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To Boot Out Prop 209: Black Lawmakers Make Case for Affirmative Action in California

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Does California have a “legacy of unequal treatment” of minorities and women? That’s language from Assembly Constitutional Amendment 5 (ACA-5) introduced by Assemblymember Dr. Shirley Weber (D-San Diego) and Assemblymember Mike Gipson (D-Carson). Members of the California Legislative Black Caucus (CLBC) want their colleagues in the legislature to consider that question and examine whether affirmative action is the right response for redressing that history of inequality. 

The Opportunity for All Coalition is a group that has formed in support of ACA-5, which would repeal Proposition 209. 

In 1996 voters passed the controversial amendment to the state constitution. It banned discrimination or preferential treatment based on race or gender in public education, employment, and contracting. 

“It’s been 24 years — 24 long years — since Prop. 209 was promoted as a civil rights initiative,” said Weber. 

On May 1, the Opportunity for All Coalition held a virtual seminar. More than 100 people logged on to take part in a discussion about the ethnic disparities of the COVID-19 crisis. Coalition member and the Chair of the California State Board of Equalization, Malia Cohen, said data revealing that communities of color are disproportionately impacted by the coronavirus crisis highlights inequities in society and the need for affirmative action. A recent Centers for Disease Control and Prevention (CDC) report confirmed that death rates for African Americans and Latinos, “were substantially higher than that of white” people. 

Coalition member Vincent Pan is the Co-Executive Director of Chinese for Affirmative Action (CAA). During the discussion he referenced recently-released California Department of Public Health (CDPH) data that showed Pacific Islanders and Native Hawaiians are also dying at a higher rate than their representation in the population. CDPH numbers show, as of April 30, 2,073 people have died in California from COVID-19. 

Coalition members said Proposition 209 exacerbated disparities. While people from communities of color are more likely to be hospitalized for the virus, they’re less likely to have healthcare coverage and more likely to work essential service jobs. ACA-5 supporters also said this population is less likely to have access to public job opportunities, and women and small business owners who are Black or from other minority groups are less likely to earn government contracts. “Proposition 209 cost women- and minority-owned businesses $1.1 billion each year,” Weber said in a written statement. 

Prop. 209’s impact on admission at California’s most competitive public universities has remained a flashpoint in public debate about the policy. Ethnic minority groups have mobilized on both sides “… with the intent to divide the various ethnic communities to fight over the scraps at the University of California,” said Weber at the March 10 press conference announcing ACA-5. 

The movement against reestablishing affirmative action in the state is also virtual. “No On ACA-5″ is the name of a Change.org petition being circulated by a Silicon Valley-based Asian American group that campaigned to block past repeal efforts in 2014. As of May 2, more than 22,000 people have signed the petition. One supporter wrote that “race-based” policies are “unconstitutional” and are not fair to Asians.

The Asian American Coalition for Education (AACE) used similar language in a press release encouraging Californians to join the fight. The national organization known for accusing Harvard University of discriminating against Asians wrote: “ACA-5 will surely result in racial discrimination against Asian Americans in California.” 

Groups opposed to ACA-5 argue that race-conscious policies favoring other groups take opportunities away from qualified Asian American students. In a written statement, the Opportunity for All Coalition said the state’s ban on affirmative action hurts everyone, citing a decrease in college-educated workers and lost wages. 

“We can’t have shared success without shared opportunities to get ahead,” The Opportunity for All statement read. “We refuse to let the rich and powerful use race and lies to divide us when so much is at stake. We’re not going to rebuild a stronger California unless we come together to end discrimination and ensure real equal opportunity for all.” 

The number of Asian students enrolled in the University of California (UC) system increased in the absence of affirmative action. While post Prop 209, Black, Latino, and Native American enrollment at UCLA and UC Berkeley dropped by 60 percent. The same UC Institutional Research and Academic Planning report found an overall decline in diversity. 

Race-neutral programs targeting students from disadvantaged communities have helped to increase enrollment for some minority groups. The number of Latino students also increased as the population grew statewide. Still, African American enrollment at the UCs hasn’t rebounded. In the fall of 2019, Black students made up 3.8% of the student body system wide. Asian students made up 36% while accounting for about 15% of the state population. 

UC research also finds a denial letter can derail a student’s life trajectory. Applicants shut out of UCs are less likely to earn a degree or high wages. This might help to explain some of the emotion driving the dispute that has gone before the nation’s highest court. The U.S. Supreme Court has upheld the use of affirmative action in college admissions only to achieve diversity. The Court also ruled that race cannot be the deciding factor in admission. California is one of eight states that has barred affirmative action altogether. 

