Condemn anti-Asian hate crimes and hold MTA accountable!

[Sizwe_X]

FYI...feel free to redistribute.

Please sign and disseminate to your networks. Act against anti-Asian hate crime!

http://www.petitiononline.com/mtahate1/petition.html


Condemn anti-Asian hate crimes and hold MTA accountable!

On March 16, 2007 the New York Post reported that 17 year old Asian high school student, Marie Stefanie Martinez was assaulted in New York by a group of teenagers on a MTA B82 bus due to their perception that she looked “Chinese” even though she is of Filipino descent. Ms. Martinez was punched, kicked, and subjected to slurs in what can be categorized as a hate crime based on her attackers animus towards her perceived ethnicity.

Reportedly, the MTA bus operator who witnessed the assault did nothing to intervene during the course of the assault on Ms. Martinez and neglected his moral and ethical duty to ensure the safety of MTA riders and punctuated his negligent conduct by allegedly advising Ms. Martinez, who was still wearing her Catholic school uniform, to "go talk to a priest" after the assault.

This petition seeks the following:

1) The MTA and NYPD conduct a vigorous full and complete investigation into the incident ensuring that any violations found of any applicable hate crimes statutes are fully applied.

2) The bus operator be subjected to discipline commensurate to the action of permitting riders to commit a hate crime on a MTA rider. If the bus operator is found to have permitted the assault to have taken place and informed Ms. Martinez to “go talk to a priest”, MTA should subject the bus operator to termination from his position.

By signing this petition, you state that you agree with the aforementioned two points.

Let this serve as notice that the Asian American community remembers the hate crimes perpetrated on Fermin Tobera, Vincent Chin, Thong H. Huynh, An Pech, Ly Yung Cheung, Navroze Mody, Raphanor Or, Ram Chun, Sokhim An, Thuy Tran, Oeun Lim, Ming Hai "Jim" Loo, Heng Lim, Hung Truong, the Nakashima Family, Luyen Phan Nguyen, Sam Nhang Nhem, Thanh Mai, Eddy Wu, Thien Minh Ly, Kanu Patel, Mukesh Patek, Naoki Kamijima, Won-Joon Yoon, Joseph Ileto, Sandip Patel, Theo Pham, Ji-ye Sun, Anil Thakur, Thung Phetakoune, Kenny Chiu, Balbir Singh Sodhi, Waqar Hasan, Mijanaur Rahman, Mohammed Sakawat, Vasudev Patel, Lili Wang, Bang Mai, Charlotte Colton, Ze Fairchild, Maleka Higgins, Nicola Grant, Guadalupe Swartz, Dexter Shannon, Beverly Graham, Song Sun Lee, Stephen Kam Yan Li, and the countless other Asians and Asian Americans who have suffered the ultimate price due to racial hatred aimed at the Asian/Asian American community. We will not tolerate hate crimes and will vigorously act to ensure justice in our communities.

http://www.nypost.com/seven/03182007/news/regionalnews/girls_bloody_beating_regionalnews_dan_mangan______ __and_leela_de_kretser.htm

http://www.nypost.com/seven/03212007/news/regionalnews/girl__14__nabbed_in_student_bus_beating_regionalne ws_erika_martinez_and_leela_de_kretser.htm

[minbo]

I can get behind castigating the MTA as an organization, but I can't get behind reprimanding or firing the bus driver.

He may be uniformed and have protections against assault similar to law enforcement officers (LEO), bus drivers are not law enforcement officers. Additionally, I know that the MTA guidelines for token booth attendants is to not intervene in criminal acts. To not to leave the safety of the token booth and call LEO. This arose when a woman was raped in a train station. She had been attacked on a platform, but escaped and fled up the stairs screaming signalling the token booth attendant. She was caught at the top of the stairs, dragged back down to the platform and assaulted. The token booth attendant followed procedure and called 911, did not intervene in any way. I think that that act was far more heinous then the racially motivated assault.

As a human being, it may be morally wrong not to have interceded (in either case), but it was not a failure on his job performance. If we now want the MTA to make it a job duty to intercede, then we need to give them the funding to properly train their employees on how to respond, as well as any increases in insurance and liability costs.

[Sizwe_X]

If the report is accurate about the operator's statements regarding "go tell a priest" and the driver did not report the assault to the authorities, then the driver and subsequently MTC basically refused to provide a public accommodation on the basis of Ms. Martinez creed and/or ancestry and/or national origin, either way, the MTC is liable for the inaction and action of its agents.

