Civil Rights

Investigation to analyze potential violations of the California FAIR MAPS Act and federal voting rights laws

OAKLAND – California Attorney General Rob Bonta today launched an independent investigation into the redistricting process of Butte County. The investigation by the California Department of Justice (DOJ) will seek to determine whether Butte County violated the California FAIR MAPS Act and other voting rights laws during the county's 2021 redistricting process to redraw election district boundaries. 

"In a democracy, every eligible voter deserves fair and equal representation,” said Attorney General Bonta. “The allegations raised regarding the redistricting process in Butte County are serious and warrant a thorough investigation. We must ensure that the voting rights of all communities are protected and upheld. Our goal is to maintain the integrity of the redistricting process, and promote a fair and inclusive electoral system for all Californians." 

Under the California Constitution and Government Code, the Attorney General has broad authority to investigate any potential violations of the law, and ensure the laws of the state are uniformly and adequately enforced. At this stage, the investigation will be conducted by California DOJ’s Racial Justice Bureau within the Civil Rights Enforcement Section. During the course of the investigation, state attorneys will work diligently to consider all relevant information related to Butte County’s 2021 redistricting process and adopted map. However, it is important to note that the Office of the Attorney General has made no determination at this time with regard to specific complaints or allegations related to the conduct of those involved in the County’s redistricting process. California DOJ is committed to conducting a thorough and independent investigation.

OAKLAND – California Attorney General Rob Bonta today issued a statement urging the Chino Valley Unified School District (CVUSD) to prioritize protecting student privacy. In an urgent letter sent to Superintendent Norman Enfield and the Board of Education, Attorney General Bonta expressed serious concern over the proposed Parental Notification policy, emphasizing the potential infringements on students' privacy rights and educational opportunities. The Attorney General's office is committed to protecting the rights and well-being of students in California schools.

"The protection of every student’s privacy and safety is of utmost importance, and that includes protecting their right to choose when, how, and with whom they share their gender identity. That is a personal decision for them, and them alone,” said Attorney General Bonta. “By allowing for the disclosure of a student’s gender identity without their consent, Chino Valley Unified School District’s suggested Parental Notification policy would strip them of their freedom, violate their autonomy, and potentially put them in a harmful situation. Our schools should be protecting the rights of all students, especially those who are most vulnerable, and should be safeguarding students’ rights to fully participate in all educational and extracurricular opportunities. I strongly encourage CVUSD to prioritize the rights and privacy of all their students.” 

The proposed policy is up for consideration tonight at the CVUSD Board of Education meeting. If approved, it would require schools to inform parents, without exception, if a student wants to use a name or pronoun different from what's on their birth certificate or official records. It would also require notification if a student wants to use facilities or participate in programs that don't match their gender on official records or if a student wants to change any information in their school records.

In the letter, Attorney General Bonta calls on CVUSD to fulfill its weighty responsibility as educators to create an inclusive and safe environment for all students. Additionally, the letter underlines that decisions about gender identity are deeply personal and should be handled with sensitivity, allowing students to make their own choices regarding when and how to disclose their identities to their parents. Furthermore, this proposed mandate demonstrates a reckless disregard for the real-world dangers some children may face at home. Any child harmed following such a mandatory parental notification could lead to potential liability for the school district. 

A copy of the letter can be found here.

New additions to the state-funded travel ban list follow the recent passage of anti-LGBTQ+ legislation

OAKLAND – California Attorney General Rob Bonta today announced that California will restrict state-funded travel to Missouri, Nebraska, and Wyoming as a result of anti-LGBTQ+ legislation recently enacted in each state. The recent passage of anti-LGBTQ+ legislation is part of a concerning trend of discriminatory practices in states across the country, aiming to roll back hard-won protections. Many of these laws specifically target and marginalize transgender youth by preventing them from participating in sports in accordance with their gender identity, as well as restricting access to critical gender-affirming healthcare services. The travel restrictions announced today are mandated by California Assembly Bill 1887 (AB 1887), which requires the Attorney General to post on his website a current list of states that are subject to the law.

