Assemblymember Sebastian Ridley-Thomas, D-Los Angeles, gained passage of this precedent setting legislation in 2016, but it was vetoed by Gov. Jerry Brown.   To help build the public momentum against consumer racial profiling, particularly during the holiday season, which takes wealth away from African-American communities, we maintain this Consumer Racial Profiling Watch of instances which show the need for this law.    

AB 2707, Ridley-Thomas. Stop Consumer Racial Profiling Act of 2016.

Existing law, the Unruh Civil Rights Act, states that all persons within this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging a violation of the act.

This bill would enact the Stop Consumer Racial Profiling Act of 2016, which would prohibit a business establishment from using consumer racial profiling, as defined. The bill would also make the Department of Fair Employment and Housing responsible for the enforcement of the act.

This bill would incorporate additional changes to Section 12930 of the Government Code, proposed by SB 1442, to be operative only if SB 1442 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

AIRBNB--This NPR story describes the personal experiences of African-American users and a research study by Harvard.  The Guardian reports that AirBNB then blocked a researcher's efforts to conduct testing.

AMAZON--Bloomberg studied the online retailer's same day delivery service in 27 cities and found that the service uniformly omitted predominately African-American neighborhoods throughout the country.  This journal article from the Santa Clara University School of Law describes the mechanism of profiling.

FACEBOOK--NBC News reported on its use of race to exclude blacks from certain advertising.

LYFT--This Minnesota Law Review article describes how Lyft's practices can be used to discriminate against potential black customers.

UBER -- This Guardian article covers a National Bureau of Economic Research study which finds that Uber and Lyft drivers discriminate against black men.

WELLS FARGO --Consumers are turning away from the bank after it was revealed that millions of accounts were opened without customer permission, as this Fortune article reports.

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