(Sacramento, CA) In 2014, California took a giant step forward when it passed Proposition 47, a ballot measure that removed thousands of felonies from people’s records and reduced the jail and prison footprint across California. But now Proposition 47 is under attack.

This November, law enforcement and the corporate retail lobby will be aggressively pushing Proposition 36, which seeks to unravel the progress made by Prop 47 by creating longer sentences and enhanced punishment for theft and drug-related offenses. Their proposal uses expensive band-aids such as “treatment-mandated felonies" for repeated drug possession and sends people to prison for shoplifting instead of investing in people who are simply fighting to survive.

The truth is that Proposition 36 has nothing to do with safety. Law enforcement agencies are pushing for this measure to regain the money and power they have lost over the past decade – and they have found willing partners to perpetuate their agenda. Companies like Home Depot, Walmart, and Target have invested millions of their shareholders’ money in supporting Proposition 36 to exploit the false narrative of rising crime to deflect attention from their outdated industry practices. Unlike retailers like Best Buy and Costco who staff their stores with large numbers of employees, a practice shown to deter theft, proponents of Proposition 36 are instead relying on debunked stories about retail theft, engineered by corporations that refuse to address the shift in consumer practices. 

Proposition 36 is a step in the wrong direction for California. So are the bad-faith political responses in Sacramento from Governor Newsom and the State Legislature. Instead of rejecting the lies in Proposition 36 and working to defeat it, they developed a legislative package that would result in the same bad outcomes as Prop 36. The last time voters were given a chance to protect Prop 47, in 2020, they showed up in strong numbers and defeated the countermeasure, Prop 20, in a landslide.

“Black and Latinx people, especially those with disabilities, are most likely to be disproportionately impacted by these types of terrible policies and end up in the criminal legal system. People facing poverty, homelessness, and addiction are not responsible for any suggested increases in crime and we must consider other solutions to this perceived problem.” – Eric Harris, Associate Executive Director of External Affairs, Disability Rights California. 

“Prop 36 is many things but it isn’t about public safety. It’s about punishing people that are poor and unwell. It’s a performance by politicians to keep power. It’s about putting corporate lies over human life. In fact, all evidence suggests that the consequences of Proposition 36 will make communities less safe.” – Danielle Dupuy-Watson, Chief Executive Officer, Civil Rights Corps. 

Disability Rights California and Civil Rights Corps oppose Proposition 36 and any legislative concessions that harm this state’s most vulnerable residents. Once again, both Democrats and Republicans in the Legislature are caving to the pressure and the deep pockets of law enforcement and corporations and pushing for a compromised legislative package that includes punitive measures instead of confronting these corporate bad actors directly. 

Mandating drug treatment for individuals convicted of a drug-related offense does not effectively reduce drug use. In fact, Proposition 47 has led to an overall drop in crime statewide. If law enforcement and the corporate retail lobby truly cared about safety, they would invest in healthier communities and affordable living, not misleading measures like Proposition 36 or legislative packages that achieve the same results. Californians should oppose any measures that double down on punishment and incarceration and instead work towards building the people-led, healthy infrastructure that all Californians deserve.

Media Contacts

Melody Pomraning
Communications Director
Disability Rights California
916-504-5938
Melody.Pomraning@disabilityrightsca.org

Salil Dudani
Senior Attorney
Civil Rights Corps
949-278-5977
Salil@civilrightscorps.org

Civil Rights Corps (CRC) is a non-profit organization dedicated to challenging systemic injustice in the American legal system through innovative civil rights litigation. CRC works with individuals accused and convicted of crimes, their families and communities, people currently and formerly incarcerated, activists, organizers, judges, and government officials to challenge mass human caging and to create a legal system that promotes equality and human freedom. www.civilrightscorps.org

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.