Chapter 13.09 — DISCRIMINATORY REPORTS TO LAW ENFORCEMENT

The Council finds and expressly declares as follows:

A. There have been numerous incidents across the country involving individuals contacting law enforcement to report innocuous behavior as suspicious, or to falsely report alleged criminal behavior, for what appear to be solely discriminatory reasons. Discriminatory law enforcement reports against people of color for racially motivated reasons are common enough that many people of color have experienced one or more incident of being contacted by law enforcement when engaging in normal day-to-day activities. These incidents cause serious harm to the person falsely accused of a crime, cause anxiety and distrust among people of color, and put an unnecessary strain on law enforcement officers responding to frivolous and false calls.

B. The misuse of law enforcement by members of the public to discriminate against others should not be tolerated and the City should take action to stop such behavior in every way possible. Creating a means for people who suffer this kind of discrimination to seek redress from those who have targeted them through a civil cause of action for damages will discourage this type of behavior and provide a tangible way for these victims to be compensated for this wrong.

C. This ordinance is not intended to discourage individuals from contacting law enforcement when they are facing real danger or desire to report a crime. It will allow individuals who have been reported to law enforcement for unfair and unnecessary reasons to seek justice and restitution, and will motivate people who contact law enforcement to consider the reasons they are making the report. (Ord. 7837-NS § 1, 2022)

a. It shall be unlawful to knowingly make a false or frivolous call to police to cause a peace officer to arrive at a location to contact a person, with the primary intent to cause any of the following to occur, on the basis of the person’s actual or perceived Protected Attributes:

1. Infringe upon the person’s rights under either the California Constitution or the United States
Constitution;

2. Discriminate against the person;

3. Cause the person to feel harassed, humiliated, or embarrassed;

4. Cause the person to be expelled from a place in which the person is lawfully located;

5. Damage the person’s reputation or standing within the community; or

6. Damage the person’s financial, economic, consumer, or business prospects or interests.

b. For purposes of this Chapter, "Protected Attributes" include race, color, ancestry, ethnicity, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height. (Ord. 7837-NS § 1, 2022)

a. Any aggrieved person may enforce the provisions of this Section by means of a civil action.

1. A person found to have violated Section 13.09.020(a) in a cause of action under subsection (a) shall be
liable to the aggrieved person for special and general damages, but in no case less than $1,000 plus attorneys’
fees and the costs of the action. In addition, punitive damages may be awarded in a proper case.

2. Nothing in this Section shall preclude any person from seeking any other remedies, penalties, or
procedures provided by law. (Ord. 7837-NS § 1, 2022)

In enacting and implementing this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 7837-NS § 1, 2022)

If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The Council of the City of Berkeley hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (Ord. 7837-NS § 1, 2022)