"These new laws enacted by Missouri, Nebraska, and Wyoming aren’t just discriminatory, they constitute a clear case of government overreach — and it's an alarming trend we're witnessing across the country,” said Attorney General Bonta. “By preventing transgender individuals from participating in sports aligned with their gender identity, or by denying them access to critical healthcare, these legislative actions directly contradict the values of inclusivity and diversity. These laws pose significant risks for deepening the stigmatization and alienation of LGBTQ+ youth who are already subject to pervasive discrimination, bullying, and hate crimes. In the face of such a gross misuse of public resources, California firmly denounces these laws. As mandated by AB 1887, we are, thus, compelled to impose restrictions on state-funded travel to Missouri, Nebraska, and Wyoming in response to their discriminatory laws targeting the LGBTQ+ community."

AB 1887 reflects California's policy to avoid supporting or financing discrimination against lesbian, gay, bisexual, or transgender Americans. The law prohibits state agencies, departments, boards, or commissions from authorizing state-funded travel to a state that — after June 26, 2015 — has enacted a law authorizing, or repealing existing protections against, discrimination based on sexual orientation, gender identity, or gender expression. California state agencies are responsible for consulting the AB 1887 list maintained by the California Department of Justice necessary to comply with the travel and funding restrictions imposed by the law.

Information regarding the reasons and timeline for each new state’s inclusion on the AB 1887 list is as follows: 

Missouri

Missouri is being added to California’s state-funded travel restrictions list as a result of Missouri’s new law, Senate Bill 39 (SB 39), signed into law on June 7, 2023, by Missouri Governor Michael Parson. The law prohibits public school districts, including charter schools, and public and private colleges and universities, from allowing transgender girls to compete in an athletic competition consistent with their gender identity. SB 39 requires withholding of all state funding for non-compliance. Missouri is also being added to the state-funded travel restricted list because, on June 7, 2023, Missouri Governor Michael Parson also signed SB 49 into law, restricting gender-affirming medical care for transgender youth. Missouri will be added to the travel restricted list when these new laws become effective on August 28, 2023. 

Nebraska

Nebraska is being added to California’s state-funded travel restricted list as a result of Nebraska’s new law, Legislative Bill No. 574 (LB 574), “Let Them Grow Act,” which was signed into law on May 22, 2023, by Nebraska Governor Jim Pillen. LB 574 makes it a departure from the medical standard of care to provide gender-affirming care for someone who is 19 years old or younger except subject to rigorous criteria in regulations to be developed by the state’s Chief Medical Officer. It subjects healthcare practitioners to liability, including attorneys’ fees, for providing such care and denies state funding to any entity not in compliance. Nebraska will be added to California’s travel restricted list when the law becomes effective on October 1, 2023.

Wyoming

Wyoming is being added to California’s state-funded travel restricted list as a result of Wyoming’s new law, Senate File No. 133 (SF 133), which became law on March 17, 2023, without the Governor’s signature. The law prohibits public schools, and private schools competing against public schools, from allowing transgender female students to participate in athletics based on their gender identity. Under this law, if this prohibition is struck down by a court, SF 133 requires the Governor to convene an “activity eligibility commission” to create rules governing athletic eligibility for transgender students' athletic participation. This commission would be composed of appointees with no required experience in the need for gender-affirming care. The law permits any student or parent to enforce its provisions in an administrative action before the Wyoming Board of Education. Given the effective date for the new law in July of 2023, Wyoming will be immediately added to California’s travel restricted list as of July 14, 2023.

The State of California recently added Georgia, Arizona, Indiana, Louisiana, and Utah to the AB 1887 travel-restricted list for enacting similar laws discriminating against LGBTQ+ youth. Once these states are all added, California will have included 26 states on the AB 1887 list. For additional information on AB 1887, including the list of states subject to its provisions, visit oag.ca.gov/ab1887.

SACRAMENTO – Pursuant to Assembly Bill 3121 (AB 3121), the California Task Force to Study and Develop Reparation Proposals for African Americans (Reparations Task Force) today released its final report and recommendations for redressing the historical atrocities perpetrated against African Americans in California. The Reparations Task Force, the first initiative of its kind by a state government, spent the past two years documenting how enslavement and its enduring legacy of systemic racism cemented structural inequality and recommend many methods for repairing the resulting harm.

