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HomeMy WebLinkAbout11/18/2009 - STAFF REPORTS - 1.A. Ir - 1 . A fj ' F ' issues,"said Commission Chairman Jerry Trussell."Were delighted to have the fi rtis direc. EvohatiollofAmcncanpublic unexpected levels,although tragedy of a differ- tor Dan Rothingler and Charlene herself with policy and advances in ent sort may still be part of the equation, us at the screening to add to the story."After human rights often seem to Adocumentary5lmthat tells one such indi- the screening,Charlene,Rothmiller andattor- require horrific tragedy as a vidual and poignant Cale came to the attention ney Christopher Heritage will talce questions Precursor to long overdue of the Palm Springs Human Rights Commis- and discuss legal aspects of marriage equality." social change.These events sion.,For My Wife is the story of Charlene Heritage focuses on estate and relationship have usuallyhappened enlarge scales!decades Strong,who encountered appalling indigni- planning needs of the LGBT community,is a of police harassment and brutality eventually ties and cruel obstacles as she tried to cope with regular contributor to TheBoLtomLineand sparked the Stonewall uprising;thousands of the aftermath of her partner's sudden death writes a column,"Q-Legal"on these issues. deaths from AIDS at last prompted govern- and her rights as surviving spouse.The Com- The Commission works in many areas of ment attention,medical research and drug treat- mission is hosting a fee screening of For My human rights,including elder abuse,homing, ments.And the civil rights movement's cen- Wife on Friday,September 25 at the palm employment,minority discrimination,voting tury-long struggle against bigotry and ignorance Canyon Theatre in Palm Springs(more infor- rights and LGBT issues.In the past year,the along with the length of its casualcylistperhaps mation can be found at the end of the article). Commission participated in Black History best demonstrates how difficult it can be to "The mission of the Palm Springs Human Month,VillageFest,Neighborhood Involve- enlighteaAmerican socialmores-Butprogress Rights Commission is to provide forums for meat events and continued its Promoting Uni- can also happen on quieter,individual and education and discussion on human rights versal Human Rights Close to Home Awards. 62 • ThBBYQYmuqI msk�ttom:9uTe.capt _j_ _ _ I IITI I � 1::� I I; III ' -• BYSM 1 BOld= - A few years ago,Charlene could never have imagined that she would soon become an activist for marriage equality,a public speaker, ra role model and a national spokesperson for rights inherent to same-sex marriage.Perhaps most unlikelywas that Charlene would become the subject of a film.For My Wifehas wan sev- eral awards and tells the full story of her d - partners death and the series of public events, controversy and changes in the law it triggered, Charlene and Kate Fleming had been.part- .,� nered for nine years,living quietly and"hap- pily in Seattle.Charlene was an office mail- - . ager,planning eventually to become an interior designer-Kate was a successful,award-witl- ling narrator of audio books and worked in a sound studio in the basement of their home. They referred to each other as"my wife,' On the night of December 14,2006,one Of the worst storms in recent history lashed n Seattle,creating among other major damage, unexpected and deadly flash floods.'Me base- p mentstudiooftheirhomequicklyfilledwith +�•,. icy water and Kate,trying to save her life's work, became trapped. Charlene nearly drowned herself trying to rescue her.Para- medics finally reached Kate,now unconscious, t a i y6 and took her L0 a hospital.When Charlene, for reform.Cltarlene's testimony is cortsid• "There are stories of couples with all their t'ollowing the ambulance,reached lire emer- Bred a Ivey factor in the states passage of land• paperworlc in order who still have to fight," gencyroom she was blocked by a social worker mark Domestic partnership legislation- said Charlene."A couple from Washington J who informed her that only family members That brought her to the attention of film- state,tcgether20yc.trs