CC 06-21-2023 Item No. 7 To Be Determined List_Written CommunicationsCC 06-21-2023
Item #7
Consider To Be
Determined List
Written Communications
From:Pamela Wu
To:Liang Chao; City Clerk
Cc:Bikram Srivastava
Subject:RE: Request to put SB-403 on Council Agenda
Date:Wednesday, June 21, 2023 3:59:16 PM
Kirsten / Lauren – please follow up with Bikram.
Thank you
Pamela Wu
City Manager
City Manager's Office
PamelaW@cupertino.org
(408)777-1322
From: Liang Chao <LiangChao@cupertino.org>
Sent: Wednesday, June 21, 2023 3:43 PM
To: Pamela Wu <PamelaW@cupertino.org>; City Clerk <CityClerk@cupertino.org>
Cc: Bikram Srivastava <bikramsrivastava@gmail.com>
Subject: Fw: Request to put SB-403 on Council Agenda
Ms. Srivastava,
An email cannot be read at the Council meeting unless you raise your hand when the item
came up for public comment.
Pamela,
Please help direct Ms. Srivastava to any instruction on public comment in a Council meeting.
Thanks!
Liang
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From: Bikram Srivastava <bikramsrivastava@gmail.com>
Sent: Wednesday, June 21, 2023 3:32 PM
To: City Council <CityCouncil@cupertino.org>
Subject: Request to put SB-403 on Council Agenda
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Madam City Clerk,
I would like for this email to be read as part of the oral
communications for agenda item 7 on my behalf.
Dear Mayor Wei, Vice Mayor Mohan and the City Council,
The residents of Cupertino are very concerned about a new bill SB-403
being rushed through the California legislature. This bill unfairly
targets the Indian Americans & the Hindu community as presumptively
guilty of caste discrimination.
We affirm that discrimination in any form is unacceptable, and must be
addressed by the state. Existing California laws against
discrimination list out the protected characteristics like race,
national origin, ancestry, religion etc. They do not explicitly list
specific groups, unlike SB-403 which has a focus on South Asians.
Singling out a specific minority community is unfair and the bill is
not facially neutral.
The recent Carnegie Endowment survey shows that a majority of Indian
Americans are not caste conscious with that number being higher among
American born Indian Americans. Our children learn about caste in
schools; they do not have any idea what caste they need to identify
with, and we have no way to prove or establish our caste. Santa Clara
County DA Jeff Rosen expressed the same concern about how to even
define or determine someone’s caste (Youtube)
“I know a little about caste. What I've learned is if you ask five
South Asians what caste is you get 15 different opinions about what it
is. I know that there have certainly been discriminatory practices in
societies all over the world since the beginning of time. As district
attorney I'm focused on whether there is discrimination or hate crime
or violence based on discrimination in my county and while there have
been hate crimes committed in our County, I'm not aware of anything
related to caste and hate crimes or criminal violations. And so I just
wonder if the bill is necessary.
I'm also very concerned about anyone being stigmatized or any
Community being assumed to be racist because they look a certain way
or come from a certain place. And so one of the concerns I certainly
would have about a bill that talks about caste discrimination is it
strikes me as discriminating against Indian Americans and making them
suspect in some way that others are not. “
Jeff Rosen, Santa Clara County District Attorney
The now withdrawn lawsuit by the CRD against two Cisco Engineering
leaders confirms that caste discrimination is already illegal under
the existing California law. SB403 itself contains language which says
that it should not be interpreted that caste based discrimination is
not already covered. We do not require a new law which specifically
targets the South Asian community, which will be affecting our future
generations and subjecting them to caste scrutiny because of their
descent.
We petition Cupertino City Council under the Cupertino Municipal Code
2.08.030 to study SB-403 and put it on the agenda ASAP to give us an
opportunity to express our concerns. We also ask that the council pass
a resolution condemning it on our behalf.
The matter is urgent as the SB-403 is being unfairly fast tracked to
avoid public scrutiny. It already went through Senate Judicial review,
Budget review and Senate vote in less than 2 months and is being
rushed through the Assembly.
