What is the CAREN ACT and Is It Making a Difference?
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By: Lisa M. Hayes
In July 2020, San Francisco introduced what is now referred to as the CAREN Act (Caution Against Racially Exploitative Non-Emergencies), which is a landmark legislation in the United States regarding the growing concern over the misuse of 911 calls by biased racists. Taking its name from the “Karen” stereotype that’s supposed to describe white women who use their privilege in order to demand their way, often in racially charged situations, the CAREN Act was designed to curb racially motivated, false emergency reports that can endanger people of color.
The Origins of the CAREN Act
The CAREN Act was inspired by a number of recent incidents involving white individuals calling the police, especially on women of color, for doing regular activities. They would usually consist of unsubstantiated allegations and occurred due to the caller’s unease at the situation involving a person of color. Some incidents, such as the now-infamous Central Park birdwatching incident in which a white woman called the police on a Black man who asked her to leash her dog, demonstrated how misuse of emergency services could reinforce racial bias. Realizing the potential harm that such calls could cause—in legal and physical dangers—aheads, the San Francisco Board of Supervisors was considered to pass the CAREN Act. Specifically, the said legislation would crack down on those wrongdoers who make false emergency reports based on racial bias and impose penalties on them for committing these actions.
How the CAREN Act Works
The CAREN Act prohibits knowingly placing a false or frivolous 911 call based on race, ethnicity, gender, or other traits protected under the city’s nondiscrimination laws. In committing this act, a person will face criminal charges, fines, and even a jail term. The legislation was designed to prevent people from using emergency services as a tool of racial harassment and to ensure that 911 calls are reserved for legitimate emergencies.
The CAREN Act would also have the goal of protecting those victims through provisions for legal redress. Targets of such racist calls to 911 can bring civil lawsuits against the callers who engage in this harassment, seeking damages for the harm caused by these actions. The bill is an all-hands-on-deck effort to respond to the misuse of emergency services in racially exploitative ways.
Is the CAREN Act Working?
The CAREN Act has incited controversial debates regarding effectiveness and impact since it was introduced and ratified. On one side, the enactment is a huge stride following acknowledgment and subsequently dealing with a form of racial bias that had gone unnoticed for a very long. The mere existence of the CAREN Act sends a significant message: San Francisco is committed to fighting racially based abuse in emergency services and protecting the rights of people of color.
But effectiveness in the CAREN Act goes toward not just enforcement but also having an impact on society. A key test to enacting the CAREN Act would be to establish racial motivation in a false 911 call. Although some cases are clear-cut, in others, subtly manifested bias may make it very hard to meet the legal standard for prosecution.
Then, of course, there is the question regarding the actual implementation of the CAREN Act. While the act provides legal mechanisms that would punish the perpetrators, the cases brought under the CAREN Act seem rather limited. The reasons for this could be quite varied: proof of intent might be a hard thing to establish; the law might not be widely known among members of the public; and, quite possibly, more insidiously, victims seem generally reluctant to take any action against such characters.
Implications and Social Impact
Beyond even its legal ramifications, the CAREN Act had social and cultural repercussions. The enactment of such a racially motivated 911 call–based law triggered a broader debate about the role of race during emergencies and individual responsibilities whenever contacting law enforcement agencies. The act also provided an excellent template for enactment in several cities and motivated efforts across the country to address racially motivated misuse of emergency services.
The CAREN Act has thus achieved the gain of more public knowledge on white privilege with the daily interactions of people and law enforcement officers. This element has come up to be an educational campaign with awareness to be carried out to call on all sections of society’s attention to the consequences of wrongfully utilizing the emergency services.
Challenges and Criticisms
But the CAREN Act also has its share of detractors. Some fear that such laws may be difficult to enforce and that they might create hesitation in making legitimate, necessary calls for fear of being perceived as racially biased. Others ask if such laws are going far enough in dealing with the underpinning sources of racial bias or are capable of doing anything about people who are deeply bigoted.
Moreover, the act’s dependence on criminal justice to handle such issues leaves room for speculation on the possibility of indirect consequences. Such acts are viewed not as proper ways to fight racial bias and other alternated ways, namely restorative as well as community-based intervention acts, which stand to be much more favorable in treating the problem.
The CAREN Act would be a decisive stride in dealing with the weaponization of emergency services against people of color. Arguably, this has not made the act very effective in terms of enforcement. However, one can say there is absolutely no question that it has successfully brought awareness of the perils of racially based 911 calls and the demand for accountability. The CAREN Act is another reminder that the struggle for continued vigilance and action are critical components of the fight for racial justice amidst San Francisco’s grappling with issues of racial bias and discrimination. Whether the bill proves effective at curbing a dramatic increase in frivolous and racially motivated, 911 calls remain to be seen, but it certainly represents a significant point in the ongoing effort to balance the scales of justice and guarantee rights and safety to all people.