with three adopted could see patients. maker David Rothmiller,whose company children,went on vacation to I=lorida.One Hospital personnel lben forced Cliarlene Trickdog films produced Carlv,[y Wife in2008- had anancurysm and died.The hospital told to wait until Lhey received permission frorn "Charlene is an open-hearted and well- her partner they were in a'gay 1105die'state ICatc'sout-of-sLaterelatives before she was spoken representative ofan issue that,inmany and that they had'ne rights here:"Charlene allowed to be with her dying partner.Char- parts of the country,threatens people,"said believes this clearly demonstrates the need iY lease was finally admitted to Kate's room Rotlimillcr."But Charlene is unthreatening, for a federal solution. I andwas able to tell her that she loved her-Kate What happened to her should not happen to "The iiws in place the night I was barred I'I died shortly after. anyone- By meeting Charlene and fate from the hospltal room were sl-Win the tradi- 1 'Yhebigouydidn'tendthere.AsCharlene through this film,viewers wi11`know'some- tionadsense,"said Charlene."l lie thbhlaagwas tried to arrange Kale's memorial service,the one affected by discrimination.And must Lhat since Kate could not speak for herself,I i funeral director refused to deal with her,asle- likely,theywillundcrstand Lie enherentmjus- was considered not next of lun.Marriage would in,-,"Who the hell ate you?" Lice of what happened as Charlene tried to havedlowed me that next-of-kin status.Some- "He wouldn't even look at me,"recalls get into the room of her dying wrfc.' one asked me,'Why didn'tyou just.Sayshc was Charlene,"Even when I told him he could Charlene continues to work across the yoursister?'Well,l'dhvedmylife not.evillW ik- addressquestionslonie,becauseIwouldbe country on marriage equality rights and ingLhiswuttldbean issue.Tholawwaswrong malong the arrangements,lie still would only was recently appointee)by the governor to the and that's why I chose to stand Lip.' talk To Kite's mother." Washington State Human Rights Commis- The seeds of activism were sown even Less than a month after Yates death,Char- lion.She stresses that,of course,an incredi- before Kale's deal h."The way that Kate was lene told her story to the Washington state ble amount of work remains.One area in par- raised,"said Charlene,"which was not how legislature,putting ahLiman face on the need titular"gets her hackles up"—living wills. I was raised,was all about helping people less fortunate.Her father worked in the labor a lot of people who go after the gay and les- victual and the rights that I deserve as a human. movement,her sister as a district attorney biau community have about a Fifth-grade Anyone who was in the tragedy that I cxpe- in New York City.There were a lot of people understanding of the Bible.And dials really rienced that night with Kate,if they had any doing the right thing in her fancily and that tragic as txeytry to spew that onto other peo- heart,they would have opened that door and has a tendency to rub off on),on when you ple-Many theologians are saying this Biblical let ine in.Kate was all about social justice and love someone.Kate was a tremendous teacher." comparison between Christianity and homo- for me,the fight has just begun.And I'll con- They did something that surprised some sexuality is incorrect,that too many people thtue to fight in Kite's name:' of their acquaintances.`Asa couple,we actu- don't understand what was meant to be said:' This unique film humanizes the struggle for any went badctothe Catholic Chm-ch—which Rolhmlller also noted how religious beliefs full LGBT marriage right Sand is especially apt I':snow sounds crazy—but we both wanted influence hospital visitation rights between as the fight for equality looms again for 20 L2. to explore our faith as acouple,;'recalled Char- same-sex partners."They turn it into an It's about love,dignity and fighting for what lene."In doing that,we realized we had to Old Testament,Mblical rationale,"he said, is right.The Human Rights Commission help make a change,We got involved with the "The`man and woman'only