Despite the restrictions against public gatherings during COVID-19, AABANY has remained active and busy for APA Heritage Month, hosting multiple community presentations about anti-Asian harassment and violence on May 13, 16, and 17, in English, Mandarin, Cantonese, and Korean.
We will continue to celebrate APA Heritage Month during the remainder of May, and we hope you will join us at the following events. Please follow the links for further details and to register.
On Wednesday, April 29, 2020, the Asian American Bar Association (AABANY) hosted a webinar titled “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” This webinar examined the recent trends and data gathering of Anti-Asian violence incidents, as well as the legal framework of hate crimes under New York and Federal law. The nearly 100 attorneys who attended were given resources to advise the community as to their rights, along with opportunities to volunteer with AABANY.
The panel included Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office; Sheryl Koretz, Associate at Simpson Thacher & Bartlett LLP; Jia Lynn Yang, Deputy National Editor, The New York Times; John Yang, Executive Director, Asian American Advancing Justice (AAJC); and Jo-Ann Yoo, Executive Director of the Asian American Federation. Karen R. King, Counsel at Paul, Weiss, Rifkind, Wharton & Garrison LLP and a Vice Chair on the Pro Bono & Community Service Committee, moderated the panel.
Jo-Ann Yoo, Executive Director of the Asian American Federation, began by sharing some statistics to give some context about the Asian American community both in New York City and in the United States. She highlighted that Asian Americans are the fastest growing population within New York City and across the country, currently composing 60% of the overall population in New York City. Approximately one in four Asian New Yorkers live in poverty, which is the highest of any racial groups in the city. Yoo noted the Asian American Federation’s aggressive media strategy in sharing stories from the Asian American community on different media outlets in hopes of combating the Asian American community’s continued invisibility and marginalization. She noted that a rise in anti-Asian discrimination started when Asian Americans began to wear masks back as early as January, a practice that is not considered strange in Asia due to experiences with previous outbreaks such as SARS in 2002.
Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office, discussed the elements of a hate crime under NY Penal Law § 485.05. Gim explained that § 485.05 elevates the level of punishment that a defendant would receive for a crime that already exists on the books. Among the hate crimes or bias incidents in connection with the pandemic that are the topic of this discussion, there are only a few that would fall under this statute. A second statute that is particularly important to know for community outreach on this issue is aggravated harassment in the second degree under NY Penal Code § 240.30, which deals with verbal or nonverbal threats that fall under misdemeanors or hate crimes.
John Yang, Executive Director of Asian American Advancing Justice, touched on the different channels available to witnesses or victims and the proper actions to take when put in such a situation. A reluctance to report hate crimes has always been an issue for all minority groups. The panelists reinforced the point that bystanders are crucial to these acts of discrimination coming to light. While it may not be safe to directly intervene in these situations, simply calling law enforcement, documenting or recording the crimes, or consoling the victim helps tremendously. Even without knowing the person harassed, as long as someone has proof of the crime being committed, it is possible to prosecute the person responsible entirely by the bystander. There is currently AAAJ/Hollaback bystander training available to help prepare for such situations.
Jia Lynn Yang, Deputy National Editor for The New York Times, explained the thought process and impact of writing her article “Who Belongs in America,” which argues that the fight of Asian Americans for our place in the United States is far from over. Despite the historical struggle for racial equality through US immigration law, there are still those who deny the presence of Asians with legal status in the country. She found that people felt more comfortable with talking about their own experiences of harassment after her article affirmed the severity of these crimes.
Sheryl Koretz, Associate at Simpson Thacher & Bartlett LLP, highlighted the importance of identifying those responsible for the hate crimes, seeking reimbursement for the victims, and spreading the awareness of these cases. In New York, there are newly formed hate crime task forces such as the Asian hate crimes hotline launched by New York Attorney General Letitia James. Victims don’t necessarily need a physical injury to seek compensation. The police have reaffirmed that people reporting hate crimes will never be questioned about immigration status.
Before wrapping up the CLE program, Karen King asked the attendees to consider signing up to be a part of the Community Response Task Force (CRTF), which AABANY uses to communicate with volunteers when there are pressing legal matters affecting the Asian community, including Ant-Asian Violence. Here is the link: https://docs.google.com/forms/d/e/1FAIpQLSdumGO2c9heuQoMifYIWUdZsg3qmimijswUYmOFznXs9ROAww/viewform.
We thank all the panelists for joining us for this timely and vital CLE program, and we thank Karen for organizing it and serving as moderator. Be on the lookout for upcoming community presentations on this topic during APA Heritage Month in May. We hope to be able to count on attorney volunteers to assist victims of anti-Asian violence. If you are interested in volunteering, let us know by filling out the CRTF form using the link above.
The video of the webinar is embedded in this blog post and you can view it by clicking on the image above.
On April 8, 2020, the New York Daily News published an op-ed entitled “Bias, group hate and the coronavirus pandemic,” authored by Deborah Lauter, Executive Director of the New York City Office for the Prevention of Hate Crimes, Carmelyn P. Malalis, Chair and Commissioner of the New York City Commission on Human Rights, and Bitta Mostofi, Commissioner of the Mayor’s Office of Immigrant Affairs.
The op-ed highlights the startling increase of bias incidents and hate crimes related to COVID-19 being reported by Asians and Asian Americans across the country in recent weeks. It notes that during times of crisis, societies are susceptible to fear. In the current COVID-19 pandemic situation, that fear has manifested itself in the form of mistrust, hatred, and division on a national level. The authors point to several examples of similar societal reactions in history during times of national and international crises. They encouraged readers to learn from history’s mistakes and stressed the need to support the Chinese and other Asian communities that are being scapegoated and increasingly living in fear of being targeted in the current environment.