Most of the contents read above have already been sent to you in
writing which I have also attached to this email here. That email was
on behalf of myself and 69 other residents of Cupertino. That email
was not acknowledged.
I urge you now to please schedule a special meeting with this topic
being the only item on the agenda ASAP.
Thanks,
Bikram
From:Vikram Saxena
To:City Council; City Clerk; Cupertino City Manager"s Office
Cc:City Attorney"s Office
Subject:Request to put Resolution against SB403 on City Council Agenda ASAP
Date:Wednesday, June 21, 2023 3:57:06 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear City of Cupertno City Clerk,
Please include the following as a part of the oral communications for agenda item 7 for today's
meeting on my behalf.
Dear Mayor Wei, Vice Mayor Mohan and the City Council,
I am writing to you to ensure that we discuss the issue of a resolution against SB403 in
Cupertino city council as soon as possible.
The bill is being rushed through the legislative process without due diligence or understanding
of the potential impact. Hence, time is of the essence.
Existing California laws against discrimination list out the protected characteristics like race,
national origin, ancestry, religion etc. They do not explicitly list specific groups, unlike SB-
403 which has a focus on South Asians. An equivalent statement would be a law which
explicitly states that "Christians have a long history of anti-semiticism leading to the
Holocaust by the Germans" or "Taiwanese born people discriminate against PRC-born
Chinese"
Our laws are meant to protect our residents from discrimination, they are not meant to label a
particular group as discriminatory. Singling out a specific minority community is unfair and
the bill is not facially neutral. Our US born children do not understand or identify with caste.
Santa Clara County DA Jeff Rosen expressed the same concern about how to even define or
determine someone’s caste (Youtube)
“I know a little about caste. What I've learned is if you ask five South Asians what caste is
you get 15 different opinions about what it is. I know that there have certainly been
discriminatory practices in societies all over the world since the beginning of time. As district
attorney I'm focused on whether there is discrimination or hate crime or violence based on
discrimination in my county and while there have been hate crimes committed in our County,
I'm not aware of anything related to caste and hate crimes or criminal violations. And so I
just wonder if the bill is necessary.
I'm also very concerned about anyone being stigmatized or any Community being assumed to
be racist because they look a certain way or come from a certain place. And so one of the
concerns I certainly would have about a bill that talks about caste discrimination is it
strikes me as discriminating against Indian Americans and making them suspect in some
way that others are not. “
-Jeff Rosen, Santa Clara County District Attorney
I urge you to put the resolution against SB403 on the agenda as soon as possible.
Regards,
-Vikram Saxena
From:S B
To:City Council; City Clerk; Cupertino City Manager"s Office
Cc:City Attorney"s Office
Subject:Re: Residents Petition (Municipal Code 2.08.030) for a resolution on SB403
Date:Wednesday, June 21, 2023 10:32:37 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Madam City Clerk,
I would like for this email to be read as part of the oral communications for agenda item 7 on
my behalf.
Dear Mayor Wei, Vice Mayor Mohan and the City Council,
The residents of Cupertino are very concerned about a new bill SB-403 being rushed through
the California legislature. This bill unfairly targets the Indian Americans & the Hindu
community as presumptively guilty of caste discrimination.
We affirm that discrimination in any form is unacceptable, and must be addressed by the
state. Existing California laws against discrimination list out the protected characteristics like
race, national origin, ancestry, religion etc. They do not explicitly list specific groups, unlike
SB-403 which has a focus on South Asians. Singling out a specific minority community is
unfair and the bill is not facially neutral.
The recent Carnegie Endowment survey shows that a majority of Indian Americans are not
caste conscious with that number being higher among American born Indian Americans. Our
children learn about caste in schools; they do not have any idea what caste they need to
identify with, and we have no way to prove or establish our caste. Santa Clara County DA
Jeff Rosen expressed the same concern about how to even define or determine someone’s
caste (Youtube)
“I know a little about caste. What I've learned is if you ask five South Asians what caste is
you get 15 different opinions about what it is. I know that there have certainly been
discriminatory practices in societies all over the world since the beginning of time. As district
attorney I'm focused on whether there is discrimination or hate crime or violence based on
discrimination in my county and while there have been hate crimes committed in our County,
I'm not aware of anything related to caste and hate crimes or criminal violations. And so I
just wonder if the bill is necessary.
