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Supervisors add private right of action, advance ordinance banning city aid for religion‑ or national‑origin‑based registries
Summary
The committee advanced an ordinance prohibiting San Francisco from aiding any government program that would register people by religion, national origin or ethnicity, and adopted amendments that create a private right of action allowing individuals or nonprofits to sue the city for unlawful disclosures, with damages and civil penalties up to $5,000 per violation.
The Public Safety and Neighborhood Services Committee on Feb. 22 advanced an ordinance designed to prevent the city from using resources to create or support any government program that requires registration of people on the basis of religion, national origin or ethnicity, and added a private right of action to strengthen enforcement.
Supervisor Ronen, introducing amendments negotiated with the city attorney and community groups, described the addition of a private right of action that would allow "an individual whose personal information has been disclosed in violation of the ordinance, or a nonprofit focused on the defense of immigrant and minority rights" to bring a claim against the city. Ronen said a prevailing plaintiff could recover damages and attorney’s fees, and the city could be liable for up to $5,000 in civil penalties per violation; courts should consider whether violations were intentional or negligent when determining penalties.
Deputy City Attorney John Givner clarified the ordinance’s scope applies to disclosures of ethnicity, national origin or religion information about any individual and that disclosures compelled by a legally enforceable subpoena, warrant or court order would not give rise to a cause of action.
Public comment drew extensive community support. Dozens of speakers — including representatives of Arab, Yemeni and South Asian communities, teachers from an Arab mothers ESL program, Jewish residents, and a sixth‑grade student — praised the ordinance and urged the Board to adopt the stronger language. One commenter said the changes make the ordinance "much stronger" and called the private cause of action "further protection for its residents." Several speakers framed the ordinance as a response to federal policy and compared the measure to historical registries, including references to Executive Order 9066.
Supervisor Feuer and colleagues described the amendments as necessary protections and, without objection, the committee adopted the amendments and moved the ordinance forward with a positive recommendation to the Board of Supervisors.
The ordinance will be considered by the full Board at a later date, and the committee record includes the adopted amendments as part of the forwarded package.