On Tuesday, March 31, 2020, the National Council of Asian Pacific Americans (NCAPA), a coalition of 34 national Asian Pacific American organizations, held a community briefing call over Zoom on the topic of increased anti-Asian rhetoric in the wake of the COVID-19 outbreak. Community leaders on the call were joined by legislators serving on the Congressional Asian Pacific American Caucus (CAPAC) including Representative Judy Chu (CA-27), Representative Mark Takano (CA-41), Representative Ted Lieu (CA-33), and Senator Kamala Harris of California.
Mr. Gregg Orton, the National Director of NCAPA, began by addressing efforts undertaken by NCAPA to address the increasing prevalence of anti-Asian rhetoric. Mr. Orton addressed NCAPA’s creation of a COVID-19 Task Force which aims to aggregate community resources online for the Asian American community in addition to building an emergency response network. NCAPA is also currently developing an online health form with crowdsourced in-language community health resources.
Legislators serving on CAPAC spoke at-length about the alarming rise of xenophobic attacks and racist sentiment directed against members of the Asian American community. All four legislators condemned the rhetoric of top administration officials such as President Donald Trump and Secretary Mike Pompeo in labeling COVID-19 as the “Chinese Virus” or the “Wuhan Virus” as the use of these terms only exacerbate concerns of discrimination. In fact, Representative Chu, the Chair of CAPAC, addressed recent high profile incidents of physical attacks directed against Asians and estimated roughly 1,000 reports of hate crimes in the last five weeks alone.
Moreover, all four legislators pointed to the efforts that were being undertaken in Congress to stand in solidarity with the Asian American community such as Representative Grace Meng’s (NY-6) recent resolution “Condemning all forms of Anti-Asian sentiment as related to COVID-19” which has already garnered 130 co-sponsors. Senator Harris underscored the importance of cancelling ICE raids and following in Los Angeles and New York’s footsteps in setting up hotlines for reporting on hate crimes directed against Asian Americans. Representative Lieu addressed the problem of phone scams taking advantage of the elderly during this time and pointed to the FCC’s online guidelines for preventing these scams.
Additionally, Representatives Chu and Takano spoke extensively about the recent stimulus package that was passed and certain benefits that Asian business owners could make use of. In particular, they highlighted Small Business Administration (SBA) loans for companies with less than 500 employees in addition to direct cash assistance provisions sent to qualifying families. However, Representative Lieu noted that the recently passed stimulus package will likely not be enough and that a second bill is in the works. In that bill, Representative Chu hopes to focus on translating federal COVID-19 resources into AAPI languages and assisting both undocumented and legal immigrants who were not eligible for certain benefits in the initial stimulus package.
Finally, community leaders in the NCAPA network also addressed efforts that they have undertaken in light of COVID-19. Ms. Naomi Tacuyan Underwood, Executive Director of the Asian American Journalists Association (AAJA), elaborated on how AAJA has issued guidelines to major newsrooms across the country on responsible reporting regarding the spread of COVID-19. Additionally, Ms. Chiling Tong, President of the Asian/Pacific Islander American Chamber of Commerce and Entrepreneurship addressed the financial risks faced by its 2 million members. She encouraged Asian American members and businesses to apply for the FCA economic injury fund online.
Overall, multiple steps are being taken at the legislative, business, and grassroots level in order to combat xenophobia and support the Asian American community in this time of need. In order to see a full recording of the call, please click here. For additional ways you can help and get involved, please look below.
The National Council of Asian Pacific Americans (NCAPA), founded in 1996, is a coalition of 34 national Asian Pacific American organizations around the country. Based in Washington D.C., NCAPA serves to represent the interests of the greater Asian American (AA) and Native Hawaiian Pacific Islander (NHPI) communities and to provide a national voice for AA and NHPI issues. You can get in-touch with NCAPA by clicking here here.
For additional resources, please refer to NCAPA’s COVID-19 Response Toolkit, which includes sample social media graphics and posts, press coverage, and resources within and outside of our coalition. The resources include in-language resources for wellness and health, and various hate crime reporting tools. You can make a direct impact in your own respective circles and communities by regularly distributing and sharing NCAPA’s Toolkit.
Seven national bar associations today released a joint statement denouncing the rising number of incidents involving anti-Asian discrimination and racist remarks related to the coronavirus and COVID-19.
Calling for unity in these challenging times are the National Asian Pacific American Bar Association (NAPABA), the American Bar Association (ABA), the Hispanic National Bar Association (HNBA), the National Association of Women Lawyers (NAWL), the National LGBT Bar (LGBT Bar), the National Native American Bar Association (NNABA), and the South Asian Bar Association of North America (SABA North America).
“Unfortunately, the emergence of the coronavirus has led to an increase in acts of hate and discrimination targeting the Asian American and Pacific Islander community. The legal community stands united against hate. The current situation calls for unity and support—not acts of division and words that sow fear,” said NAPABA President Bonnie Lee Wolf.
The FBI has warned about a surge in anti-Asian hate crimes related to the coronavirus. Numerous community organizations have documented that acts of discrimination and bias are increasing, including incidents involving stereotypes and xenophobic language.
President Wolf continued, “Thank you to our sister bars who issued their own messages of support for the Asian American and Pacific Islander community when they saw these acts of hate and discrimination on the rise. A special thank-you to ABA President Judy Perry Martinez, HNBA President Irene Oria, NAWL Executive Director Karen Richardson, LGBT Bar President Wesley Bizzell, NNABA President Robert Saunooke, and SABA North America President Aneesh Mehta for joining me in the video statement to launch this campaign. We encourage other bar associations, law firms, and organizations to join us in denouncing discrimination. We stand together. We stand against hate.”
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.
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.