thing.That's believes this is something that any viewer,gay Archdiocese and went around speaking about what seems to refuse entrance into the minds or straight,can relate to.And it seems a fitting dhc struggle of tieing gay and also trying to be of people who oppose same-sex marriage tribute to Kate Fleming,who often dedicated part of a church we had been raised in,bap- or equality.It's the human decency element her work simply—"for my wife.' tized in,confirmed in,and we didn't rites- that the film pomays.It's just human decency sarily fed like leaving:" to allow onemenhber of aloving couple access gFCPmGlttl-4.prGullVCrgr',w a free screening sponsored Yet religious intransigence was largely to the other member of the couple-The hos- by the Palm Springs Human Rights Commission,Fri- responsible for many of the barriers Charlene pitalization rights issue is huge,regardless day,September 25 at 6 pm at Palm Canyon Theatre, encountered."This whole issue of decency of same-sex marriage rights:' 538 N.Palm Canyon Drive in Palm Springs.For more and reli thous fanaticism—it's behavior that "1 won't waste my breath with someone mfonnationlonnyrwilainfo,hlckdogf ims.com,Ulialm- is unhelpful and damaging whether you're [on the religious issues],"added Charlene. springs ca uslindex.aspa7psge�41,fa5(PS I•luman gay or straight,"she observed."I believe that "II will argue about humanity of the indi- Rights Commission Information). i THE DESERT SUN [ NION€ RI,SEPTET BER 21, 2009 [ BS "Congr'esa shalt make no Lan•1cStled Mg on eaahtishr lent or reGgio¢ or _ prohibiting Fire free ezeici,e therct,F of abrid'-- g IEI--freedom of spoech or ni the pies_,or the iigl a of the people peaceahty to assemble, " and m pelinon the Govemmenr fm a redr,-s:of gMetancep. In I o�� n " FIEF dnt�dmeirt to the U.S.CaraGtu¢un _ Community Cot Editor: James Folmer 4-(760) 778-4625 . lames.folrre"r@thedesertsrrn.Com S 1 r e ; 11 , I ! 'ff Wmffr1 1 n 11ww 71 ii,1 1 VALLEYVO!CE5 i�-tau true e_abot a mwie 7 e t reason the Hamau rg.its Com -wfused to deal with CEuleue,asking toed a key factor in lidping to•pas,BY MK susaion will host a tiee screeniug `1-Yho the hell are}nut'The wncepr . TA'asltington's 1-arrclinuk dome;ti[ - i•Patm Spdrt Human Relatnons Ecmnissica _ „ - , One of the most surprising of the documentary For Pv1y : that there ach> hJ ar2llzlone,lotutg 'partnership]�gislaficut.S[tz continues - queaiions I've received as chair- tile 5 a[ 61p.m. Friday at the parwce s:tips b",ccu same-sex to Ltork for samaszs;maniage rights " �,• - " Tan of the Palm Springs Hu Maki Palm Canyon Theater. It's tY,e srouse,,was ulF�'I}•beyond its taro- at ester state and;zieral levels. _ Rights Commission came at our story of hove CharlEne Strong of prehensiea, y� g Seattle unexpectedly became an' ;lr's that Hod of ignorance and Gig- Subject of the film and - booth dnihrg a recent LrrllageFest' activist for marriage equality after =OLy that Ibis film addresses.The _ director take ugstions _ €• " -` _ �' -A-womanvisiting the,des -1 t q- encountering ao aflin obstacles conunission realizes that there uc asked mq "h,L'hy des you;teed a and prejudices followigg the tog-' marry point;of view about same-;e� err commission's sponsorship of - , Haman Ri his Commission in - this film includes more than jusit-the - Palm Springs?Everything seems is death of her longtime partner, re7ahonsllips and the tignt inhetht siorj;"Charlene Irexself,Slit director =} ' - safree, safe and comfor taGEe Kate Fleming. n lrem.People a`z en fled to tt"t" Dar-d-RAIrml lcr and to A at amey _ here."- - _ .