The Reparations Task Force’s final report identifies methodologies for calculating reparations payments to the community of eligibility— descendants of a chattel enslaved person, or descendants of a free Black person living in the United States prior to the end of the 19th Century; and recommends to the Legislature, for its adoption, numerous policy changes directed at redressing each and every aspect of the atrocities perpetrated against African Americans, as well as, a formal apology, and a standard curriculum to help make the history of African Americans as well as the Task Force's findings and recommendations, accessible to people of all ages. Other components of the report include a survey on the implementation of the California Racial Justice Act, a detailed compendium of state and federal laws and cases impacting the rights of African Americans, and a robust community engagement process undertaken at the direction of the Task Force.

"For California to be a leader in the movement for true reparatory justice for African Americans, we must start with accountability. Our nation has for too long overlooked the atrocities visited upon African Americans or consigned them to vestiges of the past," said Attorney General Bonta. "This final report decisively establishes that now is the time for California to acknowledge the state's role in perpetuating these harms, and ensure that through a comprehensive approach to reparations, we commit ourselves to the healing and restoration of our African American residents.”

Enacted on September 30, 2020, AB 3121 tasked the Reparations Task Force with studying the institution of slavery in the United States – including the keeping of enslaved persons and enforcement of “Fugitive Slave Acts” in California – and how those actions and structures put in place during the enslavement period and thereafter resulted in a system that relentlessly subjugated African Americans. The report traces this through California’s history into the present and both details the ongoing adverse impacts on living African Americans and presents numerous ideas for policy changes designed to begin the process of repair, with special attention to addressing the specific injuries to descendants of individuals enslaved in the United States. 

The final report consolidates months of hearings, expert testimony, public comments, witness statements, and an array of records and materials submitted to the task force. The report is organized as follows:

• Part I details the history of how, 158 years after the abolition of slavery, its badges and incidents remain embedded in the political, legal, health, financial, educational, cultural, environmental, social, and economic systems of California and the United States.

• Part II discusses the international framework for reparations as established by the United Nations, which requires compensation, restitution, rehabilitation, satisfaction, and guarantees of non-repetition.

• Part III offers recommendations as to how the State of California should apologize for the state’s perpetration of gross human rights violations against Africans who were enslaved and their descendants.

• Part IV sets forth methods for calculating some aspects of monetary reparations to address: (a) health disparities, (b) disproportionate African American mass incarceration and over-policing, (c) housing discrimination, (d) devaluation of African American businesses; (e) unjust property takings by eminent domain; and (f) labor discrimination.

• Part V delineates a broad set of more than 115 recommendations to the Legislature for critically needed law and policy reforms to address and redress the harms set forth in Part I and support the other recommendations in the Report.

• Part VI discusses the results of the DOJ’s survey regarding the implementation of the California Racial Justice Act, which could offer a potentially powerful tool for rooting out and addressing bias in the criminal justice system, including charging decisions, convictions, and sentencing.

• Part VII includes a report commissioned by the Task Force intended to give the community voice in the conversation concerning reparations, including through listening sessions, collection of personal testimonies and oral histories, and a statewide survey.

• Part VIII sets forth the Task Force’s recommendation that the Legislature adopt a standard curriculum centered on the Task Force’s findings and recommendations and that the Legislature fund the development and implementation of age-appropriate curricula across all grade levels.

• Part IX contains a compendium of state and federal laws and cases that demonstrate that from the birth of the nation forward, federal and state constitutional provisions, statutes, and court decisions have sanctioned, enabled, and institutionalized discrimination, on the part of government and private actors, against African Americans.  

For additional information about the Reparations Task Force's work, please visit www.oag.ca.gov/ab3121. The final report can be accessed here.

