NEWS FROM THE CITY ATTORNEY'S OFFICE
FOR IMMEDIATE RELEASE

October 30, 2001

OAKLAND CITY ATTORNEY UNVEILS CAMPAIGN TO PUNISH HATE CRIMES

In the wake of the September 11th terrorist attacks, Oakland City Attorney John Russo was joined by civic and community leaders today in unveiling a new campaign to punish hate crimes. Impetus for the campaign came from direction set forth by the Oakland City Council following the terrorist attacks that Oakland-proud of its diversity-would not tolerate discrimination, hatred or racial divisiveness. The campaign was also created in response to concerns raised by the community that residents may be subjected to harassment, intimidation and threats because they are perceived to be of Middle Eastern ancestry.

The Office of the City Attorney is using a unique approach to punish hate crimes under California Civil Code sections 52 and 52.1, which provide authority for the City Attorney to bring a civil action for violations of state and federal civil rights laws, including violations of the law that involve hate crimes.

Hate crimes are acts of violence, threats or intimidation toward any person on the basis of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, position in a labor dispute, or because another person perceives them to have one or more of these characteristics. Under these provisions, the City Attorney may obtain civil penalties of $25,000 for each incident, injunctive and equitable relief and attorney's fees.

Using California civil law to punish hate crimes allows the City of Oakland more flexibility in pursuing perpetrators, as the burden of proof requires demonstrating a "preponderance of evidence" rather than proving "beyond a reasonable doubt," as required in a criminal case under the authority of the District Attorney.

"In the Office of the City Attorney, we are committed to do our part to stop hate and violence from begetting more hate in violence in our community as a result of the tragic events of September 11th and the war against terrorism," said City Attorney Russo. "The poster we are hanging today sends a clear message: Oakland is a hate-free zone. It proclaims this sentiment in 12 languages, reflecting a facet of the tremendous diversity with which we are blessed: Arabic, Vietnamese, Hindi, Tagalog, Farsi, Spanish, Chinese, Turkish, Urdu, Hebrew, Khmer and Punjabi. Oakland can be proud to be a model for the nation as a community standing together, united against hate and violence."

The Office of the City Attorney has established a toll-free, confidential Hate Crimes Hotline-866-4-NO-HATE-for witnesses or victims to report hate crimes. A poster declaring that "Oakland is a hate-free zone" is being distributed to hundreds of shops, restaurants, schools, office buildings and businesses to advertise the hotline and send the message that hate crimes are illegal and will be punished.

City Attorney Russo was joined by over a dozen elected officials and community leaders, including:

  • Alameda County District Attorney Tom Orloff
  • Vice Mayor Jane Brunner, District 1
  • Councilmember Nancy Nadel, District 3
  • Councilmember Moses Mayne, District 6
  • Paul Cobb, Board Member, Oakland Unified School District
  • City Manager Robert C. Bobb
  • Oakland Police Chief Richard Word
  • Kathleen Hegen, President-elect of the Alameda County Bar Association
  • Ann Wassam, Executive Director of the Alameda County Bar Association

The City Attorney also acknowledged the support and leadership of Mohamed Mohamed, President of the Yemeni American Grocers' Association, whose brother owns the Millennium Market where the press conference was held, and who has been instrumental in bringing this issue to the forefront in Oakland.

The objective of the Hate Crimes Program is two-fold:

  1. To send the message that Oakland is proud of its diversity and will not tolerate hate or violence
  2. To provide the community with a place to report hate crimes and the informational support to do so.

The Program will be managed by Deputy City Attorney Maria Bee, who managed the Hate Crimes Unit of the San Francisco District Attorney's Office prior to coming to Oakland. Ms. Bee is an experienced litigator who will oversee a panel of private attorneys set up in partnership with the Alameda County Bar Association and civil rights attorneys groups.

The hotline will be staffed by trained legal professional who will screen and process calls. Once the Office of the City Attorney has determined that there is sufficient basis to file a lawsuit, the case would, in most instances, be given to an outside panel attorney who, with the City, would jointly prosecute the offender in the name of the City of Oakland and the victim. In cases where there was a criminal offense, the Alameda County District Attorney Tom Orloff has committed to pursue criminal prosecution.