SAN FRANCISCO (CBS SF) — Two Asian-American groups have challenged the state’s shark fin ban in a federal lawsuit in San Francisco, claiming it discriminates against Chinese Americans because it blocks cultural uses of shark fin soup.
“It discriminates against people of Chinese national origin by targeting and suppressing ancient cultural practices unique to people of Chinese national origin,” the lawsuit alleges.
The complaint was filed in U.S. District Court on Wednesday by the San Francisco-based Chinatown Neighborhood Association and the Burlingame-based Asian Americans for Political Advancement.
It names California Gov. Jerry Brown, Attorney General Kamala Harris and Fish and Game Department Director Charlton Bonham as defendants.
The law, enacted as AB 376 last fall, bans possession and sale of shark fins that are detached from shark bodies. It went into effect Jan. 1, but contains an exception allowing restaurants and individuals to use or sell previously legally obtained fins until July 1, 2013.
The purpose of the law, according to the Legislature’s wording, is to “help ensure that sharks do not become extinct as a result of shark finning.”
Shark finning is the practice of catching a shark, cutting off the fins, and throwing the body of the fish back into the water to die.
The lawsuit says shark fin soup is “a ceremonial centerpiece of traditional Chinese banquets” and is used in celebrations of weddings, birthdays of elders and festivals such as Chinese New Year. Its use dates back to the Ming Dynasty in the 14th century, the lawsuit says.
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