�(il'DWI]Illg after r15 opinir;_ns. - Christopher Heritage;tvlro specializes" However,the also h:lieve!hat be- - YJhlle it s nice to be perceived in estate and relationship piarmn w as air idyllic community, ' _ " 81:Ye�lli'it�8f 31'e$C[le _ - fore ore retakes Judgment,it's im- r+zeds of the I.GBT mrnutuni� i6 �-- y ry, `cx- ortmt and indeed only rain to et to he plained that WE, too, face prab-" e became t.app,-d eurcersmte, p. Y g' disctiss and rake quz-nons after the in the basement of Iheir home dnr- l rraw dte individual who are in -- - scrcemn " hems of discrimination and total- g " ,trance its many areas such as nu- irg a flash flood as shy tried to save, saint--�t when same- e-'cva often LNitn its large 1 .r7T co°nmttnity nority rights, elder abuse,hoes- = her hfe's work of prodUdDig audio- . found hat svhal a satyr.sex marriage and the ongoing debate over in-and eraployment protections " bool-' Charlene nearly died hersel opponent actually rireety gay pa u e s ,one-sex m-_rriage,fire co-mmie,ion i and LGBT issues. I added that the T`Jmg to salve her.AT the hosp».t,,as and h:arns their story,preconceived feel; this[lrn puts a h�ghlq oe.,oral For My Wife' -" Kate la d an,_"Charlene s,.s tcyeat- ncgaiive Potions and drsapprovaf can face on a tanel and eonlro,en_i,1 -mission of the Hunan Rights" Y Y v �_ Y ■whet;free suweening present✓] by Co€emission is to provide a to- edly denied access to her and was changz. Is a ahvays haa,er ro can- subject.Hegadtess of or;e's views on the Palm Srri.igs iuma�r R-rhls rum for•zditcatio� and discussion forced toivair mail Kates relatives derma sons.care yvL know personally. " same-sc-issues,we how CYCOOne. Commission of all those issues. The,roman - Herz contacted to give pemussion for This t'_as prown-vviaen,just months" vA attend*,snth an open mina - Whel'6 p.n. F day left with our commission liter a_ them to he together.Charlen fi-e ms a t teer la s death,Charlene testified - f ' - . . - More the LVdshmgtoa state 4 'des- Jeri'1'nrssa1 oas rea&tr_kztah o hs seuxrd •Mew Palm Czaycn Theat'r 51- ture,perhaps a hit crestfallen, brit rtafly; owee into ICa�.'s room to say_ lure about theL� relation-slri an fret tam,as ddmnan d tF�PaVn Spki B•� N.Palm Canvon drive,Pain Songs . enlightened,Providing such education, is the g� er, ate died to arrange rbe�ft �pencnce in the aftermath of Kate', RwTts CaTtt :a EMI Fn€at U z si ii6C)ore i attar. ,memorial service, the borer i director deafi-L Qarlene's dstmony�a wmid- _ . 7777, Y, l . �� '�� ' r,a;�l : , ',irn, +'?iF rr-(.,m ••7h"r,rMw wn;�"r7�V i - .rt91�'i'I;e,�i�",a' P w fT' I.I;�v,f r� .`�•\� �!rfrV' „� ' w;,� v N �ry l,� . I Palm Springs Human Rights Commission to Host Free Sept. 25 Screening of Documentary Film "For My Wife" Contact: Amy Blaisdell I Director of Communications City of Palm Springs (760) 323-8250 I Sept. 1, 2009 r ^w The Palm Springs Human Rights Commission will host a free screening of"For r5 My Wife," an award-wihning'2008 documentary film I by director David Rothmiller that tells how Charlene Strong became a marriage equality activist after the tragic death of her long-time partner, The free screening is slated for 6 p.m. Sept. 25;at,the Palm Canyon Theater, s � 538 N. Palm Canyon'Drive. A''question and answer'session with Rothmiller, Strong and;attorney Christopher Heritage will follow. "The mission'of the Palm Springs Human Rights Commission is to provide;,, forums for education and discussion on human''rights,",said Commission ,ryt, Chairman,Jerry Trussell'. "We're delighted,.to,have thel,fil'' '!s director and Charlene herself with us!to;add to the story. Ini addition, 'Mr. Heritage will 'F I discuss the"legal aspects of'marriage equality. The Palm Springs Human Rights;,Comm'ission, is a nine-member Commission that works in many areas of human"rights. In the pastyear;the Commission i, has participated'in, the Black History Month Fair, VillageFest, the Palm Springs vn Neighborhood Involvement Committee's annual picnic, sponsored'a forum on elder abuse, and continued its "Promoting Universal Human Rights Close to Home Awards." In October; the Commission will co-host,a'forum on structural yM racism with the Community Action,Partnership of Riverside County. The commission meets the second Monday of each month at 3 p.m. in the y large conference room at City Hall, 3200 E. Tahquitz Canyon Way. The next fix ;, Xi meeting, which is open to the public, is slated for Sept. 8. I i -1- THE PALM SPRINGS HUMAN RIGHTS COMMISSION presents A FREE Screening of the Documentary: ... how Charlene Strong turned tragedy into triumph as an activist for LGBT marriage equality Q&A to follow with Director David Rothmiller Marriage