Data from our national, multi-lingual hate-tracking website: www.standagainsthatred.org

**N/A means that either the reported incident was spam or the incident wasn’t categorizable. Majority of verbal abuse involve being told to “go back to China”. ***Also note that the “Types of Incident” may have overlap.

Where the Incidents Occur

Light blue = 0; medium blue = 1-9; dark blue=10+ Most incidents are reported to be happening in CA, NY, WA.

Sampling of Anecdotes

“I was in the food court at a mall and some dudebros were being douches, making sexual remarks about women and denigrating homosexuals. Typical white male stuff. Then this Korean dude sits down a couple tables over, and the bros start talking about how they're going to "flood this chink's rice paddy". So the one bro goes over there. Says "Hey gook how's that dog tasting? Looks a little dry there!" He proceeds to dump his Gatorade all over the guy's lunch, and walks away laughing and telling the guy to go back to China. I got the guy some paper towels and the bros called us both faggots.

I've never really seen anything like it, but I guess this is par for the course in Trump's America.” In a food court in CA

“After dinner, I was standing on the street trying to hail a cab. A group of two white men and three white women ran ahead of me and as I was trying to get into the cab, one of the men knocked me away from the door. In a Southern accent he shouted at me to go back to squatting on the street with my pajamas "back where I came from". I struggled to hold on to the door and keep upright, at which point he called me a slant eyed chink and grabbed both my arms and started shaking me. I fought to get free and finally managed to get inside the car and close the door against him. His companions were laughing.” On University Ave in New York City

“I was exiting a locally owned hardware store in a small city where I was born and lived practically my entire life, in broad daylight, when a man in his late-thirties, early-forties, aggressively followed me across the parking lot to my car screaming and mimicking the sounds of an AK-47. He yelled: "JAP", "VIETNAMESE", "YELLOW [n-word]", all the while threatening to rape me and ship my remains back to where I come from. I ran when I noticed he'd escalated to picking up a pipe... When I decided to self-advocate and report the incident, I was met with some shock, some dismissal, and because I work in non-profit/ social services, I immediately recognized how difficult the process was (e.g. jumping through hoops, assumptions made, writing long reports). How would this process seem to my say older mother, who comes from a different culture of let's let it go, and who might be afraid to sit behind a sheet of glass and answer questions to a stranger. What about someone who writing is difficult or impossible?” At Union Station Plaza in Portland, Maine

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9/1/2017 Asian Americans Must Refuse to Be Complicit in White Supremacy

Modern day Ku Klux Klan members marched through Charlottesville this past weekend, emboldened, in their own words, by our current President.

From the Chinese Exclusion Act to the internment of Japanese Americans during World War II, our history in this nation is deeply intertwined with white supremacy and nativism.

We call on all Asian Americans to join us in defending our vision of democracy – one where we protect the vulnerable amongst us, resist eorts to erode our hard-won rights and protections, and ght to advance progress for all marginalized communities.

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Read our letter below to understand who we are, what we stand for, and what we're seeking to do.

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Dear fellow Asian Americans,

Modern day Ku Klux Klan members marched through Charlottesville this past weekend, emboldened, in their own words, by our current President. They lacked hoods but if anyone doubted their intentions, they carried torches and Nazi and Confederate flags to ensure the world knew what they stood for: white supremacy, white power, and nativism. They came ostensibly to protect and promote Confederate history, but took clear aim at African Americans, immigrants, and the civil rights movements of the past and present.

While few Asian Americans trace our roots to the Civil War, our history in this nation is deeply intertwined and impacted by white supremacy and nativism. At the turn of the 20th century, white mobs threatened - - and even lynched -- Chinese, Filipino, and South Asian immigrants, in part for fear they would taint (white) American culture. White supremacist groups helped to pass the Chinese Exclusion Act, the rst law to ban an entire ethnic group. And white supremacy birthed “alien land laws”, barring “non-citizens” from owning land at a time when mainly Asians could not become U.S. citizens, and anti-miscegenation laws, prohibiting interracial marriage (a law that in California specically singled out Chinese, Japanese, Filipino, and other Asians). White supremacy also paved the way for the U.S. government to violate due process and incarcerate 120,000 Japanese Americans, many U.S. citizens, during World War II -- an action upheld by the U.S. Supreme Court in Korematsu vs. United States and never formally overturned.

Given our history, we as Asian Americans cannot stand idly by and watch as white supremacists march through our neighborhoods. Even before this past weekend, hate crimes were surging upwards, including nearly 200 incidents against Asian Americans since January documented through our hate tracker (StandAgainstHatred.org) and the shooting of two South Asian immigrants, Srinivas Kuchibhotla and Alok Madasani, in Kansas earlier this year.

https://advancingjustice.salsalabs.org/refusewhitesupremacy/index.html 2/5 9/1/2017 Asian Americans Must Refuse to Be Complicit in White Supremacy We as Asian Americans also must not be complicit in the white supremacist agenda of this current administration. White supremacy drives the President’s Muslim bans, seeking to ban entire groups of people based on their national origin and non-Christian religion. It drove last week’s one-two punches from the White House. First, when the President announced his support for the RAISE Act, an immigration bill that would gut the current family-based immigration system, which has brought millions of Asian, African, and Latin American immigrants into the U.S. and remade the racial demographics of the U.S. in the past 50 years. And second, when the White House redirected federal civil rights resources to undo long-standing armative action policies. The administration’s purported claim to be ghting discrimination against Asian Americans ies counter to all other evidence that this administration and its allies and supporters seek to advance only the interests of fellow white Americans.

Our nation is at a critical crossroads. White supremacist leaders like David Duke have seized upon Charlottesville as a turning point in moving their hate and nativism mainstream. Without clear and decisive leadership from the President or other administration ocials or Congressional leaders, it falls on all of us to resist white supremacy, including eorts to be co-opted by white supremacists who do not and have never had our communities' interests at heart.

We call on all Asian Americans to join us in defending our vision of democracy – one where we protect the vulnerable amongst us, resist efforts to erode our hard-won rights and protections, and fight to advance progress for all marginalized communities. We pledge to challenge rising hate, to ght the President’s Muslim bans, to oppose the RAISE Act and the gutting of armative action, to ght deportations and defend DACA, to champion health care for all, and to ensure all voters can cast their ballots. We cannot do this alone, and we will be calling upon you to join us on the streets, in legislative chambers, and on the steps of the courts to stand up for our democracy.

In unity and resistance,

Stephanie Cho, Executive Director, Asian Americans Advancing Justice - Atlanta Andy Kang, Legal Director, Asian Americans Advancing Justice - Chicago Aarti Kohli, Executive Director, Asian Americans Advancing Justice - ALC Karin Wang, Vice President of Programs and Communications, Asian Americans Advancing Justice-Los Angeles John Yang, Executive Director, Asian Americans Advancing Justice - AAJC

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https://advancingjustice.salsalabs.org/refusewhitesupremacy/index.html 5/5 CUNY FORUM 2:1 (2014) 71-76

A Guide to Responding to Microaggressions

Kevin L. Nadal

“Microaggressions are commonplace verbal, behavioral, or environmental actions that communicate hostility toward oppressed or targeted groups.”

IN RECENT YEARS, ACADEMIC LITERATURE has focused increasingly on the subject of microaggressions. Microaggressions are brief and commonplace daily verbal, behavioral, or environmental actions (whether intentional or unintentional) that communicate hostile, derogatory, or negative racial slights and insults toward members of oppressed or targeted groups1 including: people of color, women, Lesbian, Gay, Bisexual and Transgender (LGBT) persons, persons with disabilities, and religious minorities.2 Some scholars today argue that racism, sexism, homophobia, and other forms of discrimination are no longer as blatant as they may have been in the past. Instead, people may demonstrate their biases and prejudices in more subtle ways, otherwise known as microaggressions.3 The purpose of this article is twofold: (1) to discuss how different types of microaggressions affect people’s lives, and (2) to provide a hands-on guide to strategies, approaches, and interventions to address microaggressions.

Types of Microaggressions Derald Wing Sue and colleagues first described three forms of microaggressions:

Microassaults are overt forms of discrimination in which actors deliberately behave in discrimina- tory ways, but do not intend to offend someone or may think that their actions are not noticed or harmful.4 These types of experiences are similar to the “old-fashioned” discrimination that existed in earlier times, but different in that people may not openly proclaim their biases. For example, when someone says “That’s so gay!” to connote that something is weird, the person is aware of the words that they choose; however, they may not realize that using such language is considered homophobic and can offend LGBT people. Similarly, when a comedian makes a racial joke or uses racial slurs, she or he intended to say the offensive comment, but would often end with “I was just joking” as a way of denying prejudice.

Microinsults are statements or behaviors in which individuals unintentionally or unconsciously communicate discriminatory messages to members of target groups. For example, a person might tell an Asian American that she or he “speaks good English” as a compliment. However, in reality, such a statement can be offensive to Asian Americans, implying that Asian persons do not speak clearly. Instances like these can be especially upsetting to Asian Americans who do not speak any other language besides English, or whose families have been in the US for three or more generations.

Microinvalidations are verbal statements that deny, negate, or undermine the realities of members of various target groups. For example, when a white person tells a person of color that racism does not exist, she or he is invalidating and denying the person of color’s racial reality. Similarly, when someone tells a woman that she is “being too sensitive,” or that an LGBT person “should stop complaining,” they invalidate the reality of discrimination in these people’s lives.

2014 © COPYRIGHT BY KEVIN L. NADAL CUNY FORUM 71 Microaggressions Guide

• Assumptions of Criminality (i.e., when people of color are assumed to be dangerous or deviant). For instance, if a clerk follows an African American around in a store, she or he is presuming that the person of color is going to steal.5

• Exoticization (i.e., when people of color are objectified or treated as tokens). A common occurrence is when a man tells an Asian American woman that she is so “exotic,” or that “he Racial has an Asian fetish.” • Assumptions of Intellectual Inferiority (i.e., when people of color are assumed to be less intelligent or capable than whites). An example is someone overemphasizing to a Latina that she is “so articulate” (subtly communicating that they did not expect her to be).

• Pathologizing Cultural Values (i.e., when people of color are criticized for their communica- tion styles, behaviors, styles of dress). For instance, when an Asian American or Latina/o is told to “get rid of your accent,” a subtle message is sent that one needs to assimilate.6

• Sexual Objectification (i.e., when a woman is treated as a sexual object). For instance, when a woman is catcalled on the street or a man attempts to look at a woman’s breasts, he is communicating that women’s bodies are allowed to be sexualized.

• Assumptions of Traditional Gender Roles (i.e., when an individual assumes that a woman needs to uphold traditional gender roles). For example, many women are told that they need Gender to have a husband in order to be happy.

• Assumptions of Inferiority (i.e., when a woman is assumed to be physically or intellectually incompetent, particularly in comparison to men). One illustration is when a woman is carrying a box and a man takes it away from her (without her permission), assuming she isn’t physically strong.7

• Use of heterosexist or transphobic terminology (i.e., when offensive language is used towards or about LGBT people). For instance, it is commonplace for young people to use the word “faggot” casually when describing someone as weak.

• Discomfort/ Disapproval of LGBT experience (i.e., when LGBT individuals are treated with disrespect or condemnation because of their sexual orientation or gender presentation). One LGBT example includes a person staring at a same-sex couple holding hands, while another may be someone who makes prejudicial remarks about a transgender person.

• Assumption of Sexual Pathology and Abnormality (i.e., when LGBT persons are presumed to be oversexualized or sexual deviants). One instance includes when someone presumes that all LGBT people may have HIV/AIDS, or stereotypes LGBT people as child molesters.

• Endorsing religious stereotypes (i.e., when people make presumptions about religious minority groups). An example is when someone makes a joke about Muslim people being terrorists or Jewish people being cheap.8 Religious • Pathology of different religious groups (i.e., when someone judges another religion as being inferior or substandard). For instance, when someone treats a non-Christian as a second-class citizen.9

• Occurs as a result of an individual’s multiple groups and may influence the intensity or frequency of microaggressions.

• Women of color may experience intersectional microaggressions, as a result of their gender and race (e.g., a Latina who is denied service at a restaurant or store because of both her Intersectional race and gender).

• LGBT persons of color may experience intersectional microaggressions as a result of their sexual identity and race. For example, when a passersby ridicules a Black transgender woman, it can be due to her gender identity, her race, or both.

72 AAARI-CUNY How Do Microaggressions Affect People? While some people may believe that microaggressions are brief and harmless, many studies have found that microaggressions have a significant negative impact on people’s mental and physical health. For instance, a recent study has found that the more racial microaggressions that people of color experience, the more likely they are to also report depressive symptoms and a negative view of the world.10 In another study, LGBT participants reported that when they experienced microaggressions, they felt depressed, anxious, and even traumatized.11

Other researchers have found many other harmful effects of microaggressions. One study found that when college students experience microaggressions, they also binge drink or develop other alcohol-related issues.12 Two other studies found a relationship between microaggressions and intense psychological distress.13

How Can I Respond to Microaggressions? What are you supposed to do when you are the victim of a microaggression? In an article on racial micro- aggressions, Sue and colleagues discussed the “Catch 22” that people experience when they witness or are recipients of microaggressions.14 First, the individual may question if a microaggression has really occurred (i.e., “Did I hear him correctly when he made that comment?”). Next, the individual decides whether or not to take action. If the individual does respond, there is a likely outcome (e.g., arguments, defensiveness, denials, or additional microaggressions). If the individual does not respond, there is also an outcome (e.g., regret, resentment, sadness). Thus, the process of deciding how to respond to a microaggression can be stressful in itself.

In my research, I describe a three-step process that assists an individual with how to react to a microaggression by asking him or herself the following:15

1. Did this microaggression really occur?

2. Should I respond to this microaggression?

3. How should I respond to this microaggression?

Did this microaggression really occur? Sometimes microaggressions may be flagrantly obvious that a person can identify them effortlessly. For in- stance, when a man of color notices that a white woman clutches her purse as he enters an elevator, he may be able to identify this as a microaggression immediately. This has happened hundreds of times in his life and he is confident that she is assuming him to be a criminal. Similarly, when a person says “That's so gay!” in front of an LGBT person, the LGBT individual recognizes that the person is clearly using homophobic language.

With some encounters, an individual may question whether a microaggression has happened. For example, if a woman hears someone whistle as she walks down a street, she may think, “Did that really just happen or am I hearing things?” Similarly, if a coworker makes a seemingly transphobic comment in front of a transgender female colleague, the recipient might question whether she heard the statement correctly. When there are people around (particularly people who the individual trusts) to verify and validate the microaggres- sion, it makes it easier for the individual to definitively label the event as a microaggression.

When there is no one around, it may be helpful to seek support from loved ones. For instance, with modern technology, people can easily call, text, email, or communicate with their social media networks about microaggressions. I myself have seen many people update their status on Facebook, describing micro- aggressions that happened to them on the subway or on the sidewalks. Most of the time, people respond in supportive ways.

Should I respond to this microaggression? If an individual is certain (or moderately certain) that a microaggression did in fact occur, she or he has to ponder the potential risks or consequences of responding or not responding. Some questions include:

CUNY FORUM 73 1. If I respond, could my physical safety be in danger?

2. If I respond, will the person become defensive and will this lead to an argument?

3. If I respond, how will this afect my relationship with this person (e.g., coworker, family member, etc.)

4. If I don’t respond, will I regret not saying something?

5. If I don't respond, does that convey that I accept the behavior or statement?

How should I respond to this microaggression? If individuals do decide to take action, they must contemplate how to react. First, they can approach the situation in a passive-aggressive way. For instance, perhaps the victims make a joke or a sarcastic comment as a way of communicating that they are upset or annoyed. Perhaps the victims respond by rolling their eyes or sighing. Or, they do nothing in that moment and decide to talk to others about it first, in the hopes that it will get back to the perpetrator.

Second, victims can react in a proactive way. This might be effective when the victim simply does not have the energy to engage the perpetrator in a discussion. Sometimes individuals who experience microaggres- sions regularly may feel so agitated that they just want to yell back. For some individuals, an active response may be a therapeutic way of releasing years of accumulated anger and frustration.

Finally, an individual may act in an assertive way. This may include calmly addressing the perpetrator about how it made him or her feel. This may consist of educating the perpetrators, describing what was offensive about the microaggression. Oftentimes the perpetrator will become defensive, which may lead to further microaggressions (particularly microinvalidations). It may be important to use “I” statements (e.g., “I felt hurt when you said that.”), instead of attacking statements (e.g., “You’re a racist!”). It also may be important to address the behavior and not the perpetrator. What this means is that instead of calling the perpetrator “a racist,” it might be best to say that the behavior he or she engaged in was racially charged and offensive. People don’t like being called a racist, sexist or homophobe, so if you want to have an effective dialogue with a person without being defensive, it may be best to avoid using such language.

When the entire interaction is over, it is important for the victim of the microaggression to seek support. Seeking support can include practical support (e.g., if someone experiences microaggressions at a workplace, she or he can file a complaint with Human Resources). Individuals can also seek social support (e.g., talking to your loved ones or peers with similar identities who can validate your experiences). Processing one’s emotions is also important because microaggressions have been known to lead to an array of mental health problems including depression, anxiety, and trauma.16 Therefore, individuals who experience microag- gressions may find it helpful and necessary to discuss their cognitive and emotional reactions with their loved ones or mental health professionals. In doing so, individuals may avoid accumulating negative and detrimental feelings, which may affect their mental health.

What If I Commit a Microaggression? First of all, everyone commits microaggressions. We have all done or said something that we may not have intended to offend someone, but somehow still ended up doing so. Sometimes we are aware of our actions, and other times it takes another person to point them out to you. If we were completely unaware that something we said or did was hurtful or offensive, there really isn’t anything we can do. However, when we are even slightly aware that we may have committed a microaggression or if we are confronted about it, there are several things that we can do.

There may be moments when you think you may have committed a microaggression. Have you ever said or done something in which an individual winced or clearly reacted negatively? When someone’s behavior

74 AAARI-CUNY is noticeable, we might be able to detect that something we said or did may have caused it. If you are able to detect the potential cause, OWN UP TO IT! We need to admit when we commit microaggressions, learn from the wrongdoing, and apologize. We all make mistakes, consciously and not, and need to own up to them when we do.

For moments in which someone confronts you on your behavior, listen to what he or she is trying to tell you and try not to be defensive. The worst thing that we can do is to deny that someone is hurt or offended by something we said or did. In fact, invalidating their experience could be considered a microaggression in itself. So again, admit to the wrongdoing and genuinely apologize.

Furthermore, there are things that we can do to avoid microaggressions altogether. First, be aware of the language that you use. Common phrases like “That’s so gay!” often go under the radar because people do not realize that the language is actually homophobic and insulting. If something is weird, say it is weird! Why does it have to be called gay? Be aware of other subtle messages. For example, the color white is often used to convey that something is good (e.g., little white lie, white collar), while the color black is used to denote that something is bad (e.g., black sheep, blackmail, Black Friday).

Finally, education about microaggressions is important. The more people are aware of the term and concept, the less likely they will be defensive when confronted about their behaviors. If we teach kids about diversity and equality from a very early age, we have the power to transform them into open-minded adults. Let us teach our kids to not be afraid, but rather to respect each other.

Notes 1. Kevin Leo Nadal, “Preventing Racial, Ethnic, Gender, Sexual Minority, Disability, and Religious Microaggressions: Recommendations for Promoting Positive Mental Health,” Prevention in Counseling Psychology: Teory, Research, Practice and Training 2:1 (2008) 22-27. 2. Daniel Solorzano, Miguel Ceja, and Tara Yosso, “Critical Race Teory, Racial Microaggressions, and Campus Racial Climate: Te Experiences of African American College Students,” Journal of Negro Education 69 (2000): 60 –73. 3. C. Pierce, J. Carew, D. Pierce-Gonzalez, and D. Willis. An Experiment in Racism: TV Commercial, C. Pierce, ed., Televi- sion And Education (Beverly Hills, CA: Sage, 1978): 62–88. 4. Derald Wing Sue, Jennifer M. Bucceri, Annie I. Lin, Kevin Leo Nadal, and Gina C. Torino, “Racial Microaggressions and the Asian American Experience,” Cultural Diversity and Ethnic Minority Psychology, 13:1 (2007): 72-81; Derald Wing Sue, Christina M. Capodilupo, Gina C. Torino, Jennifer M. Bucceri, Aisha M. Holder, Kevin Leo Nadal, and Marta Esquilin, “Racial Microaggressions In Everyday Life: Implications For Counseling,” Te American Psychologist 62:4 (2007): 271-286. 5. Derald Wing Sue, Kevin Leo Nadal, Christina M. Capodilupo, Annie I. Lin, Gina C. Torino, and David P. Rivera, “Racial Microaggressions against Black Americans: Implications for counseling,” Journal of Counseling and Development, 86:3 (2008): 330-338. 6. David P. Rivera, Erin E. Forquer, and Rebecca Rangel. Microaggressions and the Life Experience of Latina/o Americans. D. W. Sue ed., Microaggressions and Marginality: Manifestation, Dynamics, and Impact (New York: Wiley & Sons, 2010): 59-84. 7. Christina M. Capodilupo, Kevin Leo Nadal, Lindsay Corman, Sahran Hamit, Oliver B. Lyons, and Alexa Weinberg, “Te Manifestation of Gender Microaggressions,” Derald Wing Sue, ed. Microaggressions and Marginality: Manifes- tation, Dynamics, and Impact (New York: Wiley & Sons, 2010): 193-216; Kevin Leo Nadal, Marie-Anne Issa, Jayleen Leon, Vanessa Meterko, Michelle Wideman, and Yinglee Wong, “Sexual Orientation Microaggressions: Psychological Impacts on Lesbian, Gay, and Bisexual Youth,” Journal of LGBT Youth, 8:3 (2011); 8. Kevin Leo Nadal, Katie E. Grifn, Sahran Hamit, Jayleen Leon, Michael Tobio, and David P. Rivera, “Subtle and Overt Forms of Islamophobia: Microaggressions toward Muslim Americans,” Journal of Muslim Mental Health 6:2 (2012): 16-37. 9. Kevin Leo Nadal, Tat’s So Gay! Microaggressions and the Lesbian, Gay, Bisexual, and Transgender Community. Washing- ton DC: American Psychological Association, 2013. 10. Kevin Leo Nadal, Katie E. Grifn, Yinglee Wong, Sahran Hamit, and Morgan Rasmus, “Racial Microaggressions and Mental Health: Counseling Clients of Color,” Journal of Counseling and Development 92:1 (2014): 57-66.

CUNY FORUM 75 11. Kevin Leo Nadal, Yinglee Wong, Marie-Anne Issa, Vanessa Meterko, Jayleen Leon, and Michelle Wideman, “Sexual Orientation Microaggressions: Processes and Coping Mechanisms For Lesbian, Gay, and Bisexual Individuals,” Journal of LGBT Issues in Counseling, 5:1 (2011): 21-46. 12. Arthur W. Blume, Laura V. Lovato, Bryan N. Tyken, and Natasha Denny, “Te Relationship of Microaggressions with Alcohol Use and Anxiety among Ethnic Minority College Students in a Historically White Institution,” Cultural Diver- sity and Ethnic Minority Psychology, 18:1 (2012): 45-54. 13. William A. Smith, Man Hung, and Jeremy D. Franklin, “Racial Battle Fatigue and the ‘Mis’Education of Black Men: Racial Microaggressions, Societal Problems, and Environmental Stress,” Journal of Negro Education, 80:1 (2011): 63-82; Jennifer Wang, Janxin Leu, and Yuichi Shoda, “When the Seemingly Innocuous ‘Stings’: Racial Microaggressions and Teir Emotional Consequences,” Personality and Social Psychology Bulletin, 37:12 (2011): 1666-1678. 14. Derald Wing Sue, Christina M. Capodilupo, Gina C. Torino, Jennifer M. Bucceri, Aisha M. Holder, Kevin Leo Nadal, and Marta Esquilin, “Racial Microaggressions In Everyday Life: Implications For Counseling,” Te American Psycholo- gist 62:4 (2007): 271-286. 15. Kevin Leo Nadal, “Responding To Racial, Gender, and Sexual Orientation Microaggressions in Te Workplace,” Mi- chele A. Paludi, Eros R. DeSouza & Carmen A. Paludi Jr., eds., Te Praeger Handbook on Understanding and Preventing Workplace Discrimination: Legal, Management, and Social Science Perspectives (Santa Barbara, CA: Praeger, 2011). 16. Kevin Leo Nadal, Tat’s So Gay! Microaggressions and the Lesbian, Gay, Bisexual, and Transgender Community. Washing- ton DC: American Psychological Association, 2013.

Author Kevin Nadal is an award-winning professor, psychologist, performer, activist, and author, who received his doctorate in counseling psychology from Columbia University in New York City. Currently, Dr. Nadal is an Associate Professor of psychology at John Jay College of Criminal Justice — City University of New York, where he is also the deputy director of the Forensic Mental Health Counseling Program. He is one of the leading researchers in understanding the impacts of microaggressions, or subtle forms of dis- crimination, on the mental and physical health of people of color, lesbian, gay, bisexual, and transgender (LGBT) people, and other marginalized groups. He has published over 50 works on multicultural issues in the fields of psychology and education. He is the author of the books Filipino American Psychology: A Handbook of Theory, Research, and Clinical Practice (2011, John Wiley and Sons) and Filipino American Psychology: A Collection of Personal Narratives (2010, Author House), a co-editor of Women and Mental Disorders (2011, Praeger), and the author of That's So Gay: Microaggressions and the Lesbian, Gay, Bisexual, and Transgender Community (2013, APA Books).

76 AAARI-CUNY 9/1/2017 Know Your Rights Resources | Asian Americans Advancing Justice - LA

HOME > KNOW YOUR RIGHTS RESOURCES Know Your Rights Resources

This page includes key resources and was last updated on June 26, 2017. General Immigration

How do the latest executive orders impact immigration? ­ Resource by Asian Americans Advancing Justice ­ Los Angeles, summarizing the three immigration executive orders: border security, interior enforcement, and the Muslim ban. Includes resources at the bottom to report immigration fraud and see if you are eligible for immigration relief.

Hate Incidents

What to Know When You're Bullied or Harassed ­ Resource by ACLU, Advancing Justice­LA, & Public Counsel Law Center. Identifying and Reporting Hate Incidents in Los Angeles County ­ Resource by Advancing Justice­LA.

(Korean) (Chinese) Tagalog Discrimination

What to do when faced with anti­Muslim discrimination ­ Resource by the ACLU, listing rights for American Muslims and those perceived to be Muslim. Muslim Ban

Travel Advisory: Information for Noncitizens Traveling to the United States What You Should Know About the Muslim Ban 2.0 ­ On June 26, 2017, upon review of the Trump administration's appeal of the block, the Supreme Court has reinstated portions of the Muslim Ban. Click here for more. Created by Advancing Justice and CAIR. Know Your Rights at the Airport ­ Resource by Advancing Justice­LA. Keep these tips handy while traveling.

Know Your Rights at the Airport (Farsi)

President Trump's Executive Orders Targeting Refugees and Muslims FAQs ­ Resource by National Immigration Law Center (NILC) specific to the Muslim Ban executive order. Also available in these languages:

(Korean) ไทย (Thai)

Got Rights? video ­ Resource by Muslim Advocates about how to protect you and your family when approached by law enforcement at home or in the airport. Travel pamphlet ­ Resource by CUNY School of Law Trump's Immigration Order Tests Limits of Law and Executive Power ­ Resource by New York Times answering questions about the Muslim Ban executive order. Muslim Ban Resource Guide ­ Resource by Ajam Media Collective, available in several languages. It is a comprehensive, printable guide about the Muslim Ban.

Know Your Rights: Travel

Iranian American Community Advisory: Know Your Rights at the Airport and the Border ­ Created by The National Iranian American Council (NIAC), Asian Americans Advancing Justice ­ Asian Law Caucus, Iranian American Bar Association and Pars Equality Center to provide information to Iranian Americans when travelling. SB 4 Community Advisory (Texas) ­ Information provided by the Immigrant Legal Resource Center in regards to travelling to Texas after the passing of SB 4. Interior Enforcement/ Sanctuary Cities

Know Your Rights: Workplace Immigration Raids ­ Resource by Asian Americans Advancing Justice­LA What to do if immigration agents are at your door video ­ Resource by the ACLU. Know Your Rights flyers and posters ­ Resource by Immigrant Defense Project offers downloadable Know Your Rights with ICE flyers in several languages. Know Your Rights If Police Come to your House ­ Resource by Asian Americans Advancing Justice ­ Atlanta, also offered in Chinese, Korean, and Vietnamese. https://advancingjustice-la.org/know-your-rights-resources 1/3 9/1/2017 Know Your Rights Resources | Asian Americans Advancing Justice - LA Know Your Rights in ICE Raids (Chinese) ­ Resource by Advancing Justice­Atlanta, also offered in Korean and Vietnamese. Immigrants' Rights Under a Trump Presidency: FAQs for Students, Educators, and Social Service Providers ­ Resource by MALDEF. Social Media, Criminalization, and Immigration ­ Resource by National Immigration Project by NLG Know Your Rights (AMEMSA Communities)

'Know The Facts and Know Your Rights' speficially for Arab, Middle Eastern and South Asian communities. Created by Advancing Justice­CA, ACLU and CAIR­CA. 'Know The Facts and Know Your Rights' (with graphics) speficially for Arab, Middle Eastern and South Asian communities. Created by Advancing Justice­ CA, ACLU and CAIR­CA.

Know Your Rights Cards

Know Your Rights Cards ­ Resource by Advancing Justice ­ Atlanta in the following languages:

(Arabic) ﻋﺭﺑﻰ (Burmese) (Chinese) ગજરાતી (Gujarati) (Hindi) Karen (Khmer) ែខរ (Korean) (Nepali) ਪਜਾਬੀ ਦ (Punjabi) (Urdu) ﺍﺭﺩﻭ Tiếng Việt (Vietnamese)

Know Your Rights Cards ­ Resource by NILC available in:

Español (Spanish) Chinese ( , ) (Arabic) ﻋﺭﺑﻰ (Korean) Know Your Rights: Digital Data & Social Media

While crossing the border, border agents may demand access to your digital data or social media. Here are some things to keep in mind. Created by Electric Frontier Foundation.

EFF's Pocket Guide to Protecting Your Digital Data at the U.S. Border

(Arabic) ﻋﺭﺑﻰ Know Your Rights: Workplace Immigration Raids

In this current climate, workplace immigration raids have been occuring. We want you to be as protected as possible.

English (Chinese) (Korean) Tagalog Tiếng Việt (Vietnamese)

DACA

DACA post­inauguration Know Your Rights ­ Resource by Advancing Justice­LA about immigration and DACA. Also available in the following languages:

Español (Spanish) (Chinese ­ Traditional) (Chinese ­ Simplified) (Korean) Tagalog (Korean) Postcard (Chinese ­ Traditional) Postcard (Chinese ­ Simplified) Postcard Tagalog Postcard

Immigration and post­election FAQs ­ Resource by UC Berkeley for undocumented students. New Questions and Answers About DACA Now That Trump is President ­ Resource by NILC. Drive California ­ AB 60 Know Your Rights Information

English Español (Spanish) (Chinese) (Korean) Tagalog ไทย (Thai) Tiếng Việt (Vietnamese) https://advancingjustice-la.org/know-your-rights-resources 2/3 9/1/2017 Know Your Rights Resources | Asian Americans Advancing Justice - LA

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https://advancingjustice-la.org/know-your-rights-resources 3/3 responding to hate crimes a community action guide second edition

Published by Organization of Chinese Americans (OCA)

With Support by The Allstate Foundation i ii Responding to Hate Crimes: A Community Action Guide is available free for download on OCA’s website, www.ocanatl.org. A limited number of hard copies are available by contacting the OCA National Offi ce.