I'm also very concerned about anyone being stigmatized or any Community being assumed to
be racist because they look a certain way or come from a certain place. And so one of the
concerns I certainly would have about a bill that talks about caste discrimination is it
strikes me as discriminating against Indian Americans and making them suspect in some
way that others are not. “
Jeff Rosen, Santa Clara County District Attorney
The now withdrawn lawsuit by the CRD against two Cisco Engineering leaders confirms that
caste discrimination is already illegal under the existing California law. SB403 itself
contains language which says that it should not be interpreted that caste based
discrimination is not already covered. We do not require a new law which specifically
targets the South Asian community, which will be affecting our future generations and
subjecting them to caste scrutiny because of their descent.
We petition Cupertino City Council under the Cupertino Municipal Code 2.08.030 to
study SB-403 and put it on the agenda ASAP to give us an opportunity to express our
concerns. We also ask that the council pass a resolution condemning it on our behalf.
The matter is urgent as the SB-403 is being unfairly fast tracked to avoid public scrutiny. It
already went through Senate Judicial review, Budget review and Senate vote in less than 2
months and is being rushed through the Assembly.
Most of the contents read above have already been sent to you in writing which I have also
attached to this email here. That email was on behalf of myself and 69 other residents of
Cupertino. That email was not acknowledged.
I urge you now to please schedule a special meeting with this topic being the only item on the
agenda ASAP.
Regards
Sashi
On Jun 14, 2023, at 5:45 PM, S B <sashibegur@gmail.com> wrote:
Dear Mayor Wei, Vice Mayor Mohan and the City Council,
The undersigned residents of Cupertino are very concerned about a new bill SB-
403 being rushed through the California legislature. This bill unfairly targets the
Indian Americans & the Hindu community as presumptively guilty of caste
discrimination.
We affirm that discrimination in any form is unacceptable, and must be
addressed by the state. Existing California laws against discrimination list out the
protected characteristics like race, national origin, ancestry, religion etc. They do
not explicitly list specific groups, unlike SB-403 which has a focus on South
Asians. Singling out a specific minority community is unfair and the bill is not
facially neutral.
The recent Carnegie Endowment survey shows that a majority of Indian
Americans are not caste conscious with that number being higher among
American born Indian Americans. Our children learn about caste in schools; they
do not have any idea what caste they need to identify with, and we have no way
to prove or establish our caste. Santa Clara County DA Jeff Rosen expressed the
same concern about how to even define or determine someone’s caste (Youtube)
“I know a little about caste. What I've learned is if you ask five South Asians
what caste is you get 15 different opinions about what it is. I know that there
have certainly been discriminatory practices in societies all over the world since
the beginning of time. As district attorney I'm focused on whether there is
discrimination or hate crime or violence based on discrimination in my county
and while there have been hate crimes committed in our County, I'm not aware
of anything related to caste and hate crimes or criminal violations. And so I just
wonder if the bill is necessary.
I'm also very concerned about anyone being stigmatized or any Community
being assumed to be racist because they look a certain way or come from a
certain place. And so one of the concerns I certainly would have about a bill
that talks about caste discrimination is it strikes me as discriminating against
Indian Americans and making them suspect in some way that others are not. “
Jeff Rosen, Santa Clara County District Attorney
The now withdrawn lawsuit by the CRD against two Cisco Engineering leaders
confirms that caste discrimination is already illegal under the existing
California law. SB403 itself contains language which says that it should not
be interpreted that caste based discrimination is not already covered. We do
not require a new law which specifically targets the South Asian community,
which will be affecting our future generations and subjecting them to caste
scrutiny because of their descent.
We petition Cupertino City Council under the Cupertino Municipal Code
2.08.030 to study SB-403 and put it on the agenda ASAP to give us an
opportunity to express our concerns. We also ask that the council pass a resolution
condemning it on our behalf.