Equality Activist Charlene Strong Attorney Christopher Heritage The Palm Canyon Theatre 538 N. Palm Canyon Drive, Palm Springs Friday, September 25, 2009 at G PM a trick dog film directed by David Rothmiller produced by LD Thompson HUMAN RIGHTS COMMISSION OF PALM SPRINGS COMMUNITY ACTION PARTNERSHIP OF RIVERSIDE COUNTY INVITE YOU TO AN IMPORTANT DIALOG THE PALM SPRINGS HUMAN RIGHTS COMMISSION IS PARTICIPATING IN A NATIONAL STUDY OF RACIAL EQUITY AND ECONOMIC SECURITY IN PARTNERSHIP WITH COMMUNITY ACTION PARTNERSHIP OF RIVERSIDE COUNTY. CAP RIVERSIDE IS ONE OF EIGHT COMMUNITY ACTION AGENCIES IN THE NATION SELECTED TO PARTICIPATE IN THIS STUDY FUNDED BY THE FORD FOUNDATION AND ADMINISTERED BY THE ASPEN INSTITUTE. COME SHARE YOUR THOUGHTS, STORIES OR EXPERIENCES WITH STRUCTURAL RACISM AT THE BIG VIEW MEETING OPEN TO THE PUBLIC. TUESDAY, OCTOBER 27, 2009 6:00 P.M. MIZELL SENIOR CENTER 480 SOUTH SUNRISE WAY PALM SPRINGS, CA Helping People, Changing Lives- Sponsored by l CO► MUHity HUMAN RIGHTS COMMISSION QF pAI M sp �' OF PALM SPRINGS P A R T N E R S H I P COMMUNITY ACTION AMZR]C.9S POlE;7Y r-ocr,1wr N--mcmc PARTNERSHIP OF otRlversideCmnly, RIVERSIDE COUNTY �y \ PALM SPRINGS HUMAN RIGHTS �o N\4 N COMMISSION f' w y J . ,f PI Survey shows students' thoughts, on human nghts , BY TERRIA SMITH. the commission. ■ The commission is seeldng terria.smithgthedesertsun.com- The survey also showed that nominations for its community . A report this:week.from the:. 50 percent of the same students 'service awards. one of the youngest members of thought the community' was The awards are scheduled_ to the Palm Springs Human Rights' doing enough. to prevent vi be presented on Jan- 11.- Commission% provided' a rare, olations. .. ■ Vanessa Wilcox; a junior at glimpse into the perspective of Sioson said they are'.looking , Palm Springs'High School; has. I local teens. into starting.'a human rights beery selected to s&ve as- a ' Eighty-'nine' percent of 100 subcommittee, at•;. the . high second student: representative-, students' randornty.surveyed , school..:. on the,commission_ at Palm Springs.High School Tl egroup:wouldbemadeup•.; ',,:,N The resignatiorrof Com had,- experienced 1-- human of students= who come,. from rn:issioner,MicliaeT;'Hoclgson rights- violation• ,'of.­ some different backgrounds, he said`' ..li'as lefCan-open-position that .- kind-,;.said'John Paolo Sioson, - =iri`other liuman'rigl�ts bti i- ''ih'e..'co=tssion,-.",hopes to a studerit.representativewith_ ness, = -: , Palm Springs Human Rights Commission Calendar of Events Oct. 2009—May 2010 Oct. 27 'Big View" meeting addressing structural racism beginning at 6 p.m. at the Mizell Senior Center, Oct. 29 VillageFest: Nov. 7 P.S. Pride Festival: Nov. 8 P.S. Pride Festival: Nov. 9 Commission meeting Nov. 18 Commission meeting with the City Council, 6 p.m., City Hall Nov. 19 VillageFest: Dec. 14 Commission meeting Dec. 17 VillageFest: Jan. 11 Human Rights Commission awards at the monthly meeting Jan. 28 VillageFest: Feb. 8 Commission meeting Feb. 25 VillageFest Feb. 27 Black History Parade and Town Fair: March 8 Commission meeting March 25 VillageFest: _____ April 12 Commission meeting April 29 VillageFest:: May 1 Palm Springs Neighborhood Involvement Committee Picnic & Expo: ----------------- May 10 Commission meeting f wrigl. raises school 'Atiht8, ,M­ ee M9 - .. hutfia' n 'Tig Y TRRIl159{iI1TH campus safe, he said. Cole tallced about different ema.s nth@thedasertsun.co a "I appreciate the fact that you types,of senior housing which The Palm Springs .Human have students on your coin-, included continuing care re- Rights Commission welcomed mittee," lie told the commis tirenient communities, assist-" ;N6 Springs 11 h School Prim- sioners. "Dive city is extremely , ed-living :residential care f,cil-' cipal Ricl f Wright as a guest important to me." ities adult foster care,. 