Responding to Hate Crimes: A Community Action Guide Second Edition Copyright © 2006 by Organization of Chinese Americans (OCA) Cover photo © Corky Lee All rights reserved. This publication may not be duplicated in any form without the written permission of the publisher.

About OCA The Organization of Chinese Americans (OCA) is a national organization dedicated to advancing the social, political, and economic well-being of Asian Pacifi c Americans in the United States. Founded in 1973, OCA was the fi rst national Asian Pacifi c American organization to establish a national headquarters offi ce in Washington, D.C. A non-profi t, non-partisan organization, OCA is represented by over 80 chapters and college affi liates nationwide.

OCA is dedicated to securing the rights of Asian Pacifi c American (APA) citizens and permanent residents through legislative and policy initiatives at all levels of the government. OCA aims to embrace the hopes and aspirations of the nearly 2 million citizens and residents of Chinese ancestry in the United States, as well as to better the lives of all 14 million APAs.

OCA’s goals are: • to advocate for social justice, equal opportunity, and fair treatment; • to promote civic participation, education, and leadership; • to advance coalitions and community building; and • to foster cultural heritage.

OCA is a registered 501(c )(3) nonprofi t, tax-exempt organization. To fi nd out more about OCA, contact: OCA National Offi ce 1001 Connecticut Ave., NW, Suite 601 Washington, D.C. 20036 [email protected] www.ocanatl.org

About The Allstate Foundation The Allstate Foundation is an independent, charitable organization made possible by the Allstate Corporation. Allstate and The Allstate Foundation sponsor community initiatives to promote “safe and vital communities”; “tolerance, inclusion, and diversity”; and “economic empowerment”. The Allstate Foundation believes in the fi nancial potential of every individual and in helping America’s families achieve their American dream.

iii Why OCA Produced This Manual OCA is proud to present Responding to Hate Crimes: A Community Action Guide, Second Edition. Designed as a practitioner’s guide, the manual offers OCA members and the general public step-by- step guidelines, checklists, internet resources, and best community response practices to hate crimes. OCA will primarily use the guide to complement education workshops sponsored by OCA’s local chapters and underwritten by The Allstate Foundation. However, OCA offers the manual as an activist tool to all communities.

The APA consists of over 50 ethnic groups and 100 language communities. Unifi ed largely by name, Asian Pacifi c Americans cover the full spectrum of education, income, English profi ciency, immigration history, and civic understanding. The “model minority” myth often used by the media to characterize the APA community overlooks the distinct challenges this community faces due to its diverse elements. Consequently, the problem of hate crimes within the APA community also is often overlooked. To address this challenge, OCA has worked to create a publication with a culturally and linguistically sensitive perspective.

First edition, August 2005 Second edition, August 2006

iv Table Of Contents

Prologue ...... vii Chapter 1: Hate Crimes: An Introduction When Anti-Asian Sentiment Culminates In A Hate Crime ...... 1 What Is A Hate Crime? ...... 2 What Sets Hate Crimes Apart? ...... 3 A Difference Of Degree: Hate Crimes Versus Hate Incidents ...... 5 Who Are The Hate Crime Victims? ...... 5 The Offenders And Their Motives ...... 5 How Many Hate Crimes Occur? ...... 6 Who Monitors Hate Crimes? ...... 8 Why Is It Important To Report Hate Crimes? ...... 9 How To Improve Hate Crime Reporting ...... 9 Chapter Resources: • Evaluation Tool: Is The Incident A Hate Crime? ...... 4 • Checklist: Reporting A Hate Crime ...... 15 Chapter 2: Victim Support Overview ...... 21 Crisis Intervention ...... 22 Legal Referral ...... 24 Monetary Compensation ...... 29 Mental Health Counseling Services ...... 31 Victims Advocacy ...... 32 Media Relations ...... 33 Chapter Resources: • Checklist: Paying The Financial Costs Of The Hate Crime ...... 31 • Checklist: Managing the Victim’s Message Through A Spokesperson ...... 35 Chapter 3: Community Response Overview ...... 37 The Role Of The Community Advocate ...... 38 Getting Started ...... 38 Holding Discussions ...... 40 Raising Voices: Community Expression On Hate Crimes ...... 42 Calling For Justice ...... 52 Educating Ourselves And Our Community ...... 52 Building Bridges ...... 56 Chapter Resources: • Checklist: Hosting A Press Conference ...... 46 • Sample Press Release ...... 48 • Sample Media Advisory ...... 49 • Sample Event Promotion Flier ...... 51 • Worksheet: Working With Coalitions ...... 60

Endnotes ...... 62

Resources ...... 64

Evaluation ...... 71

v vi prologue

In 1982, several members of the Asian Even though the word “hate crime” was Pacifi c American (APA) community were a relatively new term in public conversation shocked by the news of the murder of a at the time, some people in the APA young Chinese American near Detroit, community recognized that the race-based Michigan. Vincent Chin, 27, was attending motive underlying Chin’s murder warranted his bachelor party at a bar when two a different response than the court gave. unemployed auto workers, Ronald Ebens And it was a wakeup call. Several APA and Michael Nitz, thinking Chin was community leaders, including those within “Our efforts to confront Japanese, directed racial and obscene the Organization of Chinese Americans the demons that breed hate comments at him. “It’s because of you little (OCA), started to organize their own efforts motherf****rs that we’re out of work,” to achieve justice for the Chin family and for and hate-based violence witnesses recalled Ebens yelling at Chin.1 the community. It was a watershed moment. must begin very early. Nitz had been laid off from his job at an American car plant, and apparently blamed Today, one can see the legacy of the Just as hate crimes are Chin for the correlation between his community organizing efforts arising a community problem, from the Chin case. The APA community unemployment and rising Japanese imports they require community into the American market. has made signifi cant strides toward self- empowerment in the past 20 years. solutions.” The two men chased Chin outside, and beat him with baseball bats. He died four Organizations serving the APA community former attorney general days later of his injuries. Equally shocking have sprouted nationally. More APAs janet reno, addressing a are fi lling elected offi ces and becoming community’s response to as the brutal nature of the murder was the synagogue arsons in court’s apparent lack of acknowledgment involved in the political process. Several sacramento, ca, 1999 of the mens’ race-motivated behavior. The colleges and universities offer Asian American county judge found Ebens and Nitz guilty studies programs. Ethnic media in print, of manslaughter after a plea bargain and broadcast television, and cyberspace keep sentenced them to three years probation, community members informed of news not court fees, and a $3,780 fi ne. To many people, covered in the mainstream press. Facilitated the sentence was a slap on the wrist.2 by technology, several members of the APA community are also linked by formal and informal communication networks that permit people to share news and take collective action more quickly.

vii Responding to Hate Crimes: A Community Action Guide

Yet no community can be fully prepared • Provide support to the victims; to respond when a hate crime strikes in its • Serve as a liaison between the victims backyard. and community and law enforcement, When a hate crime occurs, most people prosecutors, and service agencies; do not see themselves as the rally leader to • Express the community’s reaction to the move a community to respond. Most of us occurrence of a hate crime; would prefer not to talk about hate crimes, • Promote tolerance and diversity, thereby much less ask our neighbors or colleagues healing the wounds or negating the hate; to sign a petition or attend a meeting or a rally. You may believe that organizing a • Offer education to community members community response belongs to the “activists,” on hate crimes and ways to combat not you. them; • Organize preventive measures and But the fact is that when a hate crime occurs programs; in your community, it is your problem. Hate crimes isolate victims and members of the • Lobby for stronger federal and state hate community who share the victims’ charac- crime laws; and teristics. They breed fear and mistrust. Hate • Build bridges with people from different crimes create fi ssures in the community— backgrounds. your community. In some communities a community-based What are hate crimes? They are crimes organization exists that can assume the lead involving physical injury or property role. But in many cases, the appropriate damage where the offender is motivated by organization may be too far away or lack discrimination against the victim based on suffi cient resources to do all of the work. his/her race, ethnicity, religion, national origin Which begs the question, “Who will step and—if the law covers these categories— up?” The answer is “you.” sexual orientation, gender, and/or disability. Responding to Hate Crimes: A Community Lawmakers pass hate crime laws to punish Action Guide was written with you in mind. offenders. District attorneys prosecute those You can go directly to the chapter discussing who violate the law. The police enforce the law. the community action that interests you. But the work of the lawmakers, district Please keep in mind that our communities attorneys, and police address only part of are diverse, so your responses should be the solution. Community members complete tailored accordingly. You don’t need to have the solution when they: any experience with community organizing. You simply need to care, and fi nd other allies who similarly care. Together, a small number of active individuals can stimulate an entire community to respond.

We welcome any comments or suggestions for improvements to this manual. Please feel free to email us at [email protected].

viii 1hate crimes: an introduction When Anti-Asian Sentiment Culminates In A Hate Crime Hate crimes do not happen in a vacuum. They do, however, occur under conditions of intolerance and prejudice.

As sad as it is, people are the offenders, breeding and passing along intolerance and prejudice. They do so out of ignorance or fear or to scapegoat someone else for their problems. When they fi nd a group or com- munity of people who share their views, it is easier to justify their viewpoints and, possibly, actions. Worse, when they are able to institutionalize policies, practices, and laws, they make a whole society culpable.

Asian Pacifi c Americans (APAs) are no strangers to anti-Asian sentiment. They have been systematically excluded by U.S. laws from naturalizing as citizens, immigrating to the United States, owning land, attending Photo © Corky Lee. schools (unless desegregated), working for equal pay, and marrying white spouses.3 They History has a way of repeating itself, and so also have been targets of physical violence it is incumbent on people to educate them- during notable events like the Gold Rush of selves about the discrimination of the past the 1880s and challenging economic times to avoid discrimination in the future. Post for the American automobile industry in the 9/11 policies and practices have suspended 1980s.4 In an ignoble moment of American civil rights, creating concerns among many history, during World War II the U.S. gov- Asian Pacifi c Americans that they will not be ernment set aside constitutional principles treated fairly as they are being called increas- and incarcerated 120,000 innocent Japanese ingly to interact with law enforcement. Americans at internment camps.5 Political seasons ignite public rhetoric over

1 Responding to Hate Crimes: A Community Action Guide

immigration, bringing out some vitriolic • Selective of people based on his/her race, voices that dehumanize immigrants and ethnicity, national origin, religion, sexual using the deny them human rights. Competitive orientation, gender, and/or disability. internet foreign or economic relations between the United States and a foreign nation sometimes Federal Laws: recast APAs as “foreigners” in the public eye. Federal and state hate crime laws recognize http://www.fbi.gov/hq/ As APAs raise concerns over the resulting different categories of victims. To correct cid/civilrights/statutes. intolerant climate, already several hundred this problem, community advocates are htm#anchor286635 APAs have been directly targeted for hate lobbying for proposed legislation to amend the current federal law. One proposed con- State Laws: crimes by offenders who believe society www.partnersagainsthate. condones their behavior. gressional bill is called the Local Law En- org/hate_response_database/ forcement Enhancement Act (also referred A broad spectrum exists between prejudice laws.cfm to as the Local Law Enforcement Hate and a hate crime, the most extreme form of Crimes Prevention Act). discrimination. However, if addressed early, prejudice will not grow into acts of racial If passed, the legislation would give hate violence. Prejudice takes place in everyday crime victims more opportunities to see ? ? did you know? places—including neighborhoods, workplaces, justice served. Specifi cally, hate crime victims ? and schools—and in subtle and overt ways. who are protected in one state but not in “Hate Crime” Is A Misnomer As you read this guide, consider preventive another may be assured that prosecutors Despite its name, a hate crime measures you can take to address prejudice. will rely on a uniform standard provided by does not occur simply because the amended federal law. Currently, states an offender has hateful feelings. vary with respect to coverage for victims Under the law, an offender has targeted based on sexual orientation, gender, committed a hate crime if s/he What Is A Hate Crime? and/or disability. intentionally targets a victim Generally speaking, a hate crime is a criminal Moreover, the legislation would endow because of the victim’s personal offense committed against a person or prop- characteristics while committing the federal law with such protections. With erty, which is motivated, in whole or in part, the crime. the exception of a narrow range of federal by the offender’s bias against a race, ethnicity, crimes, current federal law does not protect national origin, religion, sexual orientation, hate crime victims who are targeted because gender, or disability.6 In some states, a hate of sexual orientation, gender, and/or crime is also known as a bias crime. disability. The proposed legislation would Broken down, a hate crime is: correct the gap in protection.

• A crime punishable under law Finally, the proposed legislation would • Committed against a person, or involving permit federal authorities to assist states property with investigations and prosecutions of hate crime cases. Currently, states do not always • Where the offender was motivated to have the necessary laws, resources, or political any degree by bias against any of the will to fully investigate or prosecute hate explicitly named categories of victims crime cases. Five states— Arkansas, Georgia, that the federal, state, or local law Indiana, South Carolina, and Wyoming—do recognizes not have hate crime laws.

2 Hate Crimes: An Introduction

Since 1991, the Federal Bureau of 2. Hate crimes attack the victim’s self Investigation (FBI) has been collecting concept. A hate crime takes on a very and publishing data on hate crimes in the different character than general crimes United States under the mandate of the because it strikes against the heart of a organizing tip Hate Crime Statistics Act (HCSA) (18 victim’s identity. Unlike a victim of a U.S.C. 534 Note). Enacted in 1990, the general crime who can avoid walking in Advocating For Stronger Hate HCSA requires the Justice Department to unlighted areas, for example, a hate crime Crime Laws acquire data from law enforcement agencies victim cannot choose not to be Asian To learn more about how your across the country on crimes that “manifest Pacifi c American or Jewish American or community can participate in prejudice based on race, religion, sexual gay. Moreover, a hate crime is so personal strengthening federal and/or orientation, disability, or ethnicity,” and to that it causes greater emotional trauma. state hate crime laws, contact the OCA National Offi ce at (202) publish an annual summary of the fi ndings. Hate crime victims must cope not only 223-5500. OCA, a member of The HCSA has proved to be a powerful with the general crime, but also with the Leadership Conference on mechanism to confront violent bigotry the knowledge they have been targeted Civil Rights (LCCR), an umbrella against individuals on the basis of their race, because of the defi ning characteristics organization of 180 leading civil religion, sexual orientation, or ethnicity. that make them a member of a certain rights organization, actively Importantly, the HCSA has also increased community. They may feel more isolated participates in such efforts. You public awareness of the problem and sparked from the community at large, and under- can also read more about hate improvements in the local response of the standably doubtful that they are truly safe crime issues and download criminal justice system to hate violence. anywhere. They may feel angry and frus- advocates’ tools under LCCR’s Additional information about FBI hate trated. The hate crime victim may carry website, www.civilrights.org. crime reports is available at www.fbi.gov/ucr/ these emotions for a long time. ucr.htm. 3. A hate crime has a negative impact not only on the victim but on the community However, the FBI does not collect hate When a person is crime data on victims of hate crimes who as well. The victim directly experiences are targeted because of gender. the impact of the hate crime. However, victimized on the basis members of the victims’ community also of race, ethnicity, national may experience similar feelings of fear, vulnerability, and isolation—a secondary origin, sexual orientation, What Sets Hate Crimes effect—as they realize that they too gender, or disability, it could be victims. When a hate crime has a chilling effect on the Apart? occurs, communities are at risk for 7 Hate crimes are distinctive for three reasons: heightened tensions and divisive relations community as a whole. among different groups. 1. Under hate crime laws, the offender has to be motivated by bias against the victim’s identity. Hate crimes are distin- guished under law from general crimes by the existence of a bias motive. A hate crime is a general crime plus a bias motive. Hate crime laws punish offenders for the general crime, and then generally provide additional punishment for the bias motive. Laws in 45 states and the District of Columbia set additional penalties for crimes motivated by bias.

3 Responding to Hate Crimes: A Community Action Guide

Evaluation Tool: Is The Incident A Hate Crime?

To assess whether an incident is a hate crime, use the following analysis to help you determine fi rst whether the incident is a crime or not, and second, whether the crime is motivated by bias and thus constitutes a hate crime. This tool does not substitute for professional legal advice. Please seek the advice of a lawyer who has working knowledge of hate crimes.

STEP ONE: Is the incident a crime? Did the incident: • Result in serious injury? • Result in injury, even if the injury is slight? • Include a threat of violence that looks as though it could be carried out? • Result in property damage?

If you answered “yes” to any of these questions, a crime may have occurred. A crime is an act that is punishable by law. Go to step 2. If you answered “no” to all questions, the incident may still constitute a bias-motivated incident. Such incidents still require a community response. Examples of hate incidents include, but are not limited to: • The distribution of offensive material without a threat of impending violence (e.g., hate fi lled fl yers at an offi ce or park) • The posting of hate materials, without any resulting in property damage (e.g., billboard depicting demeaning racial caricatures)

STEP TWO: Is the incident motivated by bias?

• Were there differences between the assailant and the victim (e.g., race, ethnicity, religion)? • Did the crime include racial or bias verbal statements or written markings, such as slurs or graffi ti? • Have other hate crimes occurred in this area previously? • Did this crime occur in a high-density area of your community? e.g., Chinatown, Little India? • Did this crime take place during a signifi cant cultural event, such as Chinese New Year, Hitler’s birthday, the anniversary of Pearl Harbor or 9/11 or some other landmark date?

If you answered “yes” to any of these questions, there may be suffi cient evidence of bias. A hate crime includes both a crime and bias motivation; therefore, if the incident passes steps 1 and 2, a hate crime may have occurred. A hate incident includes a non-crime and bias motivation; therefore, if the incident passes step 2 only, a hate incident may have occurred. Crime + Bias = Hate Crime

4 Hate Crimes: An Introduction

A Difference Of Degree: National Origin. A person may be discriminated against because of his/her Hate Crimes Versus place of origin or ancestor’s place of origin, or Hate Incidents because that person has the physical, cultural, organizing tip or linguistic characteristics of a specifi c ethnic Bias takes the form of hate incidents more group, according to the Equal Employment often than hate crimes. Hate incidents are Don’t Forget To Report Hate Opportunity Commission. APAs have any acts, conduct, speech or expression that Incidents, Too! origins from the Far East, Southeast Asia, Although hate incidents may are bias motivated, but not punishable under South Asia, or the Pacifi c Islands. not prosecutable, it is still the law. These can include verbal harassment, important that they be reported. ridicule, threats, insults, and slurs. In other Religion. A person may be discriminated Law enforcement agencies and words, a hate crime is a criminal act, against because they are identifi ed with community-based organizations whereas a hate incident is not. a religious faith, i.e., Jewish Americans can use hate incident reports (anti-Semitism), Sikh Americans, Muslim to document a history of hate You are more likely to encounter hate Americans. activity, track any patterns, and incidents than hate crimes, but you should analyze offenders’ behavior. Often, always respond to them. Hate is wrong, Sexual Orientation. Gays, lesbians, hate incidents precede or escalate whether or not the law recognizes that a transgender, or transsexual people are into hate crimes, and therefore crime has occurred. Further, hate incidents, potential victims. need to be addressed early. if left unchecked, can breed an inviting environment for additional hate crimes. Gender. The offender may be motivated by a bias toward a gender. Although women are more often targeted than men, a person of Who Are The Hate Crime either gender can be a victim of a hate crime. ? ? did you know? Victims? Disability. People who have or are perceived ? to have physical or mental disabilities may An Offender Has No Defense If Hate crime victims can be anyone—you, a be victims. family member, neighbor, colleague, barber, He/She Misidentifi es Victim’s or grocery clerk. Identity. An offender who perceives a Hate crime victims are regular people who The Offenders And victim to belong to a certain make up the fabric of America’s diverse group, but is mistaken about society. They can be targeted for any of the Their Motives the victim’s identity, is still guilty of a hate crime. By law, motive following reasons: Contrary to popular perception, hate is the key element to proving a crimes are largely committed by white young Race or ethnicity. A person may be targeted hate crime. Therefore, as long males acting out in groups, not by organized due to race as an Asian Pacifi c American as the offender had the motive extremist groups.9 In fact, organized hate (APA), African American, Arab American, to target a victim of a certain groups are behind only 15 percent of all Latino American, Native American, or group (“perceived identity”), hate crimes, according to the Southern the fact that the victim’s actual Caucasian. Also, a victim may be perceived Poverty Law Center.10 identity is different does not as a member of an ethnic group. Within excuse the offender from the APA community, there are at least 50 punishment. different ethnic groups, (e.g., Filipino, Vietnamese, Hmong).8

5 Responding to Hate Crimes: A Community Action Guide

Some males may not commit hate crimes as How Many Hate Crimes individuals. However, in groups of four or more, they may act out, and violently. These Occur? offenders succumb to group pressure. They At the present time, no one knows with any ? ? did you know? are motivated by various factors, including degree of reliability how many hate crimes ? the following: occur nationally. Hate crimes need to be reported by victims to law enforcement and In 2001, 507 hate incidents Thrill seeking. Involves a search to cure also collected and publicly reported by law against Asian Pacifi c Americans boredom.11 (APAs) were reported in the enforcement for an accurate count. annual Audit of Violence Against Scapegoating. Occurs when offenders The FBI is charged with collecting and APAs published by the Asian perceive their victims to be responsible for reporting hate crime statistics, but the American Justice Center their problems. To illustrate, an offender may accuracy of statistics they report to the public (formerly the National Asian be a student who acts out on the belief that relies on victim reporting and local law Pacifi c American Legal a minority student has unfairly gained a enforcement reporting. However, two chal- Consortium) and its affi liates. spot in the admitting class under affi rmative lenges make an accurate count very diffi cult. action, or an employee who feels he has lost First, victims do not always report hate his job because of foreign competition.12 crimes; only an estimated 44 percent of hate 13 Racism. Originates in negative stereotypes crimes are reported to the police. Second, police may not accurately document, collect, organizing tip about people along race, ethnicity, and national origin that may become reinforced and report hate crimes to the FBI, and thus Go to www.fbi.gov to check out by the media. the records of many hate crimes might be lost. the most recent hate crimes In 2004, the FBI reported that 7,649 hate annual report. See if your city Hate. Involves an intense feeling based on crimes occurred in the United States the is listed as a jurisdiction that animus toward people who are different previous year. During the FBI’s efforts reports one of those zeros. If than the offender. Contrary to popular it is, organize your community opinion, however, only a small percentage to collect data, 12,711 law enforcement to ensure that the local law of hate crimes are perpetrated by organized agencies participated, but over 4,000 other enforcement agencies are hate groups. agencies did not collect or report hate collecting information and crime data.14 Furthermore, 83.9 percent of reporting on hate crimes. Xenophobia. Arises out of resentment to- the 12,711 agencies that did report claimed ward immigrants who come to the United that no hate incidences occurred, which States, or emigrate into the immediate area. is unlikely given the hate crimes known Offenders may lash out against immigrants to community-based organizations.15 As a because they do not understand or accept result of this pervasive underreporting, the people from different cultures and back- FBI’s offi cial number is not even close to grounds. Also, they may become fearful the actual occurrences of hate crimes. In when arriving immigrants change the fact, according to the government’s own neighborhood’s demographics. report, Hate Crimes Reported by Victims and Police, issued in November 2005 by the Bureau Conspiracy. Arises when some offenders of Justice Statistics, the real number of believe they are in immediate danger due to occurrences may be 19 to 31 times higher a conspiracy against them by a target group. than the FBI’s offi cial numbers.16 Encour- aging news, however, is that the number of participating agencies is the largest total in the 14-year history of the HCSA.17

6 Hate Crimes: An Introduction

Hate Crimes Against Asian Pacifi c Americans

Scapegoating Sikh Americans After 9/11 Victims Of Thrill Seekers September 15, 2001: Mesa, AZ June 6, 2003: San Francisco, CA Balbir Singh Sodhi, a Sikh American gas Five Asian Pacifi c American (APA) teenagers started to enter a station owner, was killed by a shooter diner on Taraval Street in the Sunset District to celebrate high who mistakenly perceived him as Middle school graduation. From behind, they heard three white youth Eastern. The Sikh American wore a turban call them “gooks.” As they turned around, the APA males were and beard. Within 25 minutes, the shooter attacked without provocation. Twenty more white males joined had also targeted a second station owner the melee from a kegger party and beat and chased the APAs, of Lebanese descent and a home owned infl icting injuries, including swollen jaws, welts, bruises, and Courtesy of SALDEF. by a family from Afghanistan. When the facial bleeding. The police who arrived were only able to arrest shooter, Frank Silva Roque, was arrested, he made comments one white juvenile. The offender was convicted of two felony to the police that he was a “patriot” and was “standing up for hate crimes, and assigned to probation and signifi cant community his brothers and sisters” in New York. Roque was sentenced to service. Judge Kevin McCarthy, the presiding judge, said the death for fi rst-degree murder, and an additional 36 years for APA teenagers were “in the truest sense of the word victims of other charges. the most despicable kind of behavior that can be imagined.”

Assault On Interracial Couple Multiple Hate Crime Shooting January 31, 2004: Iowa City, IA August 10, 1999: Los Angeles, CA Four Caucasian males approached Janice Chang, an Asian Buford Furrow entered the North Valley Pacifi c American (APA) female student from the University of Jewish Community Center, which was Iowa, and her Caucasian male companion, who were ordering operating a daycare center. Upon entering, a pizza at 1:00 a.m. in downtown Iowa City. One male called Furrow discharged 70 shots from his Uzi the APA student a “chink” and imitated a monkey while the sub-machine gun and injured fi ve people: other three surrounded her companion. Then they called her Isabelle Shalometh, 68, a receptionist at companion a “chink lover,” threatening the two with violence. the center; counselor Mindy Finkelstein, 16; Chang’s companion attempted to back away, but the four males Courtesy of APALC. and three boys—Benjamin Kadish, 5, Joshua chased after him. Stepakoff, 6, and James Zidell, 6.

When Chang tried to intercede, she was assaulted by one of the An hour later, Furrow used a 9mm handgun to shoot and kill men. She called to her companion to dial 911. As he pulled out his Joseph Ileto, a Filipino American mail carrier who was mak- phone, he was assaulted. His face was fractured in three places, ing deliveries in Chatsworth, California. According to Furrow, creating a permanent deformity on the right side of his face. he perceived Ileto to be a “good ‘target of opportunity’ to kill because he was ‘non-white’ and worked for the federal govern- Only one assailant was apprehended. He pleaded guilty to ment.” Specifi cally, the gunman thought the mail carrier was the two charges brought against him—public intoxication and “Hispanic or Asian.” After the multiple shootings, the police disorderly conduct—but withheld the names of the assailant found materials at Furrow’s house evidencing his connections and the other offenders involved. to white supremacist groups. Furrow received two life sentences and was ordered to pay $690,294 in restitution. He was spared the death penalty due to possible mental illness.

7 Responding to Hate Crimes: A Community Action Guide

Who Monitors Hate Some state, municipal, and county human rights commissions, together with community Crimes? groups, also track hate crimes and issue reports, The FBI reported that 7,649 Law enforcement —both local police and giving the public a fuller understanding of hate crimes occurred in the FBI, community-based organizations, hate crimes in their localities than can be 2004 in the United States. and state, municipal, and county human gained from the FBI report. rights commissions—monitor hate crimes. • 52.8 percent were At present, if you want to know the number motivated by racial The FBI leads the largest effort to collect of hate crimes occurring in your city, bigotry. hate crime data. Under the Hate Crimes community or in the United States, you may Statistics Act (HCSA), the FBI is required need to refer to more than one source and • 18.0 percent were to collect hate crimes data (except gender- extrapolate data from different hate crime caused by religious biased crimes) from law enforcement reports. The FBI report is produced under a intolerance. agencies. The law, however, does not require mandate that involves 12,711 law enforcement law enforcement agencies to collect the data agencies, a national undertaking that likely • 15.6 percent were and report it to the FBI. Due to the lack of no community-based organization can the result of sexual- mandatory collection, the FBI’s 2004 annual match in resources. However, it offers only orientation bias. report, Hate Crime Statistics, is not an accurate general statistics, and not detailed statistics • 12.7 percent were or reliable tool. that report the ethnicity of the offender and victim, and the location (e.g., school, triggered by ethnicity/ Because of the shortcomings of the FBI workplace, street). Also, the FBI report does national origin bias. report, some community-based organizations not provide analyses or narrative reports. • .75 percent were track hate crimes in specifi c communities. The community-based organization reports triggered by disability Several national APA organizations track sometimes provide more detailed statistics, bias. hate crime data on Asian Pacifi c Americans analyses, and narrative reports. However, and have issued their own reports (e.g., they may be limiting because they focus Source: Anti-Defamation League’s Asian American Justice Center in on specifi c target groups or geographic Washington Offi ce. Washington, D.C. and its affi liates—the areas. They also lack the resources to Asian American Institute in Chicago, collect accurate data. State, municipal, and Asian Pacifi c American Legal Center in Los county human rights commissions, working together with community groups, may offer organizing tip Angeles, and the Asian Law Caucus in San Francisco; Asian American Legal Defense and the most accurate hate crime data for their localities because they can collect reports Contributing To The Hate Crime Education Fund in New York City; the Sikh both from the FBI and community-based Data Bases American Legal Defense and Education organizations. However, they are focused Given the decentralized hate Fund in Washington, D.C.; and the South crime data collection system, Asian American Leaders of Tomorrow in only on their localities. you should fi le a hate crime Washington, D.C.). report not only with the FBI but also a community-based Several national organizations serving organization that collects hate non-APA communities also collect and crime data. Also, check with publish hate crime reports. They include the the state, municipal, or county Anti-Defamation League, the American- Human Relations Commission, Arab Anti-Defamation League, the National if one exists, to see if they Coalition of Anti-Violence Programs (a monitor and report hate crimes. group of organizations that document hate crimes based on sexual orientation, gender identity, and/or HIV status) and the National Council of La Raza.

8 Hate Crimes: An Introduction

Why Is It Important To How To Improve Hate Report Hate Crimes? Crime Reporting Why should a community advocate report It is very important for hate crimes to be hate crimes, rather than focus exclusively reported to prevent future hate crimes. Up on prevention and response of hate crimes? to 180,000 hate crimes may be unreported The answer is that the data is necessary for every year,18 either because the victim does effective prevention and response. not report them or the local law enforcement does not recognize that a hate crime has Reporting hate crimes is critical to achieving occurred (or does not have an internal the following goals: process in place to report the hate crime to • Allows law enforcement to investigate the FBI). the case. As a community advocate, you can play • Prevents future hate crimes. several roles to improve hate crime reporting. • Holds the offender accountable. • Places the community on alert to look Supporting Victim Reporting out for the safety of its residents. • Explain to the victim the seriousness of • Permits the victim to potentially be hate crimes. eligible for state medical assistance and • Educate the victim on the criminal victim assistance funds. justice system, and address any concerns • Increases the likelihood of other victims (e.g., privacy, immigration status) honestly reporting their hate crimes. and accurately. Enlist an attorney to help. • Provides the community an opportunity • Urge the victim to report to the police, to publicly denounce the hate and heal and also copy the report to a community- the wounds. Counters the tacit message based organization. of acceptance that the community would • Explain that reporting will result in otherwise be sending if it did not respond police investigating the case. when a hate crime occurs in their midst. • Explain that reporting even a hate in- • Educates the general public about the cident will assist police to identify the true prevalence of hate crimes. offender and to document the incident. • Presents the community with the oppor- • Explain that reporting will potentially tunity to discuss ways that they want to prevent the offender from attacking deal with hate crimes (e.g., public educa- another person. tion, community organizing, legislative • Explain that fi ling a report may lay the advocacy, youth programs, police- foundation for future prosecution. community partnerships). • Provide support for the victim for • Gives lawmakers, government offi cials, reporting even if law enforcement’s and funders the information necessary response falls short of expectations. for them to decide on funding for education, training, prevention, and • Marshal community support and press victim assistance. for strong law enforcement action against hate crimes if law enforcement lacks the knowledge, training, funding, or will to investigate, report, and prosecute hate crimes.