Multistate coalition appeals to Target to stand firm against anti-LGBTQ+ discrimination

OAKLAND – California Attorney General Rob Bonta today, along with a multistate coalition of 15 other attorneys general, has urged national retailer Target to remain steadfast in its commitment to inclusivity and unequivocally reject anti-LGBTQ+ harassment and discrimination. The joint letter, issued during LGBTQ+ Pride Month, follows Target's recent decision to pull specific Pride-themed merchandise from its stores. This move coincides with an escalating number of ideologically-fueled attacks on LGBTQ+ Americans. Attorney General Bonta, along with the coalition, voiced his commitment to protecting LGBTQ+ individuals' civil rights. 

"No matter who you are or who you love, everyone deserves to feel safe and included in their communities. We stand firm with the LGBTQ+ community and urge Target not to give in to hateful ideology,” said Attorney General Rob Bonta. "This Pride Month, and all year round, the California Department of Justice is committed to standing up for our LGBTQ+ community."  

The letter recognizes Target's intentions to maintain the safety of its employees and customers from anti-LGBTQ+ harassment and criminal acts. However, it strongly encourages Target to liaise with appropriate authorities to effectively address any anti-LGBTQ+ threats in their stores. The threats, intimidation, and acts of violence and destruction in Target stores follow an increase in hate crimes and attacks targeting LGBTQ+ Americans. Amid this climate, Pride merchandise, like that offered by Target, serves as a beacon of support for the LGBTQ+ community. Thus, the attorneys general express their concern that Target's decision to pull Pride merchandise may inadvertently suggest that disruptive individuals can influence corporate decisions, thereby affecting the comfort level – and ultimately safety – of LGBTQ+ customers.

In California and many other states, civil rights laws serve to support Target's efforts in protecting its staff and customers from hate-driven harassment, intimidation, or attacks. For instance, California's Unruh Civil Rights Act and the California Fair Employment and Housing Act prohibit discrimination based on sexual orientation, gender identity, and gender expression.

Attorney General Bonta joined the attorneys general of Massachusetts, Minnesota, Arizona, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Nevada, New Jersey, New York, Rhode Island, Vermont, and Washington in sending the letter to Target.

A copy of the letter can be found here.

First-of-its-kind report highlights DOJ’s actions to defend and expand civil rights of the LGBTQ+ community in spite of ongoing threats to justice and equality

SACRAMENTO – California Attorney General Rob Bonta today, in honor of LGBTQ+ Pride month, issued a new “State of Pride Report” highlighting the California Department of Justice's (DOJ) recent actions to support, uplift, and defend the rights of LGBTQ+ communities across California and beyond. Pride Month is a time to celebrate the beautiful strength and diversity of LGBTQ+ communities, as well as to reflect on the struggles, sacrifices, and historic accomplishments of the LBGTQ+ civil rights movement. Despite the immense progress that has been achieved, more work remains to be done. Amidst alarming and increasing attacks on LGBTQ+ communities — from book bans to states pushing discriminatory policies across the nation, DOJ remains steadfast in its commitment to fight alongside LGBTQ+ communities in pursuit of justice and equality.

“As a committed LGBTQ+ ally, I firmly believe that everyone deserves to be safe, healthy, prosperous, and celebrated for who they are — regardless of how they identify or who they love,” said Attorney General Bonta. “As we come together this Pride Month to celebrate our LGBTQ+ communities, we must also recommit ourselves to the ongoing fight for LGBTQ+ rights at home and across the country. Today’s report shows the California DOJ's commitment to defending, expanding, and advancing LGBTQ+ rights. However, I know that there is substantial work yet to be accomplished. Our pursuit of equality knows no boundaries, and I vow to continue using every tool at my disposal to protect and promote the rights and well-being of LGBTQ+ individuals."