'skilled speaker during Coiniinissioner Maile, Klein' nursing care, Alzheimer's and its ' Monday commended Wright on the, dirnensia care. meeting. school's,parddvadon in events N Lee Ilusfeldt, city liaison "I'll start off' like the cit ft aimual Pride pa- , ,vritli the Palm Springs Fluman by saying I rade. Riglits Comnvssion, said the have' 'the, best Commissioner'Kris Benz' budget fox the conunission in lids in the suggested that the commis- thenext fiscal year isexpectedto whole 'coup-„ sion have 'an,off 'site meet.., ,be reduced Cram $5,000 to. Wright , tr)" Wright' ing during the next quarter, $3,000. said- at Palm ' Springs Nigh, r The, commission made a Wright added that Palrn, School. motion to approve Sept. 25 as Springs high School students , 11i other'.business from the the screening date for the film are going through a lot of the` Duman Rights Commission: "Par My Wife" at the Palm same issues that affect the adult, ■ Craig Cole, �representative Canyon Theater. '. community. with Affordable Housing for the " The 'issue will' be brought. The staff and faculty at the Elderly,attended the meeting as before the City Council for j school do their best to keep the a guest speaker: approval. THE PALM SPRINGS HUMAN RIGHTS COMMISSION O VPLUK A .y V p� Y r'atrpoAN�p MISSION STATEMENT: "The Mission of the Palm Springs Human Rights Commission is to promote and protect the diversity of our community and to improve human relations through education and community awareness." WHO THE COMMISSION IS: The Palm Springs Human Rights Commission (PSHRC) is here to serve you, our local citizens. We are a nine-member Commission of volunteer citizens, appointed by the City Council. We meet at 3 p.m. on the second Monday of the month at City Hall. Meetings are always open to the public and we invite anyone with a human rights issue or question to participate and speak in the public comment period that begins each meeting. WHAT THE COMMISSION DOES: • Promotes interracial, interreligious and intercultural understanding. • Conducts programs to eliminate discrimination and tension between various groups. • Investigates and mediates disagreements between individuals, groups and organizations that are the result of discriminatory practices. If a complaint cannot be resolved through mediation, we refer it to other resources that may provide a remedy. • Advises the Mayor and City Council on actions, policies, procedures or legislation on human rights issues brought to us by local citizens. • Disseminates educational and informational material about prejudice and discrimination and how to eliminate them. • Where appropriate, consults with public agencies, employers, labor unions, property owners' associations, professional associations, national origin groups, social welfare organizations, and such other private organizations and institutions as the Commission shall deem advisable to further the Mission Statement. WHAT ARE"HUMAN RIGHTS?" Every citizen has the right to be free of all forms of discrimination, prejudice and injury, whether based on racial, religious, ethnic, socio-economic, age or sexual orientation bases. Some specific human rights issues on which the Commission has worked are, Raciallethnic discrimination Housinglemployment discrimination Hate crimes Elder abuse Gay, lesbian, bisexual &transgender community rights Visit the Commission's Web page for meeting schedules and agendas. http_//www.ci.palm-springs.ca.us/index.aspx?page=91 t a specific federal interest, and must prove that the victim ':•as prevented from !' �Q A« Sp 2. Does a perpetrator have to be exercising a constitutional right on the base �,ti convicted of a hate crime for the FBI or race,religion,or national origin. These are HATE V N to count the crime as a hate came? traditionally difficult cases to charge and rove because the government generally ) g, ** No. For reporting purposes,it does not matter P g � y CRIMES y-R"OppTEV _ must prove that the victim was prevented I �.