9 Responding to Hate Crimes: A Community Action Guide

Why Victims May Not Want To Report

Reason What You Can Do

Victim has limited English profi ciency • Find certifi ed translators to assist the victim. Alternatively, ask family members, community advocates and social workers to translate. • Ask local law enforcement agency to provide for certifi ed translators. Alternatively, request bilingual police offi cers. • Request local law enforcement to produce “Know Your Rights” handouts in different languages.

Victim distrusts government due • Discuss any concerns that the victim may have regarding contact with law enforcement to negative past experiences with (e.g., abuse, privacy, retaliation, harassment, lack of follow-up). You cannot assure government in country of origin. that the experience will not be negative; however, you can inform the victim what s/he should be able to expect. • Accompany the victim to provide support and to serve as a witness. • Organize joint police-community programs to raise the law enforcement’s visibility in a non-enforcement capacity within the community. • Lobby for increased diversity in the hiring of police offi cers and prosecutors. • Lobby for bilingual police offi cers and prosecutors. • Offer cultural competence trainings for police offi cers and prosecutors. • Lobby for a police satellite offi ce in the community.

Victim misunderstands police and • Meet with the police to discuss any cultural issues that may serve as a barrier to full their actions, or perceives that police communication.20 Both victims and the police may have different sets of ideas about lack cultural competency. Cultural interacting with one another based on different cultures that run into confl ict. competence speaks to an offi cer’s • Organize training sessions for police so that they are more knowledgeable about capacity to incorporate ethnic/cultural different cultures. Police may have their own preconceived notions about people of considerations into his/her work different backgrounds that are not helpful when serving the community. with diverse cultural identities.19

Victim perceives that the hate crime • Explain the seriousness that hate crimes pose, not only to the victim, but the victim’s is not serious. community. • Offer education materials in relevant language if necessary and available. • Show victim past cases and positive outcomes when the victim reported the incident (e.g., offender was caught, thereby preventing a possible future attack on another victim, and punished). Also share stories where diverse communities came together to respond to hate crimes.

Victim perceives that the government • Have the victim work with an attorney before contacting the police if the victim’s is anti-immigrant, due to broad immigration status is at issue or the victim is a member of one of the targeted negative impact of policies and immigration communities that the federal government lists for Special Registration. practices on their communities • Report the hate crime to a community organization (in lieu of the police) that will enacted after September 11, 2001. protect the victim’s identity. Generally, community-based organizations can supplement the offi cial reports in case the offi cial reports fail to count a local hate crime, or does not provide as much as detail as an offi cial FBI report. continued on next page

10 Hate Crimes: An Introduction

Why Victims May Not Want To Report, continued

Reason What You Can Do Victim lacks documented immigrant • If not an emergency situation, consult a community-based organization or attorney status, and therefore is fearful that who is familiar with the local laws or law enforcement practices. Some jurisdictions interaction with police will lead to may not ask about immigration status; others may. deportation. • Allow the victim to make the fi nal choice about whether to report, as they have a legitimate concern about detention and deportation.

Victim does not understand the U.S. • Offer information to the victim on the process that is triggered once a police report is legal system, laws and protections. fi led, including the parties involved, the length of the process, the law. Advise the victim on how to work with and communicate with lawyers (e.g., attorney-client privilege). • Refer victim to victim support groups who can also explain victim’s rights.

Victim fears that the offender will • Explain that reporting the incident to the police will begin an investigation and return. possible arrest of the criminal, which would take that criminal off the streets.

Victim believes that the police will • Where the victim has a legitimate concern about police inaction (e.g. the victim or not take action. a victim’s acquaintance previously reported a crime to the police, but did not have a good encounter, offer to serve as a community representative to the police). The police may give the community representative more credibility. • Explain to the victim that the police may not apprehend the suspect immediately, but that the victim should not interpret the police action to mean that they are not serious about hate crimes. Rather, the police may conclude that the incident is a hate incident for which they cannot make an arrest. However, after several victims fi le reports, the police will have a stronger case to make an arrest based on the offender’s pattern of activity and behavior. Therefore, it is important for every victim to fi le a report.

Victim fears reporting their sexuality • Ensure that police take anti-gay hate crimes seriously and are respectful and to the police (and the public). discrete with victims.

Support Law Enforcement Reporting • Ensure that the statements describing the incidents are detailed and complete with • Report to the police any hate incidents respect to the facts of the hate crime, as or hate crimes. the statement will be used to build a case • If the police offi cer does not recognize for the prosecution. the incident as hate-motivated, explain • Follow up with the offi cer in charge of why. If the offi cer does not show will- reporting statistics to the FBI that the ingness to listen, then consider a letter hate crime report was documented for writing campaign to the police chief that year. and/or state and local political leaders. • Lobby law enforcement to hire bilingual • Make sure that the offi cer checks off any offi cers or contract certifi ed translators relevant boxes on the reporting form so that language is not a barrier to that indicate that a hate crime may have reporting. occurred. continued on page 14

11 Responding to Hate Crimes: A Community Action Guide

Why Law Enforcement May Not Be Reporting Accurately Or At All

Reason What You Can Do

Offi cer may not recognize the hate • Show the offi cer the relevant elements of the crime, including the bias. crime. • Encourage the offi cer to use a certifi ed translator or other party to assist the offi cer to communicate fully with the victim. • Encourage the offi cer to take the time to allow the victim to offer the facts, if not allow the victim to submit his/her own statement. • Advise the offi cer that a fi nding of a hate crime may enhance the sentence.

Offi cer may not appreciate the • Try to educate the offi cer, and if necessary, the supervising offi cer. importance of hate crimes.

Offi cer may lack training or agency • Lobby for hate crime training to be provided at the police training academy and roll calls. lacks training resources. • Also lobby for cultural competency training to be offered. • Share with the offi cer the list of training resources located in this handbook. Several are free. • Lobby for funding for local law enforcement anti-bias work.

Offi cer may lack training due to • Raise issue at the executive command level or with the police chief. agency’s disinterest in making the • Raise issue with elected offi cials to apply pressure on law enforcement to take hate training a priority. crimes seriously. • Lobby for stronger hate crime laws at the state and federal level.

Agency lacks formal and organized • Urge law enforcement to participate with the FBI’s reporting system. reporting system

Offi cer may not be sensitive to the • Urge police department to offer diversity training. concerns of a minority community • Call for a meeting with community organizations and advocates serving the minority community to explore ways to better educate police offi cers on the community’s needs and concerns. • Recruit and hire offi cers who are representative of the community and have bilingual skills.

Offi cer may not be sensitive to the • Address any biases police may have toward hate crime victims based on their sexual concerns of a gay, lesbian, bisexual orientation with diversity training and the implementation by police departments of and transgender community. a zero tolerance policy for offi cers engaging in hate activities, including speech.

12 Hate Crimes: An Introduction

Why Immigrants May Not Want To Have Contact With The Police After September 11, 2001

After September 11, 2001, several government policies and Airport Security Screeners were required by the government to practices targeting immigrants have deterred some immigrants be U.S. citizens, putting nearly 10,000 immigrants out of work. from interacting with police, even to report a hate crime. “Operation Tarmac” raids at 100 airports also purged nearly 1,000 more immigrants. Racial Profi ling. South Asian American Leaders of Tomorrow documented hundreds of reports by immigrants experiencing Absconder Apprehension Initiative. Under the initiative, hundreds bias and racial profi ling incidents both by private citizens and of thousands of immigrants with outstanding deportation security agents. orders were listed in a national database to be apprehended immediately as criminal suspects. Included were people who National Security Entry-Exit Special Registration Systems were not notifi ed of court notices. (NSEERS). The system requires males who travel to the United States from at least 25 specifi c countries to be fi ngerprinted, Clear Law Enforcement for Criminal Alien Removal Act (CLEAR) photographed, and interviewed when they arrive and requires Act is being proposed to mandate that state and local governments temporary visitors already in the United States to report to INS take on immigration enforcement as part of their duties. Some offi ces for registration. Critics say that the program presumes law enforcement groups have voiced concerns that the proposal that visitors from certain countries are suspected terrorists, did will impede their ability to maintain the trust of the communities a poor job of community outreach, and is an ineffi cient means they serve. of detecting terrorists.21 The overall effect of such policies is that many immigrant Detention. Over 1,200 people of Muslim and Arab descent were communities have become so fearful of the government that detained, many on technical immigration violations, not terrorism- they do not want to communicate or cooperate with any related charges. Some remain in indefi nite detention. government agent, much less law enforcement, regardless of their immigrant status. Deportation. Over 13,000 people have been deported, creating widespread fear within immigrant communities of deportation. If a hate crime victim is concerned about immigration is- sues, seek a lawyer to explore options to have the hate crime USA Patriot Act. This controversial law provides law enforcement reported and prosecuted while at the same time protecting that with enhanced powers to investigate, conduct surveillance victim or witness. Also, the victim may want to consider reporting to and secret searches on any person, and to detain immigrants a community-based organization that will protect the victim’s indefi nitely based on unspecifi ed allegations of threats to identity. national security and without a trial or hearing.22 Sources: Special Registration: Discrimination and Xenophobia As Government Policy, an Asian American Legal Defense Fund report, and the South Asian Network.

13 Responding to Hate Crimes: A Community Action Guide

How Hate Crime Reports Can Prevent Future Occurrences

The data collected from hate crime reports is very useful for the police to address the problem. Additionally, data identifying combating hate crimes, because hate crime data potentially the specifi c offense types will also allow you to compare local provides information on who the victims and offenders are, hate crimes to the national average. what types of crimes are being committed, where hate crimes may be recurring, when hate crimes may be more likely to Where the hate crimes are occurring will show you which areas occur, why they are occurring, and how many hate crimes are to monitor more closely. Do they occur mainly where a con- occurring. The data can be used to better identify patterns and centration of ethnic businesses operates, or neighborhoods or solutions to prevent similar hate crimes from recurring. schools where new minority groups have moved? For example, is the Little Tokyo area being vandalized? As a community Additionally, community advocates need hate crime data to advocate, you can alert the police to the community’s concern lobby for increased funding for a range of law enforcement for more frequent patrols in that area. agency and community-based organization activities, including investigation, prosecution, training, data collection, and When the hate crimes happen also will help you to prepare for community programs. prevention measures. Hate crimes may occur around cultural events, religious holidays, or anniversaries (e.g., Pearl Harbor). Who the victims are will tell you if a particular community If hate crimes coincide with Chinese New Year, for example, (e.g., Chinese Americans) is being targeted. As a community then you may want to arrange for enhanced security in the advocate, you can serve as a liaison between the police and the Chinatown area during the celebration week. Community community to give the community updates on current cases and members can be trained to be peacekeepers. to inform its members of personal safety issues. Why hate crimes occur pinpoints whether you are dealing with What types of crimes are occurring will tell you the severity of bored young white males or organized hate groups. Either the hate crimes. More often than not, you will see intimidation way, you will have knowledge to inform you how to muster the cases, which should be treated seriously. Often, they are pre- resources to deal with the problem. cursors to more serious crimes. Such cases should be evaluated to determine an escalating pattern of activity. However, if you How many hate crimes are occurring is useful for the entire see cases that involve assault, rape, or murder, then you have community to understand the scope of the problem so that you cause to mobilize the community immediately and work with better understand the challenge you face.

• Lobby law enforcement to employ cultur- • Share available training and education ally and linguistically appropriate practices resources for law enforcement with your To assist with accurate so that distrust by certain communities of local agency. collection of data, please police is not a barrier to reporting. • Serve as a community liaison between use the report on the • Lobby law enforcement to ensure that it has the community and local law enforce- the capacity to serve people with disabilities. ment agency to build trust and open a opposite page. • Request that law enforcement make communication channel. public their policies with dealing with undocumented immigrants.

14 Hate Crimes: An Introduction

Checklist: Reporting A Hate Crime

Use this as a checklist when assisting a victim to report a hate crime. Prior to reporting, ensure that the victim’s medical and emotional needs have been addressed.

Talk To The Victim ❑ Refer to the “Crisis Intervention” section under the “Victim Support” chapter regarding interactions with the victim. Ensure that the victim feels safe. Assure the victim that s/he is not at fault. Treat the victim with compassion and respect. ❑ Talk through any concerns the victim may have about reporting the incident. ❑ Help the victim fi nd an attorney if the victim is still uncertain about reporting (e.g., how victim’s immigration status may come into play).

Victim Reports The Incident To The Police ❑ Victim reports the incident to the police. ❑ Victim informs police if s/he perceives incident to be bias motivated. ❑ Victim reviews his/her own statement before signing for approval. ❑ Victim has a right to a copy of the police report. (Fee may be involved). • Report #: ______• If the victim reported bias motivation, did the report document bias? Y/N ❑ Retain the following information: • Dates/times of contact: ______• Offi cer name(s): ______• Badge numbers: ______• Police precinct/station: ______• Telephone: ______• Did the police arrest a suspect? Y/N • What is the arrested suspect’s status? Circle one. – Jailed – Released on bond • Do the police have a victim assistance program? Y/N – Contact: ______– Phone: ______Notes on interaction with law enforcement, (i.e., responsiveness) ______

Follow Up ❑ Call the victim assistance program. See sidebar under Monetary Compensation in Chapter 2 for directories to victim assistance programs.

• Claim worker assigned to the case: Name/Phone: ______• Date/Status: ______• Date/Status: ______• Date/Status: ______

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15 Responding to Hate Crimes: A Community Action Guide

Checklist: Reporting A Hate Crime, continued

Victim Reports The Incident To A Community-based Organization If the victim wants a community member to document the incident for him or her, then use the following report form. The information gleaned will assist you to (1) convey to the police important information to investigate and to arrest a offender (2) to provide information to the prosecutor to determine what charges to press, whether enhanced penalties can be sought for bias motivation, and what laws apply and (3) to help you to monitor developments regarding the victim and the next steps that you can take to help the victim.

❑ Victim Contact • Name: ______• Address: ______• Phone: ______• Email: ______❑ Victim Appointed Contact • Relation to Victim: Circle one: Family/Friend/Work Colleague/Acquaintance/Advocate/Fellow Student • Name: ______• Address: ______• Phone: ______• Email: ______❑ Victim Profi le • Sex: M/F • Age: ______• Race/ethnicity (circle one) Asian Indian Filipino Japanese Nepalese Sri Lankan Bangladeshi Hmong Korean Okinawan Taiwanese Bhutanese Indonesian Laotian Pacifi c Islander Thai Cambodian Indo Chinese Maldivian Pakistani Vietnamese Chinese Iwo Jiman Native Hawaiian Singaporean Other: ______❑ Victim Language Assistance • Primary language spoken: ______• Requires certifi ed translator? Y/N • Was a certifi ed translator secured? Y/N • Certifi ed translator name: ______Phone: ______❑ Incident • Date: ______• Time: ______• Address: ______• Location: ______

Be sure to indicate if the incident occurred on public or private property • Public Property? Circle one: Federal/State/Local Government-owned • Private Property? : ______

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16 Hate Crimes: An Introduction

Checklist: Reporting A Hate Crime, continued

Important to checkmark the location to determine jurisdiction. Under certain circumstances, federal hate crime law may apply. Consult an attorney. ❑ Residence: apartment, house, public housing? ❑ Business ❑ Street or sidewalk ❑ Restaurant ❑ School ❑ Hotel ❑ College/university ❑ Place of religious worship ❑ Recreation area (e.g., park) ❑ Carrier of transportation (e.g., car, plane, boat, train) ❑ Parking lot ❑ Gas station ❑ Place of Employment ❑ Entertainment arena (e.g., movie, theater, sports stadium)

• Victim’s Description of the Incident. Please include if at the time of the incident victim was applying for employment, serving as a juror, applying for a public program, benefi t, privilege, or service or engaged in a public-sponsored activity, traveling on public roads or other space. ______

• Witnesses - Name: ______- Address: ______- Phone: ______- Email: ______- Witness Description of the Incident ______• Victim Injuries Non-physical: ______Physical: ______Describe the medical treatment, if any? ______Does the victim have a copy of the medical report? Y/N Does the victim have any photos to evidence injuries? Y/N Does the victim have the names of the medial personnel who provided treatment? ______

❑ Bias Motivation • Did the victim believe that s/he was targeted based on any of the following? Check all that apply ❑ Race ❑ Sexual Orientation ❑ Ethnicity ❑ Gender ❑ National Origin ❑ Disability ❑ Religion

Note: Some hate crime offenders strike because of two or more biases, called mixed motives. Others may also act out based on different biases (e.g., appearances, homelessness). Check local laws to see if such bias acts are prosecutable.

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17 Responding to Hate Crimes: A Community Action Guide

Checklist: Reporting A Hate Crime, continued

❑ What are the reasons that victim offers for bias motivation? (Narrative description) ______Note: If the victim only later recalls bias indicators (e.g. hate language) that would prompt the police offi cer to check off “hate crime” in the offi cer’s report, the victim can ask to have an additional statement or addendum added to the original report. Check all that apply*. ❑ Offender and victim differ from each other in race, religion, ethnic/national origin (may be marked by foreign accent), sexual orientation, or disability or other distinguishing characteristics, such as immigration status. ❑ Offender made oral or written statements or gestures or acts that indicated his/her bias. ❑ Offender left bias-related drawings, markings, symbols or graffi ti. ❑ Offender used certain objects, items, or things that indicate bias (e.g., white hoods, burning crosses, swastikas). ❑ Victim is a minority in the neighborhood or the location where the incident took place, and only a short time has passed since the victim fi rst arrived in the neighborhood or the location (e.g., shortly after Sikh Americans build a gurdwara in the neighborhood, graffi ti appears). ❑ Victim was visiting a neighborhood where previous hate crimes have been committed against other members of his/her race, religion, ethnic/national origin, sexual orientation group, or disability, and where tensions remain high against his/her group. ❑ Several incidents have occurred in the same locality, at or about the same time, and the victim(s) all belong to the same community. ❑ A substantial portion of the community where the crime occurred perceives that the incident was motivated by bias. ❑ The victim was engaged in activities promoting his/her racial, religious, ethnic/national origin, sexual orientation group, or those with disabilities (e.g., victim is a member of OCA or participated in an anti-Asian violence demonstration). ❑ The incident coincided with a holiday relating to, or a date of particular signifi cance to, a racial, religious, ethnic/ national origin, sexual orientation group, or those with disabilities (i.e., Diwali, Lunar New Year, Martin Luther King Day, Rosh Hashana). ❑ The offender was previously involved in a similar hate crime or is a member of a hate group. ❑ There were indications that a hate group was involved (e.g., a hate group claimed responsibility for the crime or was active in the neighborhood). ❑ A historically established animosity exists between the victim(s) group and the offender(s) group. ❑ Offender had hate-specifi c paraphernalia (e.g., clothing, tattoos). *Adapted from the University of Oklahoma police department ❑ Crime – Was a threat made? Y/N. Check all that apply – Was the threat carried out? Y/N Check all that apply ❑ Intimidation, includes frequent threats and ❑ Robbery harassment (including sexual harassment) ❑ Burglary ❑ Simple assault (without weapon) ❑ Larceny-theft ❑ Aggravated assault (with weapon) ❑ Motor vehicle theft ❑ Rape ❑ Arson (fi re) ❑ Murder ❑ Destruction/ damage/vandalism

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18 Hate Crimes: An Introduction

Checklist: Reporting A Hate Crime, continued

❑ Offender(s) • Did the victim know the offender(s)? Y/N • Relation to the victim: ______• Offender(s) name: ______• Address: ______• Phone: ______• Physical description, including race, age, gender: ______• Car license plate: ______• Employer: ______

❑ Complaint About Police Response • Is the victim making a complaint about a police offi cer Y/N • Describe the complaint (e.g., abuse, harassment, crime): ______• Does the victim have witnesses to corroborate the complaint? Y/N • Witness contact information: ______• Police offi cer contact information - Dates/times of contact: ______- Offi cer Name(s): ______- Badge numbers: ______- Police precinct/station: ______- Telephone: ______- Did the victim take any action (e.g., fi le a complaint elsewhere)? ______- What was community action taken after this complaint? ______

- Was a “declaration” (a written and dated statement by the victim detailing the police response) created? The declaration is a simple, but impactful document that shows the seriousness with which the victim and the community advocate view the incident. Y/N - Was Chief of Police or supervisory body (e.g., police Offi ce of Inspector General or Offi ce of Accountability) handling complaints contacted? Y/N - Were any independent commissions that investigate allegations of police misconduct contacted? Y/N

19 Responding to Hate Crimes: A Community Action Guide

Chapter 1 – Hate Crimes: An Introduction Points To Remember

• A strong community response against hate crimes immediately after they occur is crucial to stamping out future hate crimes.

• A hate crime is a criminal offense committed against a person or property, which is motivated, in whole or in part, by the offender’s bias against a race, ethnicity, national origin, religion, sexual orientation, gender, or disability.

• Hate crimes are distinctive because they involve a bias motive and target victims based on their core identities. They negatively impact not only the victim, but also the community to which the victim belongs.

• Hate crimes involve a punishable crime. Hate incidents do not. Both, however, should be addressed seriously.

• Forty-fi ve states and the District of Columbia have hate crime laws. However, only approximately half of all states protect victims based on sexual orientation, gender, and/or disability. The states that do not have hate crime laws are Arkansas, Georgia, Indiana, South Carolina, and Wyoming.

• Federal hate crime law does not provide suffi cient protection for victims targeted because of their sexual orientation, gender, or disability.

• Hate crimes are severely underreported. As a result, no one knows how many hate crimes occurs nationally.

• Several community-based organizations document hate crimes into reports, and offer more detailed information than law enforcement. Urge victims to also fi le a report with such a community-based organization.

• What you can do:

– Raise public awareness about hate crimes.

– Organize the community to address hate crimes by lobbying for stronger federal and state hate crime laws.

– Support both victim and law enforcement reporting of hate crimes.

20 2victim support Overview When a member of the community is targeted for a hate crime, the victim is likely to feel isolated and vulnerable. Studies show that victims heal emotionally, overcome the trauma, recover, and resume a normal life more quickly when they feel that some- one cares. By offering support, community members may help the victim to restore a sense of well-being and even pride in his/her identity, which was the target of attack.23

At a time when the victim may want to withdraw, the victim is also expected to deal with several new situations, including getting medical care, fi ling a report with the police, understanding the criminal justice

system, fi nding compensation to pay medical Photo © Corky Lee. bills and lost wages, and dealing with the media. All the while, the victim is trying to (arrest, release, conditions of release) and the heal physically and emotionally. criminal justice system.

Since 1980, a growing number of govern- Community members have several oppor- ment agencies —including law enforcement tunities to assist the victim. You can become agencies, and community-based organizations trained as a volunteer to provide victim and private clinics—have created victims assistance, fi nd a victim assistance program assistance programs.24 The main goals of the for the victim, or take on specifi c tasks victim assistance programs are 1) to reduce related to victim assistance when no formal or eliminate psychological trauma by offering victim assistance programs exist or time does early support, thereby expediting the normal not permit in emergency situations. recovery process for the victim; and 2) to offer the victim varying types of aid that may Even if you do not think that you would include emotional support, counseling, advo- ever fi nd yourself directly working with a cacy, referrals to health providers, lawyers and victim, you can familiarize yourself with social service workers, and status information different needs of the victim and the on the investigation, the alleged offender, resources available to address those needs

21 Responding to Hate Crimes: A Community Action Guide

so that you will be in a position to arrange • Arrange for a certifi ed translator, if possible, for outside victim assistance. The most im- if the victim requires language assistance portant messages about victim assistance are to talk to the police and medical profes- to offer the support, provide the support early and sionals. Alternatively, seek assistance from deliver the support with dignity and compassion.25 the victim’s family, community activists, social workers or bilingual offi cers. This chapter on Victim Support covers aid that community members may fi nd for the • Document the crime. Take photographs victim or provide directly: of the scene, talk to witnesses, and write down information with as many specifi c • Crisis Intervention details as possible. • Legal Referral • Preserve evidence. Have the hate crime • Monetary Compensation victim wear the same clothes that were worn during the crime to the hospital • Mental Health Counseling because medical personnel are trained • Victim Advocacy and authorized to collect evidence. • Media Relations Some state victims funds may pay for the evidence collection if performed by these authorized personnel. Arrange through Crisis Intervention the victim’s friends or family to have More likely, you will become involved some other clothes brought to take to the time after the hate crime has taken place hospital, as the clothes he or she was and after the victim has been treated for any wearing will be kept as evidence. By injuries. However, if you do come across the the same token, the hate crime victim victim shortly after the hate crime and the should try not to shower, eat/drink, victim is injured, call 911. Or, take the hate smoke, brush teeth, or use the restroom crime victim to a medical center, hospital, before the medical exam. urgent care center, clinic, or doctor’s offi ce • If the hate victim changed his or her for examination and treatment. While waiting clothes since the crime, arrange for the organizing tip for emergency assistance, you can do the original clothes worn during the incident Communicating With The Victim following: to be taken to medical personnel at the Advise the victim honestly and hospital. • Ask the victim if s/he feels safe. If not, early about the scope of the move the victim to a different location. • Let the hate crime victim know that assistance, so the victim does The victim may be concerned that the both the police offi cers and hospital not have raised expectations personnel have their own protocol, and that may not later be fully met. attacker(s) will return. The victim may wish to talk to local hate crime experts will likely ask the victim the same questions. or the police about actual threat levels Assure the victim that the repetition associated with specifi c attackers. with which s/he is being asked to tell his or her story is not necessarily because • If the hate crime has not already been s/he is not believed. reported to the police, ask the victim whether s/he wants to fi le a report. • Ensure the police write legibly in their Record all contacts with police offi cers reports. and prosecutors. • Talk with the hate crime victim about any • Contact the victim’s family and friends, concerns s/he may have about privacy. and arrange child care, if necessary, as the S/he can ask the police offi cers and victim may be more concerned about medical personnel about their confi dential- their wellbeing and safety. ity practices before answering any questions.

22 Victim Support

How To Work With The Victim

You have been designated as a liaison by a coalition working to Communicate To The Victim Early About address a hate crime to make contact with the victim or his/her The Scope Of Assistance family. Please do not allow several people from the same coali- Advise the victim honestly and early about what you can and tion to contact the victim or his/her family during this traumatic cannot do so that the victim does not have raised expecta- time. You need one person to serve as the connection between tions that will not later be fully met. If it is helpful, write it the coalition and the victim, and ensure that the contacts made down on paper so that you both have a copy. are sensitive and unobtrusive. By the same token, keep the victim’s contact information strictly confi dential, as you are Set Up An Evaluation Meeting entrusted by the victim’s family not to distribute it to other coali- tion members, members of the general public, or the media. If possible, arrange for a face-to-face meeting with the What do you do? victim so that you can assess his or her needs. You will want to ask: Decide On The Scope Of The Relationship In Advance 1. Does the victim need any assistance? If you have time before you contact the victim, or you are not 2. Will the victim accept assistance from you? 3. What resources does the victim already have? responding to an emergency situation, assess your volunteers and resources. What may you be able to do for the victim? You can offer direct victim assistance or organize the community Get In Contact With The Victim to respond, ideally with the victim’s knowledge and sup- Chances are that you have never met the hate crime victim. port. Decide realistically the commitment that you and your You may feel awkward in contacting a stranger. Further, if volunteers can give. You should have a clear idea of the scope the hate crime victim has been reported in the newspaper, of assistance you can offer the victim before you get in contact you may even view the victim as having a special status that with him or her. Expect that you will likely make changes to places a greater barrier between you and the person. your original plan after you speak to the victim. Keep in mind that the victim is a person like yourself who was Communicate With The Victim Directly carrying on an ordinary life until this tragedy befell him or her. If possible, try to arrange for a face-to-face meeting with If possible, establish a relationship with the victim directly the victim and/or the victim’s family if the victim is too injured and early. You may not be able to see the victim if the victim to talk. has serious physical or emotional injuries. Or, the victim may be a minor. Generally, however, you are representing the Contact any sources close to the victim whom you know in the victim’s interests. While well meaning, family and friends community or have been named in the media, such as a family who purport to speak for the victim may not actually repre- friend, religious advisor, affi liate from a community organiza- sent accurately the victim’s opinions, positions or desires. tion to which the victim belongs or a work colleague. Ask these Also, they may disagree among themselves. Remember that sources to introduce you if you feel that this would be more all interactions with the victim and/or his family should be appropriate for you and the victim than a cold call. Be prepared carried out with sensitivity. If you fi nd that it is not possible to name your affi liation with a coalition and the resources you to talk to the victim directly, then do not press to talk to the can offer. If you are at the stage where you are working with victim further. Instead, work with the people around the vic- a small group, then fi nd other groups with whom to work to tim who are willing to exchange communications between minimize the number of contacts being made to the victim and the victim and you or whomever the victim entrusts to work his/her family. with you on his/her behalf.

continued on next page

23 Responding to Hate Crimes: A Community Action Guide

How To Work With The Victim, continued

Communicate As Needed Consider the victim when the coalition makes decisions. You Communicate with the victim as often as is needed to ensure that the may encounter a sensitive situation when the coalition will victim has trust in you as the coalition representative and supports the want to publicize the hate crime to raise community awareness coalition’s work. You have to weigh a balance between ensuring that or to pressure elected offi cials to act while the victim will not communications reach the victim so that the victim is informed, espe- welcome the media attention. The best approach is honest and cially if the coalition purports to be speaking or acting out because of open communication with the victim. You don’t want the victim the hate crime involving the victim, and respecting the victim’s privacy. to feel exploited.

Supporters of the creation of a new department at Pomona College painted a public wall with “Asian American studies.” Overnight, the sign was painted over with the message, “Asian Americans die now. Photo courtesy of the Asian American Resource Center, Pomona College.

