Handcuffing California's Cops: the RIPA Act and Decriminalizing Prostitution Loitering
Instead of promoting public safety, California lawmakers craft pro-criminal and anti-cop legislation that promotes human trafficking and disincentivizes proactive crime fighting encounters.
I love California and I miss what it used to be. Despite some negative publicity recently, California remains a unique and special place. Its allure dates back to the 1848 gold rush and its eventual statehood in 1850. During my adolescent years, my family considered relocating to San Diego, a prospect that excited me. In the past, those considering a move to California were often questioned about their concerns regarding the possibility of an earthquake causing everything west of the San Andreas Fault to plunge into the ocean.
California has long been a magnet for people from around the globe due to its breathtaking natural landscapes, rich culture, forward-thinking initiatives, and strong economy. However, the state has faced numerous difficulties in recent years that have marred its image. Challenges such as sky-high living expenses, homelessness, wildfires, droughts, and gridlocked traffic have troubled residents, leading many to contemplate relocating. In addition, leniency towards criminal activity and laws that hinder law enforcement have caused both citizens and police officers to leave the state.
Prior to 2020, the non-federal sworn law enforcement population of the state exceeded 80,000 officers. The most recent figure was 76,100, a 4.5 percent drop over two years prior. Texas, with 75% the population, has 80,199 full time sworn peace officers according to the Texas Commission on Law Enforcement website.
The most visible of bad law modifications has been ‘inflation adjusting’ the limit between misdemeanor and felony theft. This took root in several places in the country, including California, Illinois, and New York and has resulted in the videos of mass organized theft and brazen lawlessness. In July, I wrote “retail theft has nearly doubled since 2018 according to the National Retail Federation, to the tune of $94 billion dollars of loss per year. Target alone claimed nearly a half a billion annual loss due to criminal theft.”
There are two vital areas that demand attention
In 2023, California made a significant shift in its approach to law enforcement and prostitution-related offenses with the passing of SB 357. This legislation brought about the repeal of the Safer Streets for All Act, a piece of legislation that addressed the issue of loitering with the intent to commit prostitution. This act, outlined in Section 653.22 of the California Penal Code, allowed law enforcement officers to take action against individuals suspected of engaging in or planning prostitution-related activities, including loitering with the intent to commit prostitution.
The repeal of the Safer Streets for All Act and the subsequent changes raised concerns about the implications of police to combat human trafficking.
San Diego CBS News 8 reports: “National City Mayor Alejandra Sotelo-Solis says California Senate Bill 357, the bill that repealed anti-loitering laws for the intent to sell sex in California, is creating serious unintended consequences in National City. "Even driving home myself, when I see a scantily clad woman, literally pasties and a thong, I can only imagine what that person is feeling,” said Sotelo-Solis.”
Fox news presents a more disturbing picture: “Pimps in Oakland have reportedly stationed prostitutes outside a Catholic grade school, where parents said they walk their kids to school past women wearing next to nothing – or even naked.”
"Under Democratic rule, families and businesses are moving out, while human traffickers are moving in," Gallagher added. "It was clear from the get-go that this law would encourage and enable human trafficking, but that was apparently an acceptable result for the lawmakers who backed it."
Governor Gavin Newsom drafted these quotes in a letter released upon his signing of SB 357:
“The author brought forth this legislation because the crime of loitering has
disproportionately impacted Black and Brown women and members of the
LGBTQ community. Black adults accounted for 56.1 % of the loitering charges in
Los Angeles between 2017-2019, despite making up less than 10% of the city's
population.
To be clear, this bill does not legalize prostitution. It simply revokes provisions of
the law that have led to disproportionate harassment of women and
transgender adults. While I agree with the author's intent and I am signing this
legislation, we must be cautious about its implementation. My Administration will
monitor crime and prosecution trends for any possible unintended
consequences and will act to mitigate any such impacts.”
Does RIPA (AB 953) Define "Racial and Identity Profiling"?
RIPA defines racial and identity profiling as the disparate treatment of an individual or group based on perceived race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, or disability. This definition assumes a wide range of factors that may influence law enforcement interactions. The RIPA officer requirements and requirements are the active study to prove this faulty hypothesis.
Under AB 953, police officers are required to collect and catalog information such as the date, time, and location of the stop, as well as the perceived race and ethnicity of the individuals involved. In other words, officers are going to be judged on how well they guessed the race, ethnicity and perceived gender of citizen contact where there is just cause. This would include passengers in cars and other vehicles stopped.
But AB 953 was never about validating the good work of the officers, instead highlighting disparities that don’t exist. Famous studies, including a New Jersey study, have found that in vehicle stop studies, race was not known and unable to be known and stops were based on violations. It also found that traffic violations recorded by surveillance video, do not occur equally among all people groups. That’s no secret to the people who sponsor these laws.
More data won’t equal better outcomes
In November I wrote: The San Francisco Police Department (SFPD) is being called out by their police commission over 2022 Q4 data that reflects that police force was used 25 times as frequently on black people as white people. This data also appears to continue that shocking trend into 2023. A policy change effective in April 2022, is now broadening use of force and bogging down officers.
“In the previous quarter, the disparity was a magnitude of 11, and the highest disparity on record dated back to 2016, when Black people experienced force from police 16 times as much as white people.” Commission members aren’t satisfied with the answers, after all, they wrote the policy.
“Additional actions are now considered reportable uses of force, including an officer pulling out their weapon and getting it into a position known as “low ready,” with the gun pointed at the ground or away from a subject. Physical holds and takedowns, previously only reported if they caused pain or injury, must now always be reported.”
Dealing the race card from the bottom of the deck
As the saying goes: When you are a hammer everything looks like a nail. There is a body of common knowledge that includes the lawmakers who are aware that trust in law enforcement is great overall and well founded. Almost all the complaints based on bias are resolved as groundless false accusations, including those audited by third party review. If anything, these repeated false accusations prove, most recently New York City Council Member Yusef Salaam who accused a black NYPD officer of profiling on a stop of illegal window tint where the officer couldn’t see the passengers inside, that should racial profiling exist, they are incredibly rare.
Please keep all law enforcement officers in your prayers, especially our California cops!
References:
https://www.city-journal.org/article/the-decadence-of-identity-politics
https://ucpd.berkeley.edu/alerts-data/racial-and-identity-profiling-act
https://www.tcole.texas.gov/content/current-statistics
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San Francisco Police Can’t Justify Growing Racial Disparities in Force
Officials struggle to explain The San Francisco Police Department (SFPD) is being called out by their police commission over 2022 Q4 data that reflects that police force was used 25 times as frequently on black people as white people. This data also appears to continue that shocking trend into 2023. A policy change effective in April 2022, is now broaden…
#PoliceLiesMatter