Point Reyes Light - February 23, 2006

Supervisors eliminate unnecessary 'citizens'

By Jonathan B. Opet

The board of supervisors recently deleted the word "citizen" from county codes in an attempt to clarify who in West Marin and elsewhere in the county is eligible for services and legal protection.

The word "citizen" was replaced 12 times in the Marin County Code with the words "resident," "consumer," "people" or "persons." John Ortega, 76, of San Rafael, initiated the change and said non-citizens in West Marin and throughout the county are part of the economy and eligible for services, but the old language didn’t say that. "Nobody thinks of it unless you bring it up."

Farm workers will benefit

"The change has been mentioned as an ethnic thing," Ortega said, "That is what it is all about." Ortega sees the small change in the code as a big win for Latino rights. A lot of businesses in Marin County, especially farms and ranches in West Marin, hire workers who are not always citizens, he said. "We depend on the Latino to eat and to do the hard work."

One change deals with low and moderate-income housing. It used to read "capricious development has caused … a severe shortage of housing for citizens of low and moderate income." Deputy County Council Byron Toma helped update the laws and said the change tells non-citizens they are – and always have been – included in the law. It is very likely that a non-citizen would read the old ordinance and assume the law was not about them, he said.

Another change allows county emergency workers to "command the aid" of residents rather than citizens in an emergency or war.

That sounds like a big deal, but Toma expects the new wording will only clarify what has always been the law.

The remaining changes are to names of county offices; inserting the phrase "welfare of residents" where it previously said "welfare of citizens"; giving residents information on smoking; acknowledging motorcycle noise bothers residents; and changing "citizen complaint" to "consumer complaint" in a section regarding medical services.

The activist

About a year ago, Ortega, a lifelong advocate of civil rights, told the board of supervisors that wording in an agreement between Marin Telecommunications Agency and Comcast was incorrect. The contract used citizen to refer to someone who watched cable television. He said not every consumer was a citizen as the contract implied.

In response, the board looked at every use of citizen in the code and decided to update the laws to let non-citizen residents and people visiting the county know they are eligible for services and protection.

"It lets all people know that they are protected under the law," Supervisor Susan Adams, who spearheaded the change, said. "Whether you are a visitor, not a citizen or an international student."

Ortega has witnessed the state change its attitude and acceptance of immigrants over his lifetime and said the change in language is very significant. In the late 1960s "no one knew who the Latino was!" he said.

Adams publicly thanked Ortega two months ago at San Rafael City Hall. She was impressed by his commitment to justice and proud of the county’s response. "It’s democracy at work," she said.

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