• Advise the hate crime victim that s/he has a short period of time if s/he changes the right not to fi le a police report. But his or her mind. Ensure that the victim is you can also explain the benefi ts of fi ling treated with compassion and respect. a police report (i.e., future prosecution of the attacker, eligibility for emergency care and medical benefi ts, documenta- Legal Referral tion for offi cial tracking and community After a hate crime has occurred, the victim advocacy). may or may not want to retain a private at- • Know that a hospital or medical center torney. The following is a brief explanation cannot refuse treatment, regardless of of the role of lawyers in criminal and civil whether or not the victim has insurance. courts to help you understand the choices ? ? did you know? • Advise the hate crime victim that s/he that the victim faces. The main differences ? can ask questions during the examina- between the criminal court and civil courts are the party who presses charges and the No U.S. medical institution may tion, possibly have someone s/he knows nature of the offenses. In criminal cases, question patients about their present during the examination, or refuse immigration status except in examination and treatment. the state fi les charges against offenders for committing specifi c offenses (e.g., assault). Arizona. But even in Arizona, • Record all information regarding the If found guilty, offenders face sentences under Proposition 200, only victim’s medical treatment, including private doctors—not medical that may include jail time, monetary fi nes, the names of nurses, physicians, residents hospitals treating emergen- community service, or other punishment. In and medical personnel with whom the cies—may ask a patient for proof civil cases, a private party fi les a complaint victim came into contact. of immigration status. against another party for injuries that the • Advise the hate crime victim that s/he can private party alleges. If found guilty, the choose not to authorize the hospital to other party generally owes the private party turn over the evidence to the police. But monetary compensation. you can also explain that s/he can autho- rize the hospital to keep the evidence for

24 Victim Support

Resource: Formal Victim Assistance Programs

Who Staffs The Program? Where Can I Find Them?** Victim Assistance Programs can be staffed by paid employees 1. Local law enforcement agency. Ask the police offi cer or volunteers. They may be certifi ed, which means they must who comes to the scene whether his or her agency has invest a certain number of hours in training to meet board a victim assistance program. You can either ask the standards. police offi cer to contact a representative or contact one directly. What Do They Do? 2. Local prosecutor’s offi ce. The victim assistance program Victim assistance programs may vary from program to program, representative will work with the victim(s) if the offend- so ask what type of services are provided. The following er is arrested and while the case is being prosecuted. services comprise a model victim assistance program*: 3. State governments: The Offi ce for Victims of Crime, Department of Justice, has on its website a printer- • Information and explanation about the criminal justice friendly list of state administrators of victim assistance system and its procedures. programs or a geographic map where an user can click • Assurance that the rights of all victims are being met. on a state at www.ojp.usdoj.gov/ovc/help/links.htm. • Notifi cation of the court schedule and the status of each Or call (202) 307-5983. case. • Orientation to courtroom procedures and setting. 4. Departments of correction and many departments of • Accompaniment to court during and after the trial or plea, parole and probation. The victims assistance program can or for post-sentencing hearings. answer the victim’s questions regarding the offender’s • Moral and emotional support before, during, and after the punishment, including the offender’s release date from trial or plea, or for post-sentencing hearings. jail or prison or if the length and conditions of the • Assistance to eligible victim in preparing Victim Compen- probation if the offender is on probation. sation forms and processing with the Division of Victim's 5. Community-based victims advocates. Assistance. National Organization for Victim Assistance • Assistance to victims in preparing and obtaining an Order Offers victims phone numbers and websites of agencies of Protection (a court order protecting the affected or that work with victims and crisis response, state crime injured party by prohibiting or restricting another party victim assistance programs, state victim coalitions, from engaging in acts, attempts or threats to a family, federal agencies, and recommended resources. household member or a child, or from acts of stalking). Also explains how to get help after victimization. • Property recovery assistance for items being held as 1 (800) 879-6682 evidence by the police. www.trynova.org • Employment intervention to explain time missed from work due to any court appearances. National Center for Victims of Crime • Referrals to social service agencies, counselors, or others Offers victims help, information about victims’ options, who can assist with emergency needs or personal and referrals to local services anywhere in the country. problems. Publishes a series of GET HELP bulletins categorized by • Assistance with any of the victim's problems or anxieties various topics. Also provides attorney referrals. resulting from the crime. 1 (800) FYI-CALL (394-2255) • Counseling referrals to help victims cope with the TTY line: 1-800-211-7996 aftermath of a crime. www.ncvc.org • Assistance in completing an Impact Statement (a form that Victim Assistance Online allows the victim to document the losses so that the victim Offers international resources, including an online U.S. may receive restitution). directory of victim assistance programs *Source: South Carolina Victim Assistance Network. www.vaonline.org/vsu_us.html

25 Responding to Hate Crimes: A Community Action Guide

What Is The Legal Process After A the victim, you can monitor the case to ensure Hate Crime Occurs? that the victim is receiving information about the case proceedings and the offender’s When a crime has been committed, the status. As discussed earlier in this manual, the victim is the person who suffered the direct victim is entitled to certain rights. injury. But in the eyes of the criminal justice ? system, the state (representing society) is the ? did you know? victim. As a result, the named plaintiff in a Does A Victim Require A ? court case is the state, not the victim. Because Private Attorney? Victims’ Rights the state is the plaintiff, a prosecutor who is No, the victim is not required to retain his Since the 1980s, victim advocates a government employee tries the defendant or her own private attorney. The victim have been lobbying for a set for violations of law. Depending on your may want to consider retaining a private of principles regarding victim community’s location, the prosecutor may be attorney to monitor the criminal case. During rights. Generally, victims today called the district attorney, the state attorney, the criminal case, the private attorney can have the following rights, or the solicitor general. The prosecutor among others: explain the legal proceedings (a victim considers the victim’s interest, but works • To consult with the prosecutor advocate may or may not be available to • To receive notice about all primarily for the state’s best interest. provide this service to the victim) and advise the victim on whether to pursue a civil legal proceedings The prosecutor decides whether to fi le charges • To know if the suspect is on case. In a civil case, the victim is seeking to against the defendant. If the prosecutor fi les bail, released, or escaped hold the defendant liable to the victim for charges, then the defendant has the choice to from prison the victim’s injuries and to collect monetary plead guilty, not guilty, or no contest. If the • To receive restitution, or compensation. Also, the victim can choose defendant pleads not guilty and the case goes money compensation that to sue third parties (e.g., property owners) to trial, the prosecutor must prove “beyond a the judge orders for failing to provide adequate security reasonable doubt” that the defendant commit- • To be heard at public hear- where the crime took place. ings, i.e., give victim impact ted the crime. If the defendant pleads guilty statements or no contest, which occurs in the majority of the If the victim wants to pursue a civil suit, • To be reasonably protected cases, then the case may not go to trial. The then the victim should hire his or her own from the accused prosecutor weighs the evidence and evaluates attorney as soon as possible because there • To be treated with fairness the potential sentence. The prosecutor may may be a fi ling deadline. and respect for the victim’s enter into a plea agreement, which dismisses dignity and privacy or reduces the charges against the defendant or • To be informed of these Where Can The Victim Find makes favorable recommendations to the judge rights An Attorney? at sentencing. In the criminal justice system, the outcome is a ruling of guilt or innocence. Contact the National Crime Victim Bar For more information, see www. Association, based in Washington, D.C. at 1 trynova.org/victimrights/ by the (800) FYI-CALL or [email protected] to National Association for Victims Can The Victim Consult With The fi nd an attorney. NCVBA also offers advice Assistance. Prosecutor? on fi nding, selecting, and working with Yes, the victim can confer with the prosecutor an attorney at its website, www.ncvc.org. before trial and before the jury is selected. NCVBA not only is a resource for victims, But ultimately the prosecutor makes all the but also for attorneys and victim advocates. decisions.

Because the victim is not a direct party in a What Does A Private Attorney Cost? criminal case, the victim may feel a loss of Civil lawsuits can be costly. Generally, control. As a community advocate, you can attorneys charge a contingency fee, or an provide support to the victim during the trial agreed-upon percentage of any monetary experience. To return a sense of control to award to the victim. The attorneys collect

26 Victim Support

the fee once a settlement or judgment has • Legal aid offi ces: Funded either by public been made. The fees, however, may not or private funds, these offi ces employ include incidental costs such as fi ling, staff lawyers to provide legal help to low- deposition, and service of process fees. income clients, www.lsc.gov/fundprog. htm. What If The Victim Cannot Afford A • National Asian Pacifi c American Bar Private Attorney? Association (Washington, D.C.): A resource professional association, NAPABA does If the victim is low-income, the victim may If the prosecutor or victim’s not offer direct legal services; however, be able to fi nd free (pro bono) or discounted attorney is not familiar with it has 47 chapters across the nation legal representation from the following hate crimes, you may want to resources providing direct services: representing 40,000 lawyers who may refer them to: be able to assist in fi nding a pro bono • Asian American Legal Defense and lawyer, www.napaba.org/napaba/show- A Local Prosecutor’s Guide for Education Fund (New York, NY): The page.asp?code=home, (202) 775-9555. Responding to Hate Crimes. fi rst legal organization serving APAs on The American Prosecutors • Pro bono law websites: See www. Research Institute (APRI) the East Coast, AALDEF offers free legal megalaw.com/top/probono.php for pro www.ndaa-apri.org/ assistance to hate crime victims, www. bono resources. publications/apri/hate_crimes. aaldef.org, (212) 966-5932. • Sikh American Legal Defense and html (free download) • (703) 549-9222 Asian Pacifi c American Legal Resource Education Fund (Washington, D.C.): Center (Washington, D.C.): A nonprofi t A national nonprofi t that offers a legal A Prosecutor’s Guide organization serving the local community, assistance line, attorney referrals and free to Hate Crime APALRC offers lawyer referrals through legal assistance, www.saldef.org, (202) J. O’Malley a hotline staffed by bilingual volunteers 393-2700. Criminal Prosecutions in several Asian languages, www.charity- Cook’s County State Attorney’s advantage.com/apalrc/Home.asp, (202) • State and local bar association: American Offi ce 393-3572. Bar Association provides pro bono legal 2650 S. California, Chicago, IL, assistance referrals. Go to the ABA website, 60608 • Asian Pacifi c American Legal Center and click on anywhere on the map www.statesattorney.org (Los Angeles, CA): The largest nonprofi t located at www.abanet.org/legalservices/ (773) 869-2720 organization serving Asian Pacifi c fi ndlegalhelp/home.cfm, or call 1 (800) Representing Victims of Crime Americans in Southern California, 285.2221. State or local bar associations, APALC staffs a hate crime unit to respond Bias: A Manual for Attorneys found at www.resourcesforattorneys. Chicago Lawyers’ Committee for to hate crimes, www.apalc.org, (213) com/barassociations.html, may also be Civil Rights Under Law, Inc. 977-7500. able to refer you to a pro bono lawyer. Project to Combat Bias Violence • (San Francisco, CA): Contact Betsy Shuman- Asian Law Caucus • Southern Poverty Law Center (Montgomery, Moore, Director, bshuman- The oldest legal and civil rights nonprofi t AL): A nonprofi t well known for its [email protected] organization serving APAS, ALC offers work against hate crimes, SPLC takes on www.clccrul.org/ direct legal assistance to hate crime legal cases against hate groups and also victims, , (312) 630-9744 www.asianlawcaucus.org some immigration rights cases, www. (415) 896-1701. splcenter.org/legal/agenda.jsp, (334) • Chicago Lawyers’ Committee for Civil 956-8200. Rights Under Law, Inc.’s Project to Combat Bias Violence (Chicago, IL): Offers free legal representation, www.clccrul.org, (312) 630-9744.

27 Responding to Hate Crimes: A Community Action Guide

Resource: Organizations Serving Or Advocating On Behalf Of Immigrants

Particularly after September 11, immigration laws have changed South Asian Network: A diverse organization in Southern and become more complex. Immigrants who face discrimination— California that engages in community organizing, community hate crimes, racial profi ling, workplace bias—and who lack legal outreach and education, direct services and policy advocacy status may be reluctant to come forward to law enforcement for around issues of health, violence, hate crimes, immigration, fear of detention and deportation. Consult an attorney. Direct consumer protection, among others. www.southasiannetwork. the attorney to the following resource list of organizations that org, (562) 403-0488. work to protect immigrants’ rights in the legal and policy arena. Advocacy Work Direct Services American Civil Liberties Union. An advocate for legal rights on American Immigration Lawyers Association. A national bar behalf of immigrant, refugees, and asylees in issues related association of more than 7,200 attorneys and law professors to detention, discrimination, judicial review/court access, and who practice and teach immigration law. AILA member attorneys secret evidence. Look up a local chapter at www.aclu.org. represent tens of thousands of families who have applied for permanent residence for their spouses, children, and other Center for Human Rights & Constitutional Law. A non-profi t, close relatives to lawfully enter and reside in the United States, public interest legal foundation dedicated to furthering and www.aila.org, (202) 216-2400. protecting the civil, constitutional, and human rights of im- migrants, refugees, indigenous peoples, children, and the poor. Hate Free Zone Washington. Formed as an immediate response Created an immigration litigation fund in 2005 to encourage to hate crimes and discrimination from individuals and govern- attorneys to pursue remedies in court for immigrants, www. ment policies targeting Arabs, Muslims, South Asians, and centerforhumanrights.org, (213) 388-8693. other communities following September 11, 2001. Engages in direct services, political advocacy, education and training, and Center for New Community. Through their Building Democracy community mobilization, www.hatefreezone.org, (206) 723-2203. Initiative, CNC counters racism and other forms of bigotry Also staffs a hotline to receive hate crime reports at 1 (866) through strategic research, community organizing, education and 439-6631. training. CNC monitors anti-immigrant activity, hate crimes, and white nationalism, posting reports on a web-based U.S. map Immigrant Justice Project. An initiative launched by the Southern where you can click on areas to learn about local hate activity. Poverty Law Center to protect rights of immigrant workers in Also, they produced parent guides on white supremacist music the Southeastern states. Uses litigation and public education to targeting youth, www.newcomm.org, (708) 848-0319. address abuses against migrant workers. Illinois Coalition for Immigrant and Refugee Rights. Educates New York Association for New Americans. A resettlement and organizes immigrant and refugee communities to assert agency that offers information for immigrants and refugees, their rights; promotes citizenship and civic participation; monitors immigration policy updates, answers to legal questions, and and analyzes and advocates on immigrant issues, www.icirr. services for employers. Consultations are available at Immigration org, (312) 332-7360. Legal Clinics offered at seven sites throughout Manhattan, Bronx, Brooklyn, and Queens. Fees are based on individual or Leadership Conference on Civil Rights. A civil rights coalition family income. Services can be provided in English, Russian, with 180 member organizations, LCCR is a powerhouse advocacy Spanish, Chinese, Haitian -Creole, French, and other languages, force in Washington, D.C. on several issues, including immigration. www.nyana.org, (212) 898-4180. See LCCR’s website for news, resources, and advocacy materials, www.civilrights.org, (202) 466-3311. continued on next page

28 Victim Support

Organizations Serving Or Advocating On Behalf Of Immigrants, continued

National Council of Asian Pacifi c Americans. A coalition of over immigrant and refugee policy in the United States. Publisher of 20 APA organizations, including the Asian American Justice the award-winning BRIDGE: Building a Race and Immigration Center, www.advancingequality.org, (202) 296-2300, Japanese Dialogue in the Global Economy, A Popular Education Resource American Citizens League, www.jacl.org, (415) 921-5225, and the for Immigrant and Refugee Community Organizers and a Organization of Chinese Americans, www.ocanatl.org, (202) 223- report on Anti-Immigrant Racism, among other publications, 5500, that engage in policy advocacy around immigrant rights www.nnirr.org, (510) 465-1984. and immigration reform. http://www.ncapaonline.org/. The National Immigration Law Center. NILC staff specialize in New Immigrant Community Empowerment. A grassroots non- immigration law, and the employment and public benefi ts profi t that works with new immigrant communities toward self rights of immigrants. NILC conducts policy analysis and impact empowerment and publicizes the signifi cant contributions they litigation and provides publications, technical advice, and make to American society. They created a Stop the Hate Reward trainings to a broad constituency of legal aid agencies, com- Fund along with a New York City council member offering munity groups, and pro bono attorneys, www.nilc.org, (213) $500 as a reward to persons with information that leads to the 639-3900, Los Angeles National headquarters; (202) 216-0261, arrest and conviction of criminals responsible for committing Washington, D.C. offi ce; (510) 663-8282, Oakland offi ce. bias-related hate crimes in Queens, NY. Also, NICE speaks out publicly against hate crimes and participates in community Rights Working Group. A coalition of civil rights, civil liberties, anti-hate crime events, www.nynice.org, (718) 205-8796. human rights, and immigrant rights advocates who seek to de- velop a coordinated response to policies and attitudes leading National Network for Immigration and Refugee Rights. A to the deterioration of civil and human rights in the aftermath national organization composed of local coalitions and of 9/11, www.rightsworkinggroup.org, (202) 296-2300 x 119. immigrant, refugee, community, religious, civil rights, and labor organizations and activists. Works to promote fair Source: National Lawyers Guild through the Physicians for Human Rights

Monetary Compensation of dollars in funds to all U.S. states and territories, including Northern Mariana Victims and their family members will incur Islands, Guam, and American Samoa, from unreimbursed, out-of-pocket expenses as a The Crime Victims Fund (“the Fund”), result of the crime. Costs include medical established by the Victims of Crime Act of fees, lost wages, property replacement, and 1984. The Fund is a major funding source attorney fees. As a community member, you for two types of state programs – 1) state can offer to help the victim by assessing the crime victim compensation programs, which costs and fi nding available resources to defray gives funds directly to victims, and 2) state the fi nancial burden. Use the checklist titled victim assistance funds, which provides “Paying the Financial Costs of Crime.” grants to third-party victim service providers. The following are sources where victims of any crime may seek compensation: State Crime Victim Compensation Programs State Crime Victim Compensation Pro- State Crime Victim Compensation Boards grams or State Victim Assistance Funds (“compensation program”) reimburses The Offi ce for Victims of Crime, U.S. victims who are eligible and successfully Department of Justice, distributes millions apply for such costs as:

29 Responding to Hate Crimes: A Community Action Guide

• Medical expenses • Mental health counseling resource • Lost wages, and Finding A Victim • Funeral costs Assistance Provider The compensation program will offer aid National Organization for Victim Assistance only to the extent that the victim’s insurance Offers victims phone numbers does not fully cover the costs. If the victim and websites of agencies that is deceased, surviving family members may work with victims and crisis be eligible for benefi ts. Be aware that the response, state crime victim typical compensation program requires victims Vandals spray painted a swastika on a billboard for an assistance programs, state victim to report the crime to law enforcement within Asian American political candidate. Photo courtesy of Asian Pacifi c American Legal Center (APALC). coalitions, federal agencies, and three days and to fi le the compensation claim recommended resources. Also within two years. Also, the victims likely explains how to get help after will be required to fully cooperate with the victimization. investigation or prosecution to be eligible. to the victim. Restitution is a means to 1 (800) 879-6682 Contact the state administrator for an compensate the victim for injuries arising www.trynova.org application, and look for victim eligibility out of the crime, such as medical expenses National Center for Victims requirements and deadlines. or property damage. While victim advocates of Crime have made inroads to securing restitution Offers victims help, information for victims as a right (since 1996, federal about victims’ options, and State Victim Assistance Funds law provides for mandatory restitution), referrals to local services any- States receive federal funds to grant to restitution has its limitations, which you can where in the country. Publishes third party victim service providers, such a series of GET HELP bulletins as community organizations, clinics, law prepare the victim to confront. Restitution categorized by various topics. enforcement and prosecutor’s victim will not completely make the victim Also provides attorney referrals. assistance programs, hospitals, social service “whole” again. The dollar amount may be 1 (800) FYI-CALL (394-2255) agencies, domestic violence shelters, rape limited. The coverage may be limited to TTY line: 1-800-211-7996 crisis centers, and child abuse programs. certain costs. They may cover attorney fees www.ncvc.org Check with your state victim assistance or compensation for emotional pain and program to fi nd out where the victim can suffering. The guilty party may not have receive services that will assist with defraying fi nancial means to pay the restitution. The using the costs that the victim would otherwise bear courts may not be able to enforce payment. internet on his or her own. Such services Finding State Crime Victim may include: Liability Award – Civil Court Compensation Programs Or In civil court, the victim brings a lawsuit • Crisis intervention State Victim Assistance Funds against the defendant for injuries arising out • Mental health counseling of the crime. The victim may also sue third Offi ce for Victims of Crimes, U.S. parties, such as the owners of the premises Department of Justice website • Emergency shelter where the crime took place for insuffi cient lists state administrators for • Victim advocacy both state programs at www. security, or the parents of a minor if the ojp.usdoj.gov/ovc/help/links. • Emergency transportation defendant is under 18 years old. If the victim htm. (202) 307-5983. wins, then the victim can be awarded Restitution – Criminal Court monetary damages. National Association of Crime In criminal court, the judge likely will order Victim Compensation Board a defendant found guilty to pay restitution lists all 50 states compensation boards at www.nacvcb.org/ statelinks.html. (703) 780-3200.

30 Victim Support

Checklist: Paying The Financial Costs Of The Hate Crime

List The Costs Assess Resources ❑ Medical expenses ❑ Medical insurance ? ? did you know? ❑ Physical rehabilitation ❑ Medicare ? ❑ Mental health counseling ❑ Workers compensation Some Asian Pacifi c Americans ❑ Lost wages ❑ Disability insurance are discouraged from accessing ❑ Spouse’s lost wages (or loss of support ❑ Property insurance mental health services because by third parties who take care of victim) ❑ State crime victim compensation boards of prevalent ideas within their ❑ Property replacement – Victim may be required to report crime to ethnic community. ❑ Transportation expenses to attend police within 3 days Some Chinese Americans inter- court hearings – Victim may need to fi le claim for pret mental illness as punish- ❑ Attorney fees compensation within 2 years ment for wrongdoing by them- ❑ Relocation expenses if the victims have ❑ State victim assistance-funded programs selves, family, or ancestors. to or choose to move ❑ Criminal court-ordered restitution ❑ Funeral expenses ❑ Civil court money awards Some Cambodian Americans blame mental health problems on the affl icted person, who is Mental Health Mental health professionals are trained to seen as haunted by evil spirits. help hate crime victims regain a healthy and Some Japanese Americans are Counseling Services normal outlook and can assist the victims’ so concerned about privacy that Hate crime victims experience complex families relieve the stresses—mental, physical, they fail to show up for treat- emotions. Unlike other crime victims, hate and fi nancial—that follow the crimes. You ment for fear of being seen. crime victims are not chosen at random but may want to ask hate crime victims if they Some Korean Americans readily are specifi cally targeted for who they are. want to receive counseling. However, they use medications to try to self- Thus, their emotional and psychological state may be reluctant to seek mental health medicate or treat themselves. services. In general, Asian Pacifi c Americans tends to be more fragile and their recovery Some South Asian Americans use mental health services at a lower rate time is frequently longer than that of other view mental health issues as a crime victims. than other communities. Possible reasons private matter to be kept within include: (1) stigma surrounding mental the family or the community. Hate crime victims likely will experience health issues; (2) belief that hate crime Seeking mental health services profound feelings of powerlessness, sadness, is not a mental health issue; (3) limited may negatively refl ect on the and isolation. Also, they may feel fearful for English profi ciency; (4) lack of culturally patient as crazy or weak. themselves and their family, and they may competent service or good pairing between take a long time to resume normal routines, Some Vietnamese Americans the professional and the victim; (5) poverty; similarly are concerned about such as simply taking a walk without fear. and (6) poor health. privacy such that they use alter- They also may be angry or in denial. As a nate or P.O. box addresses. community member, it is important to be Hate crime victims will seek help in their own time and in their own way. Hate crime Sources: Asian Community Mental Health sensitive to the emotional and psychological Services and South Asian Network. state of the hate crime victims and to direct victims may fi nd it supportive to speak with them toward proper resources. They may family and community elders, religious heal more quickly when appropriate support clergy, and other community healers prior and resources are made available to them to (or instead of) seeking out mental health soon after the incident. professionals. The best thing you can do is

31 Responding to Hate Crimes: A Community Action Guide

be supportive and provide hate crime victims Victim Advocacy with a list of resources. (See the inset box). After a crime, the victim is vulnerable. To Hate crime victims may also request a make him or her “whole” again, the victim referral from primary care physicians, will need a range of support—medical, Employee Assistance Programs (EAP), or, counseling, legal, fi nancial, and importantly, resource in the case of college students, campus personal and community support. mental health providers. Crime victim Getting Help: support groups provide further opportunity As an individual volunteer, you can either Mental Health Services for hate crime victims to discuss and process offer the direct services to the victim as a victim assistance provider if you have training Asian American Psychological their experiences. or special skills, or lobby for assistance on Association Having addressed the issue of professional the victim’s behalf as a . Washington, D.C. victim advocate www.aapaonline.org treatment, you can also help prevent hate Community advocates (See “The Com- Email [email protected] for men- crime victims from experiencing the sec- munity Advocate’s Role” under Chapter 3) tal health service referrals ondary effects of hate crimes. Secondary often engage in some victim advocacy. effects occur when hate crime victims lack Asian Community Mental support from their regular support system— By providing the victim direct assistance, Health Services family, friends, community members, health you are playing the role of a victim assistance www.acmhs.org/index.htm provider. In other words, you are the crisis (510) 451-6729 care establishments, and/or the legal system. More specifi cally, the people within these intervention specialist, social service agency (Alameda County); worker, lawyer, mental health counselor, (510) 970-9751 groups may not believe the victim who or a media spokesperson offering services, (Contra Costa County) reports a crime or they may even blame the victim, not help the victim, refuse to treat knowledge and resources to the victim Asian Counseling and the crime as egregious in nature, or fail to through direct interaction. This larger Referral Service Chapter 2 titled “Victim Assistance” largely Seattle, WA treat the victim with dignity, compassion, and respect. has been devoted to explaining the different www.acrs.org types of victim assistance. 206-695-7600 According to the National Center for National Asian American Crime Victims, www.ncvc.org, hate crime By working or lobbying on the victim’s Pacifi c Islander Mental Health victims often feel that “no one seems to behalf to procure the victim assistance, you Association care.” You can dispel that notion by organiz- are playing the role of a victim advocate. As a Denver, CO ing a community expression of support for victim advocate, you may need to petition Website posts a national direc- hate crime victims, ranging from a simple for changes in the system to benefi t the tory of APA agencies providing gesture with a card and fl owers to assisting the victim. To illustrate, you may lobby your mental health services. victims as they maneuver through physical local law enforcement agency to establish a www.naapimha.org/directory/ victim assistance program where one does index.html and mental health treatment and legal and fi nancial assistance. not already exist. You may serve as a pro 303-298-7910. bono attorney to the victim during the New York Coalition for Asian criminal court proceedings to ensure that American Mental Health Directory the victim’s rights are honored. Further, you New York, NY may lobby the state compensation board for www.asianmentalhealth.org/ an exemption to the rules so that the victim aabhsd.asp can apply for health care reimbursements, (718) 221-7316 even though the victim failed to report the crime to police within the time deadline. Or, you may testify before the city council to earmark funds for social service agencies to hire certifi ed bilingual translators.

32 Victim Support

“No Racism.” Sometimes the simplest slogans are the most effective at rallies. Photo © Corky Lee.

Knowing the nuances between the roles is Media Relations important for two reasons. First, community advocates may over-commit themselves by Crime is a staple in media coverage. Crime trying to attend to the victim’s needs and to beat reporters are assigned to monitor do the community work. Certain profes- police activity for crimes to report to the sionals are trained to assist victims, so the community. Consequently, the victim and community advocate may want to defer the you as the advocate should learn to be victim assistance to those trained providers. aware of the power and value of media Also, community advocates often engage (and its disadvantages), even if dealing with in some victim advocacy within the larger the media in the aftermath of a hate crime advocacy work that they do on behalf of seems untimely and unwelcome. the community. After all, the hate crime that occurs to a victim is often the trigger for Advantages Of Media Coverage the community advocacy. Fully engaging in The potential benefi ts of media coverage victim assistance or victim advocacy, however, include the following: can be full-time work, so community advo- cates who want to focus on broader issues • Brings the offender into custody should understand the time involvement • Generates community support and desired goals as they allocate resources. • Raises public awareness Second, community advocates may have interests that confl ict with the victim’s (e.g., • Informs other victims that they are not community versus individual-level concerns, alone short-term versus long-term strategy, raising • Encourages other victims in the same public awareness versus individual privacy) crime to step forward, strengthening the so consciously choosing to play a commu- legal case nity advocate role as opposed to a victim • Pressures law enforcement to more assistance provider or victim advocate, and vigorously investigate the case communicating that role to others will reduce confusion and misunderstood expectations about “loyalty.”

33 Responding to Hate Crimes: A Community Action Guide

Glossary: MediaSpeak ??? did you know? To Be Or Not To Be: • Talking points are itemized in bulleted form for the victim or the spokesperson to review A Media Spokesperson quickly before an interview or in preparing press materials. They are helpful to remind all If a community leader is chosen parties representing the victim to be consistent about the victim’s message or to stay on as spokesperson to represent message. the victim, there are a couple of things to keep in mind. • Cultivating reporters. As a strategy to get out the message, spokespersons may develop relationships with reporters from select media (i.e., media with a good reputation or large First, the community leader’s circulations). When the spokesperson decides to work with a reporter, then the spokes- role as spokesperson should be person may pitch a story to the reporter, or “plant a story.” The story can be “exclusive,” formally agreed upon, followed meaning that the spokesperson is offering information or access to an interviewee that by a conversation regarding will not be shared with any other reporter. Although cultivation is a process from the how the victim wants to deal spokesperson’s perspective, the reporter also evaluates the spokesperson as a “good with the media. Is the victim source,” or a source who provides accurate and timely information. willing to give interviews? Will the victim be willing to issue • Public statements are statements released to the media for inclusion in news reports. oral or written statements? If the victim is willing to engage • Media strategy involves decision making around working with the media, including but the media, what are the victim’s not limited to whether to talk to the media, when and where to talk to the media, and terms about which media the how to talk to the media (i.e., interviews, public statements, press conferences, media victim will speak with, when, events, cultivating reporters). and where? Second, the role of spokes- person requires a substantial commitment to the victim and • Pressures law enforcement to consider Competing Interests any bias motivation to classify the crime the victim’s family, so the com- All the parties involved in a crime case may munity leader should assess if as a hate crime have different interests regarding media s/he should assume that role • Expedites public benefi ts to the victim coverage. in addition to other community organizing responsibilities, or Disadvantages To Media Coverage The victim may not want the media coverage whether the role should be at all. Or, the victim may want limited media delegated to someone else. The potential drawbacks from the victim’s coverage in order to press law enforcement perspective are the following: Third, the spokesperson must into investigating the case where it is stalled honor the victim’s wishes • Intrudes on victim’s privacy or the prosecutor to consider enhanced pen- regarding media strategy and alties for bias motivation. Law enforcement • Identifi es the victim publicly when the message. Therefore, the com- may not want the media coverage because victim is concerned about retaliation munity leader should assess they believe the crime is isolated and detracts any confl ict of interest will (e.g., offender belongs to hate group) from the preventive work they have done, or arise before committing to the • Raises sensitive issues that the victim because they may receive undesired pressure victim’s spokesperson role. would prefer not to have made public from elected offi cials. Elected offi cials may • Makes the victim feel exploited not want the media coverage because they are held accountable to voters for provid- • Worsens the situation when the media ing a safe and tolerant community. On the reports inaccurately other hand, community advocates may want the media coverage to raise public awareness

34 Victim Support

Checklist: Managing The Victim’s Message Through A Spokesperson

Is A Spokesperson Needed? What Will The Spokesperson Do? Use the checklist to discuss with the victim whether s/he wants The victim and the spokesperson should fully discuss in to appoint a spokesperson. advance what the spokesperson will do to represent the victim, which may include: ❑ Has the victim received news coverage? ❑ Has the media contact with the victim and the victim’s ❑ Screening media contacts. family been frequent, time consuming, and intense? – The victim has the right to talk to some media, and ❑ Has the victim been unable to attend to personal health, not others. business, and fi nances? – The victim can accept and deny interview requests. ❑ Is the victim unclear about the message s/he wants to – The victim can decide not to fully complete an interview communicate? if s/he is uncomfortable. ❑ Does the victim feel that his/her message has not been ❑ Scheduling interviews to control the time and place. effectively communicated through the media? ❑ Working with the victim on the victim’s message. ❑ Does the victim want to use the media as a strategy to – The spokesperson can monitor media coverage to garner community support for any of his/her positions ensure that the victim’s message is being conveyed the related to the handling of the case by law enforcement or way that the victim desires. the prosecutor or judge? – The spokesperson can record media interviews to ensure ❑ Does the victim want to change the nature of the media accuracy. coverage regarding his/her case? – The spokesperson can follow up with the media if the ❑ Does the victim want to send a message out to the media, victim’s message was reported inaccurately. but not have that message directly attributed to the victim? ❑ Writing talking points to capture the victim’s main messages. ❑ Issuing public statements on behalf of the victim. If the answer is yes to several these questions, the victim may ❑ Consulting with prosecutors or private attorneys on the need a spokesperson. statements before release to protect legal strategy. ❑ Cultivating reporters. ❑ Creating a media strategy.

