“Balancing The Budget”: How Ferguson, Missouri, Uses Cops And The Courts To Prey On Its Residents
More than seven years ago, a black woman parked her car illegally in Ferguson, Missouri. She received two tickets and a $151 fine. The woman, sometimes homeless, struggled to pay it off, and over the next several years she was slapped with seven “Failure to Appear” citations for missing payments and court dates. Each of those citations added to the debt she owed the city and resulted in an arrest warrant. By 2014, she’d been arrested twice, spent nearly a week in jail, and had paid the city $550. As of December, she still owed $541.
“Inexplicable,” is how Attorney General Eric Holder summed up her story at a press conference on Wednesday, at which he unveiled the Department of Justice’s long-anticipated report on the Ferguson police department and municipal court. The report affirms what residents have long said: that officers routinely profile citizens based on their race and violate their constitutional rights. Critically, the report addresses the roots of the police force’s discriminatory practices. Not simply the fault of racist cops, the DoJ asserts, they stem from the way the city preys on residents financially, relying on the fines that accompany even minor offenses to balance its budget.
The report traces the pattern of racial bias from traffic stops to arrests to the courtroom and, finally, to a cycle of incarceration and indebtedness. Black residents make up about 67 percent of the Ferguson population. According to the DoJ, they experienced 85 percent of all traffic stops, 90 percent of citations, 88 percent of incidents in which an officer used force, and 93 percent of all arrests. They received almost all of the citations for petty crimes like jaywalking. Black drivers were twice as likely to have their cars searched as whites, yet significantly less likely to actually have drugs or other contraband. Of the people who spent two or more days in the city jail, 95 percent were black.
Overt, grotesque racism among city officials underlies these statistics. The report includes a handful of e-mails between police and municipal court officials that contain derogatory language, such as a November 2008 message stating that President Obama would not be in office long because “what black man holds a steady job for four years.” Another, from 2011, contained a photo of a group of women dancing topless and “apparently in Africa” with the caption, “Michelle Obama’s High School Reunion.”
But a subtler, systemic pressure also encourages over-policing in Ferguson: the way that the city relies on the fines levied on violators to fund itself. “Officers appear to see some residents, especially those who live in Ferguson’s predominantly African-American neighborhoods, less as constituents to be protected than as potential offenders and sources of revenue,” states the report. This year the city expects to raise $3.09 million of projected $13.26 million in revenue from fines and fees, which it levies wherever possible. An unmowed lawn, for instance, costs Ferguson residents between $77 and $102, though in some other cities it’s a $5 offense.
Not surprisingly, DoJ found that the city “exhorts” police to maximize revenue via stops, citations, and arrests, and in some cases punishes them for failing to meet targets. In 2010, for example, Ferguson’s finance director wrote to the police chief that “unless ticket writing ramps up significantly before the end of the year, it will be hard to significantly raise collections next year…. it’s not an insignificant issue.” Each unpaid fine generates other fees and often arrest warrants; in effect, it is poverty that’s punished.
Hunger for revenue influences how officers act, resulting in excessive uses of force—with Tasers and dogs—,violations of free speech and unreasonable stops or arrests, according to the DoJ. It has also made the police a “collection agency” for the municipal court, and in turn transformed the courtroom into a shakedown site, where the due process and equal protection clauses of the Fourteenth Amendment are abandoned, particularly in cases involving black residents. The court “primarily” uses its authority to “advance the City’s financial interest,” not to advance justice, the DoJ found. The police, meanwhile, use arrest warrants not to protect public safety but as the primary means of collecting outstanding fines.
None of this is particularly surprising to people who’ve come into contact with the criminal-justice system in the St. Louis region. “Municipal courts in this area have always been revenue producers,” said Brendan Roediger, who directs a legal clinic at the St. Louis University School of Law. “It means that bad policing pays off.” Most of the roughly ninety municipalities in St. Louis County have their own courts, which operate part-time and, Roediger says, function much like Ferguson’s: for the purpose of balancing budgets. The town of St Ann, just a few miles east of Ferguson, lost its shopping mall in 2010, and the associated tax dollars. Since then revenue from citations has shot up, from $500,000 to $3.5 million from traffic tickets and fines alone, according to one estimate.
According to Radley Balko of The Washington Post, some towns in St. Louis County collect 40 percent or more of their revenue from fines levied by their municipal courts for petty violations. The town of Bel-Ridge (population 2,700, and more than 80 percent black), for example, was projected to collect an average of $450 per household in municipal court fines in 2014, making those fees its largest source of revenue. That money gets pumped right back into the system; $25,000 goes to the prosecuting attorney for the twelve hours they spend in court each month.