Opponents of the ban argue affirmative action is not preferential treatment. Instead, they say, it removes barriers. Supporters of ACA-5 say, in the absence of affirmative action, historically excluded groups are denied opportunities for upward mobility. They argue public organizations should reflect the communities they serve — and point to data that shows that diverse environments foster understanding and respect for others. 

Though less often discussed, Prop. 209 has impacted public contracts and hiring for nearly a quarter of a century. “This law served as an impediment to state contracting, hiring and legislative policies addressing economic and social disparities experienced by women and people of color,” said Weber. One example is the state’s efforts to increase the number of Black and Latino teachers to address the achievement gap between Black and Latino students and their white and Asian peers. 

In a statement appealing to Asian American business owners, CAA wrote, “repealing Proposition 209 would unlock billions of dollars in economic opportunities for Asian Americans and Pacific Islanders (AAPI) small business owners. In cities where affirmative action is legal, like Chicago or Atlanta, AAPI-owned businesses earn much more in public contracts than in San Francisco or Los Angeles.” 

In addition to virtual meetings, the Opportunity for All Coalition is encouraging supporters to tweet Assemblymembers Ken Cooley (D-Rancho Cordova), Freddie Rodriguez (D-Pomona) and Patrick O’Donnell (D-Long Beach) to encourage the Democratic lawmakers to vote for ACA-5. It would take a two-thirds majority vote to repeal Proposition 209. 

Opponents are working to stop the bill in its tracks. The campaign against affirmative action includes drumming up support mostly online and encouraging people to contact their state representatives. 

Organizers on both sides say they’re fighting for equality. ACA-5 is set to be discussed Tuesday May 5 in committee when the state Assembly reopens for sessions this week. If the constitution amendment passes and meets all requirements by June 25, voters could once again have a chance to weigh in on a ballot measure in November that decides whether affirmative action is the right answer for California.

Due to the statewide stay-at-home order and guidance on physical distancing, seating for this hearing will be very limited for press and for the public.  All are encouraged to watch the hearing from its live stream on the Assembly’s website at 10:00 a.m. https://www.assembly.ca.gov/todaysevents.

Ebone Monet

Ebone Monet

California Black Media
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Activism

S.F. Black Leaders Rally to Protest, Discuss ‘Epidemic’ of Racial Slurs Against Black Students in SF Public School System

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored. 

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Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.
Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.

By Carla Thomas

San Francisco’s Third Baptist Church hosted a rally and meeting Sunday to discuss hatred toward African American students of the San Francisco Unified School District (SFUSD).

Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church, along with leadership from local civil rights groups, the city’s faith-based community and Black community leadership convened at the church.

“There has been an epidemic of racial slurs and mistreatment of Black children in our public schools in the city,” said Brown. “This will not be tolerated.”

According to civil rights advocate Mattie Scott, students from elementary to high school have reported an extraordinary amount of racial slurs directed at them.

“There is a surge of overt racism in the schools, and our children should not be subjected to this,” said Scott. “Students are in school to learn, develop, and grow, not be hated on,” said Scott. “The parents of the children feel they have not received the support necessary to protect their children.”

Attendees were briefed last Friday in a meeting with SFUSD Superintendent Dr. Matt Wayne.

SFUSD states that their policies protect children and they are not at liberty to publicly discuss the issues to protect the children’s privacy.

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored.

Some parents said they have removed their students from school while other parents and community leaders called on the removal of the SFUSD superintendent, the firing of certain school principals and the need for more supportive school board members.

Community advocates discussed boycotting the schools and creating Freedom Schools led by Black leaders and educators, reassuring parents that their child’s wellbeing and education are the highest priority and youth are not to be disrupted by racism or policies that don’t support them.

Virginia Marshall, chair of the San Francisco NAACP’s education committee, offered encouragement to the parents and students in attendance while also announcing an upcoming May 14 school board meeting to demand accountability over their mistreatment.

“I’m urging anyone that cares about our students to pack the May 14 school board meeting,” said Marshall.

This resource was supported in whole or in part by funding provided by the State of California, administered by the California State Library via California Black Media as part of the Stop the Hate Program. The program is supported by partnership with California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.

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Bay Area

Mayor London Breed: State Awards San Francisco Over $37M for Affordable Housing

On April 30, Mayor London N. Breed announced San Francisco has been awarded more than $37.9 million in funding from the California Department of Housing and Community Development (HCD) as part of the State’s Multifamily Housing Program (MHP). The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

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San Francisco Mayor London N. Breed (File Photo)
San Francisco Mayor London N. Breed (File Photo)

By Oakland Post Staff

On April 30, Mayor London N. Breed announced San Francisco has been awarded more than $37.9 million in funding from the California Department of Housing and Community Development (HCD) as part of the State’s Multifamily Housing Program (MHP).