(particularly where the general public does Communicating The Victim’s not believe that APAs suffer discrimination) Message Through A Spokesperson and lobby for stronger hate crime prevention While the victim may not able to control measures. The media has an interest in the media, the victim can take steps to have reporting the story because of the human his/her voice heard. interest angle or news value of the hate crime. Toward this end, the victim may appoint a spokesperson to speak on his/her behalf Keep in mind that these various competing with the press. The victim may select a family interests will redirect and shape the news member, attorney, friend, or even a commu- story in ways that no single party can fully nity or religious leader. The benefi t of having control. a media spokesperson is that the victim does not have to deal directly with the media, and the spokesperson will have experience with dealing with the media so as to effectively communicates the victim’s thoughts.

35 Responding to Hate Crimes: A Community Action Guide

Chapter Two – Victim Support Points To Remember

• Victims have critical needs that relate to physical health, rehabilitation, legal repre- sentation, fi nancial costs, mental health, personal support, and media representation.

• Victim assistance providers can be trained professionals or volunteers who tend to the victim’s needs. Through victim assistance programs, such providers offer a range of services.

• Victims do not have to hire attorneys when they are targeted for a hate crime, although they are free to do so. Prosecutors who serve the state’s interests prosecute criminal court cases. Victims may receive money compensation through court- ordered restitution.

• Victims have certain rights even though they do not make decisions over their case during the criminal court proceedings.

• Victims may want to retain private attorneys to advise them during criminal court proceedings and/or to represent them in a civil lawsuit. In civil court, victims can seek monetary compensation directly from the offenders.

• Victims incur fi nancial costs that may be defrayed by state compensation or services provided through state-sponsored or private victim assistance programs.

• Hate crime victims often feel vulnerable and isolated. They can regain a sense of well-being more quickly if they receive crisis intervention early and personal and community support. If they do not receive support, they may suffer secondary effects from the crime.

• Victims who could benefi t from mental health counseling may not receive treatment due to limited English profi ciency, lack of understanding how to access treatment, or social stigma.

• Community members should decide in advance whether to focus their time and resources on community-wide approaches to addressing hate crimes (community advocacy) or tend to the victim’s needs (by offering victim assistance or engaging in victim advocacy). While the roles are not mutually exclusive, the choices have different focuses and relay different expectations that may run into confl ict. Likewise, community members will face the same decision regarding taking on a media spokesperson role.

• Victims may want to consider appointing a third party as a spokesperson to interface with the media.

36 3community response Overview When a hate crime occurs, not only the victim is affected, but also the community to which the victim belongs. A hate crime should not be viewed or treated as a matter affecting a single victim. Hate crimes are not random, isolated acts. They have purpose: to send a clear message to members of a targeted group that they are not welcome in the community. Hate crimes challenge the community to hold true to its values of diversity and inclusion.

Hate crimes can occur in any community. How a community responds, however, may vary greatly. Communities have an opportunity Photo courtesy of Kristine Minami. to “take back” their town or to surrender to hate mongers who sow inter-group tensions, • Community Advocate’s Role shatter peace, and threaten security. By simply • Getting Started speaking out publicly that they will not tolerate prejudice, communities can reset • Community Responses the equilibrium. – Holding Discussions – Raising Voices: Community Community leaders play a critical role. They Expression on Hate Crimes can mobilize people and resources within the community to create and implement a – Calling for Justice plan of action. The community is best suited – Educating Ourselves and Our to design its own response, given that each Community community has its own character, people, – Building Bridges resources, politics, and dynamics. This chapter on “Community Response” discusses the following topics:

37 Responding to Hate Crimes: A Community Action Guide

The Role Of The community. You may fi nd that suffi cient victim advocate resources are available, Community Advocate releasing you to focus on community The role of a community advocate is very advocacy, or vice versa. similar to that of a victim advocate. Both may arise out of the advocate’s desire to right a wrong. Where a victim is involved, both advocates will be motivated to see Getting Started that justice is achieved for that victim. But Before you effect any community response, whereas the victim advocate’s focus primarily you may want to do the following prepara- is securing assistance for the victim, the tory work: community advocate’s work concentrates Verify the facts: Hate crimes stir intense around broader issues pertaining to the emotions within a community. People are community, such as: fearful and concerned. The media may not • Securing immediate personal safety of all have reported the hate crime and, even members in the community if they did, they may not have answered all everyone’s questions. News traveling • Gathering and disseminating accurate through unoffi cial means may not be reliable, news on the hate crime thereby exacerbating tensions. Check out • Giving the community a place to have the following facts by getting as close to a discussion and express its members’ the source as you can. Find a party in direct views publicly contact with the victim—family, friend, • Ensuring that justice is achieved, not only religious advisor, community leader—or for the victim but for the community talk to the investigating offi cer.

• Educating the community on hate • Confi rm the facts of the story you crimes received—who, what, when, where, • Educating the public on the history of why, and how. discrimination directed at the targeted • Find out the status of the victim’s group. physical and mental health. What are the • Mitigating the negative effects on inter- victim’s needs? group relations • Has a suspect been arrested? Was the • Partnering with law enforcement to suspect acting alone or in a group? Was a prevent hate crimes hate group involved? • Building relationships with partner • Does the community have cause for organizations and agencies concern about its safety? • Organizing community efforts to respond • Are the police reporting the crime as to and prevent hate crimes bias-motivated? If not, do the facts sug- • Lobbying for stronger hate crime laws to gest to you that a hate crime has occurred? deter hate crimes and to punish offenders (Review the elements of a hate crime.) Both advocate roles are important. They are • Have previous hate crimes occurred diffi cult to straddle at the same time, however. recently? If you have limited resources and time, take • Is there basis for concern about potential stock of the resources in your tension between communities representing the victim and the offender?

38 Community Response

• What is the status of law enforcement or Organize a meeting within two days, if prosecutor activity on the case? possible, so that the community can issue a • Is any person or agency hindering the public statement as soon as possible after the investigation, either consciously or incident. unconsciously? Run a well-organized meeting: Prepare a resource • What are the current hate crime laws at preliminary agenda. Decide on a facilitator. How to Run a Good Meeting: the local and state level? At the beginning of the meeting, the facilitator A Guide for New Leaders • What are law enforcement’s current should invite people to contribute to the agenda. Among the agenda items may be: Review this excellent guide efforts to prevent hate crimes? to running a good meeting • Who are your allies, and how can they help? • Report: Going over the story facts by the Center for Community Change. Download the guide • Open discussion: What are the perceived free at www.communitychange. issues of concern? Interests? Examples: Share accurate information: Share the facts org/resources/orgdevtools/ that you learned as quickly as you can. – Victim’s physical condition ?page=meetings or call (202) Knowledge is power. Organize a neighborhood – Neighborhood security 339-9300. meeting. Post an email on a community – Potential repercussions listserv, create a website, or post a message to a – Asserting community interest in community blog. (See web resources on email justice during the investigation and advocacy such as NetAction, which offers at trial free The Virtual Activist: A Training Course at – Lack of effective hate crime www.netaction.org/training/v-training.html.) Contact community-based organizations or prevention measures social service agencies. • Brainstorming session: How will these issues of concern or interests be addressed? Partner with a local social justice organization: What are the short-term and long-term Leverage existing resources. See if an goals? organization exists in your community that • Resource assessment: Who will volunteer already works on anti-bias initiatives. The their time? What are their skills and Southern Poverty Law Center facilitates willing levels of involvement? What are web users to fi nd a local anti-bias initiative the resources? by having the user click on its U.S. Map of Social Justice Programs. See www.tolerance. • Plan making: What is the fi nal response org/maps/social_justice/index.html. The Hate plan? How will it be implemented? Crime Network, an international cyberspace • Delegation: Who’s in charge and who is hate crimes network, offers opportunities taking volunteer assignments? for volunteers to connect to an email alert • Communication: Will people work system that notifi es subscribers when hate together by meeting, conference call, or crimes occur, sends messages of support to email? hate crime victims, and supports community efforts. See http://hate-crime.net. • Record: Have a volunteer take minutes, including the people present at the Organize a planning meeting: Recruit meeting, the decisions made, the assigned concerned members of the community to parties and task assignments, deadlines, get involved. If you were among the fi rst and the future meetings. people to advise them of the facts, it is You are ready to go! likely they will look to you to take action.

39 Responding to Hate Crimes: A Community Action Guide

Holding Discussions Recently, several different models for dis- cussion have been identifi ed. Gauge your Hate crimes create a crisis, but also an op- community’s interest, and organize a discussion portunity for people to talk about issues that model that best suits that need. are highly personal and, therefore, unlikely to be regular water-cooler conversations. Race 1. Community-wide study circles may be and ethnicity, religion, sexual orientation, helpful for people who want to carry on gender, and disability speak to people’s core the work to address hate crimes after the identities. If people are willing to talk and immediate community response. Study listen, then providing space for discussion circles are a group of people who agree to may be a good idea. People may need to meet to discuss a social or political issue express themselves and feel heard. They may in a peer-led, democratic, nonpartisan, and need a safe haven to share their personal collaborative manner. Under this model, experiences. By engaging in a discussion, community members may want to talk people may deepen their understanding about such issues as race relations. Study of people who come from different back- circles often lead to collaboration. See grounds. The overall effect may be subtle, but www.studycircles.org/pages/issues/ create positive shifts and changes in attitudes racehome.html for downloadable step- for the community overall. by-step guides on discussing race and

what will be your degree of involvement?

Community responses to hate crimes vary. The following chart lists suggested actions, categorized by levels of commitment that it would take to complete the action.

ACTIVE VERY ACTIVE ❑ Write a letter to the editor or an op-ed. ❑ Organize a discussion—a dialogue, ❑ Organize support for the victim during community study circle, town hall, etc. civil court proceedings. ❑ Contact the investigating offi cer to express concern as a community ❑ Facilitate a meeting among commu- ❑ Secure legal representation for the member about the hate crime. nity leaders, law enforcement, and victims. prosecutor’s offi ce to address victims ❑ Circulate a petition. issues (i.e., lack of translation) or to ❑ Write talking points for community representatives speaking to the media. ❑ Contact a community-based organiza- learn more information to take back to the community. tion to report the hate crime. ❑ Host a fundraiser to defray the victim’s ❑ fi nancial costs. ❑ Organize neighbors to express support Follow up with the police to ensure accurate identifi cation of the hate crime. for the victim (e.g., letters, donations). ❑ Organize cleanup of graffi ti and/or ❑ broken glass around targeted property. ❑ Agree to a media interview. Ensure that the victim receives medical care and counseling, if necessary. ❑ Volunteer as a neighborhood crime ❑ Pitch a story. ❑ Monitor the legal case. monitor. ❑ Conduct e-mail advocacy campaign, ❑ ❑ Offer to translate materials. sharing news and soliciting action. Assist the victim with applications for compensation. ❑ Run public service advisories (PSAs).

40 Community Response

organizing community action. This web both confl ict and common ground. page is particularly helpful because it posts Intergroup dialogues are often used on success stories of communities who used college campuses. Contact either of two study circles to respond to racial tensions. organizations—the National Coalition Contact the Study Circles Resource Center for Dialogue and Deliberation (NCDD) at at (860) 928-2616, www.studycircles.org, (802) 254-7341, www.thataway.org, or for staff guidance. the Public Conversations Project (PCP) at 2. Intergroup dialogues may be helpful (617) 923-1216, www.publicconversations. when the goal is to bring people from org, for a facilitator referral. two or more social identity groups that NCDD also offers a comprehensive have a history of confl ict or potential website with explanations of various confl ict (i.e., different races, religions, cutting-edge and innovative discussion sexual orientation, gender, and disabilities) models, organizations that spearhead to have a better understanding of each them, and resources. other. Intergroup dialogues are facilitated, PCP convenes, designs, and facilitates face-to-face meetings between 12–16 dialogues. They serve activists and groups people representing the different groups. (fee-based) with different viewpoints or People engage in meaningful dialogue and identities and elected offi cials, civil leaders, education over a period of time to explore and educators.

INTENSELY ACTIVE

❑ Ask schools to incorporate a ❑ Serve as a regular media source. ❑ Get certifi ed as a victim assistance curriculum that promotes diversity provider. ❑ Build and sustain coalitions. and inclusion and implements anti- ❑ Sign up as a youth mentor. bias programs. ❑ Arrange for diversity training for law enforcement, employers, youth, etc. ❑ Join a media watchdog group that ❑ Organize rallies, vigils, and other speaks out against negative and harmful events ❑ Lobby for increased funding for anti- stereotypes promoted in the media, bias initiatives. ❑ Create and sustain hate crime task by public fi gures, and through forces. ❑ Establish a community hotline or commercial products. intake program for hate crime reports, ❑ Lobby for stronger state and federal ❑ Serve on a citizen’s board with the and publish an annual regional hate hate crime laws. police. crime report. ❑ Organize press conferences. ❑ Join or establish a local human rights ❑ Volunteer with the local human rights commission. ❑ Serve as a spokesperson—for the commission, community organization, victim, the community, or both. or mayor’s advisory council to foster good intergroup relations.

41 Responding to Hate Crimes: A Community Action Guide

Roundtables are small discussions among Raising Voices: peers on a specifi c topic. They may be helpful for community leaders to meet Community Expression with law enforcement offi cers, prosecutors, On Hate Crimes and elected offi cials following a hate Communities have a voice. By speaking out crime to explore ways to work together. against a hate crime, communities affi rm If you want to engage the community among themselves that they welcome at large after a hate crime, then you may people of different backgrounds and that want to consider instead a speaker panel ? they do not tolerate bigotry. They may want ? did you know? format with a Question and Answer ? to also send a message to offenders that the forum at the end or a town hall. Have You Had A True community will not support them. Also, the Dialogue? It May Be An 3. Mediation may be in order when community may want to send a message to Effective Community Tool. community tensions fl are or even to law enforcement, prosecutors, and elected

manage disagreement among parties offi cials that they have concerns and raised “Dialogue means we sit and who are on the same side, but disagree expectations about their government’s talk with each other, especially on the response. Community Relations those with whom we may think efforts to fi ght hate crimes. Service is a federal agency under the we have the greatest differences. U.S. Department of Justice that offers However, talking together all too Crafting A “Marketing” Message often means debating, discussing free confl ict resolution services when During the discussion among community with a view to convincing the requested by state and local offi cials to other, arguing for our point of help resolve and prevent racial and ethnic members, turn the community’s goals view, examining pro’s and con’s. confl ict, violence, and civil disorders. identifi ed during the strategy sessions into In dialogue, the intention is not Trained neutral mediators are available simple messages for public consumption. to advocate but to inquire; not on a 24-hour basis at (202) 305-2935, The strategy sessions should result in more to argue but to explore; not to www.usdoj.gov/crs. measurable goals (e.g., increased number of convince but to discover.” patrol offi cers between 7 p.m. and midnight 4. Town halls are an opportunity for the in a specifi c neighborhood). The messages community to have direct contact with (Louise Diamond, Ph.D., The then can be used as a coalition tagline or elected offi cials to express their concerns Institute for Multi-Track posters at a rally. Sample messages may be: Diplomacy, www.imtd.org) or viewpoints and engage them in a Question and Answer session, according • We condemn hate crimes to Dialoguecircles, 1 (888) 761-7306, • We embrace diversity and inclusion http://dialoguecircles.com. Either organize a town hall and invite the elected offi cials • We call for [insert action] or co-sponsor the event with the offi ce Desired actions may be justice for the victim, of the elected offi cials. Invite the general a safer community, stronger hate crime laws public. • Hate groups are not welcome in our town

42 Community Response

Personal Expression: To get your message out, consider the Support For The Victim following press tools: The victim will appreciate personal ex- 1. Grant a media interview. If you are pressions of support from the community. working within a coalition, discuss with Gather cards and letters or send fl owers to the coalition members about appointing ? ? did you know? the victim. Solicit individual donations or the spokesperson(s) and agreeing on the ? consider hosting a fundraiser to assist the message(s). If the press calls, then instruct You May Recognize News victim defray medical expenses and other all volunteers to have them contact the That the Media May Not? fi nancial costs. Often, the victim’s family spokesperson(s). Draft talking points to While the media will report on or friends will set up an account where the ensure that the spokesperson(s) “stay on crimes, they may not always public can send donations. message.” Talking points are the main recognize the bias elements messages that you want to convey to that determine hate crimes. If Public Expressions: Using Media the media. They are itemized in bul- you don’t see the media inves- As A Communications Vehicle leted form for the spokesperson(s) to tigating bias where you believe review quickly before an interview or it exists, then contact them. At the very least, send out an immediate in preparing press materials. See the The media may overlook stories public statement denouncing the hate that are particularly important box within this chapter called “Resource: crime. Beyond the public condemnation to minority communities and Media Outreach” to learn about doing of hate crimes, communities may have not covered in the mainstream interviews several reasons to further engage the media, press. Particularly in the including to: 2. Issue a press statement or releases. following cases, demand that See “Sample Press Release” for writing the media serve the public’s • Raise public awareness about the hate guidelines. interest to know about the hate crime. crimes: the victim sustained 3. Write letters to the editor or an op-ed – Get accurate and timely news out to severe injuries or died, the piece. See the box within this chapter victims were very young or old, the public. Correct errors. called “Resource: Media Outreach” for a several offenders or victims – Debunk the model minority myth sample letter to the editor. were involved, multiple hate regarding APAs. 4. Pitch a story. If the reporters do not crimes occurred within a short – Educate the public about hate crimes call you for an interview, contact them time frame, a pattern of hate (outweighs the risk of copycat to persuade them to write a story. The activity has evolved, or a hate group was involved. crimes). type of stories you may want them to • Rally support for the victim (contact the cover may include news coverage of the victim in advance as a courtesy). hate crimes (to raise public awareness) • Stimulate a change or action. or human interest stories on the victim (seek permission from the victim) or the – Pressure law enforcement, prosecutors, positive community efforts that arose or elected offi cials to take hate crimes from the hate crime (to solicit public seriously. assistance). Make the pitch short. In- – Create public momentum to change troduce yourself, and your standing in laws. the community. Describe the story idea – Draw support for programs and briefl y. Be aware that the reporter has to activities to combat bias. sell the story to the reporter’s editor, so • Advance a cause (i.e., promotes inclusion demonstrate why the story idea would and understanding). appeal to that media’s audience. Offer • Promote a community event. key information, such as demographics, to grab the reporter’s interest. Invite the

43 Responding to Hate Crimes: A Community Action Guide

reporter to an event where the reporter Public Expressions: Community can conduct interviews and take Mobilization Events photographs. Be mindful that the Community events are opportunities for reporter works on deadline. people to participate in public expression. 5. Organize a press conference. Press resource: conferences can demonstrate broad Petitions. Organize a petition drive when media outreach community support. They also draw you encounter an impasse in negotiation Refer to the Grassroots Tool Kit: press. You can invite members of a coalition or lobbying. Issues that lend themselves to A Manual on Event Planning, of community-based organizations, law petitions include but are not limited to: Coalition Building and Grassroots enforcement, prosecutors, and elected increasing state hate crime laws to include Advocacy, by the Leadership offi cials to speak out. See “Checklist: coverage for victims based on sexual Conference on Civil Rights Organizing a Press Conference.” orientation, gender, and disability or (LCCR) and the Leadership supporting current federal bill proposals 6. Serve as a spokesperson. Be the “go to” Conference on Civil Rights such as the Local Law Enforcement person when the press wants to quote a Education Fund (LCCREF). Enhancement Act; calling on elected offi cials source from the community. You need to Specifi cally, see chapter 7, titled to speak out or act strongly in response to be articulate, very knowledgeable about “Visibility through Community a hate crime; urging government to earmark and Media Outreach,” for tips the coalition’s work, and preferably more funding for anti-bias initiatives; on identifying reporters and experienced with working with the requesting local law enforcement to hire or press tools such as media media. If you are new to the role, however, assign an offi cer to review and report hate advisories, letters to the editors you may want to consult advocacy crimes to the FBI; urging the government and op-eds, and preparing organizations that do work with the media. to create a hotline; and encouraging the for interviews. Download the Check the web for media advocacy kits. city to create a citizens advisory council on guide at www.civilrights. Or, contact a local chapter of the Asian org/action_center/index.html, diversity or addressing hate crimes. You can American Journalists Association, www. or call LCCR at (202) 466-3311 organize a media event when you deliver aaja.org, (415) 346-2051, which sometimes or LCCREF (202) 466-3434. the petition. sponsors media workshops for community- based organizations. Rallies. Organize a rally to invite the public 7. Serve as a regular source. If the coalition to come out and participate in a collective work around the hate crime takes an expression, to draw media attention, and to extended period of time (for example, send messages to decision makers. Advertise because of frequent news developments the rally widely. Invite speakers. Have poster regarding a trial), then consider banners. establishing a well-informed person, Candlelight vigils. Vigils are often organized if not the spokesperson(s), as a regular at night so that people can be refl ective and media source. See the box within this somber about the seriousness of hate crimes chapter called “Resource: Media Outreach” and the injuries infl icted on the victim and to learn about identifying reporters. the community. The candlelight beautifully 8. Organize a community meeting with the symbolizes hope and peace. local newspaper editorial board. Meet with the editorial board, which has Marches. Organize a march to show signifi cant infl uence on the stories covered, strength in numbers. Marches are used less and convey to them the community often than rallies, but are powerful if you interest in having hate crimes stories can recruit a wide range of people, including developed and reported in your the young and old, to fi ll the streets. community.

44 Community Response

Community Dynamics Under A Media Spotlight

Expect that involving the media will change your relationships consulted with the prosecutor or the victim’s private attorney with parties that are involved—the victim, law enforcement, to ensure that the level of the media will not negatively prosecutor, elected offi cials, and the member organizations infl uence the case for the victim? with which you are working in a coalition. Each party has an interest in how they are portrayed (or not) to a wide Messages circulation of media viewers. Human relationships are already The parties with whom you come into contact when working complex without shining the bright light of the media on them on a community response will scrutinize your media to reveal and magnify any communication gaps, strategic statements for what you say and don’t say. Prepare and miscalculations, group dynamics, and differing viewpoints, rehearse your talking points. Still, people may read between which are all bound to exist. If you are working in a coalition, the lines so place yourself in their shoes. When you talk to the coalition will want to provide a united image. Regarding the media, are you highlighting only your organization’s work any coalition representations, members should agree on when in fact the organization is working in a coalition? Are a media strategy and messages. The appointed coalition you raising concerns about safety without sharing that you spokesperson is the appropriate party to talk to the media. believe that law enforcement has implemented innovative If you are acting outside of the coalition, then take stock of the neighborhood policing in the past year? Are you pronouncing following: campus hate crime statistics that have increased without mentioning that the university created a hotline last year, Strategy And Timing which may have accounted for the increase? Have you asserted that the victim is not receiving fi nancial assistance when in Consider whether you can successfully achieve the fact, had you talked to the victim, you would have learned community’s goals without using or making full disclosures to that a social worker is preparing an application to the state the media at a particular stage. The parties you work with may compensation board? feel betrayed if you are editorializing on their actions before you have had a conversation with them or if you are openly Protocol negotiating with them through the media when all the parties have not fully worked through all the issues on the table. Be sensitive to the fact that the victim may feel exploited when Particularly when the parties are not yet acquainted, you need any third party purports to be working on his or her behalf. to build trust. Talking to the media during an early relationship Have you advised the victim of the community’s efforts? Has may not be fruitful. the victim had an opportunity to provide you feedback? Have you called the victim to give him or her a heads-up on a future The type of questions to ask yourself may be along the media interview? Likewise, be honest with the parties involved following lines: Have you had a face-to-face meeting to in the community response about when and what you are express concerns with law enforcement, prosecutors, and going to say to the media before you do so. You do not have to elected offi cials before charging that they have failed to act gain their approval, but they will respect you more if you give appropriately? Have you exhausted all informal routes to move them a “courtesy call” before the paper hits the stands. elected offi cials to issue a public condemnation? Have you

45 Responding to Hate Crimes: A Community Action Guide

Checklist: Hosting A Press Conference

Run through this checklist to make sure you have fully prepared to even raise the hate crime occurrence. The angle is the for a press conference. “hook” or the primary interest that the media may have in covering the press conferences. The angle can be linked to a ❑ Media list. Find or create a list of media to contact. Ask a news development, like a new fi nding in the investigation, community-based organization that does a lot of media a new charge in the case, or upcoming trial proceedings. Or work to share their media contact list to save time. Contact: the angle may be linked to a date or anniversary. Beyond a • Major daily newspapers hard news angle, you enter into the realm of “soft” news, • Ethnic media or the style of news that publishes more human interest • Local gazettes or feature stories. Such stories can be profi les of the victim • City magazines (although such a story may be sensitive for the victim and • Television the victim’s family), the community’s reaction (i.e., coming • Radio stations together of different groups or efforts that are new, creative, • Cable and cutting-edge), or highlights of the victim’s community • State and local wire services that are not well known (i.e., a small refugee community • College papers living in relative linguistic isolation). • Internet media • Blogs ❑ Press kit. Prepare press kits to hand out to the media at the press conference. A typical press kit is a two-pocket folder f inding the press with a label detailing a title, location, date, and organization logo. The press kit may include: • Japanese American Citizens League, which is currently • Press release updating its website, has a feature where you can • Agenda, including the moderator’s and all the speakers’ locate national and local media by zip code, individual, names, titles, affi liations, contact information, and short or organization, www.jacl.org. biographies • New California Media (NCM) is a nationwide association • Speakers’ written statements of over 700 ethnic media organizations representing • Fact sheet about the hate crime the development of a more inclusive journalism. You • Fact sheet about the coalition and its work can look up individual ethnic media by ethnic group or • List of people (e.g., victim’s family members willing to language at news.ncmonline.com/directory. be interviewed, with contact information) • Fact sheet about community demographics • OCA posts online the National Directory of Asian Pacifi c • Scanned photos available to email to the reporters after American Organizations, which permits users to locate the press conference an organization or ethnic media by name at www. ocanatl.org. ❑ Speakers. Choose a moderator. Select a representative panel to speak on behalf of the coalition, victim or representative, ❑ Talking points. Talking points are critical components of any a law enforcement offi cer, and an elected offi cial. Advise the media campaign. A useful tool to the “spokesperson,” talking moderator and the panel speakers in advance of the line-up points are a list of the major messages written in a clear and provide them with a draft agenda. and concise manner so that the spokesperson can easily refer to or memorize them. ❑ Venue. Choose a location that the press can access easily or usually is available (i.e., city hall, press club). Contact the ❑ Angle. Ideally, the press conference should take place no venue to determine fees, space capacity, restrictions, and more than a week after the hate crime has occurred, so equipment available (i.e., podium, microphones, tables, that the hate crime itself is the news. After a week, the hate chairs, and electrical outlets). crime may be stale news, and a new, different angle needed continued on next page

46 Community Response

Checklist: Hosting A Press Conference, continued

❑ Scheduling. Reserve a time between 10 a.m. and 3 p.m. so and chairs. Have one microphone per two to three people that daily reporters can meet their deadlines. Also know if possible. Place water and glasses on the table for the that if you schedule a press conference at 12 noon, people speakers. Set up a food table for reporters so that they will may expect complimentary lunch. stay longer for you to cultivate them.

❑ Media advisory. Send a media advisory a week prior, a ❑ Record the press conference. Document the event by day prior, and on the day of the press conference to your videotaping or taking photos. Have a volunteer count the media contact list. Also circulate to coalition members, number of attendees. elected offi cials, civic organizations, religious institutions, and the general public. Physically post them on community ❑ Sign up sheet. Have a general public sign-in sheet and a bulletin boards. Using email listservs is the most expedient media sign-in sheet available on the welcome table near way to deliver media advisories quickly. See the “Sample the entrance. Follow up with the media after the press Media Advisory.” Call the reporters the day before the press conference to see if they need any further information or conference to increase the chances that they will attend. access to people to quote.

❑ Physical room layout. Near the entrance to the room where ❑ Visuals. If the victim or victim’s family permits, enlarge the press conference will be held, have a welcome table photos of the victim to use as a visual. The photos lend a with two areas. One area holds the general public sign-in human face to the tragedy. Reporters are interested in the sheet and any materials to distribute. The other area has human interest story. the media contact list and press kits. Staff the table with two volunteers to make sure that the attendees sign in. ❑ Volunteers. Staff the welcome table with two volunteers. Arrange chairs in rows in the room with a speaker table in Assign one to serve as a roving troubleshooter. Have the the front and a podium off to the side of the speaker table. spokesperson or other volunteer tend to the reporters. Post Hang a banner with the organization’s name behind the a volunteer near the building’s entrance to guide people to podium so that it will be visible on TV or in photos. Reserve the press conference room, even if signs are displayed in spaces in the front for the media. Set up a speaker table the hallways.

Organize a press conference to heighten public awareness and to more broadly send a message to the public. Remember to involve different parties – victim’s family, community leaders, police, prosecutors and elected offi cials. Photo: Courtesy of Asian Pacifi c American Legal Center (APALC).

47 Responding to Hate Crimes: A Community Action Guide

sample press release

Does your organization have letterhead? If so, place the press release on letterhead. Letterhead makes your press release stand out and the media may recognize your organization. Similarly, use logos. If you are working in an ad hoc coalition, then consider creating letterhead and a Contact information should be logo to lend credibility to your coalition. listed, with a contact name, tele- phone number (preferably a cell Post “For Immediate Release” at to enhance the reporters’ ability to the top left corner of the page. FOR IMMEDIATE RELEASE Contact: Jonathan Lee January 9, 2005 (415) 867-5309 talk to the media contact on fi rst Have it typed in all caps, fl ush left. If [email protected] try), and cell number. Write it fl ush appropriate, then state in lieu of the NEW COALITION CALLS FOR INVESTIGATION OF BIAS against the right side of the page. release information “embargoed MOTIVATION IN MURDER OF GRADUATE STUDENT until [date] or “Media Advisory.” Green Acres, CA –United Against Hate (UAH), a newly formed coalition of students, university offi cials, community organizations and local elected offi cials, is urging local police to investigate The headline should be catchy to Date of issue should be spelled whether the death of slain California University graduate student, draw the reporters’ attention. Write out, not abbreviated. Bouapha Khamvongsa, 23, was bias motivated. Khamvongsa was a it in a complete sentence, capital- graduate student enrolled at California University. On December ized or bolded, and centered. 12, 2004, she suffered a fatal shooting on campus. Hours later, police arrested George Walker, a 19-year-old fellow student, who now awaits trial from jail. The coalition members allege that Walker committed a hate crime The fi rst paragraph is the lead. Write the release in inverted and should face enhanced penalties provided under state law. According The lead should clearly state the paragraph form, or write the most to Jonathan Lee, Student Coordinator, Walker had been suspended Who, What, When, Where Why important news toward the top so only a month earlier by the university for anti-Chinese vandalism and How – the 5 main elements that the least important can be cut at the student union. Witnesses heard him say as he was taken into a reporter will use to determine from the bottom without losing police custody that he thought Khamvongsa was Chinese. The victim newsworthiness. the message’s essence. If the press is Laotian American. Asian Pacifi c Americans have doubled their release is used to publicize an enrollment at the university over the past fi ve years. • Who is the subject of your news? event, use bullet points to make it “We call on the Greenacre police to investigate the murder as a • What is the newsworthiness of easy to read. Take the information hate crime because of the evidence showing the suspect was anti- this press release? from your lead paragraph. Chinese. United Against Hate seeks the suspect to be prosecuted accordingly,” Lee said. • Where is it happening? As president of the Asian Pacifi c American Students Association, Lee • Why should the media care? spearheaded a coalition that includes representatives from diverse • How should the audience elements of the community, including students, faculty, community groups, social service agencies, religious groups, and government. respond? Direct quotations would be best suited from a spokesperson here on “United Against Hate wants to send a strong message to would-be the second or third paragraph. Be hate offenders. We received broad support from the community very quickly,” Lee said. sure to use the full, correctly spelled Center a “-30-” or “###” to names, with proper titles or affi lia- United Against Hate is planning a candlelight vigil to remember indicate that a press release is tions to the victim or community. Bouapha Khamvongsa on Friday, January 9 at 7 p.m. at Elysium complete. Use “More” to go to Gardens, 1100 Mossrock Ave. The general public is invited. second page but try to stick to one. -30- United Against Hate, www.apasa.com/justiceforbouapha, is a coalition group brought together after the murder of Bouapha Khamvongsa. Include a descriptive blurb about UAH is working to see George Walker convicted for murder with hate your organization or group to crime penalty enhancements and to raise public awareness about hate enhance branding. List a website. crimes. Coalition members are the Asian Pacifi c American Students Association’s Justice for Bouapha Project, California University’s joint faculty-student Hate Crime Network, the Student Union, Laotian Alliance, OCA – Green Acres chapter, ADL, the Buddhist Temple of Green Lake, Southeast Asian Mutual Aid, Offi ce of Mayor Sharon Lee, Greenwood Sheriff’s Offi ce and the Human Rights Commission.

