Jonathan Bernstein is feeling a little lonely.
The regional director of the Anti-Defamation League has joined bodies such as the U.C. Regents, Kaiser Permanente, the ACLU and the Mexican-American Legal Defense Fund in opposing Proposition 54, Classification by Race, Ethnicity, Color or National Origin Initiative (also called the “Racial Privacy Initiative”).
He just isn’t seeing many Jews getting involved.
“I think, given the Jewish community’s historical commitment to social justice, that it’s a big disappointment we don’t see more Jewish organizations and just voices in the Jewish community working hard to oppose this,” he said.
The controversial proposition aims to ban state and local governments from using race, ethnicity, color or national origin to classify students, employees and other individuals (with some exemptions).
Its proponents argue that ceasing collection of such data is a step toward a race-blind society. Opponents argue, however, that Proposition 54 turns a blind eye to the realities of discrimination, and will prevent data from being used to point out racial profiling or medical conditions prevalent in specific racial or ethnic groups.
Bernstein got no relief from the S.F.-based Jewish Community Relations Council, which failed to reach a consensus last week on a position condemning the Oct. 7 ballot measure.
The JCRC requires a 75 percent vote in order to take a political stand on an issue. With about 50 board members present last week, 71 percent voted to denounce Proposition 54. The JCRC now officially has no position on the issue.
The vote came as a disappointment for board member Aaron Rappaport, who cast his lot to condemn the proposition.
“My field is criminal justice. And I get information all the time talking about the disproportionate effect of penalties on some communities, minorities or other communities,” said the U.C. Hastings law professor.
“I think that’s important data that a policymaker ought to have. You can’t access that information if an across-the-board ban exists. Sometimes [collection of racial and other data] is stigmatizing, but sometimes you need to be smart about it.”
JCRC board member Barry Gross, on the other hand, is tired of having to deal with boxes asking his racial origin.
“I dislike those little boxes, I don’t think it’s anybody’s business. I never check them off,” said Gross, a lawyer. “I think it’s divisive to divide people by race, ethnicity, etc.”
Gross agrees deep-seated societal racism can’t be eradicated by governmental disregard to race, but believes Proposition 54 would be a step in the right direction.
“Certainly it’s not a panacea. It’s just a step. You’ll have to change people’s attitudes,” he said. The proposition’s “benefits far outweigh its possible few deficits.”
The ADL’s Bernstein begs to differ. If Proposition 54 passes, he believes the ADL will be crippled in its ability to spot and counter hate crime trends.
“Every year, the state attorney general issues a report on hate crimes. We use it a lot; one is sitting on my desk right now,” he said.
“Those statistics are extremely helpful. This year they showed that the numbers decreased or remained stable for pretty much every single group except Jews. That really impacts the factors for us when we talk with law enforcement or legislators to get new legislation passed or elected officials to make sure they recognize the significance of anti-Semitism.”
Under one of Proposition 54’s many exemptions, police would still be allowed to collect racial, ethnic and other data. But according to Bernstein, the attorney general would no longer be entitled to demand they share it with him.
Bernstein believes that a delay in the election until March 2 — should Monday’s ruling by the 9th U.S. Circuit Court of Appeals prevail — would benefit opponents of Proposition 54. Poll numbers have shown the initiative’s support is lower than in the past, and the anti-Proposition 54 campaign’s coffers are now bursting with millions of dollars donated by Lt. Gov. Cruz Bustamante via controversial contributions to his campaign for governor from Indian casinos.
“I think momentum really is on our side,” said Bernstein.
“As people learn more about it, the opposition against it is growing.”