Probably a violation of Title VI of the Civil Rights Act of 1964 in there, as well.


http://www.nyc.gov/html/cchr/html/public.html

PUBLIC ACCOMMODATIONS

Anyone who provides goods and services to the general public is considered a public accommodation. It is against the law for a public accommodation to withhold or refuse to provide those goods or services; charge a different amount for the same goods or services; set different terms for obtaining those goods or services; discourage certain people from using them; or advertise or make statements that would make you feel unwelcome because of your race, color, creed, age, national origin, alienage or citizenship status, gender (including gender identity), sexual orientation, disability, marital status, and partnership status. Please note that there are limited exemptions from the provisions of this law based upon gender and age.

Some examples of public accommodations include stores, banks, medical or dental offices, government agencies, hair salons, health clubs, hospitals, hotels, libraries, theaters, restaurants, schools, and taxis.

[Sizwe_X]

Interesting, that this incident wouldn't be considered newsworthy.

[atlasien]

I've read about it on some of the better racial analysis sites.

But you're right, it hasn't hit the news.

I think there is a coalition of shame suppressing stories like this. On the mainstream white-dominated moderate liberal-to-conservative side, no one really gives a damn about some Asian girl getting beat up because of her race.

After all, racism isn't a problem in today's America. If it is, it's a problem that might go away if we don't pay any attention.

On the black activism side, there's a huge reluctance to face the fact that blacks can be racist against Asians.

On the Asian side, the typical "don't rock the boat" mentality comes in. Why make a big deal out of the case, after all white people AND black people might accuse us of making a big deal out of nothing. Even if it's some poor girl practically getting lynched.

It's a typical depressing dynamic when it comes to incidents between minority groups. I think the problem of Latino-against-black violence in LA also is affected by this.

In order to build minority and antiracist coalitions we have to acknowledge differences and tensions and problems, as well as similarities and common goals.

What SHOULD happen is that 1. Asians make a very big deal about it 2. black people then step up and use it as a teaching/learning experience about Anti-Asian violence, and 3. seeing a united front, white people have to recognize it and come to a greater awareness of problems of racial stereotyping and violence.

[Sizwe_X]

Mayor Bloomberg

http://www.nyc.gov/portal/site/nycgov/menuitem.bd08ee7c7c1ffec87c4b36d501c789a0/index.jsp?doc_name=http%3A%2F%2Fwww.nyc.gov%2Fhtml %2Fmail%2Fhtml%2Fmayor.html

MTA Bus President Thomas Savage

http://mta-nyc.custhelp.com/cgi-bin/mta_nyc.cfg/php/enduser/ask.php


HATE CRIMES TASK FORCE -Commanding Officer Inspector Michael J. Osgood

http://www.nyc.gov/html/mail/html/mailnypd.html

[Apollyon]

After all, racism isn't a problem in today's America. If it is, it's a problem that might go away if we don't pay any attention.

The problem in contemporary America isn't that they want the racism problem to go away, they just don't want to hear about it.

[Sizwe_X]

I've read about it on some of the better racial analysis sites.

But you're right, it hasn't hit the news.

I think there is a coalition of shame suppressing stories like this. On the mainstream white-dominated moderate liberal-to-conservative side, no one really gives a damn about some Asian girl getting beat up because of her race.

After all, racism isn't a problem in today's America. If it is, it's a problem that might go away if we don't pay any attention.

On the black activism side, there's a huge reluctance to face the fact that blacks can be racist against Asians.

On the Asian side, the typical "don't rock the boat" mentality comes in. Why make a big deal out of the case, after all white people AND black people might accuse us of making a big deal out of nothing. Even if it's some poor girl practically getting lynched.

It's a typical depressing dynamic when it comes to incidents between minority groups. I think the problem of Latino-against-black violence in LA also is affected by this.

In order to build minority and antiracist coalitions we have to acknowledge differences and tensions and problems, as well as similarities and common goals.

What SHOULD happen is that 1. Asians make a very big deal about it 2. black people then step up and use it as a teaching/learning experience about Anti-Asian violence, and 3. seeing a united front, white people have to recognize it and come to a greater awareness of problems of racial stereotyping and violence.

Actually, I was referring to APA news sites, forums, and weblogs with the notable exception of AAM. You would think that a hate crime against APA individuals would merit a response, or at least coverage.

