Res. No. 718

Resolution calling upon the New York State Legislature to pass, and the Governor to sign, S.9149 in relation to falsely reporting an incident as a specified offense for the purpose of hate crimes, also known as the 911 Anti-Discrimination Act.

By Council Members Cabrera and Cornegy

                     Whereas, Several well-publicized incidents of biased reports to 911 have drawn national attention and widespread condemnation; and

                     Whereas, In many such incidents, Black people and other people of color have endured police intrusions simply for behaving in ways that would be insignificant but for the color of their skin; and

                     Whereas, In other incidents, Black people and other people of color have endured police interactions for absurd alleged infractions or dubious reasons; and 

                     Whereas, These incidents have involved calls to the police or 911 to report Black and people of color barbequing, golfing too slowly, mowing part of the wrong yard, an 8-year-old girl selling bottled water, napping in a college common area, and playing basketball too aggressively; and

Whereas, For example, in May 2018, police responded to call of someone reporting a possible robbery, whereas actually the person in question was Darren Martin, a former White House staffer for the Obama administration, who was moving into a new apartment in Manhattan; and

                     Whereas, The caller alleged Martin, a black man, was a robber who was possibly in possession of “a weapon [or] large tool;” and

                     Whereas, In another example, a passenger called the police on Shawn Pepas, a livery driver from Brooklyn, for allegedly not turning on the radio in his car; and

                     Whereas, The 911 Anti-Discrimination Act was introduced by New York State Senator Jesse Hamilton in response to the misuse of 911, which he experienced himself; and

                     Whereas, As Senator Hamilton was speaking with constituents at a Brooklyn subway entrance, a Trump supporter objected to him speaking and called 911; and

                     Whereas, The 911 Anti-Discrimination Act would not only provide the opportunity for a meaningful response to these incidents, it would also discourage others from misusing emergency response resources for racist and biased means; and

                     Whereas, When law enforcement entities respond to these biased calls, they inadvertently enforce the racial biases of private citizens, converting those biases into governmental discrimination; and

                     Whereas, Any effort to disincentivize persons from misusing emergency services for racist or biased purposes would help deter inadvertent governmental discrimination; and

Whereas, The 911 Anti-Discrimination Act would add first, second, and third degree false reporting to the list of charges eligible for hate crimes sentencing enhancements, increasing the penalties for each; and

                     Whereas, Pursuant to the 911 Anti-Discrimination Act, the motivation for false reporting would include a perception or belief about an individual’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation; therefore, be it

                     Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, S.9149 in relation to falsely reporting an incident as a specified offense for the purpose of hate crimes, also known as the 911 Anti-Discrimination Act.

LS #8774

12/17/18

CMA