San Diego Assemblymember Ward introduces ‘hate littering’ bill

Responding to at least eight documented incidents of antisemitic flyers appearing on car windshields in San Diego since July, Democratic Assemblymember Chris Ward has introduced legislation to ban “hate littering” in California.

AB 3024, The Stop Hate Littering Act, would expand the definition of “intimidation by threat of violence” under the Ralph Civil Rights Act of 1976 to include “distribution of hateful materials on the private property of another without authorization for the purpose of terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing the owner or occupant of that private property.”

People who engage in “intimidation by threat of violence” under the act liable for actual damages suffered by the victim or victims as well as a civil penalty of $25,000 and attorney’s fees.

Ward announced the introduction of AB 3024 in a press release Friday alongside quotes of support from San Diego City Councilmember Raul Campillo, San Diego Mayor Todd Gloria, and San Diego City Attorney Mara Elliott.

“Antisemitism and hate of all forms are not welcome in San Diego or anywhere in California – period,” Campillo said in the press release. “Assemblymember Chris Ward has been an excellent partner in proposing legislation to combat hateful flyers like the ones that have plagued my district. I’m pleased that we have been able to take this important legislation statewide, rather than just in the city of San Diego, so that we are able to protect as many people as possible.”

In September, Campillo announced he was working on a city ordinance to criminalize antisemitic flyers, which reportedly were found on car windshields in Allied Gardens, Del Cerro and San Carlos. In that announcement, the councilmember attributed the flyers to White supremacists, although no arrested had been made at the time.

“These are not just pieces of paper with words,” Ward said in Friday’s press release. “These are deliberate, targeted attacks that are intended to harass and intimidate victims, dehumanizing them based on their religion, gender or sexual orientation, or other characteristic. They are being left on our windshields, in our driveways, and on our front doors. They have no place in our communities.”

Antisemitism and hate of all forms are not welcome in San Diego or anywhere in California – period.

California Attorney General Rob Bonta’s latest annual Hate Crime in California Report, found a 20.2 percent increase in hate crime events in the Golden State from 2021 to 2022. “Anti-Jewish bias events” rose 24.3 percent during that time, according to the report. Anti-Black events increased 27.1 percent while reported hate crimes involving sexual orientation bias rose 29 percent.

“The alarming increases in crimes committed against Black, LGBTQ+ and Jewish people for the second year in a row illustrates the need for our communities to join together unified against hate,” Bonta said in a June 2023 press release when the 2022 Hate Crime Report was released.

In announcing AB 3024, Ward’s office reported that “the tactic of hate littering has proved extremely hard for law enforcement to prosecute because it currently exists in a legal grey area. The Stop Hate Littering Act will make necessary updates to existing law by building on the Ralph Act of 1976 (which states that all persons have the right to be free from violence and intimidation) to ensure victims are provided adequate protections, civil recourse, and create new legal tools for law enforcement to hold offenders accountable and deter hate act activity.”

Said Elliott in the press release: “This struggle started with the cowardly distribution of flyers designed to terrorize our Jewish neighbors and divide our city. Today, I want to honor the courage of the Jewish community and the Anti-Defamation League, who worked with Councilmember Campillo, my office, and Assemblymember Ward to find a solution. They took on this fight for all of us, because they understand a threat against one community is a threat against every community. We saw that again when these hateful groups also targeted the LGBTQ+ community. This announcement today is a lesson to anyone hoping to divide San Diego: You cannot do it; We will not let you; You will always end by bringing us closer together.”

AB 3024 is expected to be heard in the Assembly Judiciary Committee in early April.

“I’m proud to support Assemblymember Ward’s Stop Hate Littering Act, which will help ensure that cowards who attempt to anonymously threaten people and make communities live in fear will face consequences for their hateful behavior,” Gloria said in Friday’s press release. “Distributing hate literature is an affront to the principles of respect, inclusivity and diversity that define our city and state — and that we must work to protect.”