The State of Pride Report presents detailed insights into DOJ's latest initiatives to confront hate crimes and discrimination against LGBTQ+ individuals. One significant initiative is the launch of the Office of Community Awareness, Response, and Engagement (CARE), and collaborating with community organizations and the public to proactively address hate crimes. The report emphasizes the efficacy of the Attorney General's Hate Crime Rapid Response Protocol, which equips local law enforcement with the essential resources to efficiently handle significant hate crimes and extremism. Furthermore, DOJ is committed to combating discrimination in classrooms, sports, healthcare, and public spaces. The report focuses on DOJ's work to cultivate safe environments for LGBTQ+ students free from bullying, enable transgender athletes to participate in sports aligned with their gender identity, offer LGBTQ+ individuals access to gender-affirming healthcare, and advocate for inclusive public business accommodations, irrespective of sexual orientation or gender identity.

The State of Pride Report also underscores the ongoing adversities LGBTQ+ individuals face in California and nationwide. Despite considerable progress, many LGBTQ+ individuals still experience discrimination, harassment, and violence in their daily lives, and transgender individuals are especially vulnerable, facing high rates of poverty, unemployment, and homelessness. These challenges demonstrate the need for ongoing protective efforts to uphold and expand LGBTQ+ individuals' rights, enable all individuals to live free from discrimination and violence, and collaborate toward creating a more just and inclusive society.

Key data points in the State of Pride Report depict the reality of hate crimes and discrimination against LGBTQ+ individuals:

• About 2.7 million or 9.1% of California adults identify as lesbian, gay, bisexual, or transgender — the largest share of any highly populated state and one that is “considerably higher” than the national figure of 7.9%. 
• Unfortunately, in California between 2021 and 2022, there were over 391 reported hate crime events motivated by sexual orientation bias, and 45 hate crimes motivated by anti-transgender or anti-gender non-conforming bias. 
• LGBTQ+ children have been victimized and bullied at rates four times higher than their non-LGBTQ+ peer groups. This hate has a compounding impact on their physical and mental well-being: Nearly half of all LGBTQ+ youth seriously considered suicide in 2022.
• Across the United States, 2022 was a record-breaking year for state-level, anti-LGBTQ+ bills, with more than 200 pieces of legislation introduced in over 40 state legislatures that aimed to codify discrimination in classrooms, sports, healthcare, and public spaces. 

This data underscores the pressing need for sustained, vigorous efforts to combat hate crimes and discrimination against LGBTQ+ communities in California and across the nation. The State of Pride Report can be accessed at https://oag.ca.gov/lgbtq. For additional information on hate crimes and LGBTQ+ discrimination, please visit https://oag.ca.gov/hatecrimes. 

Review comes amidst allegations of bigoted text messages and other potentially discriminatory misconduct 

OAKLAND — California Attorney General Rob Bonta today announced initiating a civil rights investigation into the Antioch Police Department (APD). The investigation will seek to determine whether the law enforcement agency has engaged in a pattern or practice of unconstitutional policing amid deeply concerning allegations relating to bigoted text messages and other potentially discriminatory misconduct. If, through this investigation, the Attorney General’s Office determines that unlawful activity or practices took place, the office will also determine what potential actions are needed to ensure comprehensive corrective action takes place at APD.

“It is our job to protect and serve all of our communities,” said Attorney General Bonta. “Police departments are on the front lines of that fight every day as they work to safeguard the people of our state. However, where there are allegations of potentially pervasive bias or discrimination, it can undermine the trust that is critical for public safety and our justice system. It is our responsibility to ensure that we establish a culture of accountability, professionalism, and zero tolerance for hateful or racist behavior, on or off duty.”

Under the California Constitution and California Civil Code section 52.3, the Attorney General is authorized to conduct civil investigations into whether a law enforcement agency has engaged in a pattern or practice of violating state or federal law. As opposed to a criminal investigation into an individual incident or incidents, a pattern or practice investigation typically works to identify and, as appropriate, compel the correction of systemic violations of the constitutional rights of the community at large by a law enforcement agency. With regard to the Antioch Police Department, the Attorney General has made no determinations at this time about specific complaints, allegations, or the agency’s overall policies and practices. The Attorney General’s independent investigation of APD is separate from ongoing or potential administrative or criminal investigations at the local and federal levels.