The matter is urgent as the SB-403 is being unfairly fast tracked to avoid public
scrutiny. It already went through Senate Judicial review, Budget review and
Senate vote in less than 2 months and is being rushed through the Assembly.
There are a few more articles written widely on this topic:
1. Caste bill would harm California’s South Asian communities: Legislation
may be well-intended, but the unintended negative consequences are enormous.
By Barbara McGraw The Mercury News
https://www.mercurynews.com/2023/04/20/opinion-caste-bill-would-harm-
californias-south-asian-communities/
2. Preliminary Thoughts on Potential Constitutional Flaws in SB 403, a
California Proposal to Prohibit Caste Discrimination by Vikram David Amar
https://verdict.justia.com/2023/05/16/preliminary-thoughts-on-potential-
constitutional-flaws-in-sb-403-a-california-proposal-to-prohibit-caste-
discrimination
3. Why California’s caste discrimination bill is itself discriminatory. Suhag
Shukla
https://religionnews.com/2023/05/17/why-californias-caste-discrimination-bill-is-
itself-discriminatory/
4. Not all California innovations are good: stop SB 403. Samir Karla. Capital
Weekly.
https://capitolweekly.net/not-all-california-innovations-are-good-stop-sb-403/
5. A letter from HAF (Hindu American Foundation) that articulates the problems
with this bill.
https://www.hinduamerican.org/say-no-to-sb403
6. Carnegie Endowment Survey
https://carnegieendowment.org/2021/06/09/social-realities-of-indian-americans-
results-from-2020-indian-american-attitudes-survey-pub-84667
7. Santa Clara County DA Jeff Rosen's views on SB-403:
https://youtu.be/_41wmoXLHms?t=22
We strongly urge the City of Cupertino to oppose SB-403.
Thank you very much.
Sincerely (70 Cupertino Residents Signed this petition - listed in alphabetical
order of first names)
1.
Ajay Agarwal
2.
Ajith Dasari
3.
Akshara Barulkar
4.
ALN Reddy
5.
Anirudh Viswananthan
6.
Archana Panda
7.
Ashwin Krishnan
8.
Chitra Iyer
9.
Debjyothi Paul
10.
Deepak Sherlekar
11.
Durgesh Srivastava
12.
Girish Thobi
13.
Gita Rayanker
14.
Govind Tatachari
15.
Hetal Panchal
16.
Indu Raina
17.
JY Bharadwaj
18.
Krithika Srinivasan
19.
Latha Recharla
20.
Madhuri Dubey
21.
Manish Gajjar
22.
Meena Vijekar
23.
Meeta Upadhyay
24.
Mita Mohanty
25.
Muni Madhdhipatla
26.
Namita Kumar Sripathi
27.
Neha Raina
28.
Nirmalendu Das
29.
Nirupama Chiplunkar
30.
Nivedita Archarya
31.
Prabha Krishnaswami
32.
Prabhir Mohanty
33.
Pradeep Dubey
34.
Prakash Ranade
35.
Pallavi Kumar Sripathi
36.
Praveen Mohanan
37.
Radha Narayanan
38.
Rajesh Narayanan
39.
Ram Sripathi
40.
Ranjan Desai
41.
Rattan Raina
42.
Ravi Kale
43.
Ravi Kiran Singh
44.
Rishita Madhdhipatla
45.
Ritvik Madhdhipatla
46.
Sagorika Das
47.
Sahana Narayanan
48.
Sai Mylavarapu
49.
Santosh Rao
50.
Sarika Agarwal
51.
Sashi Begur
52.
Satyen Kansara
53.
Seema Bharadwaj
54.
Senhal Panchal
55.
Shreyas Karthik Vakkalanka
56.
Siddarth Viswanathan
57.
Sonali Padgoankar
58.
Sravya Vakkalanka
59.
Sudeep Kumar
60.
Supreeth Rao
61.
Sumedha Sherlekar
62.
Surya Vakkalanka
63.
Sushma Ranade
64.
Susmitha Vakkalanka
65.
Thirupathaiah Gande
66.
Uday Barulkar
67.
Venkat Ranganathan
68.
Venki Ayalur
69.
Vikram Saxena
70.
Vishi Iyer