48 Community Response

sample media advisory

Does your organization have letterhead? If so, place the press release on letterhead. Letterhead makes your press release stand out and the media may recognize your organization. Similarly, use logos. If you are working in an ad hoc coalition, then consider creating letterhead and a logo to lend credibility to your coalition.

Center the title, “Media Advisory” Media contact should be listed, in all caps. MEDIA ADVISORY with a contact name and telephone number, preferably a cell phone January 9, 2005 Contact: Jonathan Lee number to enhance the reporters’ Student coordinator ability to talk to the media contact Tel: (415) 867-5309 on fi rst try. Write it fl ush against the Fax: (415) 555-5309 right side of the page. Date of issue should be spelled [email protected] www.apasa.com/justiceforbouapha out, not abbreviated.

The headline should be catchy to CANDLELIGHT VIGIL ANNOUNCED draw the reporters’ attention. Write FOR STUDENT SLAIN IN HATE CRIME it in a complete sentence, capitalized or bolded, and centered.

Green Acres, CA –United Against Hate, a coalition of students, university offi cials, community organizations and local elected offi cials, will join the Khamvongsa family to mourn the death of slain California University graduate student, Bouapha Kham- Offer a brief paragraph that vongsa, 23, at a candlelight vigil at Elysium Gardens on January 9 provides context for the event. at 7 p.m. At the event, the coalition will have speakers calling on The reporter will want to know the police to investigate the murder as a hate crime. The victim’s family suspects that the death was bias-motivated. the important issues underlying Provide the event details, the Who, the event. Consider including hate What, When, and Where. crime statistics in the local area or • Who: United Against Hate for the victim’s group nationally, • What: Candlelight vigil to remember Bouapha recent hate crime occurrences, etc. Khamvongsa • When: Friday, January 9 at 7 p.m. • Where: Elysium Gardens, 1100 Mossrock Ave. Center a “-30-” or “###” to indicate that a press release is complete. Stick to one page.

-30- United Against Hate, www.apasa.com/justiceforbouapha, is a coalition group brought together after the murder of Bouapha Khamvongsa. Include a descriptive blurb about UAH is working to see George Walker convicted for murder with hate your organization or group to crime penalty enhancements and to raise public awareness about hate enhance branding. List a website. crimes. Coalition members are the Asian Pacifi c American Students Association’s Justice for Bouapha Project, California University’s joint faculty-student Hate Crime Network, the Student Union, Laotian Alliance, OCA – Green Acres chapter, ADL, the Buddhist Temple of Green Lake, Southeast Asian Mutual Aid, Offi ce of Mayor Sharon Lee, Greenwood Sheriff’s Offi ce and the Human Rights Commission.

49 Responding to Hate Crimes: A Community Action Guide

Other community events.26 Creative ideas abound when it comes to planning a community response:

• Organize a cleanup if property has been vandalized with graffi ti spewing hate messages. • When a hate group comes to town, create a hate-free zone where people can attend a peace rally and not call further media attention to the hate group. • Host a Project Lemonade to raise funds for inclusion causes in counterpoint to every minute of hate group activity in town. • Join the Not in Our Town (www.pbs. org/niot/citizens_respond/index.html) campaign, a national movement that Getting elected offi cials involved with your community effort is a good strategy to get stronger laws encourages community response to enacted and to enhance media attention to your campaign. Here, Senators Ted Kennedy (D-MA) and Hillary Rodham Clinton (D-NY) call for stronger hate crime laws. Photo courtesy of the National Gay and hate crimes. The project combines PBS Lesbian Task Force. broadcast, grassroots events, educational outreach, and online activities. Fundraisers. Host fundraisers to assist the • Start a campaign to establish a multi- victim with legal fees, medical bills, or lost cultural center for the arts. Ask local mu- wages, or to provide support for the victim’s seums host exhibits and events refl ecting using the family if the victim is deceased. Organize a diversity at home and elsewhere. internet walk. Create a memorial scholarship. • Plan a multicultural committee that Use An Internet Petition Website Boycotts. As a last resort, use boycotts to serves as an umbrella organization for Online petition websites are pressure businesses or corporate sponsors groups that raise awareness about prejudice effective ways to publicize a to cease marketing and sales of commercial and provide support for cultural events, cause. Free internet services, products that perpetrate negative stereotypes holiday programs, and community efforts such as www.petitiononline. (e.g., Asians represented on T-shirts with that promote intergroup harmony. com/, can format and host the buck teeth, slanted eyes, and conical hats petition on the internet. These • Plan a community-wide “Walk/Run sites will collect, display, and with slogans in broken English), radio Against Hate” in which sponsored maintain petition signatures. stations where the DJs make inappropri- participants donate pledges to anti-bias ate remarks (e.g., rail against immigrants); organizations or human rights organizations. Petitions can be delivered sponsorships where an athlete shows lack of electronically by emailing the • Hold a T-shirt contest cultural sensitivity (e.g., makes a disparaging petition URL with a note of copycat accent of a fellow Chinese player); or explanation to the petition recipient, or be printed and to cease advertising in media where images delivered physically. depict people in ways that disparage their core identity. Be forewarned, however, that boycotts may not result in the outcome desired, and in fact, businesses may retaliate.

50 Community Response

sample event promotion fl ier

Why Create A Flier? • Publicizes the event • Informs the public quickly that a hate crime occurred, and a community response is being planned • Educates people when they are drawn into the event where they can learn more about hate crimes Title event captures the essence of CANDLE LIGHT VIGIL the event, and its purpose. REMEMBER BOUAPHA KHAMVONGSA

Sunday, January 9, 2005 7 p.m. at The Elysium Gardens Event details include the date, time 1100 Mossrock Ave. and location of the event. JOIN UNITED AGAINST HATE Learn About A New Coalition Working For Justice Graphics break up text. Be mindful of how this image will appear when photocopied. Obtain permission, particularly if the image is of an individual.

California University graduate student Bouapha Khamvongsa was shot and killed by George Walker as she was going home from McAllister Library on December 12, 2004. Walker was a sophomore on suspension for anti-Chinese graffi ti at the Student Union.

SPEAKERS: Mr. Noi Khamvongsa, Bouapha’s father

Jonathan Lee, APASA Student Coordinator and United Against Hate Founder Include contact information. Include a method for individuals California University President Kelly Peskowtiz to fi nd out more information Mayor Sharon Lee about the event. But avoid using personal contacts to maintain personal safety of volunteers. Contact Jonathon Lee at [email protected] for more information. List coalition members. All groups Sponsored By: and offi ces that have endorsed Asian Pacifi c American Students Association’s Justice for Bouapha Project, and/or supported this campaign California University’s joint faculty-student Hate Crime Network, the should be listed. Student Union, Laotian Alliance, OCA – Green Acres chapter, ADL, the Buddhist Temple of Green Lake, Southeast Asian Mutual Aid, Offi ce of Mayor Sharon Lee, Greenwood Sheriff’s Offi ce and the Human Rights Commission.

51 Responding to Hate Crimes: A Community Action Guide

Calling For Justice time of the investigation, during the criminal court proceedings, and leading up to release Laws govern our society, and the courts of the defendant. provide for a process to judge whether a person has violated those laws. In the Be a victim advocate. Assist the victim to courtroom, community members do not fi nd an attorney, and a pro bono one if have a speaking or direct role, unless they the victim cannot afford a private one. By are witnesses. Technically, the community is retaining an attorney, the victim may have a already represented in the courtroom by the second bite at the apple if s/he is not fully prosecutor, who works for the government. satisfi ed with the decision in criminal court. But both inside and outside of the courtroom, S/he can bring a lawsuit in civil court. community members can participate in the Lobby for a certifi ed bilingual translator criminal justice process. if the victim is limited English profi cient. Advocate for services that do not currently Be a court watcher. Attend the proceedings, exist for the victim, such as victim assistance and report back to the coalition. Court programs at the local law enforcement watchers can educate community members agency, prosecutor’s offi ce, department of on the case, fi lling in details left out by the corrections, and departments of parole and media. The information that the coalition probation. Refer to the material earlier in gathers may guide their community responses. the manual on victim advocacy. Court watchers also can also show support for either party or the process by their mere Be a community advocate. Work with the presence in the courtroom. During a case in victim’s attorney to generate community San Francisco where the police refused for support. The attorney likely will have a long time to recognize a mob hate crime recommendations on community activities against Asian American teen-agers, that will indirectly support his/her legal community supporters organized by the representation. Asian Law Caucus prompted the district attorney, the judge, and the defense attorney to acknowledge the community presence in their comments. See “Hate Crimes Against Educating Ourselves And Asian Pacifi c Americans” in Chapter 2 for a Our Community summary of the case. Community education. Education begins Hold events outside of the courtroom. with ourselves. Organize a community Organize a press conference or rally outside workshop to educate the public about hate the courtroom. People coming in and out crimes. The more informed they are, the of the courtroom will hear what you have more empowered they will be to take to say. action. Recruit a representative panel of speakers, including community leaders, Be a victim assistance provider. Advise the law enforcement, prosecutors, elected victim of his or her rights. Offer the victim offi cials, and the FBI. Leave suffi cient time support by accompanying the victim to the for questions and answers. The community proceedings. Refer to the material earlier in will percolate with ideas after the workshops. the manual explaining the work that victim Contact the Organization of Chinese assistance providers do and the rights that Americans (OCA) for a schedule of hate victims have to be engaged and informed crime workshops that they organize about the legal process, starting from the

52 Community Response

Law Enforcement Training And Education On Hate Crimes

Bureau Of Justice Assistance The Intelligence Project Provides training funding to the local law enforcement agencies Sponsors an online program that offers law enforcement to respond to hate crimes. www.ojp.usdoj.gov/BJA offi cers college credit and continuing education credit and tracks the activities of more than 600 racist and neo-Nazi The Bureau also created a three-part video, Responding to Hate groups. www.splcenter.org/intel/law.jsp Crimes: A Roll Call Training Video for Police Offi cers, that focuses on the differences between a hate crime and a hate incident, International Association Of Chiefs Of Police what fi rst responders need to be aware of, and addressing IACP posts helpful resources on its website, including: community impact and strategies. 1 (800) 851-3420 • “Responding to Hate Crimes: A Police Offi cer's Guide to Investigation and Prevention” http://www.theiacp.org/ Department Of Justice National Hate Crime documents/index.cfm?fuseaction=document&document_id=141 Training Initiative • Recommendations from the 1998 IACP Hate Crime in Offers a four-part curriculum designed as a multilevel hate America Summit to prevent hate crimes, to respond to hate crimes, and to measure the effectiveness of prevention and crime training program for local law enforcement agencies. response efforts. http://www.theiacp.org/documents/index. The four training curriculums are designed for four different cfm?fuseaction=document&document_id=160 levels of law enforcement: patrol and responding offi cers, investi- gators and detectives, supervisors and command offi cers, and National Organization For Black Law an audience of all levels of law enforcement professionals. Each Enforcement Executives (NOBLE) curriculum provides trainers with a mix of teaching approaches, lesson plans and training materials for an 8-hour course. The Published a law enforcement handbook to develop model curriculum topics include: history of bias crimes; identifying policy and procedures to aid law enforcement offi cers when hate crimes: defi nitions, bias crime indicators and offender responding to hate crimes. Drafted a training program for typology; legal issues; guidelines for an effective response; law enforcement personnel on racial violence and developed investigative strategies; victim trauma; community strategies, a training curriculum to deal with cultural clashes on college and case studies. 1 (800) 851-3420 campuses. www.noblenational.org/displaycommon.cfm?an=1& subarticlenbr=33 FBI Offi ce of Justice Programs Two FBI publications are highly recommended for law enforce- ment offi cers on the issue of hate crime data collection.: Lists law enforcement training resources. www.ojp.usdoj.gov/ • Training Guide for Hate Crime Data Collection www.fbi.gov/ archive/topics/hate/technical_assistance.htm ucr/traingd99.pdf. • Hate Crime Data Collection Guidelines www.fbi.gov/ucr/ The Offi ce For Victims Of Crime hatecrime.pdf. Publishes the National Bias Crimes Training For Law Enforce- ment and Victim Assistance Professionals, a user-friendly guide for both victim assistance and law enforcement professionals. www.ojp.usdoj.gov/ovc/publications/infores/nbct.htm

continued on next page

53 Responding to Hate Crimes: A Community Action Guide

Law Enforcement Training And Education On Hate Crimes, continued

Partners Against Hate A World of Difference Institute Hosts Law Enforcement Against Hate, a website with education Offers specially designed training programs for law enforce- resources adaptable for law enforcement. ment professionals to help them develop awareness and skills for working within a highly pluralistic society; to identify and Also offers education and counteraction strategies for young report hate crimes; to examine how anti-bias skills affect law people and the wide range of community-based professionals who enforcement work, especially regarding hate crimes; and to work and interact with youth, including parents, law enforce- examine appropriate responses to on-the-job situations, using ment offi cials, educators, and community/business leaders. case studies and large and small discussion groups. ADL also www.partnersagainsthate.org/law_enforcement/index.html has developed two training videos, “Hate Crime: A Training (202) 452-8310 Video for Police Offi cers” and “Crimes of Hate” which present hate crime scenarios and tips. www.adl.org/awod/awod_ institute.asp Source: National Criminal Justice Reference Service, administered by the Offi ce of Justice Programs, U.S. Department of Justice.

in collaboration with their local chapters in increases in calls to police from refugees different cities every year (www.ocanatl.org, and immigrants, and greater attendance at (202) 223-5500). community meetings. In Washington, D.C., the Access to Justice Partnership similarly Law enforcement training. Political support offered diversity training, bringing together and funding fl uctuate for law enforcement volunteers from the Asian Pacifi c American training, programs, and initiatives to fi ght community and local police offi cers. To hate crimes. Assist your local enforcement learn how you can organize diversity agency to leverage scarce resources by trainings in your community, contact Francey sharing with them the “Resource List: Law Lim Youngberg at Access to Justice Partnerships. Enforcement Training and Education on Hate This is a partnership of Asian Pacifi c Crimes.” Moreover, offer to speak about American (APA) community-based hate crimes from a community perspective organizations working together with to police offi cers (as the Anti-Defamation government institutions to improve the League has organized with the FBI academy). access of APAs in the Greater Washington, Organize a diversity training seminar for D.C. area to the criminal justice system and new recruits. In Georgia, the Bridging the other public services. She can be reached Gap Project, Inc., offered diversity training at [email protected] or to police departments, and later witnessed (703) 660-9166.

54 Community Response

Hate Targeting Youth

White supremacists market to youth through different languages Internet that speak to them in growing numbers—music and the internet. • Disturbed by Hate on the Internet? is a guide for families and The following resources address this new and alarmingly educators providing tips on children using the internet by growing phenomenon: the Partners Against Hate, www.partnersagainsthate.org, (202) 452-8310. Music • Hate Filter is free software for parents to block hate-related • The Turn It Down Resource Kit Web sites from their children, by the Anti-Defamation • Soundtracks to the White Revolution: White Supremacists League (ADL), www.adl.org. Assaults on Youth Music Subcultures • A Parents Guide To Hate On The Internet: Helping Your Child Both guides are free to download from the Center for New Safely Navigate the Information Superhighway, by ADL, www. adl.org/issue_education/parents_guide_hate_net.asp. Community’s website, www.newcomm.org, (708) 848-0319. • Poisoning the Web: Hatred Online: Internet Bigotry, Extremism and Violence by ADL, www.adl.org/poisoning_web/ poisoning_toc.asp.

Teaching youth. Hate crime offenders are • The Teaching Tolerance project was created often teens and young adults, and sometimes by the Southern Poverty Law Center in are victims themselves or perceive themselves response to an alarming increase in hate to be victims. The teens and young adults crime among youth. Teaching Tolerance should be dealt with compassionately and offers free or low-cost resources to not with more hatred. Education should be educators at all levels. Among the guides used as an intervention tool in the schools. are Responding to Hate at School: A Guide for Teachers, Counselors, and Administrators. Check out the following resources. www.tolerance.org/teach/about/index.jsp. • A Classroom of Difference project sponsored • Partners Against Hate created several by Anti-Defamation League’s World of publications, including Program Activity Difference Institute offers an anti-bias Guide, 1st Edition and 2nd Edition, Peer curriculum for educators, among a wide Leadership Guide, Investigating Hate Crimes range of programs for all students at on the Internet, and Hate on the Internet different levels in K-12, peer programs, Manual, which offers education and and families. ADL also has several guides counteraction strategies for young people and articles available for teachers and and the wide range of community- parents on how to address and to talk based professionals who work and about hate crimes with children. www. interact with youth, including parents, adl.org/education/edu_awod/awod_ law enforcement offi cials, educators, and classroom.asp. community and business leaders. www. partnersagainsthate.org.

55 Responding to Hate Crimes: A Community Action Guide

Building Bridges Example: The Coalition Against Hate Crimes in Portland, Hate crime is a community issue, necessitating Oregon, www.againsthate.pdx.edu/about.htm, a broad range of people talent, effort, and states as its mission: to use the moral authority of ideas. Reach out to diverse segments in the Coalition and its members to give expression society, raise a coalition, and sustain the to the community conscience as spelled out in the coalition to be able to quickly respond to Universal Declaration of Human Rights and its and to prevent future occurrences of prejudice. covenants. Strive to be proactive, not reactive. What Work Can Hate Crime Who Should Be Approached? Coalitions Do? Community-based organizations Monitor hate crimes. Establish a commu- • Civil rights advocacy organizations nication system (e.g., a listserv so that the coalition is alerted by any one member • Civic associations, neighborhood groups, who learns about a hate crime from the social clubs police, media reports, community walk-ins, • Social service agencies or calls). • Religious institutions/places of worship Create capacity to receive hate crime • Youth organizations reports. As a larger undertaking, the coalition • Labor unions may have suffi cient resources to establish and staff a hotline or to do intakes at the • Legal organizations offi ce of one or more coalition member • Professional associations organizations. If the victim agrees, share the • Immigrant groups report with local law enforcement so that they can investigate the incident. Government Document hate crimes. Create an intake • Law enforcement sheet. Train all coalition members to • Municipalities: cities, towns, counties document hate crime reports on the intake • Government agencies (i.e., Human sheets. Establish a repository for the intake Rights Commissions, FBI, DOJ’s forms (e.g., designate one coalition member Community Relations Service) to keep the fi les) or assign one or more coalition member organizations to carry • School districts out intakes at their offi ces. If the victim • Universities and colleges agrees, share the report with local law enforcement so that they can investigate Business the incident. • Small businesses Analyze the hate crimes. Create a • Corporations (for sponsorships) memorandum of understanding with law enforcement to access and review police hate crime reports. View a broader picture What should be the goal? Find common using the police reports and community ground. Establish narrow or broad goals that intakes. Analyzes patterns. suit your community, resources, and interests.

56 Community Response

Example: Hold a workshop. Educate the public about William Yoshino, Midwest Director of the Japanese hate crimes. Organize a representative panel American Citizens League, worked with other of speakers, including community leaders, Asian American organizations on a series of law enforcement, prosecutors, elected rapes in the Chicago area. In isolation, the rapes offi cials, and the FBI. Leave suffi cient time were not unusual. However, the victims had a for a question and answer session. similar characteristic – they were Asian Pacifi c 28 American. Efforts by the Asian American com- Partner with local law enforcement. Hold organizing tip discussions to address single issues or offer munity helped piece together the pattern of these Establishing A Relationship to work in partnership with them on anti- assaults, which were taking place in different With Law Enforcement jurisdictions. A suspect was arrested in connection hate crime projects like the following: • Invite an offi cer to community with eight rapes and convicted in the two cases • Offer to be a community cultural liaison. events and meetings. that were brought to trial. Yoshino regularly • Ask for a “get to know communicates with police on hate crimes. He has • Increase diverse recruitment and hiring of offi cers. you meeting.” Introduce served on local and state hate crime coalitions, in- yourselves. cluding the Illinois Asian American Hate Crime • Hire bilingual offi cers or certifi ed • Request meetings to voice Network, the Chicago Commission on Human translators. community concerns and Relations, the Illinois Commission on Discrimi- • Publish materials in relevant languages: needs. Contact the police nation and Hate Crimes and the Cook County know your rights. when you hear a rumor Hate Crimes Prosecution Council. about the police or its actions. • Create a hate crimes unit. Report back to the community. Establish a response plan. Decide a step- • Assign an offi cer to handle and report Learn about the police and by-step course of action for the coalition hate crime data to the FBI. their operations. when it receives a hate crime report. Will • Introduce the police to • Organizing training seminars for offi cers the intake person offer direct victim the community’s cultures, on hate crime identifi cation, reporting assistance or call the police? customs, and traditions. and investigation. • Bring the community and Report hate crimes. Publish a regional • Organize speaker bureaus for offi cers to the police together for a hate crime report based on police reports acquaint them with the diverse groups in Question and Answer forum. supplemented by intake reports received by the community. • Get involved in community community organizations. projects sponsored by • Jointly sponsor community workshops to local law enforcement like Example: educate the public about hate crimes. neighborhood watch and The ADL San Diego regional offi ce runs the • Evaluate the effectiveness of current ride-a-longs. 27 ADL Hate Crime Registry project. The project police procedures to handle, respond to, Source: A Tool for Building Positive brings together volunteers, community groups, the and report hate crimes. Partnerships Between New American police, the District Attorney’s offi ce, and the local Communities and the Justice System, • Create wallet reference cards for offi cers National Crime Prevention Council. Human Rights Commission to read and analyze to determine bias motive in a crime. police reports. ADL documents the reports into a database called the Registry, and publishes a • Organize a late night bike patrol. report with statistics, information on offenders and victims, levels of violence, and the number of incidents involving an arrest. For more information, contact the ADL San Diego regional offi ce at (619) 293-3770, [email protected].

57 Responding to Hate Crimes: A Community Action Guide

Example: To learn more about how your community The Lakeview Action Coalition (LAC) Hate can participate in advocacy efforts to Crimes Task Force successfully reduced hate strengthen federal and/or state hate crime crimes by 50% in Lakeview and North Center laws, contact the OCA National Offi ce at communities in Chicago, IL, after a one-year (202) 223-5500. OCA, a member of the pilot program to patrol the neighborhoods on Leadership Conference on Civil Rights resource bikes during the times when a study showed hate (LCCR), an umbrella organization of 180 crimes most often occurred. www.lakeviewa- leading civil rights organization, actively Need A Peacemaker? tion.org/taskforc/hatecrim/hatecrim.htm, participates in such efforts. You can also read The Community Relations (773) 549-1947. more about hate crime issues and download Service, a unique agency of advocate’s tools under LCCR’s website, the U.S. Department of Justice, Lobby for stronger hate crime laws. On the www.civilrights.org. Specifi cally, you can is the federal government’s state level, more and more states have been download Grassroots Tool Kit: A Manual “peacemaker” for community- enacting hate crime laws, but fi ve states still on Event Planning, Coalition Building and wide confl icts and tensions do not provide for additional penalties for Grassroots Advocacy, by LCCR and Leadership arising from disputes based on hate crimes. Only approximately half of Conference on Civil Rights Education race, color, and national origin. all states protect victims based on sexual Fund, to read about lobbying Congress, CRS offers free confl ict resolution orientation, gender, and/or disability. Further, Download the guide at www.civilrights.org/ services when requested by not all states criminalize vandalism against action_center/index.html, or call LCCR at state and local offi cials to help religious institutions or mandate hate crime 202 466 3311 or LCCREF (202) 466-3434. resolve and prevent racial and data collection. Check www.adl.org/ to ethnic confl ict, violence and download a state comparison chart of hate Establish a youth diversion program.29 civil disorders. Trained neutral crime statutes and locate your state laws. Contact ADL’s New York regional offi ce mediators are available on a 24- at [email protected] or (212) 885-7970 hour basis, www.usdoj.gov/crs, On the federal level, anti-hate crime (202) 305-2935. to ask about model programs that the advocates have rallied in support of former New England regional offi ce or Staff can assist local offi cials proposed legislation called the Local Law Long Island regional offi ces created and and community leaders with Enforcement Enhancement Act/Local Law implemented for youth who committed or developing and implementing Enforcement Hate Crimes Prevention Act exhibited at-risk behaviors to commit hate policies, practices, and proce- to expand current federal law to include crimes. The target participants are youth dures to respond to hate crimes sexual orientation, gender, and disability and garner the support of who have committed civil rights violations. and to provide federal support for criminal One program uses videos, readings, group residents and public and private investigations and prosecutions by state and organizations to ease tensions discussions, and fi eld trips to educate them local law enforcement. and help end confl icts. CRS can about the consequences of hate crimes and also help local law enforcement behaviors on individuals and the community, agencies create hate crime units as well as to gain an understanding and to prevent, investigate, and appreciation of the work of civil rights and prosecute hate crimes. human relations organizations, such as the ADL. Another program combines education with speakers from the multicultural

58 Community Response

community and 20 hours of community service. If used by the local prosecutors, the programs can be used as an alternative sentence or education for fi rst-time offenders who are not jailed.

Serve on a task force. Find out if there is a task force connected to the mayor’s offi ce or law enforcement agency or city human rights commission that involves community groups. If not, then seek to establish one.

Example: Network Against Hate Crime, established by Photo courtesy of Asian Pacifi c American Legal Center. the Los Angeles County Commission on Human Relations. The Network, established Example: organizing tip in 1984, brings together on a quarterly basis The Lakeview Action Coalition (LAC), a law enforcement agencies, human relations “Give A Helping Hand, Take A multi-issue community organization whose organizations, educators, faith communities, Helping Hand” members are 38 religious congregations, social social service and advocacy groups, and concerned When a hate crime occurs, service agencies, banks and other organizations in individuals to coordinate efforts to combat hate know that you do not have to the Lakeview and North Center neighborhoods, crime. See humanrelations.co.la.ca.us/ rely solely on resources within did a study on hate crimes. The study identifi ed programs/network/network.htm. the APA community. Around the that hate crimes most frequently occurred in East country, several diverse groups Commission reports. In conjunction with Lakeview against gays and lesbians, African are known to rally around each the local human rights commission, raise Americans, and Jews in crimes involving batteries other to produce a community public and private funds for a researcher and assaults in public places between 8:30 p.m. response, which shows a true to explore the root of prejudice in the and 4:30 a.m. LAC created a hate crimes task expression of solidarity. So if an community. Have the researcher study force that worked with local police to pilot a late APA victim is affected, reach out demographic changes, community dynamics night bike patrol. One year later, hate crimes to the nearest regional offi ces among different groups, local government were reduced by 50%. www.lakeviewaction. of the Anti-Defamation League; and institutions, leaders, and current laws org/taskforc/hatecrim/hatecrim.htm, (773) NAACP; municipal human rights commission; gay, lesbian, and enforcement and, among other things, 549-1947. bisexual, and transgender evaluate current anti-bias programs and Lobby for funding for anti-bias initiatives. (GLBT) support organizations; efforts and make recommendations for Research and bring federal or state grants and others. Often, coalition promising initiatives. to your community. Secure private foundation partners will have institutional or corporate sponsorships for anti-bias knowledge and larger resources with dealing with hate crimes programs and activities. that will enhance your efforts. By the same token, be a good partner. Be the fi rst to reach out when a non-APA victim is affected by a hate crime.

59 Responding to Hate Crimes: A Community Action Guide

Worksheet: Working With Coalitions

❑ Make the proposal to formalize working relationships by ❑ Inventory, manage, and build resources. creating a coalition. • What resources—people, time, money—can each coalition Coalitions are alliances among parties striving toward a common member bring to the table? goal. Coalitions offer parties credibility, access to larger pool • What resources can coalition members commit? of resources, staff and expertise, public perception of broad • Shall each coalition member contribute a share toward community support, and enhanced media profi le. a fund? Can in-kind services count toward the share? • Is there interest to create or maintain a coalition that • Hire or assign a part/time staff or volunteer to facilitate came together because of a hate crime? the work of the coalition.* • Did the coalition work well? If not, why? – Sets up meetings or conference calls. • Will the same members comprise the coalition? Is – Prepare for meetings. Makes copies of materials to membership open or by invitation? be distributed. • What are the common interests among the members? – Takes meeting minutes. Can they create a platform? Will the platform include – Takes care of a sign-in sheet. one issues or several issues? Will members be expected – Circulates agendas in advance of meetings, minutes, to sign on to the whole platform or can they opt out on regular notices. specifi c issues so long as they inform the coalition? – Keeps the coalition member contact list updated. – Serve as a main administrative contact for members ❑ Decide on a name. and the general public. ❑ Agree on a vision and a mission. *Ideally, the coalition can have at least one part-time staff whose salary is supported by the coalition or ❑ Create governance. who is “on assignment” as the coalition staff from a • Appoint a chair. Decide in advance if the coalition is member coalition. Or, the coalition “staff” can be a going to rotate chairpersons after a fi xed term. The chair volunteer. should be a skilled facilitator. • Apply for grants or sponsorships. • Have each coalition member appoint one representative to have a consistent presence at the meetings. The ❑ Mind the political dynamics. representative should know the scope of his/her • Be conscious of member buy-in during decision making. organization’s positions so that the representative can • Share the credit. make decisions during the meeting with as few delays • Check in with coalition members before independently as possible e.g., due to checking back with the Executive acting on an issue that falls within the coalition’s plan Director of the organization. and goals. • Permit the coalition spokesperson only to talk to the media. ❑ Create a strategy. • Do not criticize each other publicly. • Based on the vision and mission, defi ne the goals. Make • Be generous with praise. them realistic. • Have introductions at every meeting. • Determine the approach the coalition wants to take to • Pair a new member with a veteran member. reach the goals (e.g., education, community organizing). • Encourage members to share updates, news, resources • What is the geographic area that the coalition will at every meeting. concentrate its efforts? • Decide when the coalition will evaluate the strategy. ❑ Set up a website. Post the mission, calendar, news, press releases, contact information. ❑ Find model community programs. ❑ Cultivate new leaders. Expect turnover so mentor people ❑ Draft an implementation plan. who can lead the coalition. • Make assignments. • Create timelines. • Check progress periodically (e.g., every six months). • Tweak the plan as necessary following regular assessment.

60 Community Response

Chapter Three – Community Response Points To Remember

• When a hate crime occurs, not only the victim is affected, but the community to which the victim belongs.

• Communities have an important duty to speak out forcefully against hate crimes. They also should create an effective response to restore faith that the community welcomes diversity and inclusion and to prevent future occurrences.

• An advocate should know the different roles that s/he can play to avoid over committing resources and to be strategic and effective in his or her efforts.

• A good advocate communicates effectively, demonstrates good organizational skills, leads well-organized meetings, rallies volunteers, builds bridges within the community, and plans according to available resources.

