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Commentary: Finding the Right Balance — Addressing Organized Retail Theft While Upholding Civil Liberties

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process. AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld.

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Assemblymember Tina McKinnor (D-Inglewood)
Assemblymember Tina McKinnor (D-Inglewood)

By Assemblymember Tina McKinnor | Special to California Black Media Partners

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process.

AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld. This bill allows law enforcement officers to make warrantless arrests for shoplifting offenses not witnessed by the officer, as long as there is reasonable cause to believe the individual committed the crime. This bill has a dangerous potential for overreach and infringes on civil liberties, particularly the right to due process.

While the stated intention behind the STOP Act is to combat organized retail theft and protect businesses, there are valid concerns that this bill is an overreach and that existing law works, if properly enforced by our partners in law enforcement. A petty theft involving property stolen valued at $950 or less may be charged as a felony or misdemeanor (called a wobbler) if the offender has the following prior convictions:  1) at least on prior petty or theft-related conviction for which a term of imprisonment was served, and 2) a prior conviction for a serious or violent offense, for any registerable sex offense, or for embezzlement from a dependent adult or anyone over the age of 65.  A misdemeanor can result in a sentence of up to one year in jail, whereas a felon can mean incarceration for 16 months, two years or three years.  Let’s look at shoplifting in California.  It occurs when a suspect enters a store, while that establishment is open, intending to steal property worth less than $950.  The crime is considered a misdemeanor, punishable by up to six months in the county jail.

Granting officers the authority to arrest individuals based on reasonable cause, without witnessing the crime firsthand, can lead to negative consequences and possible violations of individual rights. Probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for the courts to issue a search warrant. A grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment.  The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of a person or its property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of the arrested criminal.  Reasonable cause does not require any of this due process and only requires that an officer reasonably believes that a crime has been committed. It is essential to find a middle ground that effectively addresses organized retail theft without compromising the fundamental rights of individuals.

California’s current laws, including the use of witness statements and surveillance evidence are sufficient for addressing suspected shoplifting and organized retail theft. California Attorney General Rob Bonta recently prosecuted Michelle Mack, a suspected organized smash and grab ringleader who paid twelve women to travel around California and commit over $8 million in retail theft at 21 different stores. AG Bonta used California’s current laws to have the suspect arrested and brought to justice.

The State of California is also making significant investments to address retail theft. Just this past year California invested an additional $267 million to combat organized retail theft. It has been less than a year and our law enforcement partners should have the opportunity to address this recent spike in retail theft crime.

Los Angeles County recently applied for and received a grant for the State of California for $15.6 million dollars to address retail theft enforcement.  LA District Attorney George Gascon also recently formed an organized retail task force that partners with LA County Sheriff’s Department, Glendale, Beverly Hills, Burbank, Torrance and Santa Monica Police Departments to integrate their response to retail theft across the region. These collaborative efforts, such as those seen in initiatives like the organized retail task force in LA County, demonstrate the importance of a united approach to tackling theft while maintaining a balance between enforcement and civil liberties.

As we move forward, it is essential for policymakers, law enforcement agencies, businesses and communities to work together in finding solutions that effectively address organized retail theft without encroaching on individual rights. Ongoing evaluation and a commitment to thoughtful consideration will be crucial in navigating this challenge and fostering a safe and prosperous environment for all. Balancing the scales of justice to protect businesses while upholding civil liberties demands a comprehensive and conscientious approach from all stakeholders involved.

I am confident we can find that balance.

About the Author 

Assemblymember Tina McKinnor (D-Inglewood) represents the 61st District in Los Angeles County, which includes parts of the South Bay, Inglewood, Hawthorne and Lawndale.

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California Black Media

Cinco De Mayo: Five Interesting Facts You Should Know About the Popular Mexican American Holiday

To explore the historical significance of Cinco De Mayo, we step back to the origins of the commemoration, share how some Mexican American Californians regard it and trace how it has morphed into the celebrations we see today.

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Shutterstock
Shutterstock

By Edward Henderson, California Black Media  

To explore the historical significance of Cinco De Mayo, we step back to the origins of the commemoration, share how some Mexican American Californians regard it and trace how it has morphed into the celebrations we see today.

