Know Your Rights
In Public Spaces
What laws in California protect me against hate while out in public?
In addition to the many penal codes which criminalize certain types of behavior, there are several important civil laws in California that protect you against hate in public places.
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The Unruh Act protects members of the public from discrimination by all business establishments in California, including housing and public accommodations such as restaurants, hotels, hospitals, and retail stores. The term “business establishments” is broad and may include governmental and public entities.
The Unruh Act protects against discrimination based on a variety of identities including one's race, color, religion, ancestry, immigration status, primary language, and national origin.
The law does distinguish between the right of a business to refuse service based on conduct (such as unruly or disruptive behavior) as opposed to personal characteristics.
Examples of potential violations of the Unruh Act include:
A restaurant refusing to seat a group of Muslim women who wear hijab even though there are empty seats, and other guests get seated immediately.
A hotel charges a higher rate to guests of a certain racial group.
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The Ralph Act prohibits hate violence and intimidation through threats of violence in all locations throughout California, including workplaces, homes, places of worship, and public spaces.
Hate violence is any violent act motivated by bias against a person’s actual or perceived protected characteristic, including, but not limited to, their race, color, religion, national origin, or immigration status.
For example, the Ralph Act makes it illegal to:
Threaten violence against religious activities in an attempt to discourage or stop those activities.
Damage a religious building.
Threaten a person with a weapon because that person is an immigrant.
Promote violence against individuals or groups based on their appearance or religious beliefs.
This law allows a victim to sue the perpetrator for damages and penalties and to obtain a restraining order against them.
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This act forbids people from interfering with a person’s state or federal civil rights through violence, threats, intimidation, or coercion.
The rights protected by this law, both at the state and federal laws, include but are not limited to your freedom of speech, the right to attend religious institutions, and the right to associate with certain individuals.
This law allows a victim to sue the perpetrator for damages and penalties.
What Should Someone Do if They Are Faced with Hate?
Get to Safety & Document
Try to get yourself to a safe location.
If it is safe, take photos and videos during the incident. In addition to recording or if you are unable to record the incident in real time, you should write down what occurred as soon as possible.
When documenting the incident, be sure to include all relevant details, such as the date, time, location, individuals involved and contact information for any witnesses.
Additionally, document any statements made during the encounter. The more details you can provide, the better. Don’t forget to save or record any photos or evidence you gather.
Report
If you are comfortable doing so, call the police and file a report.
When filing a report make sure to explain the connection between the violence or threats you experienced and your actual or perceived identity that was targeted by the perpetrator.
Submit an intake form to organizations like CAIR-CA.
You can also file a complaint with state agencies such as the Civil Rights Department, California vs. Hate or local county agencies that deal with hate crimes and incidents.
You can also apply to the California Victim Compensation board to receive compensation for your losses. To find Victim Witness Assistance Centers near you, visit: www.victims.ca.gov/for-victims/get-help/