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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.

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Ebone Monet

California Black Media
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Bay Area

Advocates Hold Rally to “Issue a Citation” to City to Stop Homeless Encampment Sweeps

Advocates in San Francisco held a rally Thursday afternoon in front of City Hall to issue a symbolic citation to Mayor London Breed, urging an immediate end to the sweeps of homeless encampments in the city. “What do we want? Housing! When do we want it? Now!,” the group chanted. The group of allies and advocates originally intended to start their rally off on Jessie Street, where a sweep of an encampment was going to take place around noon. But, the group had to change their plans because the city allegedly heard about the rally and chose to sweep the area earlier in the day.

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San Francisco homelessness advocates held a rally in front of City Hall to issue a symbolic citation to Mayor London Breed to stop sweeping encampments. Photo by Magaly Muñoz.
San Francisco homelessness advocates held a rally in front of City Hall to issue a symbolic citation to Mayor London Breed to stop sweeping encampments. Photo by Magaly Muñoz.

By Magaly Muñoz

Advocates in San Francisco held a rally Thursday afternoon in front of City Hall to issue a symbolic citation to Mayor London Breed, urging an immediate end to the sweeps of homeless encampments in the city.

“What do we want? Housing! When do we want it? Now!,” the group chanted.

The group of allies and advocates originally intended to start their rally off on Jessie Street, where a sweep of an encampment was going to take place around noon. But, the group had to change their plans because the city allegedly heard about the rally and chose to sweep the area earlier in the day.

The streets adjacent to Jessie St., such as Mission and Market St, are lined with multiple encampments and unhoused individuals. Many stand in groups or walk along the streets by themselves.

One member of the group, Leah, said she lived in District 6 and what politicians claim is an “open drug market” area. She criticized the extra funding that has gone to the San Francisco Police Department to “solve homelessness” but no positive results have been shown.

“If giving the police more money actually solved the housing crisis, the homelessness crisis…then it would’ve gotten better, but it has actually just been getting worse and worse as more services for poor people have been cut,” Leah said.

Other speakers said the problem with sweeping and citing people for living on the streets is that the homeless problem is being exacerbated, and it’s ultimately not helping those who are struggling.

In order to help alleviate the problem, advocates have called for expansions to permanent supportive housing, resources and services, housing vouchers, and rent relief for struggling residents.

According to the 2024 Point in Time Count, 8,323 people were experiencing homelessness in San Francisco. A seven percent increase since 2022 where there were 7,754 sheltered and unsheltered homeless individuals.

In her mission to get people off the streets, Mayor Breed has directed city crews to clear encampments more frequently than before. This decision comes after the landmark case, Grants Pass v. Johnson, was overturned by the U.S Supreme Court and cities were given the authority to ban people from camping or sleeping on the streets.

The mayor also instructed city workers to offer transportation tickets to people before offering shelter with the intent that those who are not originally from San Francisco can return to family or friends elsewhere and services can then be used for long-time residents.

A former homeless resident, Yolanda, in attendance at the rally said it was difficult to get off of living on the streets because of the barriers to housing and services.

Yolanda told the Post that she had grown up in the city with her family, but once her father passed away, there was no one to maintain the bills so they had to relocate to Oakland for a few years. She said her family stayed there for a few years before returning to San Francisco.

As she got older, she found herself living on the streets or in temporary shelter. But these shelters would only allow people to stay for a few months at a time and were very restrictive in what people could do, such as leave when they wanted or have guests with them.

After some time, Yolanda and her boyfriend were selected for housing through a housing allocation program, where she still currently lives now. She said they were one of the lucky ones, but others do not get to experience this same fortune.

She shared that at one point in her journey to find a housing placement, there was a 2,000 person waitlist, making it nearly impossible and disheartening for those looking for a roof to put over their heads.

Yolanda said it was unfair to criminalize people for not being able to afford housing, considering the extremely high costs of living in the area.

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Bay Area

Oakland Students Learn to Foster Solidarity Through Multiracial Leadership Organization

For over 25 years, an Oakland leadership organization has worked to foster multiracial relationships amongst students, where historically, there has been division. Youth Together was created by Raquel Jimenez, a Latino history teacher at Castlemont High School, who noticed tension between Black and Latino students. Through a coalition of other Oakland-based organizations, Youth Together was established to provide resources to students and give them skills to build community with other racial groups.

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Student members of Youth Together told the Post that the reason they joined the organization was to build skills around social justice and connect with people they otherwise wouldn’t have met.
Student members of Youth Together told the Post that the reason they joined the organization was to build skills around social justice and connect with people they otherwise wouldn’t have met.

By Magaly Muñoz

For over 25 years, an Oakland leadership organization has worked to foster multiracial relationships amongst students, where historically, there has been division.