• Dialogues are important for people to appreciate each other’s differences, deepen their understanding of social issues, and explore ways to resolve community issues.

• Communities have a voice that they can express privately or publicly through the media or public events.

• Communities can play an important role, even if indirect, during the criminal justice process.

• Education is a powerful anti-hate crime tool to raise public awareness, to improve law enforcement training, and to teach youth.

• Coalitions are alliances among parties striving toward a common goal. Coalitions offer parties credibility, access to larger pool of resources, staff and expertise, public perception of broad community support, and an enhanced media profi le.

• Communities hold the talents, creativity, energy, and power to tackle hate crimes in different and effective ways, as demonstrated by many communities who have previously encountered hate crimes and raised effective response models.

61 Responding to Hate Crimes: A Community Action Guide

endnotes

1 Yip, Alethea. “Remembering Vincent Chin: 9 Levin, Jack and McDevitt, Jack. The Rising Tide Fifteen Years Later, A Murder In Detroit of Bigotry and Bloodshed. Boulder: Westview Remains A Turning Point In The APA Move- Press, 1993. ment,” AsianWeek, 5-13 June 1997, cover story. Available at www.asianweek.com/061397/ 10 Dees, Morris and Bowden, Ellen, “Courtroom feature.html. Victories: Taking Hate Groups to Court,” Trial magazine, February 1995. 2 After the sentencing, the Department of Justice, under community pressure, investi- 11 Levin, Jack and McDevitt, Jack. The Rising Tide gated the case. In 1984, the jury in a federal of Bigotry and Bloodshed. Boulder: Westview trial found that Ebens had acted out of racial Press, 1993. motivation and had violated Chin’s civil rights. However, in 1986, a federal appeals 12 Ibid. court overturned the guilty verdict. In a retrial moved to a different venue because of 13 “Hate Crime, Report: FBI Hate Crime Statistics the high publicity, the jury found Ebens not Vastly Understate Problem,” Southern Poverty guilty. Center Intelligence Report, Winter 2005. Available at www.splcenter.org. 3 A Troubling Legacy: Anti-Asian Sentiment in America, Japanese American Citizens League. 14 Anti-Defamation League, Washington offi ce. Available at www.jacl.org. 15 Ibid. 4 Ibid. 16 “Hate Crime, Report: FBI Hate Crime Statistics 5 Ibid. Vastly Understate Problem,” Southern Poverty Center Intelligence Report, Winter 2005. Available 6 FBI Uniform Crime Report. Available at http:// at www.splcenter.org. www.fbi.gov/ucr/ucr.htm. 17 Anti-Defamation League, Washington offi ce. 7 Lawrence, Fred. Punishing Hate: Bias Crimes Under American Law. Cambridge: Harvard 18 “Hate Crime, Report: FBI Hate Crime Statistics University Press, 1999. Vastly Understate Problem,” Southern Poverty Center Intelligence Report, Winter 2005. Available 8 The term “Asian” refers to people having at www.splcenter.org. origins in any of the original peoples of the Far East, Southeast Asia, or the Indian 19 Mental Health: Culture, Race and Ethnicity: A subcontinent (for example, Cambodia, China, Supplement to Mental Health: A Report of the India, Japan, Korea, Malaysia, Pakistan, the Surgeon General, U.S. Department of Health Philippine Islands, Thailand, and Vietnam). and Human Services, 2001. Asian groups are not limited to nationalities, but include ethnic terms, as well. See “The 20 When Law and Culture Collide: Handling Confl icts Asian Population 2000: Census 2000 Brief,” Between U.S. Laws and Refugee Cultures by U.S. Census, February 2002. the National Crime Prevention Council is an excellent guide to cultural behaviors and religious practices; police perspectives and

62 Endnotes

duties; and ideas for cooperation. 1000 Con- 27 Hate Crimes: ADL Blueprint for Action. necticut Avenue, NW, 13th Floor, Washington, Available at www.adl.org. DC 20036, (202) 466-6272, www.ncpc.org. Order online or call (800) 627-2911, $13.95. 28 Lengthening the Stride: Employing Peace Offi cers From Newly Arrived Ethnic Groups, 21 “Special Registration’ Program,” U.S. in National Crime Prevention Council. Available Focus, Migration Information Focus, Maia at www.ncpc.org/ncpc/ncpc/?pg=5882-2282- Jachimowicz and Ramah McCay, April 1, 2003. 2608-5474-5478, or contact NCPR at 1000 Available at http://www.migrationinformation. Connecticut Avenue, NW, 13th Floor, Washington, org/Feature/display.cfm?id=116#5. DC 20036, (202) 466-6272.

22 American Civil Liberties Union, www.aclu.org. 29 Hate Crimes: ADL Blueprint for Action. Available at www.adl.org. 23 Adapted from the National Organization for Victims Assistance.

24 Ibid.

25 Ibid.

26 The ideas for community events were taken from the following publication:

Ten Ways to Fight Hate: A Community Response Guide and 101 Tools for Tolerance: Simple Ideas for Promoting Equity and Celebrating Diversity, these ideas are among several in excellent resources published by the Southern Poverty Law Center, www. splcenter.org, (334) 956- 8200. Download a free copy of the guides at www.tolerance.org/10_ways/index.html and www.tolerance.org/101_tools/index.html.

Close the Book on Hate: 101 Ways to Combat Prejudice, a resource booklet that arose from the Close the Book on Hate,” a joint effort of Barnes & Noble and ADL. Download the guide free at www.adl.org/prejudice/default.asp.

63 Responding to Hate Crimes: A Community Action Guide

resources

Manuals/Publications List Center for Democratic Renewal P.O. Box 50469 Hate crime resources abound. The following Atlanta, GA 30302-0469 list presents select guides that offer practical Phone: (404) 221-0025 and creative ideas for communities seeking Website: www.thecdr.org to actively respond to hate crimes. CDR publishes When Hate Groups Come to Town: A Manual of Effective Community Re- Anti-Defamation League (ADL) sponses. Contact CDR to order a copy for 825 United Nations Plaza $10. Or, see a summary at www.publiceye. New York, NY 10017 org/eyes/10_far.html. Phone: (212) 885-7700 Website: www.adl.org Federal Bureau of Investigation ADL publishes Hate Crimes: ADL Blueprint Federal Bureau of Investigation for Action. Published by a leading organization J. Edgar Hoover Building on hate crime responses, the guide shares 935 Pennsylvania Avenue, NW creative initiatives that ADL offi ces have in Washington, D.C. 20535-0001 collaboration with law enforcement, youth, Phone: (202) 324-3000 community groups and colleges. Download Website: www.fbi.gov free at www.adl.org/blueprint.pdf. While not a community organizing manual, Also see Hate Crime Laws, www.adl. the FBI does publish annually a well- org/99hatecrime/intro.asp. known report on hate crimes called Hate Crime Statistics. Also the FBI publishes two Asian American Justice Center, guides on data collection: Training Guide formerly National Asian Pacifi c American for Hate Crime Data Collection, www.fbi. Legal Consortium gov/ucr/traingd99.pdf, and Hate Crime Data 1140 Connecticut Ave, NW, Suite 1200 Collection Guidelines, www.fbi.gov/ucr/ Washington, DC 20036 hatecrime.pdf. All three publications can be Phone: (202) 296-2300 downloaded free from www.fbi.gov/ucr/ucr. Website: www.advancingequality.org htm#hate. As NAPALC, AAJC published Responding to Hate Crimes, a booklet, accompanied by Hate Crimes Research Network a CD-rom, that among other things covers Based at the Department of Sociology of hate crime laws and has a Question and Portland State University in Oregon, the Answer chapter to address critics of hate HCRN links academic work done by crime laws. AAJC also has available on its sociologists, criminologists, psychologists websites for download previous Audits of and other academics, including graduate Violence Against Asian Pacifi c Americans from students. 1994-2002.

64 Resources

Dr. Randy Blazak 3. When Law and Culture Collide: Handling Director, HCRN Confl icts Between US Laws and Refugees’ Department of Sociology Cultures Portland State University 4. Building and Crossing Bridges: Refugee and P.O. Box 751 Law Enforcement Working Together Portland, OR 97207 Phone: 503-725-3926 Department of Education Website: www.hatecrime.net/ 400 Maryland Avenue, SW Washington, D.C. 20202 National Center for Hate Crime Phone: 1-(800) 872-5327 Prevention Website: www.ed.gov Education Development Center, Inc. Preventing Youth Hate Crime, www.ed.gov/ 55 Chapel Street pubs/HateCrime/start.html Newton, Massachusetts 02458-1060 Phone: 617-969-7100 Protecting Students from Harassment and Hate E-mail: [email protected] Crime, www.ed.gov/offi ces/OCR/ Website:http://edc.org/HHD/hatecrime/ archives/Harassment/harassment.pdf id1_homepage.htm The National Center publishes the fol- Japanese American Citizens League lowing curriculums: Healing the Hate: A National JACL Headquarters National Bias Crime Prevention Curriculum 1765 Sutter St. for Middle Schools and Responding to Hate San Francisco, CA 94115 Crime: A Multidisciplinary Curriculum for Law Phone: (415) 921-5225 Enforcement and Victim Assistance Professionals. Website: www.jacl.org The Center also plans to publish guides on Email: [email protected] community actions to hate crime and youth JACL, the oldest Asian Pacifi c American civil hate crimes. rights and human rights organization, has four resources that can be downloaded free National Crime Prevention Council at www.jacl.org/antihate/ahreference.html. 1000 Connecticut Avenue NW, Floor 13 1. A Troubling Legacy Washington, DC 20036-5325 This 20-page booklet published by JACL Phone: (202) 466-6272 takes a look at anti-Asian sentiment in Website: www.ncpc.org America from the earliest mass immigration NCPC publishes several practical and of Chinese in the mid-1800s to the informative guides for building community- present time. police partnerships, particularly when New 2. Anti-Asian Sentiment on Campus Americans are involved. This JACL brochure looks at anti-Asian 1. A Tool of Building Positive Partnerships sentiment at colleges and universities and outlines the steps that should be taken by 2. Lengthening the Stride: Employing Peace victims of hate crimes and hate incidents. Offi cers From Newly Arrived Ethnic Groups

65 Responding to Hate Crimes: A Community Action Guide

3. When Hate Hits You Partners Against Hate, a joint project of This Asian Pacifi c American hate crime ADL, the Center for the Prevention of Hate response guide defi nes hate crimes and Violence, and the Leadership Conference incidents, gives a short historical perspective on Civil Rights Education Fund, which was on anti-Asian sentiment in the United funded by the U.S. Department of Justice and States, and provides practical information U.S. Department of Education, offers educa- on how to respond to hate crimes. tion and counteraction strategies for young 4. Words Can Kill the Spirit people and the wide range of community- This brochure discusses the historical based professionals who work and interact roots of racial slurs with advice on how with youth, including parents, law enforce- to respond to them. ment offi cials, educators, and community/ business leaders. Partners Against Hate has Leadership Conference on Civil Rights available on their website several publications 1629 K Street NW, 10th Floor to combat hate for school-aged children, Washington, DC 20006 educators, parents, law enforcement, com- Phone: (202) 466-3311 munity leaders and business leaders. Website: www.civilrights.org, 1. Program Activity Guide: Helping Children A civil rights coalition with 180 member Resist Bias and Hate, 1st Edition organizations, LCCR is a powerhouse www.partnersagainsthate.com/ advocacy force in Washington, D.C. on publications/pahprgguide302.pdf several issues, including stronger hate 2. Program Activity Guide: Helping Youth crime legislation. Resist Bias and Hate, 2nd Edition Cause for Concern: Hate Crimes in America, www.partnersagainsthate.org/educators/ 2004 www.civilrights.org/publications/ pag_2_ed.pdf reports/cause_for_concern_2004/ 3. Building Community and Combating Hate: Lessons for the Middle School Classroom National Criminal Justice www.partnersagainsthate.org/educators/ Reference Service middle_school_lesson_plans.pdf Posts a list of hate crime related resources 4. Peer Leadership: Helping Youth Become on its website. Change Agents in Their Schools and P.O. Box 6000 Communities Rockville , MD 20849-6000 www.partnersagainsthate.org/ Phone: (800) 851-3420 or publications/peer_leadership_guide.pdf (301) 519-5500 5. Investigating Hate Crimes on the Internet Website: www.ncjrs.org www.partnersagainsthate.org/ publications/investigating_hc.pdf Partners Against Hate 6. Hate on the Internet: A Response Guide for 1100 Connecticut Avenue, NW, Suite Educators and Families #1020 www.partnersagainsthate.org/ Washington, DC 20036 publications/hoi_full.pdf Phone: (202) 452-8310 Website: www.partnersagainsthate.org Email: [email protected]

66 Resources

PBS Study Circles Resource Center The California Working Group 697 Pomfret Street, P.O. Box 203 P.O. Box 10326 Pomfret, CT 06258 Oakland, CA 94610-0326 Phone: (860) 928-2626 Phone: (510) 268-9675 Website: www.studycircles.org Website: www.pbs.com/niot/index.html E-mail: [email protected] Email: [email protected] The Study Circles Resource Center pub- The Not In Our Town videos, curriculum lishes two guides. Organizing Community- guides, and organizing kit provide a model Wide Dialogue for Action And Change is a for a broad, community-wide response step-by-step primer on creating dialogues. to hate activity. Since the fi rst national Facing the Challenge of Racism and Race broadcast of Not In Our Town on PBS in Relations: Democratic Dialogue and Action for December 1995 many communities have Stronger Communities, Busy Citizen’s Discussion joined the campaign. Guide, 3rd edition is a fi ve-session discussion guide to help people talk about race relations South Asian American Leaders and racism. Both are study circles guides of Tomorrow (SAALT) available for free download. 305 Seventh Avenue, Floor 15 New York, NY 10001 Victims Assistance Phone: (212) 822-9589 In addition to the organizations already listed Website: www.saalt.org in the resource list for written materials, Raising Our Voices: Resource Guide which consult any of the following organizations accompanies an educational video called and agencies that provide various forms Raising Our Voices: South Asian Americans of direct victims assistance, including legal, Address Hate, offers tips on developing mental health and community support. This workshops and facilitating dialogue. SAALT is only a partial listing. also offers assistance to organize workshops. Asian American Legal Defense and Southern Poverty Law Center Education Fund 400 Washington Avenue The fi rst legal organization serving APAs Montgomery, AL 36104 on the East Coast, AALDEF offers free legal Phone: (334) 956-8200. assistance to hate crime victims. Website: www.splcenter.org 99 Hudson Street Two easy-to-read guides, Ten Ways to Fight 12th fl oor Hate: A Community Response Guide and 101 New York, New York 10013 Tools for Tolerance: Simple Ideas for Promoting Phone: (212) 966-5932 Equity and Celebrating Diversity, are fi lled Email: [email protected] with best community practices that can be Website: www.aaldef.org downloaded free from a leading organization especially well-known for their monitoring work against hate groups.

67 Responding to Hate Crimes: A Community Action Guide

Asian Community Mental Health Asian Pacifi c American Legal Center Services - Alameda County The largest nonprofi t organization serving 310 8th Street, Suite 201 Asian Pacifi c Americans in Southern Oakland, CA 94607 California, APALC staffs a hate crime unit Phone: (510) 451-6729 to respond to hate crimes. Email: [email protected] 1145 Wilshire Boulevard, 2nd Floor Website: www.acmhs.org/index.htm Los Angeles, CA 90017 Phone: (213) 977-7500 Asian Community Mental Health Website: www.apalc.org Services - Contra Costa County Hotlines: 12240 San Pablo Avenue The Asian Language Legal Intake Project Richmond, CA 94805 (ALLIP) hotlines are available to provide Phone: (510) 970-9751 assistance to Southern California residents Email: [email protected] with the following language needs: Website: www.acmhs.org/index.htm Chinese (Mandarin & Cantonese): (800) 520-2356 Asian Counseling and Referral Service Khmer: (800) 867-3126 - Main Offi ce Korean: (800) 867-3640 720 8th Avenue South, Suite 200 Vietnamese: (800) 267-7395 Seattle, WA 98104 Phone: (206) 695-7600 Chicago Lawyers’ Committee for Civil TTY: (206) 695-7608 Rights Under Law, Inc.’s Project to Website: www.acrs.org Combat Bias Violence A public interest law consortium of Chicago’s Asian Counseling and Referral Service leading law fi rms, the organization offers - Bellevue Offi ce free legal representation. 12828 Northup Way, Suite 100 100 North LaSalle Street Suite 600 Bellevue, WA 98005 Chicago, Il 60602-2403 Phone: (312) 630-9744 Asian Law Caucus Website: www.clccrul.org The oldest legal and civil rights nonprofi t organization serving APAS, ALC offers The Coalition Against Hate Crimes direct legal assistance to hate crime victims c/o Dr. Randy Blazak 939 Market St., Suite 201 Portland State University San Francisco, CA 94103 Portland, OR Phone: (415) 896-1701 Phone: (503) 725-8502 Website: www.asianlawcaucus.org Email: [email protected] Website: www.againsthate.pdx.edu

68 Resources

Hate Free Zone Washington The commission has trained staff knowl- Formed as an immediate response to hate edgeable about the special concerns of hate crimes and discrimination from individu- crime victims to offer them assistance and als and government policies targeting Arabs, also issues an annual hate crime report. Muslims, South Asians and other communities 320 West Temple Street following September 11, 2001. Engages in Suite 1184 direct services, political advocacy, education Los Angeles, CA 90012 and training and community mobilization Phone: (213) 893-0810 1227 S. Weller St. Suite A Email: [email protected] Seattle, WA 98144 Website: http://humanrelations.co.la.ca.us/ Phone: (206) 723-2203 programs/hcva/hcva.htm Hotline (hate crime reports): 1 (866) 439-6631 National Asian American Pacifi c Email: [email protected] Islander Mental Health Association Website: www.hatefreezone.org The NAAPIMHA website posts a national directory of APA agencies providing mental Human Rights Commissions health services at www.naapimha.org/ Check with your local, county, state gov- directory/index.html. ernments for human rights commissions, 1215 19th Street Suite A which are government agencies that often Denver, Colorado 80202 address hate crimes in coalition with Phone: (303) 298-7910 nonprofi t and community groups. Further, Email: [email protected] some human rights commissions produce Website: www.naapimha.org their own hate crime reports.

National Center for Victims of Crime Illinois Asian American Hate Crime This resource and advocacy organization Network provides help, information about options, 5415 Clark Street and referrals to local services anywhere in Chicago, IL 60640 the country. Phone: (773) 728-7170 2000 M Street NW, Suite 480 Washington, DC 20036 Los Angeles County Commission on Phone: (202) 467-8700 Human Relations’ Hate Crime Victim Hotline: 1-(800) 394-2255 Assistance Initiative Website: www.ncvc.org The LACCHR Hate Crime Victim Assistance Initiative works with local community-based organizations to provide the following services: educating specifi c underserved populations to recognize and report hate crime; assisting victims in accessing culturally and linguistically appropriate services; and advocating on behalf of victims to ensure that their cases are vigorously investigated and prosecuted as hate crimes.

69 Responding to Hate Crimes: A Community Action Guide

National Crime Victim Bar Sikh American Legal Defense and Association Education Fund NCVBA, affi liated with the National A national nonprofi t that offers a legal Center for Victims of Crime, provides assistance line, attorney referrals and free advice on fi nding, selecting and working legal assistance. with an attorney. NCVBA also is a resource 1413 K Street, NW for attorneys and victim advocates. 5th Floor 2000 M Street, NW, Suite 480 Washington, DC 20005 Washington, DC 20036 Phone: (202) 393-2700 Phone: (202) 467-8753 Email: [email protected] Hotline: 1-800-FYI-CALL Website: www.saldef.org E-mail: [email protected] Website: www.ncvc.org South Asian Network Civil Rights Unit National Organization for Victim 18173 S. Pioneer Blvd, Suite I Assistance Artesia, CA 90701 Provides victim services and assistance to Phone: (562) 403 0488 x 104 professional victims assistance providers. Website: www.southasiannetwork.org 510 King Street, Suite 424 Alexandria, VA 22314 Southern Poverty Law Center Hotline: 1-800-879-6682 A nonprofi t well known for its work against Phone: (703) 535-NOVA hate crimes, SPLC takes on legal cases Website: www.trynova.org against hate groups and also some immigration rights cases. New York City Gay and Lesbian 400 Washington Avenue Anti-Violence Project Montgomery, AL 36104 240 West 35th Street, Suite 200 Phone: (334) 956-8200 New York, NY 10001 Website: www.splcenter.org Phone: (212) 714-1184 Hotline: (212) 714-1141 Website: www.avp.org

New York Coalition for Asian American Mental Health Directory A service directory is posted on www. asianmentalhealth.org/aabhsd.asp. C/O Two Bridges 275 Cherry Street New York, NY 10002 Phone: (718) 221-7316 Email: [email protected] Website: www.asianmentalhealth.org

70 Resources

Evaluation

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71 Responding to Hate Crimes: A Community Action Guide

acknowledgements

Second edition The Organization of Chinese Americans (OCA) produced Responding to Hate Crimes: A Community Action Guide, second edition. OCA acknowledges The Allstate Foundation for its continued support to produce a second edition of the guide, as well as the community hate crime workshops that OCA sponsors annually with its local chapters.

Editor: Aryani Ong Line Editor: Jim McCallum Copy Editor: Fran Pfl ieger Graphic Design: Nayman Design Printer: Harris Lithographics, Inc.

OCA thanks the following expert reviewers for their editorial guidance: • Muninder Kaur Ahluwalia, Alvin Alvarez, Karen Y. Chen, Members, Asian American Psychological Association, Washington, D.C. • Dr. Randy Blazak, Chair, The Coalition Against Hate Crimes (CAHC), Portland, OR. • Joyti Chand, Community Advocate, Civil Rights Unit, South Asian Network, Artesia, CA. • Kim Fountain, Ph.D., Director of Community Organizing and Public Advocacy, New York City Gay and Lesbian Anti-Violence Project, New York, NY. • Sharee M. Freeman, Director, Community Relations Service, Department of Justice, Washington, D.C. • Roland Hwang, OCA National Board member (2006); Executive Vice President, OCA-Detroit chapter (2006); President, OCA-Detroit chapter (1982); Chair (2006), President (1992-94), Treasurer (1983), American Citizens for Justice, Northville, MI. • Michael Lieberman, Washington Counsel and Director, Civil Rights Policy Planning Center, Anti-Defamation League, Washington, D.C. • Brian Willoughby, Managing Editor, Teaching Tolerance, A program of the Southern Poverty Law Center, Montgomery, AL.

First edition Responding to Hate Crimes: A Community Action Guide was born out of a collaborative relationship between OCA and The Allstate Foundation. OCA acknowledges The Allstate Foundation for its generous support for the creation of the guide, as well as the community hate crime workshops that OCA sponsors annually with its local chapters.

Editor: Aryani Ong Copy Editors: Aryani Ong, Anh Phan Writers, Researchers: Jeanette Moy, Aryani Ong Graphic Designer: Naomi Tacuyan Printer: Harris Lithographics, Inc.

OCA thanks the following expert reviewers for their editorial guidance: • Michael Lieberman, Washington Counsel and Director, Civil Rights Policy Planning Center, the Anti-Defamation League, Washington, D.C. • Melissa Bailey, Community Support & Services Director, the Hate Free Zone Washington, Seattle, WA. • Kathay Feng, Executive Director, California Common Cause, Los Angeles, CA; OCA Executive Council Member (2003-present); former Director / Attorney, Voting Rights and Anti-Discrimination Unit, the Asian Pacifi c American Legal Center, Los Angeles, CA. • William Yoshino, Midwest Director, the Japanese American Citizens League-Midwest Region Offi ce, Chicago, IL. • Cheryl Tyiska, Deputy Director, the National Organization for Victim Assistance, Alexandria, VA.

72

Vincent Chin’s Story / Lily Chin: Te Courage to Speak Out

Photo: Lily Chin speaks at a news conference in 1983 at historic Cameron House in San Francisco’s Chinatown. Rev. Jesse Jackson took time from his presidential bid to show support for the national campaign to seek Justice for Vincent Chin. Pictured on stage, lef to right: Henry Der, Edward Lee, Rev. Jackson, Lily Chin, Butch Wing, Helen Zia, Mabel Teng, Alan Yee. Vincent Chin’s Story / Lily Chin: Te Courage to Speak Out Families Organize against Hate Crimes 35

Vincent Chin’s Story / Lily Chin: Te Courage to Speak

Helen Zia n June 19, 1982, Vincent Jen Chin and a few close friends were out on a warm summer evening in Detroit, Michigan, to celebrate his upcoming wed- Oding with an all-American bachelor party. Te early 1980s were a time of deep economic depres- sion, when a massive oil crisis made it difcult for people to drive big Detroit-made gas guzzling automobiles. Instead, Americans were buying smaller and fuel-efcient Japanese cars — and hundreds of thousands of autoworkers in De- troit were unemployed, losing their jobs and their homes. Many business and political leaders pointed their fngers toward the Pacifc and blamed Japan, inciting racial-hatred against anyone who looked Japanese, rather than taking responsibility for their own failed policies.

advancing justce-la.org 2 aasc.ucla.edu Untold Civil Rights Stories: Asian Americans Speak Out for Justice Vincent Chin’s Story / Lily Chin: Te Courage to Speak Out 36 Untold Civil Rights Stories

“Lily Chin found the strength to speak to thousands of people at community gatherings, rallies and demonstrations across the country, and even to appear on television.” – Helen Zia on Lily Chin

t the bar where Vincent and his friends went the two killers — the frst time the federal govern- to celebrate, two Anglo autoworkers blamed ment ever pursued a civil rights claim on behalf of the Chinese American for Detroit’s difcul- an Asian American person. Although Ebens, the one Aties. Tey called Chin racial slurs. He fought back who swung the bat at Vincent’s head, was found guilty and they chased him through the streets of Detroit. in federal court, his conviction was later overturned When the night was over, the two Anglo men, Ronald without either killer spending a day in jail. Ebens and Michael Nitz, beat Vincent Chin to death Lily Chin was devastated and grief-stricken afer by swinging a baseball bat to his head several times. the brutal killing of her only child. When she learned His 400 wedding guests went to his funeral instead. that Vincent’s killers would go free with only proba- Several months later, the two men were in crimi- tion and fnes, her heart broke again. Yet she found nal court, waiting to receive their punishment afer the strength to speak to thousands of people at com- they were found guilty of Vincent Chin’s slaying. Te munity gatherings, rallies and demonstrations across shocking sentence: probation and $3,000 in fnes for the country, and even to appear on television. Ofen brutally beating another human being to death. Te speaking through tears, Lily Chin would say, in halt- two Anglo men didn’t spend a single day in jail for ing English, that she didn’t want any other mother to their violent and deadly crime. lose their child as she did. People everywhere were outraged that these kill- Tese and many other examples of Lily Chin’s ers got away with murder. Chinese Americans and bravery inspired Asian Americans of all ages and other Asian Americans were especially angry that the backgrounds to speak up against hate crimes in court would allow a hate crime against an Asian per- their own communities. Numerous Asian American son go unpunished. For many Chinese Americans, it groups all over the country organized for equal jus- was just like the frontier “justice” of the 1800s, when tice and against hate violence because of Lily Chin’s a white man could kill an Asian person with impu- willingness to raise her voice. An Academy Award- nity. nominated flm called “Who Killed Vincent Chin?” Because of this injustice, many people in the documents her role in motivating the movement Asian American community of southeastern Michi- against anti-Asian violence and racism. gan organized a national civil Sadly, Lily Chin died afer rights movement to reach out a long illness in 2002, twenty to people all across America. years afer her son was killed. Vincent Chin’s mother, Lily She did not live to see justice Chin, an immigrant from Chi- done for her son, but she had na who spent a lifetime of hard the love and support of the work in restaurants, laundries many people whose lives were and factories, became the mor- touched by her. Lily Chin’s sis- al conscience of this national ters asked me to deliver the eu- campaign. Te goal was simple: logy at her funeral. I did so with that people of Asian descent in much sorrow in my heart — and America should be treated as with the conviction that Lily full human beings, with equal Chin’s spirit continues to live justice, fairness and dignity. on, teaching all how one person Te campaign eventually who speaks truth to power can forced the federal government spark a movement to change the

to seek a civil rights trial against Photo: Vincent Chin, credit: © Estate of Vincent Chin. world.

advancing justce-la.org 3 aasc.ucla.edu Untold Civil Rights Stories: Asian Americans Speak Out for Justice Vincent Chin’s Story / Lily Chin: Te Courage to Speak Out Families Organize against Hate Crimes 37

Eulogy for Mrs. Lily Chin worked nights as a waiter. It was right afer Judge June 15, 2002, William Sullivan Funeral Home, Charles Kaufman let Vincent’s killers of with proba- Southfeld, Michigan tion and a fne for their brutal hate crime. Mrs. Chin sat in the back of the room as people f Lily Chin were to sit up right now and look at discussed the legal options. Everyone could hear her us, I know that her eyes would get wide and they sobs throughout the meeting. But then, when it was would fash that special, almost mischievous, unclear what direction the community might take, Ispark that she had. She’d give us a smile as wide as Mrs. Chin stood up and said in her frm voice, “We this room and she’d say, “Waaahhh, look at so many must tell the American people this is wrong.” people here today. Why you all come and see me?” In that moment, everyone could feel Mrs. Chin’s She would say, “You make my heart very happy,” and courage and strength. Even in her deepest personal then she would try to feed us all, every one of us. pain, she was able to stand up and press forward. It Mrs. Chin was like that — friendly, warm, gener- would have been far easier for Mrs. Chin to sufer ous, and funny. She was a person who loved people, privately than to bare her raw feelings over and over especially children. She was always happy to have vis- again. She relived the details of her son’s terrible trag- itors and to hear the latest news in their lives. She was edy hundreds of times, telling the story to strangers, very close to her large extended family and she also to reporters, to television cameras, and to Phil Dona- loved to connect to the families of the people she met. hue on national TV — each time reliving the pain, all She would never fail to ask, “How’s your Mama?” Or, in the pursuit of that elusive thing called justice. “How’s the baby?” Te Pledge of Allegiance that Mrs. Chin took so You could count on Mrs. Chin to tell it like it is long ago when she became an American citizen con- — if she hadn’t seen you in a while, she might say, tained a promise: “with liberty and justice for all.” with a grin, “Eh, you look like 10 pounds heavier.” Or, Mrs. Chin knew very well what that meant and she “Oh, you look so skinny. Better eat more.” Or she’d wasn’t fghting for her son alone. She declared from say, laughing, “Tose shoes — looks like a duck.” the very beginning that she hoped that no other She was very observant and sharp; she knew what mother would have to feel the pain that she did, los- was going on around her. She read the Detroit Free ing a child to violence and bigotry. Press and the Detroit News — in English, of course. Some people call Mrs. Chin the “Rosa Parks of She also read the Chinese language newspapers. She Asian Americans” — and she was indeed. She stood was very up on current events. And she knew ev- up and refused to accept what was handed to her. erything that was happening with her son Vincent’s Her courage rang through her grief, touching all who case. could hear. For me and hundreds and thousands of Tat’s how Mrs. Chin was, and I feel very blessed others, it was a call heard far and wide, uniting Asian to have known her. Many people only saw Mrs. Chin Americans and people of conscience across this coun- through the media, in her terrible grief and sadness, try. over the tragic death and injustice of her beloved son Her dignity, strength, and bravery stood in sharp Vincent. I also frst got to know Mrs. Chin during contrast to those who said that nothing could be done, that shocking time. that we had to accept another ‘Chinaman’s chance.’ I met Mrs. Chin at a small meeting at the Gold- Mrs. Chin stood up to show millions of Americans en Star Restaurant in Ferndale, where Vincent had that something could indeed be done.

