GOVERNOR SIGNS LEGISLATION AGAINST RACIAL PROFILING

SACRAMENTO -- Gov. Gray Davis on Tuesday signed a modest ``driving while
black'' bill that disappointed civil rights activists who had pushed for
more sweeping legislation.

As he continued plowing through hundreds of bills still awaiting his
signature, Davis rejected a measure that would have allowed card clubs such
as Bay 101 and Garden City in San Jose to allow blackjack, a lucrative game
that is now offered at Indian gambling casinos across the state.

While Indian tribes were pleased with the blackjack veto, two individual
tribes suffered defeats Tuesday when Davis rejected measures that would
have benefited casinos they are planning to build.

Facing a midnight Saturday deadline, Davis has been plowing through
hundreds of bills this week. According to his aides, the governor had
signed 683 bills and vetoed 148 as of 6 p.m. Sunday, leaving 500 to act on.

The racial profiling measure is intended to ensure that police don't single
out motorists for ``driving while black or brown'' -- stopping non-white
drivers for minor traffic infractions on the assumption that they might
have committed a more serious crime.

The compromise measure was an alternative to more sweeping legislation that
Davis vetoed last year that would have required every police agency in
California to track the race of drivers they pull over for traffic stops.

The law signed by Davis codifies in state law what had already been
declared by the courts: It is illegal for police to stop motorists on the
basis of their race or ethnicity.

The measure also requires all officers to undergo diversity training.

Civil rights groups opposed the measure signed by Davis, arguing that the
only way to combat racial profiling is to collect comprehensive data that
illustrates how extensive the practice might be.

In a statement Tuesday, Davis called racial profiling ``abhorrent.'' But
civil rights activists point out that Republican and Democratic governors
of seven states already have signed laws mandating data collection. Davis
is the only governor in the country to veto such a bill.

Sen. Kevin Murray, D-Culver City, pointed out that since the debate over
racial profiling began, the largest law enforcement agencies in the state,
including the San Jose police and the California Highway Patrol, have begun
voluntarily collecting such data. Many smaller departments have agreed to
do so as well.

``In the final analysis, we are getting data collection in 80 percent of
the state, we are getting 125,000 police officers trained on racial
profiling and they will get a refresher course every five years,'' Murray
said.

Davis' veto of the blackjack bill came as a stinging defeat to owners of
card clubs, who argued that they can't compete with Indian casinos if they
aren't allowed to offer the game.

Representatives for Bay 101 and Garden City, the San Jose clubs, could not
be reached for comment Tuesday.

In his veto message, Davis called the measure unconstitutional and said
that he remains opposed to any major expansion of gambling.

Davis also dealt defeats to two Indian tribes.

Davis rejected a measure that would have stopped construction of a San
Diego landfill that will be built near a casino to be operated by the Pala
band of Mission Indians. The tribe had argued that the landfill was too
close to land they consider sacred.

In his veto message, Davis said he understood the tribe's concerns, but was
reluctant to step in and overturn landfill plans that had been approved by
nearly 70 percent of San Diego County voters.

The governor also vetoed a bill that would have made it easier to build a
new freeway off-ramp for another planned casino near Sacramento, to be
operated by the Shingle Springs band of Miwok Indians.

In other action, the governor signed a bill by state Senate President Pro
tem John Burton that designates the Santa Clara Valley Transportation
Authority as the lead agency in the plans to extend BART to San Jose. It
also sets aside $1.9 million to expand rail service between San Jose and
Roseville, a growing community outside of Sacramento.

An additional $12 million in the bill will help with plans to expand ferry
service in the Bay Area.

Contact Hallye Jordan at hjordan@sjmercury.com or (916) 441-4602. Contact
Dion Nissenbaum at dnissenbaum@sjmercury.com or (916) 441-4603.