Youth Together was created by Raquel Jimenez, a Latino history teacher at Castlemont High School, who noticed tension between Black and Latino students. Through a coalition of other Oakland-based organizations, Youth Together was established to provide resources to students and give them skills to build community with other racial groups.

Student members of Youth Together told the Post that the reason they joined the organization was to build skills around social justice and connect with people they otherwise wouldn’t have met.

One student, Oli, said the group helped her to grow confidence in speaking with new people and to learn more about the history of racial issues in Oakland, which she wishes teachers did more of to include in their curriculum.

Lena, another student who attends Skyline High School with Oli, said the groups at school are typically divided by race because “students fall into stereotypes”. She explained that kids would put her in a “stereotypical Asian” persona but once they got to know her, they started treating her differently.

Berlin, a student Youth Together member, shared that he transferred to three different schools because of racial tensions with other students. He said other groups attempted to start problems with him because he didn’t come from the same background as them.

Lena said people would be more open to being friends with other races if they were taught about them more frequently in school.

“It’s really important to understand different ethnicities and their backgrounds and struggles that they’ve went through,” Lena said.

Asian, Latino and Black students make up the biggest racial groups in Oakland Unified School District. Latino students in particular make up over half of the student population with almost 24,000 kids in the 2022-23 school year.

The Youth Together students shared that over the years more white students have started attending their schools and the diversity is no longer what it used to be. They also said the teachers do not reflect the student body diversity.

Oli said although there are student fights at Skyline, she doesn’t feel that they are racially motivated. But she claims that most of the racial tensions actually come from teachers who express negative rhetoric to students during their lessons, especially in history classes.

Through these conversations about race and social justice, the students are better prepared to speak to their peers at an annual event called Unity Day.

Unity Day was hosted at Skyline and Oakland High School at the very beginning of the school year. Kids participated in activities and group discussions about diversity and the ongoing disparities in their education.

The Youth Together team said they looked forward to having these talks with students and to connecting them with others.

Lead organizer Seanna said she wants Unity Day to bring folks together and undo the years of division that Oakland schools have experienced. Her two high school aged brothers, who are also members of Youth Together, have told her that tensions run higher now than they did when she was in high school several years ago.

Seanna wants the cycle of tension and detachment among different racial groups to end, both in school and in the city. She said people felt more united and like a community when she was growing up, but that doesn’t feel like the case anymore.

If Unity Day is what the school and larger community need in order to get along, she hopes the idea continues and expands until things start to come together again.

“It just takes one person to want to keep fighting, to inspire other people to keep fighting, and that’s the domino effect I would love to see. Maybe that change that we all crave for will come,” Seanna said.

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Alameda County

Man Charged in Deadly Hit-and-Run Collision That Killed an Oakland Teenager and Injured Her Mother

Alameda County District Attorney Pamela Price announced that Agusto Matias has been charged with multiple felonies as the alleged driver in a deadly hit- and-run incident, killing a teenage girl and injuring her mother. Matias, 37, is charged with felony gross vehicular manslaughter while intoxicated, D.U.I/alcohol causing injury, driving with a 0.8% blood alcohol causing injury, leaving the scene of an accident [death/permanent serious injury], and misdemeanor hit-and-run driving and unlicensed driver.

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District Attorney Pamela Price.
District Attorney Pamela Price.

Special to The Post

Alameda County District Attorney Pamela Price announced that Agusto Matias has been charged with multiple felonies as the alleged driver in a deadly hit- and-run incident, killing a teenage girl and injuring her mother.

Matias, 37, is charged with felony gross vehicular manslaughter while intoxicated, D.U.I/alcohol causing injury, driving with a 0.8% blood alcohol causing injury, leaving the scene of an accident [death/permanent serious injury], and misdemeanor hit-and-run driving and unlicensed driver.

According to the complaint, the incident happened on or about August 19. It is alleged that Matias was fleeing the scene of a bumper-to-bumper collision on Havenscourt near International Boulevard when he allegedly struck and killed one victim and injured a second victim.

Both victims were in the crosswalk when the collision occurred.

“It is with a heavy heart that I announce that my office has filed charges against an individual accused of extremely reckless driving that resulted in the tragic loss of a young life,” said District Attorney Pamela Price.

“I want to extend my condolences to the family. No parent should ever have to bury their child under such avoidable circumstances. Our thoughts are with them during this incredibly difficult time.

“This incident is a stark reminder of the dangers of impaired and reckless driving,” Price said. “It is a preventable crime that destroys lives, devastates families, and places all of our lives in danger unnecessarily. This type of unconscionable behavior will not be tolerated on our city streets.”

The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code.

 Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.

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