of Fair
Employment and Housing,Data Tables,2000).
• Redlining affects communities of color.Insurance companies continue to provide a lower level of access
to communities of color.According to an analysis prepared for the Senate Committee on Insurance,in a
preliminary analysis of 1997 and 1998 insurance data on underserved communities,the California
Reinvestment Committee concluded that,"there was substantial reason to be concerned that insurance
policies feature elements suggesting discrimination based on race,income,and geography."(Senate
Committee on Insurance,SB 834(Escutia)Bili Analysis,April 4,2001).
The Connerly Initiative Would Nuke It Impossible to Gather Data and
Report Patterns on Race- or Ethnicity-Based Nate Crimes and
Discrimination
A.Federal hate crime data from California will be lost.
• Reporting data to the federal government Is voluntary.Hate crime data reporting by local law
enforcement agencies to the federal government is voluntary,and thus is not covered by the exemption for
federally required data.("A Policyrnaker's Guide to Hate Crimes,"Bureau of Justice Assistance,U.S.
Department of Justice,1997;Information Ban initiative language,Sermon 32i).
B.State won't be able to require hate crime data.
• The state wouldn't be able to set a standard.The state would no longer be able to mandate hate crime
data collection and reporting.(information Ban Initiative language,Section 32c)
2
_..._..
__.
C.Local agencies will have serious restrictions.
• Law enforcement agencies will be restricted.Local law enforcement agencies would not be able to sort or
analyze data for reports,and other local and state agencies would not be able to sort or analyze the same
information,since the initiative allows only for a narrow exemption for identifying race"while carrying out their
law enforcement duties."(Information Ban initiative language,Section 32g).
D.California won't keep track of complaints.
* Accurate Information at state level will be eliminated In 10 years.In 14 years,the Department of Fair
Employment and Housing would no longer be able to gather or report accurate information about race-or
ethni* based employment and housing discrimination.(Information Ban initiative language,Section 32e).
E.Local efforts to measure problems will be banned.
* Testing and other local programs will be lost.Local governments would be prevented from testing for
race-or ethnicity-based discrimination in their housing markets,since testing requires collecting and sorting
information by race or ethnicity.(Information Ban initiative language,Section 32c and Section 32k).
Information About Hate and Discrimination Help Us Solve the
Problems
A.Academic research using hate crime data helps us understand where the challenges are and design smart
programs to meet them.
* Hate crimes cluster In particular patterns.Researchers have found that hats crime tends to happen in
clusters,and that those clusters have different kinds of characteristics.Some hate crime happens in areas
Mere one group dominates and the victims are primarily members of a regional minority population;other
clusters occur in areas where the terrain is not dominated by any group,but different groups are contesting
for power and control.The responses to these different dynamics have to be informed.(Urnemoto,4999).
• National origin clusters can be seen.Research also shows tells us where strong clusters of victims of a
particular national origin are located.Glendale is a hate crime hotspot,with Armenians as the largest victim
group;in Alhambra,people of Aslan/Pacific Islander origin are the most salient target group.Local efforts to
intervene with education depend on such information.(Umemoto,1999).
B.Hate crime reports help local communities focus their anergy where tensions are worst.
* County programs use data to help guide local efforts.Los Angeles County produces regular,detailed
analyses of hate crimes in the region and distributes the information to a local network of organizations,law
enforcement agencies,and schools that work together to find solutions to hate crime.(Los Angeles County
Commission on Human Relations,http:ithumanrelafions co la ca us6,
• Community-based organizations address problems using Information.One example o€community-
based work addressing hate crimes is San Diego's Anti-Defamation League work.The San Diego ADL
produces an annual analysis of hate crime trends in San Diego County,working with law enforcement to
provide educators,the public,and partner organizations an ongoing understanding of the challenges they
should be addressing.(h# -./L/www adl or /sa an diegoisd adi htm#tratel.Another example is the Asian Pacific
American Legal Center,which works to educate the communities it serves about reporting hate crime,which
researchers believe Is underreported in many communities.(hitt /fwww ane ora/race h m).
C.Testing for discrimination helps hold landlords and rental markets accountable.
3
+ Local efforts can establish the need for landlord education,hotlines,and other services.Fair housing
is a community goal in many cities and counties,and local governments,such as the City of Merced,work in
partnership with community groups to measure whether the community offers fair housing opportunities,
regardless of race or ethnicity(testing controls for other factors,such as income and rental history,because
testers of different races but similar incomes and histories are sent to the same locations).When a local
community decides to investigate its housing market,it needs to be free to do so,and when it discovers
discrimination,it can create programs to educate landlords about the law and make sure prospective tenants
know their rights.
D.Reporting requirements help hold insurance companies to a higher standard of fairness.
+ Reports to the state Improve corporate citizenship In offering fair access.Because insurance
companies know that they have to report to the state their record of service to typically underserved
communities(including communities of color)and that this information is public knowledge,corporations
have an additional incentive to act fairly.Cal fomia's requirements help corporations prioritize fairness.
(Public Advocates,Inc."State Farm Loses on Attempt b Block Disclosure of Insurance Redlining Data."
March g,2000.hdp:/Iwww.pgbiicadvocates.org nressred.html;T€tle 10,Chapter 6,CCR Section 2646).
4