“Some people call Mrs. Chin the ‘Rosa Parks of Asian Americans’ — and she was indeed. She stood up and refused to accept what was handed to her.”

advancing justce-la.org 4 aasc.ucla.edu Untold Civil Rights Stories: Asian Americans Speak Out for Justice Vincent Chin’s Story / Lily Chin: Te Courage to Speak Out 38 Untold Civil Rights Stories

I’m sure Mrs. Chin never imagined that she would Mrs. Chin was everyone’s mother, grandmother, become the symbol of moral courage to a civil rights sister, auntie. She paid special attention to the small movement that would reach around the world. When children of so many of the ACJ volunteers who were she came to America in 1947 as the bride of David young parents back then. I think her favorite hobby Bing Hing Chin, they didn’t have much in material was matchmaking — she was always trying to fnd wealth. She told me stories about her life working in a matches for the single, unmarried people she met. small laundry with her husband in Highland Park in Mrs. Chin would try to show her thanks in any the 1950s. Tey laundered shirts for a few cents, and way she could to all of the many people who had sometimes they were lucky if they cleared two dollars fought for justice with her. I know Mrs. Chin would for the day. Later on, they worked in Chinese restau- want me to say now, again and again, that she was es- rants, and when her husband retired, she took a job at pecially grateful to people of all colors, religions, and a factory on 11 Mile Road, where she assembled snow backgrounds from all over America, and especially brushes and ice scrapers for cars. here in the Detroit area. She was very familiar with She lived an honest life that resonated with so the groups that were there in the beginning, such as many other Americans. For an Asian American like the Detroit Chinese Welfare Council, the Association me, Mrs. Chin’s story struck a deep chord. Her family of Chinese Americans, the Japanese American Citi- story could have been my story, could have been so zens League, and the Detroit Chinese Church. Above all, the American Citizens for Justice held a special many of our family stories — sure, diferent faces in place in her heart. She was deeply appreciative to so diferent places — but it was the same struggle and many individuals and organizations that are too nu- the same spirit of building a life in America. merous to mention here. I never heard Mrs. Chin complain about her life. By 1987, the legal cases were over and Mrs. Chin Not once. She wasn’t a victim — she was a doer and a decided to move to China, it was just too sad for her fghter in every way. When it came to fghting for the to stay in America. It was a good move for her — her check at a restaurant, Mrs. Chin could get down and elderly mother was still living then, and in the last 15 wrestle anyone to the ground — she was tougher than years, Mrs. Chin was able to travel on tours to Eu- a cowpoke at rodeo. Tat’s how Mrs. Chin was. She rope, Australia, and in Asia. We wrote to each other had a backbone of steel and a heart of gold — she was and I thought I’d share a few lines from some letters generous and giving. Now, that didn’t mean she was she wrote to me: a spendthrif, because she knew how to watch for the bargains. But she was always making gifs for other 1987 — Dear Helen, how are you? I feel very well. people. And could she ever knit! She could knit a vest I stopped in Hong Kong for 10 days in October went to or a sweater in a day or two — a scarf, in a blink! She Canton. My Mama is very happy to see me. I buy new was always making something to give to someone. furniture. Te price is cheap. Te weather is good. And then, there was food. Mrs. Chin was a won- derful cook who only used the freshest vegetables — 1989 — Dear Helen, I have your letter. I am OK in she would even grind her own meat. In fact, she was Guangzhou. Canton is good. Don’t worry about me, I always whipping up delicious meals for friends, fami- can take care of myself. Te weather is very hot. Two lies, and the lawyers and volunteers who would ofen weeks ago I got a letter related to Vincent. Do you un- stop by her house on Gardner Street in Oak Park. derstand? Tank you.

“Her dignity, strength, and bravery stood in sharp contrast to those who said that nothing could be done, that we had to accept another ‘Chinaman’s chance.’ Mrs. Chin stood up to show millions of Americans that something could indeed be done.”

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Photos, lef: Lily Chin at the podium with Rev. Jesse Jackson looking on. Right: One of many rallies across the U.S. calling for Justice for Vincent Chin. © Estate of Vincent Chin.

“Lily Chin’s story could have been my story, it could have been so many of our family stories — diferent faces and diferent places, but the same struggle and same spirit of building a life in America.” – Helen Zia on Lily Chin

1994 — Te house in Canton had to be torn down. people of the Farmington Hills Health Care Center I moved to Hoi Ping. I got many cousins and the town came to her assistance. looks great. I moved to a fat. Te decoration is nice. If Lily Chin were to sit up right now and smile I’m fne and healthy. Tanks to all and say hello to my with that sparkle in her eyes, she’d say, “Waaahhh, friends. look at so many people here today. Why you all come to see me?” I was able to visit her in China. We went on walks Mrs. Chin, we’re here to thank you for touch- through Hoi Ping (Mandarin: Kaiping) together, and ing our lives with your courage, your strength, your she seemed to know everybody. People would stop dignity, your friendship and love. We came to let you her to say hello, and they’d exchange news and jokes. know that you didn’t fght alone and that we will con- Mrs. Chin showed me the school she helped build tinue to work for justice for all. We came to give you with the little bit of money lef from Vincent’s case. our love and we are so glad that you are at peace now; She also wanted to continue the scholarship in Vin- that you are together with your husband and with cent’s name that is administered through ACJ. I hope your beloved son Vincent. you’ll all donate to it and help spread the word. I know Mrs. Chin is saying to us now, “You make Last year, Mrs. Chin came back to Michigan for my heart very happy.” medical treatment. She didn’t want people to know about her illness. She fought valiantly to stay as inde- Postscript: pendent as she could, and she was able to do so with the love and care of her sister Amy Lee, her niece n the years since Lily Chin’s death, I ofen think of Jenny and nephew Lewis and their families, who all her — especially her laughter, the way she got ex- watched over Mrs. Chin around the clock during these Icited, eyes sparkling, when she was about to make difcult months. Mrs. Chin was also able to fnd some a funny observation about something she had seen or spiritual peace through church. She was baptized heard. We had developed a close relationship over the into the Farmington Hills Chinese Bible Church last years and long ago we decided that I should call her Tanksgiving, and she found a lot of comfort from “Godmother.” She was indeed motherly to me and Reverend Tsang and her fellow parishioners. When others around her, always looking afer other people. she couldn’t take care of herself anymore, the good Knowing this about her only deepened my sense of

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“I’m sure Mrs. Chin never imagined that she would become the symbol of moral courage to a civil rights movement that would reach around the world.” – Helen Zia on Lily Chin

Photo: Lily Chin, credit: © Estate of Vincent Chin.

her loss with the murder of her only child as well as Asian American has been living a comfortable life in the loss of grandchildren she would never enjoy. Nevada. But Lily Chin’s estate has remained open so Mrs. Chin’s special caring qualities and honesty that Ebens will never be free of his obligation to pay made her the kind of person whom others looked up for the injuries caused by his hate-motivated crime. to and were willing to follow — an inspiring leader It is also disturbing to hear the occasional voices with her courage, forthrightness, and integrity. She that claim anti-Asian racism had nothing to do with was so much more than a symbol of injustice and a Vincent’s death. In addition, there have been many mother’s grief, which were the images that the media cases involving members of law enforcement, public had captured so movingly. ofcials and the media, who automatically deny that One of the saddest and most difcult things I’ve race or discrimination plays a factor when a hate crime ever done was to tell Mrs. Chin that the civil rights against an Asian American occurs, even if they know case was over, lost. When she heard that there were little or nothing about Asian Americans. Such atti- no more legal avenues to pursue, she turned to me tudes exist among too many people who are ignorant and asked, “Helen, is there anything else we can do?” about the racism that Asian Americans encounter in I had to answer, “No, there’s nothing more with the American society. Tis ignorance must be overcome civil rights case.” Ten I watched as the pain and dis- through education. But when authority fgures with appointment washed over her. power and infuence hold such views, their attitudes Tere is still unfnished business in the quest for are harmful to Asian Americans and to the ideal of justice for Vincent Chin. Afer the civil rights trial fair and equal treatment in a civil society. was over, there was one more court case, involving For example, playwright Cherylene Lee wrote a the monetary loss from taking Vincent Chin’s life. A moving play about the hate crime against Vincent civil judge assessed the killers with a sum of money Chin in her drama Carry the Tiger to the Mountain. liability that the killers would have to pay Lily Chin It was frst staged near Washington, D.C. — in a fes- for the loss of her son. tival that had never shown an Asian American play Ronald Ebens told reporters that he would nev- before. For some reason, the festival organizers de- er pay Mrs. Chin as the court ordered. He soon lef cided to invite Ebens’ attorney to write a comment Michigan and moved to Henderson, Nevada, without in the program notes. His attorney wrote that Vin- telling the Michigan court his new location, making cent Chin could have been killed by striking his head it possible for him to avoid paying his court-ordered on the pavement, not from Ebens pounding his head obligation to Lily Chin. Te convicted killer who nev- with the baseball bat — and therefore no racism was er spent a day in jail for his vicious attack against an involved. Even though this commentary contained

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Photo: Vincent, credit: © Estate of Vincent Chin. “Lily Chin’s bravery inspired Asian Americans of all ages and backgrounds to speak up against hate crimes in their own communities.” – Helen Zia on Lily Chin

many false statements that were contrary to the court certainly played a signifcant role in Vincent Chin’s testimony of several eyewitnesses, including two po- case and the fact that a judge and a jury allowed his lice ofcers, the festival organizers published it any- killers to go free. way. It was as though a play about the Holocaust in- Lily Chin stood up to all of these doubters and cluded notes from a Holocaust denier, or a play about proved them wrong. Te courage and willingness of slavery included comments from someone who claims this Chinese immigrant mother to speak out, despite that lynchings never took place. her grief, continues to inspire people to keep up the Tese comments in the play’s program became fght for justice, against hate and violence in all its compounded when a theater critic wrote about the forms. Because of her brave stand and the hard work play in the Washington Post, an infuential newspaper of American Citizens for Justice and so many voices around the country, new generations of activists and

read by many political leaders and policy makers. Te and UCLA AASC Press - Los Angeles Justce Advancing Asian Americans ©2009 by Copyright critic gave the play about Vincent Chin a negative re- advocacy organizations are still growing and evolv- ing. view — because, he wrote, Ebens’ attorney said it was Lily Chin reminds us that there is still much to doubtful that race had anything to do with Vincent’s be done, and that there is a terrible price to pay if we death. don’t speak up. Lily Chin, a dear mother who immi- Some people continue to believe and to perpetu- grated from China and spent a lifetime working in ate the harmful notion that Asian Americans are the restaurants, laundries and factories so that her son “model minority” that does not encounter racism, could have a better life, showed us what is possible — discrimination or hate crimes. Tis widely held ste- and what we are all capable of. Her shining example reotype has caused much damage to Asian Ameri- of standing up and speaking out, even when it is most cans, making it difcult to get attention for the needs difcult, is an inspiration for all people who value of Asian American communities. Te stereotype that fairness, equality and justice in society. Asians in America are not targets of racial violence © 2008-2009 by Helen Zia

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A Family Educates to Prevent Hate Crimes: Te Case of Joseph Ileto A Family Educates to Prevent Hate Crimes: Te Case of Joseph Ileto Families Organize against Hate Crimes 43

A Family Educates to Prevent Hate Crimes: Te Case of Joseph Ileto

Stewart Kwoh found myself at the funeral of Joseph Ileto, a Filipino American postal worker who had been gunned down in a racially motivated shooting in the greater Los IAngeles area. Little did I know at the time that Joseph’s brother, Ismael, and the rest of his family would become dynamic spokespersons against all forms of hate crimes, crisscrossing the U.S., speaking out and extending their hands to gays and lesbians, Jews and Muslims, and African Americans and Latinos who also were victimized. 1. Why Was Joseph Ileto a Hate Crime Victim? On August 10, 1999, Joseph Santos Ileto, a Filipino American postal worker was gunned down along his Chats- worth route by a self-professed white supremacist named Buford O. Furrow. Just hours afer Furrow fred shots into a playground full of children at the North Valley Jewish Community Center (NVJCC) in Granada Hills, the killer encountered Joseph, who happened to be covering another mail carrier’s route that day.

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“Why can’t they see us?” – Te Ileto Family

urrow approached Joseph and asked him to a few more times before fnally escaping himself. Jo- mail a letter for him. As Joseph agreed to mail seph died from gunshot wounds to the chest and one the letter, Furrow pulled out his gun and shot to the back of the head and was the only fatal victim F during Furrow’s rampage. Te day immediately afer Joseph nine times. Furrow later confessed that he killed Joseph because he looked Latino or Asian and the shootings, Furrow turned himself in to the au- because he was a federal employee. Furrow also stated thorities and confessed his guilt. that Joseph’s racial background and employment with Kuya — Who Was Joseph Santos Ileto? the government made him a good “target of opportu- nity.” As Joseph tried to run away, the killer shot him o his family, Joseph was fondly known as Jojo or Kuya, a Filipino term of respect for an el- dest brother. With the death of their father at anT early age, Joseph played a central role in the house- What is a hate crime? hold. A flial son, a devoted brother and brother-in- law, Kuya was an honest and modest man who never The California Attorney General’s Civil hesitated to help others. Ismael Ileto, Joseph’s younger Rights Commission on Hate Crimes Final brother, recounted an incident where Joseph helped Report, March 2001, defnes a hate crime the local sanitation workers when they came around as: “Any act of intimidation, harassment, on their shif. “Tat’s their job,” Ismael recalls saying, physical force or threat of physical force di- but that did not stop Joseph from helping those men. rected against any person, or family, or their At 39, things were going well in Joseph’s life. property or their advocate, motivated either While attending California Polytechnic at Pomona in whole or in part by hostility to their real or for an Engineering degree, Joseph went to work at perceived race, ethnic background, national the United States Postal Service. An avid chess player, origin, religious belief, sex, age, disability, Joseph had been featured occasionally in magazines or sexual orientation, with the intention of and newspapers for his accomplishments. Joseph had causing fear or intimidation, or to deter the also just become an uncle as his brother Ismael and free exercise or enjoyment of any rights or his sister-in-law Deena celebrated the arrival of their privileges secured by the Constitution or son, Kyle. Close to his younger twin sisters Carmina and Raquel, and his loving mother Lilian, Joseph was the laws of the United States or the State of the family’s big brother, their Kuya, in every sense of California whether or not performed under the word. color of law.” Joseph’s death falls within Around the time of Joseph’s death, the national the scope of this defnition because he was media had prominently focused on the brutal hate singled out and killed based on the color of crimes perpetrated against an African American his skin. man in Texas named James Byrd, and a gay man in Wyoming named Matthew Shepard. In the wake of these murders, the Iletos were aware that hate crimes

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Photo: the Ileto family, seated, from lef: nephew Kyle, sisters Carmina and Raquel, sister-in-law Deena and mom Lilian. Standing behind the family are, from lef, Chris Komai of the Japanese American National Museum, the Hon. Judy Chu, L.A. Mayor Antonio Villaraigosa and Ismael Ileto at the APALC Commemoration Event for Joseph Ileto in August 2005.

“Before, we would watch TV thinking that hate crimes would never happen to us or, good thing, we don’t live in that area.” – Deena Ileto, sister-in-law were happening but it never occurred to them that cal and national media’s greatest concern. Five people someone in their own family could become a victim. in the NVJCC shooting were seriously hurt and foot- “We never even got the chance to say goodbye. age of young children being led out by the police were I want to tell him that we miss his company and I the recurring images sensationalized on television hope he can see that we’re doing our best to honor throughout the day. Te brutal murder of Joseph and his name,” Ismael said, fghting back tears, “I want the shooting at NVJCC, both disturbingly violent, people to remember my brother Joseph not just as a were reported as almost unrelated events. Te mur- hate crime victim, but for what his name stands for: der of the Filipino American postal worker received J.O.S.E.P.H.I.L.E.T.O. Join Our Struggle; Educate and minimal news coverage. Prevent Hate; Instill Love, Equality and Tolerance for Te media’s consistent failure to adequately cover Others.” anti-Asian Pacifc American (APA) incidents can ex- 2. U.S. Media Fails to Cover Hate Crimes plain the public’s general lack of awareness of anti- APA violence. In 1999, although four racially moti- Against Asian Americans vated murders against Asian Americans occurred, s the Ileto family received the shocking news only those that involved other religious and racial of Joseph’s death that summer afernoon, minorities such as the shooting of fve at the Jewish coverage of a crazed lone gunman emptying Center along with the Joseph Ileto killing received bulletsA into a playground full of children was the lo- public attention.

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Asian Pacifc American victims ofen receive less coverage than the victims from other racial groups. To a large extent, Asian cultures deem family matters to be private and many hate crimes against those of Asian descent have gone unreported. Because it holds the power to infuence public perception, the media’s failure to report anti-Asian violence results in incom- plete and inaccurate understandings of the nature and true extent of the problem. Enraged to fnd Joseph’s death being ignored, the Iletos decided to break their silence. Tus, this began the family’s transition into the spotlight of anti-hate crime activism. 3. An Ordinary Family Speaks Out Civil Rights Violation Penalties to Educate the Public On February 6, 2003, more than three and smael Ileto, Joseph’s brother, became the family a half years after the tragic death of Joseph, spokesperson in the wake of the tragedy, and con- the California Fair Employment and Hous- tinues to be a speaker against hate crimes today. ing Commission ruled that Furrow violated IHowever, taking on this role did not come naturally Joseph’s civil rights and caused extreme to him. emotional distress to his family. The Com- As a student at California State University, Los mission ordered Furrow to pay $150,000 in Angeles, Ismael Ileto was neither a political or social compensatory damages and $25,000 in civil activist nor an outspoken speaker. Ismael had once penalties to the estate of Joseph. This was joined a protest of the brutal Detroit hate killing of the frst time that the maximum penalty Vincent Chin, but that was the only form of activ- was awarded for a hate violence case under ism he had participated in while in college. Further- California’s Ralph Civil Rights Act. The Com- more, politics was not a large concern to the Iletos. Hate crimes, especially, seemed to be a distant issue mission’s decision to order the maximum for them. Ismael admitted, “For some reason, we al- penalty was based on the coroner’s deter- ways feel that somebody else is already doing the job. mination that Joseph experienced tremen- Tere is no need for us [to be politically and socially dous emotional and physical trauma in the active].” minutes before he died and because of the Tat all changed on August 10, 1999. severe nature of the hate violence expressed Ismael realized that he would have to be his in this case. brother’s silenced voice. “We’ve come to realize that It is unlikely Joseph’s family will receive we have to do it for ourselves, for Joseph,” Ismael said. any money from Furrow. However, the ruling “No one else is going to do it [hate crime awareness].” is important because it sets a precedent for Te loss of Joseph sparked a determination in the families of hate crime victims to get fnancial family to fnd the strength to speak out to others. redress. Joseph Duf, the housing agency’s “Before, we would watch TV thinking that hate crimes would never happen to us or, good thing, we senior staf counsel who presented the don’t live in that area,” Deena Ileto, Joseph’s sister-in- case, said “the ruling afrms the power of law, explained. “And then it happened to us. It was this department to bring action on behalf shocking. You come to the realization that there is no of victims’ families. It sets a legal and social type of area and no one is safe when hate is all around precedent that will beneft future hate crime us. Afer Joseph’s death, we realized that we needed to victims in California.” do something. We owed it to (Joseph).” Experienced in dealing with tragedy in the public arena, Jewish activists promptly activated a well es-

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“You shouldn’t be embarrassed, you should be enraged.” COURTESY APALC PHOTO OF – Ismael Ileto

Photo: Ismael Ileto, above, fourth from lef.

tablished network to rally together afer the shooting exclaimed that she was terribly embarrassed, and in a spree. Te Iletos, who deeply sympathized with the way, hoped there were no other Filipinos there to wit- Jewish victims of the shooting spree, were afraid that ness that her son Joseph was not acknowledged. Joseph’s tragedy would be ignored. Tis was not just “You shouldn’t be embarrassed, you should be an anti-Semitic attack, it was also an anti-Asian one. enraged,” Ismael recalled telling his mother. Deena Te Ileto family quickly came face to face with the remembers asking: “Why are they oblivious to us invisibility that Asian Pacifc American hate crime when we are sitting right in front of them?” It was victims and their loved ones routinely experience. as if people would only recognize the Iletos or Asian Te family soon became frustrated, and began ask- American hate victims if they stood up and made ing the question, “Why can’t they see us?” Despite the noise. fact that the family was invited to events and memo- Tat incident at the bill signing only served to gal- rials where politicians and the media would express vanize the Ileto family’s quest to include Joseph and their condolences, when it came time to making pub- other Asian American hate victims in the national lic comments about the August 10th tragedy, no one dialogue on hate crimes. Today, the Iletos spend all mentioned Joseph or the fact that he was an APA. of their free time, vacation time, and days of dedi- cated to educating people about hate crimes and how 4. Making Hate Crime Victims Visible to prevent them. eventeen days afer the shootings, a gun control In the days following Joseph’s murder, various legislation bill was signed by the governor in civil rights and community-based organizations, to- Los Angeles. Te Ileto family was invited to sit gether with members of the Asian Pacifc American inS the front row and quickly realized that there were and Jewish communities, organized vigils and rallies only a handful of Asian Pacifc Americans in the en- denouncing hate-motivated violence in Los Angeles, tire audience. Governor Gray Davis was there to sign New York, Washington, D.C., San Francisco, Chica- three bills. In his speech, he addressed representatives go, Dallas, and Seattle. Within the Filipino Ameri- of the Jewish community and mentioned the Jewish can community, Jon Melegrito, executive director of Center shooting numerous times, but failed to men- the National Federation of Filipino American Asso- tion Joseph even once. ciations (NaFFAA), said many Filipino Americans “As people were walking out,” recalled Ismael, “think of themselves as model minorities who are not “Governor Davis announced, ‘By the way, the Ileto vulnerable to discrimination, let alone hate crimes.” family is here.’” Lilian Ileto turned to her family and Prosy dela Cruz, a Filipino American organizer, fur-

advancing justce-la.org 6 aasc.ucla.edu Untold Civil Rights Stories: Asian Americans Speak Out for Justice A Family Educates to Prevent Hate Crimes: Te Case of Joseph Ileto 48 Untold Civil Rights Stories ther acknowledged that as a Filipino American, Jo- Attorney General Janet Reno’s approval, U.S. At- seph’s death was something “you don’t expect when torney Alejandro Mayorkas fled the death penalty you come to the United States to pursue the Ameri- notice. Furrow was indicted on hate crimes in the can dream.” Tese were the exact sentiments shared wounding of three boys, a teenage girl, a receptionist by the Iletos. at the North Valley Jewish Community Center and In the wake of Joseph’s death, Joseph’s mother the killing of Joseph (Asianweek.com Jan. 5-11, 2001). Lilian was terrifed to speak up. She feared retalia- Judge Manella imposed on Furrow two life sen- tion from White supremacists. Her fear was not un- tences without possibility of parole, 110 years in pris- founded. Te Iletos have since received vicious hate on, and payment of $690,292 in restitution. Te judge mail and explicit, threatening phone calls. To pro- reprimanded the killer, “If you’ve sent a message, it tect themselves from danger, Ismael and Deena have is that even the most violent crimes can strengthen moved. Because both brothers work for the mail in- a community.” Te family expressed a sense of relief dustry, Ismael, a UPS driver, is especially traumatized knowing that the killer would be forever kept behind by the hate mail. Yet, in spite of the obstacles they have bars. “Although it can’t take away the sorrow and faced, the Iletos remain committed to their cause. pain, or return our brother back to us, at least he is Joseph’s mother (Lilian), brother and sister-in-law kept away from harming another person. I wouldn’t (Ismael and Deena), and sisters (Carmina and Raquel) want any family to go through what we went through tirelessly marched in the streets, attended city council because of him,” Ismael said. Joseph’s mother Lilian meetings, and rallied for stronger federal hate crime says her only peace of mind is that Furrow cannot and gun control laws. In the name of Joseph, the fam- harm another family again. ily turned their sorrow and frustration into power- Te brutal deaths of Joseph and other hate crime ful tools of social activism making it their mission to victims have helped raise the nation’s consciousness support all victims of hate crimes, regardless of race, regarding hate violence. Te Hate Crimes Prevention creed, national origin, or sexual orientation. In doing Act of 1999 (HCPA) was introduced to provide more so, they have successfully built a multi-cultural coali- federal resources to address the problems of hate tion to promote hate crime awareness and hate crime crimes. prevention. Progress halted, however, afer the September 11, 2001, terrorist attacks of the World Trade Center in 5. Obtaining Justice for Hate Crime Victims New York City. Tis was particularly distressing for Asian Americans because of the rise in hate crimes n Catholic school, we are taught to forgive towards South Asians immediately afer Septem- and forget,” Ismael said, “but it’s hard when ber 11. Over 250 bias-motivated incidents targeting your brother’s killer is smiling as he apolo- APA’s have been documented and 96% of those inci- “Igizes in the stand.” Te Iletos’ only desire was for jus- dents involved South Asians. Individuals in universi- tice to be properly served on Furrow. ties, workplaces, and public places have been subject At a time when overt racial discrimination is to racial slurs and threats as well as physical attacks. rarely condoned, such hate killing is “a bitter remind- Almost immediately afer September 11, two Asian er that bigotry is (still) alive,” U.S. district Judge Nora Americans, a Sikh American and a Pakistani Ameri- Manella told the killer. Prosecutors sought the death can, were brutally murdered. While previous racially penalty against white supremacist Furrow. With U.S. motivated assaults involved only male victims, the

“We’ve come to realize that we have to do it for ourselves.” – Ismael Ileto

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“How many more have to die before we’re important enough… for people to listen to our issues?” – Ismael Ileto PHOTO COURTESY OF THE ASIAN PACIFIC AMERICAN SOUTHERN LEGALOF CENTERCALIFORNIA COURTESYPACIFIC ASIAN THE PHOTO OF

Photo: the Ileto family at the APALC Commemoration Event for Joseph Ileto held in August 2005. current trend post September 11 include women and cerns of such hate motivated crimes and take action children as victims. against hate crimes by taking measures such as sup- According to Intergroup Clearinghouse, a San porting funding for anti-bias educational program- Francisco organization, more than 1,700 cases of dis- ming. Various APA communities have been reaching crimination against Arab Americans, South Asian out to the victims of the terrorist attacks and the vic- Americans, Muslim Americans, and Sikh Americans tims of the backlash since September 11. have been reported as of January 2002. Sikh Ameri- cans have been disproportionately targeted for the 6. Tragedy to Activism: Celebrating the backlash post September 11 because their appearance Bayanihan Spirit resembles that of Arab and Muslim Americans. In California alone, hate crime ofenses based on a per- n memory of Joseph, the Ileto family invoked son’s race, ethnicity, or national origin, increased 21 the Filipino spirit of bayanihan, across diferent percent in 2001 due to backlash from the September groups and has built a multi-racial coalition in Itheir fght against hate crimes. Bayanihan is a tra- 11 attacks. (Hate Crime in California 2005, Califor- nia Attorney General’s ofce). ditional Filipino custom to help one another as one Te inability of the federal government to address larger community. In their quest to speak out against hate crimes is pressing and needs to improve quick- hate crimes, the Ileto family has reached out to various ly. Te Local Law Enforcement Enhancement Act groups that they had no prior afliation with in a de- (LLEEA) of 2001 seeks to address the government’s sire to build a larger community against hate crimes. capacity to address hate crimes. Public ofcials and Tey have built a coalition with a pan-ethnic identity community leaders including the U.S. Attorney Gen- that includes diverse groups from other Asian Ameri- eral must step forward to address the growing con- can communities to gay and lesbian organizations.

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“We are pushing for a bill that will put criminals away for all motivations for hate crimes. For discrim- ination against race, gender, disability, and sexual orientation,” Ismael said. One of the problems that the Iletos are facing is that many politicians are re- luctant to include sexual orientation on that list. Te Ileto family met with the parents of Matthew Shepard and shared their grief. “We want a bill that covers everyone,” says Is- “Hate that stems from intolerance mael. “Hate that stems from intolerance or ignorance or ignorance is unacceptable no is unacceptable no matter what form it takes.” Te Iletos are public supporters of the Local Law matter what form it takes.” Enforcement Act (formerly the Specter-Kennedy Hate – Ileto Family Crimes Bill). As of March 2009, this bill still has not been passed because of opposition to its inclusion of sexual orientation and/or gender related hate crimes. Robin Toma, a civil rights attorney and the ex- ecutive director of the Los Angeles County Human Relations Commission said, “I know that because of the tireless activism of the Iletos, people everywhere have been touched by their story of the devastating impact of hate crimes.” Toma is like many others who strongly agree that the way the Ileto family has turned their grief into activism is astounding. “Even if they do nothing more in their lives, their willingness to speak out in favor of understanding and prevention of hate crimes has impacted millions and serves as a shining example of what human beings can be. Tey are personal heroes to me.” Te Iletos are not solely concerned with hate crimes against Asian Pacifc Americans. Tey have traveled near and far, accepting all invitations to speak at rallies and conventions for many diferent causes. Ismael explains “… the family has been going out to diferent campuses and colleges to bring their awareness to the students in colleges and high school students… just to make them aware that it could hap- pen to them… we are there to tell them that, hey, we are targets. And we need to stick together… We are [also] asking the diferent parishes and churches and faiths to address the issue of hate crimes in their congregation… we are building bridges with other communities because that’s what we need, to unite together. Because we can’t just fght this alone.” Te family marched with Jesse Jackson in Octo- ber 1999 in support of the National Rainbow Coali- tion’s efort to unite communities of diferent faiths to prevent hate crimes. Among the various local events the Iletos have participated in, the family also spoke

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“I want people to remember my brother Joseph not just as a hate crime victim, but for what his name stands for: J.O.S.E.P.H.I.L.E.T.O. Join Our Struggle; Educate and Prevent Hate; Instill Love, Equality and Tolerance for Others.” – Ismael Ileto

Photo: the last picture taken of Joseph at his nephew Kyle’s birth at St. Jude in Fullerton, CA. at the National AFL-CIO Union Convention, at the as a means of preventing hate crimes. Te family has Museum of Campaign as part of the Million Mom also been actively involved with the Filipino Civil March against gun violence. Rights Advocates (FILCRA), a group that worked Since Joseph’s death, the Iletos have become ac- with APALC to provide support for hate crime pre- tively involved with organizations that strive to pre- vention. Recognizing that brutal crimes like the hate vent hate. Te Asian Pacifc American Legal Center of murder of Joseph, continue to happen in our society Southern California (APALC) in Los Angeles has cre- even today, Deena feels the collaboration of various ated the Joseph Ileto Hate Crimes Prevention Fellow- groups is especially important. ship that serves as a memorial for Joseph by advanc- “We need to be more outspoken. How many more ing education and advocacy around the issue of hate have to die before we’re important enough… for peo- crimes and strengthening intercommunity networks ple to listen to our issues?” Ismael asserted. Copyright ©2009 by Asian Americans Advancing Justce - Los Angeles and UCLA AASC Press - Los Angeles Justce Advancing Asian Americans ©2009 by Copyright

If you think you have been the victim of a hate incident or hate crime you should report it imme- diately to your law enforcement agency. Reporting a hate incident or hate crime to law enforcement may keep others from being victimized. It is also important for law enforcement to be aware of what is happening in their jurisdictions so they can take necessary steps and provide resources to make the community safer. Let the ofcer know that you think you were a victim of a hate crime or hate in- cident. If words were used during the incident, write down the exact words that the perpetrator used in connection with the incident and anything else that would link the perpetrator to the incident. (safestate.org- project of the California Attorney General’s Crime and Violence Prevention Center).

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