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Committee adopts amendments to ‘Caring Act’ ordinance and continues consideration to Oct. 8

Public Safety and Neighborhood Services Committee · September 24, 2020
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Summary

Supervisors heard presentations, victim testimony and public comment on an ordinance to make racially motivated 911/ emergency calls actionable; the committee approved Walton’s amendments expanding protected classes and continued the ordinance to Oct. 8 for final consideration.

The Public Safety and Neighborhood Services Committee heard extensive testimony on Sept. 24 about proposed ordinance language aimed at curbing racially motivated or exploitative non-emergency calls to law enforcement.

Supervisor Shamon Walton introduced the measure, calling it the ‘‘Caution Against Racial and Exploitative Non Emergencies Act’’ — the Caring Act — and framed it as a targeted civil remedy so those harmed by frivolous, racially motivated emergency reports can seek damages. "The Caring Act make it illegal for people to contact law enforcement solely to discriminate on the basis of a protected class," Walton said during his remarks.

Community groups and witnesses presented evidence and policy recommendations. Angela R. Jenkins of San Francisco Interrupting Racial Profiling described local incidents and urged a compensation fund and restorative options; Marty Jay highlighted how neighborhood platforms can amplify biased reports; and James Juanillo recounted a viral episode in which neighbors called police while he stenciled "Black Lives Matter" outside his home, saying the incident left him feeling humiliated and concerned for his safety.

Walton proposed amendments to align protected classes with existing policy and to clarify that the ordinance is not intended to deter real emergency calls. He read an expanded list of protected characteristics — including race, color, ancestry, ethnicity, national origin, place of birth, age, religion, creed, disability, sexual orientation, gender identity, weight and height — and asked the deputy city attorney about the amendments’ legal substance. Deputy City Attorney Pierson confirmed they were substantial.

The committee voted to adopt the proposed amendments (3–0) and then voted to continue consideration to the Oct. 8 meeting to allow one week for any technical revisions and public notice. The ordinance as amended would create a private civil cause of action with damages beginning at $1,000 for wrongful exploitative non-emergency calls, according to testimony and the proposed text presented in committee.