The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

The new development at 1515 South Van Ness Ave. will provide 168 affordable homes to low-income families, formerly homeless families, and persons living with HIV earning between 25-80% of the San Francisco Area Median Income (AMI).

In addition, the project is anticipated to provide family-friendly amenities and ground floor community-serving commercial spaces that preserve the prevailing neighborhood character of the Calle 24 Latino Cultural District.

“This funding unlocks our ability to move on building affordable housing units for families in San Francisco at a crucial time. We understand the level of need for more housing that is accessible, and like the state, the city continues to face a challenging budget cycle,” said Breed. “1515 South Van Ness is a good example of what can be achieved in San Francisco when you have strong community partnerships and an unwavering commitment to deliver on critical needs for our residents.”

“From the beginning of my term as Supervisor, I have fought to bring affordable housing to 1515 South Van Ness” said Supervisor Hillary Ronen.  “In the interim, the site has been utilized for homeless services and shelter, and I am thrilled that HCD has recognized the value of this development, and we are finally ready to break ground and bring 168 affordable homes to low income and formerly homeless families in the Mission.”

Owned and occupied by McMillan Electric Company until 2015, the City and County of San Francisco purchased 1515 South Van Ness Avenue in June 2019 with the intent of developing new affordable housing.

In November 2020, the San Francisco Mayor’s Office of Housing and Community Development (MOHCD) released a Multi-site Request for Qualifications (RFQ) seeking qualified developers to build affordable housing on the site, and subsequently selected Chinatown Community Development Corporation (CCDC) and Mission Economic Development Agency (MEDA) in May 2021 to develop the site.

The project is expected to begin construction in winter 2025.

“A strong, long-term push by Mission advocates to make this site 100% affordable is now paying off, with 168 family units that include services and childcare. People of color communities know what they need, and we are excited to be in partnership with a team, consisting of MEDA, CCDC, and MOHCD, that listens,” said Malcolm Yeung, Executive Director at CCDC.

“We are excited to be in partnership with CCDC, yet again, and for the opportunity to develop intergenerational affordable housing in the City’s Mission District,” said Luis Granados, executive director at MEDA.

Increasing housing affordable to lower-income and vulnerable residents is a key priority in the City’s Housing Element which calls for additional funding for affordable housing production and preservation, as well as Mayor Breed’s Housing for All Executive Directive that sets out the steps the City will take to meet the bold goal of allowing for 82,000 new homes to be built over the next eight years.

Tuesday’s funding announcement emphasizes the importance of regional and state collaboration in order to reach our housing and climate goals.

“We are thrilled—not just to bring a project of this size to a community with great need — but to do so with community-based developers and their partners who understand the neighborhood and sensitivities around cultural preservation,” said HCD Director Gustavo Velasquez.

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Bay Area

East Bay Regional Park District Issues Rattlesnake Advisory

The East Bay Regional Park District released an advisory today on rattlesnakes, which emerge from winter hibernation in early spring and become more active. Warm weather can bring more potential for rattlesnake encounters with humans and dogs, particularly along trails and roads.

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The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Courtesy photo.
The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Courtesy photo.

The Richmond Standard

The East Bay Regional Park District released an advisory today on rattlesnakes, which emerge from winter hibernation in early spring and become more active.

Warm weather can bring more potential for rattlesnake encounters with humans and dogs, particularly along trails and roads.

Visitors are encouraged to avoid hiking alone in case of an emergency, to scan the ground ahead as they walk, jog or ride, stay on trails avoiding tall grass, and to look carefully around and under logs and rocks before sitting down. Keep your dog on your leash to be extra safe, park officials said.

If you encounter a rattlesnake, leave it alone – it is unlawful to capture or harm one. Move carefully and slowly away or around it and give it plenty of space, park officials said.

Those who are bitten by a rattlesnake are instructed to stay calm by lying down with the affected limb lower than the heart, then having someone call 911.

Getting medical attention is critical.

Those bitten should not use tourniquets, “sucking,” or snake bite kits. If you are by yourself, walk calmly to the nearest source of help to dial 911, do not run.

If bitten by any other type of snake, wash the wound with soap and water or an antiseptic and seek medical attention.

Not sure what bit you? Check the bite for two puncture marks (in rare cases one) associated with intense, burning pain, which is typical of a rattlesnake bite. Other snakebites can leave marks without associated burning pain.

The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Snakes are important to the natural environment, helping to control rodents and other reptile populations. But enjoy them from afar.

For more information, download the Park District’s Common Snakes brochure or watch our Gopher Snake or Rattlesnake video to learn how to tell the difference between rattlesnakes and gopher snakes. Additional information is available at ebparks.org/safety/wildlife-encounters.

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