APPROVED AS TO FORM AND LEGALITY
________________________
C
ITY ATTORNEY’S OFFICE
OA
KLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
INT
RODUCED BY COUNCILMEMBER KALB
RES
OLUTION IN SUPPORT OF CALIFORNIA STATE SENATE BILL 50
(BRADFORD) THAT WOULD LIMIT RACIAL PROFILING BY PROHIBITING
A PEACE OFFICER FROM INITIATING A MOTOR VEHICLE OR BICYCLE
STOP FOR A LOW-LEVEL INFRACTION, UNLESS THERE IS A SEPARATE,
INDEPENDENT SAFETY-RELATED BASIS TO INITIATE THE STOP
WHEREAS, in so-called “pretextual stops,” an officer stops someone for a minor traffic violation, such as tinted windows or expired registration, with the intention of using the stop to investigate a hunch that the individual has committed a more serious crime. These stops, which require no evidence or articulable suspicion of a more serious crime, disproportionately impact communities of color. Data analyzed by the California Racial and Identity Profiling Advisory Board show that people who were perceived as Black were stopped at 2.7 times the rate of people perceived as White; and
WHEREAS, those perceived to be Black adolescents between 15 to 17 years old were searched at nearly six times the rate of those perceived as White youth; and WHEREAS, study after study has found that not only do police search Black and Latino people far more often than Whites during traffic stops, but also that White people are more likely to be found with contraband; and
WHEREAS, officers are also significantly more likely to use force against Black people during these stops; and
WHEREAS, research shows that pretextual stops do not significantly benefit public safety yet use valuable resources that could be directed to more effective public safety approaches. A 2022 study by Catalyst California and ACLU SoCal found that instead of addressing community concerns about serious crime, Sheriff’s deputies in Los Angeles and Riverside counties spent nearly 9 out of every 10 hours on stops initiated by officers rather than responding to calls for help; and
WHEREAS, SB 50 will help protect Californians of color from unnecessary harms and help ensure that public dollars dedicated to community safety are used more effectively; and WHEREAS, California State Senate Bill 50 will limit law enforcement’s ability to stop people for minor, non-safety-related traffic infractions, unless there is an independent, safety
2 3271099/JB
related basis to initiate the stop. It will also provide technical clarification to ensure that localities can explore non-law enforcement approaches to traffic safety; now, therefore, be it
RESOLVED: That the City Council hereby endorses SB 50 and urges the California State Legislature and Governor Gavin Newsom to support its enactment into law.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California