If anyone is interested in writing or faxing, here is additional info. I have also taken the liberty of including the web form if anyone is interested in submitting a Freedom of Information Law request regarding the MTA's investigation into the incident.

Mayor Bloomberg contact info
Mail: City Hall, New York, NY 10007
Fax: (212) 788-8123

MTA Bus President Tom Savage contact info
130 Livingston Plaza, 12th Floor
Brooklyn, New York 11201

NYPD Hate Crimes Task Force Commanding Officer Inspector Michael Osgood contact info
HateTF@nypd.org

http://mta-nyc.custhelp.com/cgi-bin/mta_nyc.cfg/php/enduser/ask.php?p_prod_lvl1=70&p_prod_lvl2=72&p_cat_lvl1=35

[atlasien]

I've emailed several of those links. Thanks Sizwe_X!

[Sizwe_X]

I've emailed several of those links. Thanks Sizwe_X!

No problem...we've got to hold these folks accountable.

[Sizwe_X]

MTA asserts in response to a FOIL request that they don't have any documentation regarding this incident, though NYPD Transit police may. Sounds like they probably didn't discipline the driver.

[Sizwe_X]

http://pacificcitizen.org/content/2007/national/apr6-stom-mta.htm

AA Community Rallies Around 17-Year-Old Teen Beaten on New York MTA Bus


By Caroline Aoyagi-Stom, Executive Editor
Published April 6, 2007

Members of the New York Asian American community are rallying behind a Filipino American teen who was attacked by a group of youths for looking "Chinese" while riding an MTA bus on her way home from school, all while the bus driver allegedly stood by doing nothing.

Local AA groups are demanding that the New York Police Department look into the beating of Marie Stefanie Martinez, 17, on March 16 as a possible hate crime and are seeking accountability from the MTA, especially since the victim claims the driver did not come to her aid.

"Ms. Martinez could be your mother, your daughter, your sister, your cousin. If Asians or Asian Americans are being assaulted on the basis of someone's perception that we 'look Chinese' then racism and hatred isn't making the distinction between whether or not someone is Filipino American, Hmong American, Chinese American, Vietnamese American," said Jun Zuniga, a Filipino American, who has started an online petition condemning the recent assault on Martinez.

"Our political leaders need to be held accountable when hate crimes against our community occur. We have to help steer public policy."

On March 20 two teens - a 14-year-old girl and a 17-year-old boy - were arrested for the beating of Martinez by the NYPD's hate crime task force and taken into custody. The girl is currently being detained in juvenile detention while the investigation continues. The 17-year-old boy allegedly hit Martinez in the face.

Martinez was riding the MTA B82 bus after finishing school and was heading to her Brooklyn home on March 16 when the beating occurred. According to local media reports, Martinez was confronted by a group of about nine to ten hostile teens who taunted her for looking "Chinese" even though she is of Filipino descent.

Suffering cuts and bruises from the assault, Martinez was finally rescued by a good Samaritan. As she got off the bus, Martinez says the driver told her to "go talk to a priest" likely because she was wearing her Catholic school uniform at the time.

Martinez has now filed a civil lawsuit against the MTA seeking monetary damages and changes to the current MTA policies.

Charles Seaton, a spokesperson for the MTA, said he could not comment on any pending lawsuits but said the incident is "under investigation."

"Marie is devastated. She is afraid to ride the bus and she wants to go back to the Philippines," said Martinez' attorney Rosemarie Arnold, who noted that volunteers are driving the teen to and from school since she no longer feels safe riding the MTA bus.

Arnold says she has received a letter from the MTA admitting fault in the incident and promising to "investigate the incident." She also noted the police have been "helpful" in investigating the attack on her client.

The beating of Martinez has rallied members of the New York AA community and they are demanding accountability from the MTA and that the NYPD look into the incident as a hate crime.

"We want to let [Marie Martinez] know she's not alone," said Jian Feng Xu, board member of the United Chinese Association of Brooklyn, who noted the group is currently working on a press conference with the student and her attorney. "We want to publicize this to motivate the MTA and the police to do the right thing. We want to let other people out there know that we won't tolerate this."

So far the "Condemn anti-Asian hate crimes and hold MTA accountable!" petition started by Zuniga has already garnered more than 2,400 signatures of support.

"I want to encourage Asian Americans to report when these bias crimes occur so that American society at large starts to realize that Asians or Asian Americans will not sit idly by and tolerate hate crimes committed against us on the basis of our race and or ethnicity," said Zuniga.