Slavery Apology Bill Passes Assembly, Moves To Newsom’s Desk

A bill that would issue a formal apology by the state for human rights violations and crimes against humanity on African slaves and their descendants was passed by the Assembly in a final 72-0 vote on Thursday, moving the bill up to Governor Gavin Newsom’s desk.

Assembly Bill 3089, authored by Assemblyman Reggie Jones-Sawyer (D-Los Angeles), would provide that the State of California recognizes and accepts responsibility for all of the harms and atrocities committed by the state, and entities under its jurisdiction who promoted, facilitated, enforced, and permitted the institution of chattel slavery and the enduring legacy of ongoing incidents from which the systemic structures of discrimination have come to exist. In addition, AB 3089 would further provide that the State of California apologize for perpetuating the harms African Americans have faced and affirms its role in protecting the descendants of enslaved people and all Black Californians. The bill would also require a plaque memorializing this apology to be publicly and conspicuously installed and maintained in the State Capitol Building.

Assemblyman Jones-Sawyer authored the bill as one of fourteen reparations related bills earlier this year. As giving out direct cash payments isn’t an option because of a severe lack of popularity in the Legislature, in the Governor’s office, and amongst residents for them, legislators working on creating bills based on the recommendations of the California Reparations Task Force had to find non-monetary options. Also pressing is the state’s $73 billion deficit, leaving little room for anything costing too much. AB 3089, consisting of a simple apology and a plaque to be placed in the Capitol, proved to be one of the most benign and least expensive options for legislators.

While many of the 14 reparations bills are not expected to pass, AB 3089 managed to gain steam earlier this year because of the symbolism of such an action. In two Assembly Committee meetings this year, AB 3089 passed both with 0 nay votes, but with many Assemblymembers simply choosing not to vote as well because of the controversial nature of the reparations bills as a whole. The pre-amendment AB 3089 passed the Assembly with a 62-0 vote in May with nearly a quarter of the Assembly also not voting on the bill as protest. Minor amendments were made during the summer, mostly pertaining to the plaque, were added in, necessitating an additional Assembly vote in August.

“AB 3089 represents the first effort to heal and accept the wrongs of our state’s past,” said Jones-Sawyer earlier this year. “Knowing that laws aimed at suppressing the economic, academic, civil, and human rights of a specific community were purposeful, and effective, we can now work to ensure equitable measurers are put forth to quash the effects of those former laws.”

A 72-0 vote

Steady opposition remained against this bill, with opponents pointing out that California was never a slave state and that many of the reparations bills are likely to get legal challenges in the future because of their legal questionability.

Nonetheless, AB 3089 passed the Senate floor vote 32-0 with 8 abstentions earlier this week, and on Thursday, passed the Assembly vote 72-0 with 7 abstentions. The bill is now on the Governor’s desk where he is expected to sign it by the September 30th deadline. While many opponents still are hoping for a veto, they noted that this bill is much more benign than some of the more extreme measures and reparations proposals made in the last few years, including a massive $800 billion reparations estimate by the Reparations Task Force last year that was literally laughed off as a suggestion by the public and lawmakers.

“AB 3089 made the argument of an apology, and there have been a few shady things with California’s past,” explained Legal adviser Richard Weaver to the Globe on Friday. “The fact that 2,000 slaves had been brought here in the 1850s, then subsequently freed it should be stated, is there. But the plaque and apology, as well as other reparations bills passed, creates that precedent for bigger things that puts other Californians at a disadvantage, especially anything have to do with home ownership and loans. That is a very tricky subject at the moment.

“Well over half the state opposes reparations with any monetary strings attached, and many Democratic lawmakers, including Governor Newsom, have said they won’t support those. And the current budget crisis,  let’s not forget, has most lawmakers not wanting to spend more. So those wanting reparations have been very limited to what they can do.

“And then there are the legal challenges. They have to run these bills past lawyers to make sure they are sound. So, if it is between an apology and a plaque, versus a big cash payout, everyone would rather have this option. For the reparations people, it’s better than nothing, and for those against it, it could have been much, much worse.”

Gov. Newsom is expected to make his decision on the bill in the coming weeks.