In The News: Chris Kwok’s Op-Ed on Weaponized Coronavirus Language Against Asian-Americans Published in the New York Daily News

On March 26, 2020, the New York Daily News published an op-ed co-authored by Chris Kwok. The piece is entitled “Weaponized coronavirus language is endangering Asian-American lives.” (Chris, who sits on the AABANY Board and chairs the Issues Committee, co-wrote the op-ed in his capacity as a Board member of the Asian American Federation).

The article discusses how anti-Asian rhetoric and labeling the coronavirus as “the Chinese virus” is endangering the lives of Asian Americans across the United States. It also provides historical examples of what happens when you link a disease to a particular group of people. It can easily lead to stigma and violence against that group. For example, in the 14th century, Jews were accused of spreading the Bubonic Plague in Europe and massacred. Similarly, in the 1980s to 1990s gay people were blamed for spreading AIDS and suffered violence as a result.

Furthermore, the article notes that this is not the first time Asian Americans have faced something like this in the United States. In the 1850s to 1890s, the Chinese were accused of being carriers of venereal disease and leprosy. As a result of the openly anti-Chinese rhetoric during that period, Chinese people were “…rounded up into thousands of railroad cars, steamers, or logging rafts, marched out of town, or killed.”

Now, history seems to be repeating itself as the spread of the coronavirus pandemic is falsely being attributed to Asian Americans. In recent weeks we have seen a spike in xenophobic incidents targeting Asian Americans throughout the nation. Such incidents include “…Asian Americans being beaten, slashed, kicked, spat at, sprayed with things, yelled at or ostracized in public.” To make matters worse, President Trump’s deliberate campaign to label the coronavirus as “the Chinese virus” has put Asian Americans at an even higher risk.

To read the full article, click here.

Congresswoman Grace Meng Introduces Resolution to Denounce Anti-Asian Sentiment Caused by Coronavirus

On March 25, 2020, U.S. Rep. Grace Meng (D-NY) introduced a resolution in the U.S. House of Representatives that denounces the anti-Asian sentiment caused by the outbreak of the coronavirus.  

“The increased use of anti-Asian rhetoric, particularly from our nation’s leaders such as the President, and their use of terms like ‘Chinese virus,’ ‘Wuhan virus,’ and ‘Kung-flu,’ is not only irresponsible, reckless, and downright disgusting, it threatens the safety of the Asian American community; such language demeans, disparages, and scapegoats Asian Americans,” said Meng. “Asian Americans, like millions of others across the nation, are worried about the coronavirus; however, so many Asian Americans are also living in fear following the dramatic increase of threats and attacks against those of Asian descent. During this time of heightened anxiety and fear surrounding COVID-19, we cannot lose sight of protecting the health and safety of every single person – no matter their race, ethnicity, or background. The House must take a strong stand against the sickening intolerance, bigotry, and violence that is leaving a terrible stain on our nation’s history, especially during this moment of an unprecedented public health crisis. I am grateful to my colleagues who introduced this resolution with me today, and for joining me in saying loud and clear: xenophobia and discrimination is absolutely unacceptable. I strongly urge all of my House of Representatives colleagues, to support this measure, and its passage.”  

The resolution has 124 cosponsors. They include: Reps. Chu, Pressley, Castro, Pascrell, Malinowski, Speier, Watson Coleman, Brown, Takano, Cisneros, Schakowsky, Velázquez, Pingree, Lieu, Napolitano, Correa, Haaland, Huffman, Torres, Blumenauer, Fudge, Cárdenas, Omar, Schrader, Moulton, Suozzi, Lynch, Dingell, Connolly, Case, A. Green, Bonamici, Trone, C. Maloney, Khanna, McGovern, Thompson (CA), Larson, Foster, E. Johnson, Jayapal, Kilmer, Jackson Lee, Lofgren, Porter, Raskin, Lowenthal, DelBene, Castor, Jeffries, Trahan, Smith (WA), Rose, Beyer, Rouda, Costa, Serrano, DeFazio, Krishnamoorthi, Ocasio-Cortez, Cicilline, Kim, Sanchez, Soto, Bustos, McCollum, Pocan, Welch, Sablan, Schiff, Larsen, Higgins, Yarmuth, McEachin, DeLauro, Quigley, Clark, Grijalva, DeGette, Engel, Butterfield, Rush, Deutch, Allred, Eshoo, S. Maloney, Kennedy, D. Davis, Bass, Boyle, Nadler, Lee (CA), Norton, Lewis, Mucarsel-Powell, Bishop, Evans, “Chuy” García, Schneider, Horsford, Carson, Wild, Tlaib, Casten, Craig, Frankel, Meeks, Brownley, Spanberger, Wexton, Vargas, S. Garcia, Hastings, Escobar, Cohen, Vargas, Sherman, Waters, McNerney, Cox, McNerney, Lawrence, Tlaib, and Gallego.  