� ,Q. whether or not the perpetrators of the crime from engaging in some type of 11 FO it were ever charged with a hate crime. constitutionally protected activity. I Iowever, even under these limited 3. How do state hate crime statutes work? circumstances, the Federal government's Frequently Asked Questions Hate crimes traumatize victims and polarize backstop authority has proven very communities. The purpose of this FAQ is to Forty-five states and the District of valuable in some high-profile cases and in I provide information as to some of the basic Columbia have adopted some Form of others involving organized hate groups. legal and practical considerations involved in penalty-enhancement hate crime statute, labeling and charging a hate crime. based on hate crime laws which increase the 9. What can individuals do? City dlr Palm Springs sentence if the crime was motivated by the 1. Hon does the federal governtnent Regardless of whether a critic is charged 1 record hate crimes? victitn's actual or perceived personal or prosecuted is a bate crime, Americans J characteristics. Under this qTc of law, the should actively speak out in support of Rights prosecutor needs to prove two things: victims and against hate violence. Human Rl lit5 Pursuant to the terms of the Federal Hate � ) perpetrator g I that the er etrator cominnitted the crime Crime Statistics Act FICSA , the FBI is re- C Unfortunately, many hate crimes are never Commission} ( ) and (2) that he or she co runitted the crime reported and ❑f those that are reported, qu red to issue an annual report detailing the because of the tictim's race, religion, or many are never solved. However, there total number of hate crimes reported by law some other personal characteristic. are many ways to address bigotry and to Illl enforcement authorities nationwide. Under keep it from poisoning communities. this statute, hate crones based on the victim's 4. Sometimes especially serious offenses race, religion, ethnicity, sexual orientation, or City oFP�lm Springs � like murder or attempted murder that ._" A disability are recorded. The data is taken di- o Qy fIuman lvghr,Comnussion F R Lh7 Sp i are motivated by bias are not charged 3200 L.Taliquirz Canyon Way O �� rectly from police reports. If the officer -writ- ,L as hate crimes. Why not? Pahn Springs,CA 92263-2743 ` Q ing the report includes information about an 764-322-833! tj N alleged bias motivation in the report, the inci- In many states, the hate crime charge only hIISSION STATEhIENT. "The mrsion of the * * dent will be included in the FBI report Many Palm Spring, human Jtghrs COMM1fi]on is In .� 'yam ,�" * applies to certain offenses such as assault, ��PO AT£9 states also have their own independent systems promote and promo the dicer<lry of our CommunityO e Q, � battery, and criminal damage to property. and to tmp:ow human rclalsons through educnuo,s a411:0 t of recording hate crimes and many publish and cqm nun h,en•ee." The purpose of the sentence-enhancing separate state crime reports, anth specific hate feature is to attach more serious penalties ,v%vtv.pahnspringsca.gov i crime sections. 1 1 to bias-motivated trines in an effort to 6. Do hate crime laves violate the First !f demonstrate the seriousness w th which we, _ Hate Incident A hate incident is any non-criminal Amendment or punish thought? T act,including words duetted against a porsan(s)based as a society, address hnte violence. Higher- on that person's actual or perceived race, nationality, level felonies already have serious [ )' � � ehgion, sexual onentauon, disab h y or gender. Hate No. Hate trees laces punish violent acts, not consequences regardless of the offender's f _t;,��+ _ �`��� incidents include, but are not limited to: distnbution beliefs or thoughts—even violent droughts. motivation. A murder based on the victim's ;_ray i }_` ,i, of hart materials in public places; posting of hate Hate crime statues do not punish, nor prohibit material that does not result m property damage, and race, for example, while certanly a hate � �R#NGS in any vvap name-calling, verbal abuse or the display of offensive material on one's oan property. crime, would likely not be charged as a hate expressions of hatred toward any group even if `" REPORTING AND INVESTIGATING such statements amount to hate tech. It is s came under a penalij'-enhancement statute. p The criminal penalties for murder are already only when the perpetrator crosses the line t CITY OF PALM SPRINGS Employee Responsibility he most severe, so