Celebrations in the United States began in 1862 in Columbia, California, a small town located in the foothills of the Sierra Nevada in Tolumne County, according to that town’s website.

Today, millions of Americans celebrate Cinco De Mayo annually with 120 official celebrations organized across the United States.

This day has become a cultural point of pride for Mexican Americans and other Latino communities in the United States. It serves as a time to affirm and celebrate their cultures with other Americans of all backgrounds as they highlight their contributions to American history and society.

Joseph Soltero, a Mexican American living in Escondido, shared his perspective on Cinco de Mayo with California Black Media. He learned about Cinco De Mayo from his grandfather and talked about the extent to which his family and San Diego County community celebrate the holiday.

“We knew September 16 was really Mexican Independence Day, but kids in my school would always mistake Cinco De Mayo as our Independence Day. [Cinco De Mayo] is not really even a Mexican holiday,” said Soltero. “It’s something people do to have an excuse to buy drinks, have fun and spend a little money at taco shops.”

Like Soltero, many Mexican Americans (and other Latino Californians) do not take the support and solidarity they receive from people of other races on Cinco De Mayo for granted. They also appreciate when people take the time to learn about the cultural significance of the day and avoid some of the cultural tropes that can easily whisper undertones of racism.

To help raise your awareness about the origins and cultural significance of the day, here are 5 little known facts about Cinco De Mayo:

  1. Cinco De Mayo is not Mexican Independence Day. It is the anniversary of the Battle of Puebla. This military victory on May 5, 1862, over the French forces of Napoleon III was hailed as a symbol for Mexican resistance to foreign influence.
  2. The holiday was not given much historical significance outside of Puebla, and it has not been celebrated on a large scale in Mexico. However, during the Civil War, Mexican Americans in California, Oregon and Nevada who supported the Union drew inspiration from the victory over the French-backed Confederate forces.
  3. The Chicano civil rights movement in the 1940s gave a new energy to celebration of the holiday in the United Sates as a symbol of national pride.
  4. In the 1980s and 1990s, beer companies’ marketing strategies targeted Mexican Americans by encouraging them to celebrate their heritage – and Cinco De Mayo –with Coronas, Bud Light, and Dos Equis. This created the perceived connection between Cinco De Mayo, alcohol, and merrymaking.
  5. Los Angeles hosts the largest Cinco De Mayo celebration in the country.

As we join Mexican American Californians to celebrate Cinco De Mayo next week, let’s deepen our cultural understanding.

Let’s use this occasion to commit to learning more about our neighbors, colleagues and friends of other races and ethnicities.

This resource is supported in whole or in part by funding provided by the State of California, administered by the California State Library in partnership with the 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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Antonio‌ ‌Ray‌ ‌Harvey‌

Working Group: More Entry-Level Homes Could Help Solve Housing Crisis

The Community Housing Working Group hosted a briefing on April 23 at Cafeteria 15L in Sacramento. Discussions focused on how the housing crisis in California affects Black and Brown communities and explored ways to provide low-income families and individuals with affordable housing.

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Tia Boatman-Patterson, CEO and President of California Communities Reinvestment Corporation says there should be more affordable "entry-level homeownership" in California for Black and Brown communities. Boatman-Patterson is also a former Associate Director for Housing, Treasury, and Commerce in the Office of Management and Budget for the Biden Administration. April 23, 2024. CBM photo by Antonio Ray Harvey.
Tia Boatman-Patterson, CEO and President of California Communities Reinvestment Corporation says there should be more affordable "entry-level homeownership" in California for Black and Brown communities. Boatman-Patterson is also a former Associate Director for Housing, Treasury, and Commerce in the Office of Management and Budget for the Biden Administration. April 23, 2024. CBM photo by Antonio Ray Harvey.

By Antonio Ray Harvey, California Black Media

The Community Housing Working Group hosted a briefing on April 23 at Cafeteria 15L in Sacramento.  Discussions focused on how the housing crisis in California affects Black and Brown communities and explored ways to provide low-income families and individuals with affordable housing.

Tia Boatman Patterson, CEO and President of the California Communities Reinvestment Corporation, said “entry-level housing” is not available as it was in the past, adding that affordable units were a major point of entry into homeownership for many families in the Black community.

“My mother bought her first house when I was in junior high. It was an 850-square foot, two-bedroom and one-bathroom house in 1978. That house cost $30,000,” Boatman-Patterson said.