To learn more and to read the text of the resolution, click here.

From KALAGNY: New York Court Restrictions and Protocols, COVID-19 Update

Thanks to KALAGNY for sharing these important court updates for New York courts.

New York State Unified Court System

March 20, 2020 Executive Order No. 202.8 from Governor Cuomo (Link)

“[A]ny specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate’s court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this executive order until April 19, 2020”

Executive Order 202.8 directs a 100% in-person workforce reduction as of March 22, 2020 at 8:00 p.m. for “non-essential” services. Law firms have not been identified on the Executive Order or the Governor’s guidances as “essential.” Please see the NYSBA’s summary of the Executive Order here.

March 22, 2020 Administrative Order from Chief Administrative Judge Marks.

“[E]ffective immediately and until further order, no papers shall be accepted for filing by a county clerk or a court in any matter of a type not included on the list of essential matters attached as Exh. A. This directive applies to both paper and electronic filings.”

March 19, 2020 Memo from NY State Court Regarding Essential Services (Link)

For information, please see: https://www.nycourts.gov/

United States District Court, Southern District of New York

March 11, 2020 Memo Re: COVID-19 Protocols (Link)

For more information, please see: https://nysd.uscourts.gov/covid-19-coronavirus

United States District Court, Eastern District of New York

March 18, 2020 Administrative Order 2020-06 from Chief Judge Mauskopf (Link)

March 18, 2020 Administrative Order 2020-11 from Chief Judge Mauskopf (Link)

For more information, please see: https://www.nyed.uscourts.go

United States District Court, Northern District of New York

March 13, 2020 General Order #58 in Response to Coronavirus COVID-19 Public Emergency (Link) For more information, please see: https://www.nynd.uscourts.gov/public-emergency

United States Court of Appeals for the Second Circuit

Effective March 23, 2020, oral arguments will be held by teleconference. For more information, please see: http://www.ca2.uscourts.gov/

From NQAPIA: Attorney Ethical Obligations & Census 2020

Lawyers are under a general ethical obligation to advise their clients and the public, in general, to comply with federal law and participate in Census 2020. Our partners at the National Queer Asian Pacific Islander Alliance (NQAPIA) commissioned legal research reviewing attorney ethical considerations and obligations regarding the Census under the Rules of Professional Conduct in the following thirteen jurisdictions: CA, DC, FL, GA, IL, MD, MA, NJ, NY, PA, TX, VA, and WA. The Memorandum of Law is here: http://bit.ly/2IJgQQl

The memo is provided for informational purposes and does not constitute legal advice covering a specific situation, nor does it create an attorney-client relationship. Contact an ethics lawyer for legal advice in your jurisdiction. 

AG James Launches Hotline to Combat Coronavirus Hate Crimes and Xenophobic Rhetoric

Individuals Who Have Experienced Hate Crimes and Bias-Based Incidents Are Encouraged to Call the Ongoing Hotline at 1-800-771-7755, or Email [email protected] 

NEW YORK – Attorney General Letitia James [on March 23, 2020] announced the launch of a hotline for New Yorkers to report hate crimes and bias-based incidents. The hotline, which will continue indefinitely, comes in the wake of rising reports of harassment and assaults, as well as rhetoric against Asian Americans amidst the Coronavirus Disease 2019 (COVID-19) pandemic. 

“As we face an unprecedented and uncertain time for New York, the United States, and the world, we must reiterate the fact that this pandemic does not give anyone an excuse to be racist, xenophobic, or biased,” said Attorney General James. “No one should live in fear for their life because of who they are, what they look like, or where they come from. I encourage all victims of discriminatory actions stemming from this pandemic to contact my office. We will continue to work with local law enforcement to combat hate in all its insidious forms.”

In the last week alone, there have been numerous reports in New York of Asian Americans being harassed or physically assaulted as a result of this pandemic. The last several weeks have also seen a rise in anti-Asian rhetoric through the use of terms such as ‘Chinese virus,’ creating a stigma around Asian communities. This comes on the heels of a record number of hate crimes over the past several months in New York, demonstrating the urgent need for action. The Attorney General’s Office, in its commitment to combating these heinous acts, implores everyone, from everyday New Yorkers, to individuals at the highest levels of government, to stand united against hate, now more than ever.