As interaction and cooperation with the community is at the core of law enforcement’s work to provide public safety and create public trust, the Attorney General encourages anyone with information relevant to this investigation to contact the California Department of Justice’s Civil Rights Enforcement Section at Police-Practices@doj.ca.gov. Members of the public may also send information to the California Department of Justice in other languages. During the course of the investigation, attorneys and special agents at the California Department of Justice will work diligently to consider all relevant information, including from community members and organizations, local officials, oversight entities, Antioch Police Department, and individual officers.

Attorney General Bonta is committed to strengthening trust between local law enforcement and the communities they serve as one key part of the broader effort to increase public safety for all Californians. In February, Attorney General Bonta launched an investigation into allegations of excessive force at the Riverside County Sheriff’s Department. Last year, the Attorney General assumed responsibility for the Los Angeles County Sheriff’s Department’s investigation related to contracts awarded to a local nonprofit. He worked with authorities in San Francisco to help ensure the continuation of local oversight efforts related to officer-involved shootings, in-custody deaths, and severe uses of force. Attorney General Bonta also opened a pattern or practice investigation into the Santa Clara County Sheriff’s Office. In 2021, the Attorney General launched an independent review of the Torrance Police Department and secured a stipulated judgment against the Bakersfield Police Department requiring an extensive range of actions to promote public safety. Attorney General Bonta also established the Racial Justice Bureau within the Civil Rights Enforcement Section to, among other things, help address issues of implicit and explicit bias in policing.

Request information from the NFL relating to possible violations of federal and state employment discrimination laws

LOS ANGELES – California Attorney General Rob Bonta and New York Attorney General Letitia James today announced a joint investigation into allegations of employment discrimination and a hostile work environment at the National Football League (NFL). The NFL has offices in New York and California with more than 1,000 employees. The joint investigation will examine the workplace culture of the NFL and allegations made by former employees, including potential violations of federal and state pay equity laws and anti-discrimination laws.  The Attorneys General today issued subpoenas to the NFL seeking relevant information. 

“California will not tolerate any form of discrimination,” said Attorney General Bonta. “We have serious concerns about the NFL’s role in creating an extremely hostile and detrimental work environment. No company is too big or popular to avoid being held responsible for their actions.”

“No person should ever have to endure harassment, discrimination, or objectification in the workplace,” said Attorney General James. “No matter how powerful or influential, no institution is above the law, and we will ensure the NFL is held accountable.”

In February 2022, the New York Times reported on more than 30 former female employees alleging gender discrimination and retaliation after they had filed complaints with the NFL’s human resources division. More recently, a former female manager filed an employment discrimination lawsuit in Los Angeles Superior Court, alleging age, sex and gender discrimination and a hostile work environment. Additional lawsuits filed against the NFL pertain to race discrimination targeting a Black female employee and sexual harassment of a female wardrobe stylist, amongst others. Last year, the U.S. Congressional Committee on Oversight and Reform initiated a congressional inquiry into allegations of workplace misconduct by an NFL team owner. The Committee held oversight hearings to determine the magnitude of the situation, including the role played by NFL leadership, and included calls for reform in its report.

Despite reports and allegations of abuse perpetrated by both players and male staff, allegations that the NFL has not taken sufficient effective steps to prevent discrimination, harassment and retaliation from occurring in the workplace persist. The Attorneys General of California and New York are exercising their legal authority to seek information from the NFL regarding allegations of gender pay disparities in compensation, harassment, and gender and race discrimination. 

Attorney General Bonta is committed to defending workers' rights, workplace safety, and California's fair and competitive labor market. Through the Civil Rights Enforcement Section, the Worker Rights and Fair Labor Section, and the Antitrust Law Section, Attorney General Bonta enforces California’s laws to protect the welfare of California workers and legitimate businesses operating in the state. The California Department of Justice has a long-standing practice of defending Californians from employment discrimination, including on the grounds of age, race, gender, and sex. In March 2023, Attorney General Bonta joined 17 attorneys general in supporting the Federal Trade Commission’s proposed rule limiting noncompete agreements. In November 2022, Attorney General Bonta joined 21 attorneys general in filing an amicus brief opposing McDonald’s attempt to evade liability for past alleged efforts to stifle competition and undercut wages through the use of “no-poach” agreements. In October 2022, Attorney General Bonta filed an amicus brief in an effort to protect Californians from discrimination in the employment hiring process.  