“A woman working part-time at JCPenney was able to afford that house. We don’t build these types of housing now. We do not build entry-level homeownership,” she added.

The Community Housing Working Group is a collection of diverse community organizations from across California working together to address housing challenges in their communities. The organization believes that solving the affordable housing crisis will require creating enough smaller, lower-cost, multi-family homes located near jobs, transit, and good schools.

The briefing included a panel discussion titled, “Exclusionary Zoning: A Look Back and a Path Forward.” Boatman-Patterson participated in that session along with Henry “Hank” Levy, Treasurer-Tax Collector for Alameda County, and Noerena Limón, consultant, Unidos U.S., and Board Member of California Housing Finance Agency.

Boatman-Patterson, a former Associate Director for Housing, Treasury and Commerce in the Office of Management and Budget for the Biden Administration, started her presentation by highlighting how exclusionary single-family zoning is contributing to continued segregation of California communities.

She said that single-family zoning originated in the Bay Area city of Berkeley in 1916.

“By creating single-family zoning and having fenced-off communities, you were able to exclude the ‘others,’” Boatman-Patterson said. “It really was a method to exclude — what they called ‘economic segregation’ — but that was a guise for racial segregation. Single-family zoning, along with redlining, became a systemic approach to exclude based on affordability.”

Title VIII of the federal Civil Rights Act of 1968 — commonly known as the Fair Housing Act of 1968 – is the U.S. federal legislation that protects individuals and families from discrimination in the sale, rental, and financing of housing. It was passed to open the doors to affordable housing.

In 1968, 65.9% of White families were homeowners, a rate that was 25% higher than the 41.1% of Black families that owned their homes, according to National Low-Income Housing Coalition. Today, those figures have hardly changed in the Black community, although White homeownership has increased five percentage points to 71.1%.

Boatman Patterson said the rate has not changed in Black and Brown communities because financing for affordable entry-level homes is almost nonexistent. The homeownership disparities contribute to the disturbing racial wealth gap in the nation, according to the National Low-Income Housing Coalition’s October 2018 report.

“We really must align the financing with the actual building of units, which we haven’t necessarily done. Because of this misalignment, I think we continue to see problems,” Boatman-Patterson said.

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California Black Media

State Ed Chief Tony Thurmond Pushes Bill to Train Educators

State Superintendent of Public Instruction (SSPI) Tony Thurmond is advocating for comprehensive training for teachers in reading and math, emphasizing the urgent need to improve student academic outcomes across California. On April 24, during testimony in the Senate Education Committee, Thurmond backed Senate Bill (SB)1115, which aims to provide evidence-backed educator training. The committee passed the bill with a 7-0 vote.

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California State Superintendent of Public Instruction Tony Thurmond.
California State Superintendent of Public Instruction Tony Thurmond.

By California Black Media

State Superintendent of Public Instruction (SSPI) Tony Thurmond is advocating for comprehensive training for teachers in reading and math, emphasizing the urgent need to improve student academic outcomes across California.

On April 24, during testimony in the Senate Education Committee, Thurmond backed Senate Bill (SB)1115, which aims to provide evidence-backed educator training. The committee passed the bill with a 7-0 vote.

Thurmond pointed out to the committee that existing funding for educator training in literacy and math only covers about one-third of California’s educator workforce. SB 1115, Thurmond said, would fund the remaining two-thirds.

“This is an issue of moral clarity,” according to Thurmond. “In the fifth-largest economy in the world, and in an age when we have access to substantial brain science about how students learn, it should be unacceptable to train only some educators in the best strategies to teach essential skills.”

SB 1115 incorporates multiple research-backed methods, including phonics, and it aligns with the California ELA/ELD Framework, which encourages biliteracy and multilingualism.

Thurmond emphasized the moral imperative behind the push for enhanced training by noting that 70% of incarcerated adults struggle with reading or are illiterate.

“Every child should feel supported as they learn to read and every teacher should feel confident in their ability to support students’ foundational literacy,” Thurmond said. “SB 1115 is about ensuring that all children have the opportunity to read by third grade, and that all children have a shot at the life-changing outcomes that come from early literacy.”

The next step for SB 1115 is a hearing in the Senate Appropriations Committee on May 6.

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