“During this public health crisis, people are fighting for their lives – fighting to keep their families safe. Yet these incessant, irresponsible, and atrocious naming of COVID-19 as the ‘Chinese virus’ or ‘Wuhan virus’ is endangering the lives of Asian Americans. I thank Attorney General James for setting up this necessary hotline for New Yorkers to report coronavirus-related hate crimes or biased-based incidents,” said U.S. Representative Grace Meng. “I have repeatedly called on public officials – from the President to the top Republican in the U.S. House of Representatives – to abstain from using derogatory language that demonizes Asian Americans. This must stop. Public officials – and the media – must speak truth to power and refrain from dabbling in misinformation or conspiracy theories. I’m urging all New Yorkers to come together, call virus the coronavirus, and report to the hotline those who would use this uncertain time to make racist, xenophobic or biased attacks.”

“Long scapegoated and cast as ‘yellow peril,’ Asian Americans are besieged on two fronts by the COVID-19 contagion, with outbreaks of ignorance and bigotry sometimes inflicting more harm than the virus itself,” said State Senator John Liu. “More and more hateful incidents are occurring, ranging from distasteful gestures to obnoxious name-calling to outright violence against Asian-Americans — and despicably condoned by the president himself. The battle against the coronavirus has actually brought out the best among New Yorkers but it is necessary to remind some not to let fear of the unknown devolve into irrational and inexcusable hate, and we thank beloved Attorney General Tish James for leading the charge on this front as well.”

“Currently our community is dealing with COVID-19, a global pandemic — but our community is also facing another virus: extreme anti-Asian xenophobia,” said State Assembly Member Yuh-Line Niou. “While we battle this crisis, it has become abundantly clear that the coronavirus does not discriminate based on race. Yet, people are using COVID-19 as an excuse to perpetuate racism and xenophobia throughout New York and the entire country. There have been so many reports of Asian Americans being attacked because they were just riding the subway or wearing a face mask. The attacks are hateful, and go out of their way to blame our community. It is important that we stand together and remain educated on the growing emergency. Together we must stop the spread of the unfounded harmful stereotypes and hateful words that people are using to demonize our Asian American community through thoughtful and reasonable discussions. Thank you to the Attorney General for setting up a hotline to address and to better support our community through this devastating time of unfounded xenophobia and hate crimes against our community.”

Although local law enforcement is responsible for criminally prosecuting these perpetrators, the Attorney General’s Office is taking on this issue in other ways, including connecting victims and impacted communities to available resources, launching civil investigations, and supporting local law enforcement, among other steps.

The Attorney General urges those experiencing hate crimes and bias incidences to report them by emailing the Attorney General’s Civil Rights Bureau at [email protected], or calling 1-800-771-7755. 

NAPABA Denounces Use of Racist Language to Describe Coronavirus

Please read below a statement released by the National Asian Pacific American Bar Association on March 18, 2020:

Using the terms ‘Chinese virus’ and ‘Wuhan virus’ to describe the coronavirus and COVID-19 is inaccurate and unacceptable. This disease does not discriminate. We cannot allow racism to rise as we come together to take on this challenge. NAPABA calls on the President and other leaders to stop using this harmful and xenophobic language.

The World Health Organization (WHO) and the Centers for Disease Control (CDC) recognized using such terms creates harmful stigma against ethnic and minority groups, further endangering public health. Discriminatory language distracts from the problem before us, and only perpetuates unfounded misinformation.

The stereotypes associated with this language have led to a rise in anti-Asian bias and racist attacks related to the coronavirus. NAPABA 
spoke out against this bias and joined a coalition of over 260 organizations, including our member bar associations, calling for leaders to focus on unity and denouncing anti-Asian attacks, xenophobia, and racist language. 

We ask you to do your part to combat racism and promote unity in response to this challenge. Know the facts and encourages others to do the same by referring to the 
Centers for Disease Control and Prevention.

Strategic Lessons from within China for Responding to COVID-19

Committee of 100’s teleconference series: Strategic Lessons from within China for Responding to COVID-19

About this Event

Committee of 100 (C100) is launching a teleconference series, Strategic Lessons from within China for Responding to COVID-19. The series will feature business executives and education leaders with experiences on the ground in China responding to the coronavirus, offering timely and actionable advice to American job creators and educators.

With each passing day, American job creators are concerned about how the outbreak will impact not only their bottom line, but the livelihoods of their employees. Meanwhile, schools and universities are closing to protect their students, faculty, and staff. Americans are feeling fearful and uncertain, and would benefit greatly from hearing from leaders within China who have struggled with and navigated similar complexities.

The series begins with discussions featuring C100 members David Ho moderated by Richard Lui, Wednesday, 3/25 at 2pm ET. Richard was was the MC for AABANY’s Annual Dinner for many years. The second session will feature Dr. Anning Chen, CEO of Ford China on March 30 at 9pm Eastern Time. The sessions will be moderated.