Local municipalities put on notice regarding the adverse effects of Crime-Free Housing policies and urged to comply with federal and state fair housing laws

OAKLAND – California Attorney General Rob Bonta today announced statewide guidance to address Crime-Free Housing policies that disproportionally discriminate against people of color, survivors of domestic violence, people with disabilities, and justice-involved individuals. Crime-Free Housing policies can compound the impact of racial and ethnic disparities in the criminal justice system by replicating those inequalities in the housing system. The California Department of Justice will provide the guidance issued today to all cities and counties throughout California to urge local municipalities to review and potentially reconsider aspects of their Crime-Free Housing policies to ensure compliance with civil rights laws and fair housing regulations.

“In California, we’re taking action to end housing discrimination and foster diverse communities,” said Attorney General Bonta. “The statewide guidance issued today presents clear legal standards and procedures to proactively prevent discriminatory housing practices within localities. Tenants have rights under the Fair Employment and Housing Act and other California laws that protect against many forms of housing discrimination, and this guide aims to ensure we are eliminating barriers to housing and promoting equal opportunities.”

Hundreds of cities and counties within California have adopted Crime-Free Housing ordinances or programs in the past few decades. These policies may induce property owners to use tenant screening tactics that are prohibited by California law. In particular, landlords may evict tenants based on their calls seeking law enforcement assistance—for example, in response to domestic violence—or based on mere allegations of criminal activity, rather than convictions.  

Discriminatory housing restrictions have historically been used to perpetuate racial segregation in communities. The state guidance on Crime-Free Housing policies highlights local jurisdictions’ obligations under federal and state law to ensure equal access to housing. Local jurisdictions should be particularly mindful of the following ways in which Crime-Free Housing policies may run afoul of the state Fair Employment and Housing Act and/or the federal Fair Housing Act: 

• Using dehumanizing, derogatory, or racially charged or coded language in any local policies and ordinances, including but not limited to any training materials, manuals, and workbooks on Crime-Free Housing policies;
• Instructing or encouraging property owners to adopt screening practices or rental policies under which landlords broadly deny tenancy to applicants with any criminal history or encourage tenants to “screen themselves” on that basis;
• Initiating evictions or directing or inducing landlords to evict tenants based solely on arrests or other interactions with law enforcement rather than convictions; and
• Taking adverse actions against tenants who seek law enforcement assistance or discouraging tenants from seeking such assistance.

The Attorney General’s office has the authority to investigate local jurisdictions if they are found to be violating any California or federal housing laws.

A copy of the statewide guidance can be found here.

SAN FRANCISCO -- Following last year’s launch of an unprecedented criminal justice open data initiative, OpenJustice, and the passage of Assembly Bill 71, Attorney General Kamala D. Harris today launched a web-based tool that allows California law enforcement agencies to digitally report law enforcement or civilian uses of force. As part of the Attorney General’s commitment to promoting government adoption of technology, this tool was built as an open-source project and the software code will be made available free of charge to other law enforcement agencies around the country. A public demo of the tool is available at ursusdemo.doj.ca.gov.     

Previously, law enforcement officers in California reported on any death in custody on paper forms. No state in the country, including California, collected data on any non-lethal use of force.  Assembly Bill 71, authored by Freddie Rodriguez (D-Pomona), and supported by Attorney General Harris, created a new requirement for California law enforcement agencies to annually report to the California Department of Justice data on any incidents that occurred in the previous year involving use of force by a civilian or peace officer against the other that involves a firearm or results in serious bodily injury or death.

The online platform, nicknamed URSUS after the bear on the California flag, can be accessed by any law enforcement agency in the state to report use of force data in an all-digital format, rather than by using a lengthy paper form. Today’s launch is a beta release to the field in advance of the January 1, 2017 reporting deadline for data from 2016 so that law enforcement agencies may use the tool during the fall and provide feedback to our office, which may be incorporated to enhance the tool’s functionality.  