it would not make sense P from speech to criminal action that hate crime From a prosecutor's perspective to also HATE CRIME POLICY Adepartment employee aho becomes mare of a came laws might come into effect. charge the perpetrator with lesser included POLICY or inaden i motiva red by ha tied or prejudice sbal€: penalties. However, this crime should still It is rho policy of the Palm Springs Police Department 7. Why do defendants "get off' on a less 1 1. Investigate the came or incident In a timely manner; serious charge? be classified and reported as a hate crime For to ensure that the rights of all people as guaranteed by g the Constitution of the United States of America and HC5,4 purposes. � 2. Complete the appropriate crime or incident report dae State of California are protected. and forward it to the [Vatdn Commander or Plea bargaining is common in our criminal -When any act motivated by hate or prejudice occurs, 1 5. Are hate crime charges more difficult Sergeant. The willingness of the victim to system of justice. Criminal defendants Hill g it is the policy of the department that its personnel prosecute, or the absence m die re u it doe; not often lead guilty to a lesser charge in order to to prove than other crimes. strive to deal vnth the event'nvidn a tuner}• response exempt the employee from the requirement to p g tT g and utilizing every legal resource to expeditiously receive a lesser penalty. Prosecutors agree to investigate and document the crime or incident li �� � Generally, yes. Some prosecutors have den fc• dnc suspect g reduce the charge to avoid the risk of a tr al. In expressed a reluctance to prosecute bias DEFINITIONSRecords Personnel Responsibility hate chine cases, criminal defendants will crimes because of the additional Hate Crime: A hate crime is any cnrnmai act ❑r it sometimes plead guilty to a lesser charge and in } Upon receipt of a crime or mudent report molit•a[ed evidentiary burden at trial, but proving the tempt directed against a person(s), public agency or by hatred or prejudice, Records personnel shall rehtrm the state will drop the hate crime charge. element of intent at trial is not unique to private institution, based on the victim's actual or compile statlstics relative to those crimes and c2nsc perceived race,narionality,religion, sexual orientation, at information to on, th infoi be sent on a monthly b the hate crime statues. Many criminal { Yasis to 8. Can the federal government become disability, gender, or because the agent}' ortnstiNrion California Department of-justice. offenses—including possession of a is identified or associated witli a person or group of involved in hate crime charges? controlled substance titith the intent to an identifiable race, nationality, religion, sexZ ial orien- 'TRAINING deliver, aggravated battery or assault on a ration, disabiltt;' or gender. it hate crime includes an In rate situations, where the state is unable or act that results m an injury, however slight; a verbal The rldnnnisleative Sergeant is responsible For peace officer, or murder in the first ur g P unwilling to proceed, the Federal government threat of violence that apparently can be earned on[, providing department personnel with training to the degree require additional intent elements an net that results in property damage; quidproperty has ]united jurisdiction to charge some cases as P P tY g proper handling of crimes or incidents motivated by to be proved beyond a reasonable doubt. damage or other criminal acts) direct against a public hatred or prejudice federal criminal civil rights violations. In these or private agency. cases, a federal prosecutor must demonstrate City Council / Human Rights Commission. Joint Meeting November 18, 2009 Overview Introductions -- Chairman .Terry Trussell Commission activities and achievements Goals for 2009-10 1.A. HUMAN RIGHTS COMMISSION REPORT ON RECENT ACCOMPLISHMENTS, DISCUSS GOALS AND UPCOMING PROJECTS: RECOMMENDATION: 1) Accept public comment on matters of the City Council and the Human Rights Commission; and 2) Direct the Commission and staff as appropriate. Item No. 1 • A .