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In the alternative, we strongly urge you to implement policies that uphold the human rights to housing, healthcare and equality by investing in a robust infrastructure to house individuals who live on the streets, and to provide the comprehensive mental health services needed to achieve stabilization. Let your legacy as Governor be one that takes active pro-human rights, anti-racist steps to reduce state-imposed violence against unhoused BILPOC with disabilities, not one that further embeds and perpetuates racist and ableist structures. The Governor of California should not be in the business of systemically furthering the loss of bodily autonomy, when our own state history demonstrates that systems like these not only ultimately fail, but cause generational harms. Further, it will only lead to institutionalization and criminalization of those already isolated in the streets and increase stigma, discrimination, and the likelihood of abuse and exacerbation of current abuse experienced by people with mental health disabilities. CARE Court would pour millions of dollars into a new coercive civil court framework, while ignoring the State’s desperate needs for deeply affordable housing and supportive services. ” Yet, we already know that because of systemic racism in the housing, economic, medical, and law enforcement systems, the use of CARE Court will disproportionately fall on BILPOC, and LGBTQ+ people with disabilities. In April of 2021, following the verdict in the Derek Chauvin trial, you stated that “We must continue the work of fighting systemic racism and excessive use of force. We call on you to stop promoting the CARE Court legislation and to redirect your energies toward creating the trauma-informed, evidence-based solutions of integrated housing and voluntary services at the scale needed to serve all of California’s residents. As the Governor of California, with a highly visible national role, you have a moral imperative to lead in protecting and promoting human and civil rights. Concerningly to us, because of California’s nationwide leadership role, a harmful policy like CARE Court is likely to be replicated across the country.
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The CARE Court bill would create a new civil court system with mechanisms to force involuntary medical treatment and loss of autonomy and liberty in addition to the collective loss of other human and civil rights. Evidence shows unhoused people with mental health disabilities need community-integrated, deeply affordable, accessible housing with voluntary services. But CARE Court will not solve the complex issues of homelessness in California, nor will it meet the needs of unhoused people with mental health disabilities – primarily because the investment of funds is in a new court system. We all share the goal of a California, and an America, where no one has to face mental health issues while living without adequate housing. The undersigned individuals and national organizations are collectively dedicated to promoting equity and justice for people with mental health disabilities, people experiencing homelessness, Black, Indigenous, Latinx, and other People of Color (BILPOC), and others who will be disparately impacted by your proposed Community Assistance Recovery and Empowerment (“CARE”) Court system.
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The Honorable Governor Gavin Newsom California State Capitol Open Letter to Governor Newsome - August 11, 2022