“As a country, we must engage in an honest, transparent, and data-driven conversation about police use of force,” said Attorney General Harris.  “I am proud that California continues to lead the nation in the adoption of technology and data to improve our criminal justice system and keep our streets safe.”

One of the objectives of the OpenJustice initiative is to modernize data infrastructure, and this reporting tool will dramatically improve the speed and quality of data submitted, allowing data from the most complex incidents to be entered by law enforcement in under five minutes. The application includes dynamic screening questions and intelligent error-checking to help agencies input more accurate data. In addition, the platform’s advanced security features and role-based review workflows improve data reliability and integrity. This tool also minimizes costs for law enforcement, as its web-based interface and cloud storage reduce the need for local investment in custom data collection systems.

“The California Police Chiefs Association was an early supporter of AB 71, relating to use of force data, and has been collaborating with the Department of Justice ever since the bill was signed by the Governor last year,” said CA Police Chiefs Association President Chief Ken Corney. “We believe it is a sound practice to gather and report use of force data and make this information available to the public.”

“I commend Attorney General Harris on her development and launch of URSUS,” said California Highway Patrol Commissioner Joe Farrow.  “URSUS will assist law enforcement in gathering critical data involving use of force by a peace office, or by a civilian against a peace officer, that results in serious injury or death or involves the use of a firearm in order to meet the requirements of Assembly Bill 71. I am confident the introduction of URSUS and the collection of this data and information will improve the relationship between law enforcement and the communities that we serve.” 

“We are proud to participate in this very important program. This technology is crucial to providing accurate public data on incidents involving the use of force,” said Walnut Creek Police Chief Thomas Chaplin.  “We wholeheartedly support this approach to create additional transparency and ease of accessibility for use of force data.”  

In addition to facilitating statewide collection, this tool also provides a suite of analytical tools for local agencies to better monitor incidents in their own jurisdictions, including features such as a dashboard, interactive charts, and pivot tables. Smaller agencies that may not currently have their own tracking systems will particularly benefit from these tools. 

The reporting tool was built through a first-of-its-kind collaboration between the California Department of Justice and Bayes Impact, a technology-for-good non-profit organization. In her continuing efforts to bring civic technology to government, Attorney General Harris established this unique partnership combining the California Department of Justice’s knowledge and expertise in law enforcement with Bayes Impact’s expertise in agile software development. The application was developed in just over six months, in ongoing collaboration with 12 pilot law enforcement agencies.

As part of the Attorney General’s commitment to ensuring that government technology serves the public, this tool was built as an open-source project and the software code will be made available free of charge to other states and agencies. Its open-source nature will also reduce ongoing maintenance costs as compared to a proprietary solution. 

Yesterday, Governor Jerry Brown signed into law the OpenJustice Data Act of 2016 (Assembly Bill 2524), which the California Legislature unanimously passed last month. This law, sponsored by Attorney General Harris and authored by Assemblymember Jacqui Irwin (D-Thousand Oaks), will convert Crime in California and other annual reports published by the California Department of Justice into digital datasets, which will be published on the Attorney General’s OpenJustice Web portal. The data from AB 71 will be posted on OpenJustice in early 2017.

Attorney General Harris first launched the OpenJustice initiative in 2015 as a mechanism for improving trust between communities and law enforcement, enhancing government accountability, and informing public policy with data. 

Earlier this year, the Attorney General announced the release of OpenJustice 1.1, which enriched the web portal’s initial data sets with city and county level data exploration tools and contextual information including population and demographic information, unemployment rates, poverty rates, and educational attainment levels.  In addition to providing greater transparency, this information enables policymakers to craft more informed, data-driven public policy.

Attorney General Harris has also taken several steps to strengthen the relationship of trust between law enforcement and California communities.  She directed a 90-day Review of her Division of Law Enforcement’s policies on use of force and implicit bias, convened the state’s law enforcement leaders to share best practices through her 21st Century Policing Working Group, created the first POST-certified course on Procedural Justice and Implicit Bias in the U.S., and developed a pilot for body-worn cameras for DOJ Special Agents.