For more detail on this series, read more here.

NAPABA Cancellations & Postponements: Lobby Day Canceled I Call for Programs Deadline Extended

Please see below an important message from NAPABA:

As we continue to monitor the situation regarding the coronavirus, we at NAPABA have had to make changes to our association calendar. One of these changes was a tough decision; the other was simple.

Lobby Day

Reluctantly, NAPABA is canceling Lobby Day, originally scheduled for May 18-19

Out of concern for your safety, the safety of your families, and all whom you may come in contact with, we are following the advice of the Centers of Disease Control (CDC) to suspend all events that may attract 50 or more people scheduled for the next eight weeks. We apologize for any inconvenience this may cause you.

We are working with the Thompson Hotel to cancel reservations for those who have already secured lodging.

As current events demonstrate, advocacy on behalf of our communities remains as important as ever. NAPABA continues to work with Congress, the Administration, our partner organizations, and our affiliated bar associations to address our immediate challenges and maintain the relationships we will need to continue to represent our communities. We encourage you to continue to speak out, contact your elected officials and local leaders, and continue to work with your local bars in partnership with NAPABA to make a difference for our communities.

NAPABA Convention Call for Programs

A second calendar adjustment involves our deadline for the 2020 NAPABA Convention Call for Programs. The deadline has been extended to April 20 at 5 p.m. ET to provide you more time to submit your proposal. 

We understand that the current situation may impact your ability to secure speakers for your program ideas as people’s schedules change. We want to reassure you that the CLE Committee will take the current events into consideration upon reviewing the submissions and will not count the lack of “confirmed” speakers against your submission. 

We still encourage you to include those who have expressed interest in speaking on your program as “confirmed” speakers, but we understand that their availability may change. 

We look forward to receiving your program submissions by Monday, April 20

Please be safe and stay healthy!

Call for Programs Quicklinks: 

Update on Services During COVID – 19 Pandemic From Andrew Saul, Commissioner of Social Security

Please see below this important news release from the Commissioner of Social Security:

I want you to hear directly from me how the COVID-19 pandemic is affecting our services.  The first thing you should know is that we continue to pay benefits.  Be aware that scammers may try to trick you into thinking the pandemic is stopping your Social Security payments but that is not true.  Don’t be fooled. 

To protect you and help stop the spread of this coronavirus, we cannot accept visitors in our offices at this time.  There are several other ways you can get help.  Many services are available online at www.socialsecurity.gov.   If you have a critical need that you cannot address online, we can help you over the phone.

Please visit our COVID-19 web page at www.socialsecurity.gov/coronavirus/ to find out what services we are continuing and which ones we are suspending, how to contact us, and important information about deadlines we are extending to ease the burden on you and medical providers during this pandemic.

From NAPABA: Prepare for the 2020 Census

Census Day is April 1

This month, households across the country will receive letters inviting them to fill out their 2020 Census forms online. Are you ready to fill yours out? Are you ready for the questions you may get as a lawyer about the Census?

Everyone should be counted in the Census, regardless of language ability, immigration status, age, income or identity. Unfortunately, in some communities there is misinformation, confusion, and fear about participating. And others, like the AAPI community, are historically undercounted.

If our communities don’t fill out the Census, they lose out on electoral power and representation, funding, resources and access to services in their language. As lawyers and community leaders, we are in a position to dispel myths and help our communities get counted.

In light of concerns about the coronavirus, Census officials are encouraging individuals to fill out the form online or by mail. For more information about the Census and the Coronavirus, please visit CountUsIn2020.org.

Four Things You Can Do to Help:

Watch and share the Census Bureau’s videos, in English and over sixty other languages, on how to fill out the Census online.

Share the in-language Census resources in your community and with your clients.

Share the AAPI in-language “About the Census” videos on social media.

Learn what lawyers and bar associations can do to protect the public.

NAPABA, the South Asian Bar Association of North American and Asian Americans Advancing Justice developed resources for AAPI lawyers about the upcoming Census. Find more materials, including in-language resources and videos, at napaba.org/census and CountUsIn2020.org.

Together we can ensure our communities are counted!

Questions about the Census?  You can contact NAPABA two ways:

  • Call the census language hotline, for answers to questions in English, Mandarin, Cantonese, Korean, Vietnamese, Tagalog, Urdu, Hindi, and Bengali/Bangla.  Call 8:30 AM to 8:30 PM Eastern Time at 844-2020-API or 844-202-0274.
  • Go to https://www.countusin2020.org/hotline