“One of the big fears I have about the DoJ’s report is that it’s going to isolate Ferguson, just because that’s what their purview was, but it’s going to ignore the fact that this is going on in ninety other towns in our region, and in many states in America,” said Thomas Harvey, executive director of the legal aid group Arch City Defenders. “This cycle of being stopped, ticketed, fined and jailed is so pervasive for black people in our region that many folks can’t tell you how many times they’ve been jailed on unpaid fines.” He continued, “I’m not exaggerating when I say that people are literally held in these jails and extorted for monetary payments on a daily basis until they’ve tapped out their friends, their families, everything they’ve got in order to get out.”
Harvey and Roediger think the municipal courts should be dissolved, and the cases turned over to circuit courts. The long list of recommendations for reforms included in the DoJ’s report do not go that far, although the agency did suggest that city reduce fines, develop alternative payment plans, and stop jailing people for failing to pay fines, among other things.
“Nothing is off the table,” Holder warned Ferguson officials during the press conference, noting that although the recommendations are voluntary, his department reserves the right to intervene to protect the constitutional rights of Ferguson’s residents. He nodded to the wider geography of the issue, saying that the DoJ would also work with “surrounding municipalities” to reform their law enforcement practices. It’s “the underlying culture” of the police department and the court system that need to change, he said. As the DoJ’s report shows, the underlying economics need changing, too.
By: Zoe Carpenter, The Nation, March 4, 2015
“Politics, Not Policy, Trumps Police”: Nothing Gets Done On The Policy End Unless There Are Serious Changes In The Political Climate
As a 10-member delegation of Congressional Black Caucus members head to Ferguson on Sunday for a moment of Martin Luther King, Jr. birthday observance with its citizens, there’s been an emerging argument that now is the time for this second coming of the Civil Rights Movement to transition from its current protest phase to a much more mature public policy phase. As we speak, black elected officials on the state, federal and local level are engaged in a mad dash to draft bills addressing a number of issues related to police violence and misconduct.
There’s a big snag, though: nothing gets done on the policy end unless there are serious changes in the political climate. Without any dramatic alterations on the political landscape, don’t expect any radical implementation of public policy, much less full passage of it. Many observers, and even caucus members themselves, describe the flurry of police brutality, law enforcement data and criminal justice reform bills as “dead on arrival” in the very conservative House Judiciary Committee chaired by Rep. Bob Goodlatte (R-VA).
Republicans have shown no real public interest in addressing these issues, although CBC members claim that they will be getting hearings – at least – on the various bills introduced. But an emboldened Republican majority is running things in Congress and a very red political map of Republican governors and supermajorities in state capitols will keep that going.
The problem is that protesters are failing to make a very important distinction between Politics and Policy. These are two separate functions. They’re like cousins: they are definitely related, and yes, they support or, sometimes, fight each other. But the long-held perception that they’re identical twins is flat out wrong.
Ultimately, cousin policy can’t be implemented unless cousin politics is in the mix as bodyguard and hit man. Even when legislation becomes law, there’s no incentive for folks to follow it without political leverage in place to enforce it. President Obama may have signed the Death in Custody Reporting Act as an important nod to protesters, but it’s not like they’re whipping out the Grey Goose – many movement organizers don’t even know that happened.
And once it’s in place, there’s the question of funding and making sure there’s adequate political influence in cities and states to ensure police departments will be compliant.
Jim Crow didn’t suddenly crumble the day the Civil Rights Act was signed. Acceptance, albeit still slow, didn’t happen until black voters were mobilized into a solid political force to be reckoned with. Soon, we were electing black mayors, black city council members, and black state and federal legislators at a frantic pace. Eventually we got a black president. Since 1970, the number of black elected officials combined on the state, federal and local level has risen by about 650 percent (sadly, the folks who faithfully tallied that number over the past 44 years just went out of business last year – and no one seems to care).
We can quibble later over whether that’s translated into full equality for African Americans. But, you can’t argue with one clear fact: we have way greater flexibility to engage fully in society than we’ve ever had before.
Don’t get me wrong: this new discussion about transitioning from protest to policy is a very, very encouraging development. All movements, at some point, have to mature and grasp the legislative process. Recent criticism showed patience wearing thin from both prominent figures watching the movement and those within it as #BlackLivesMatter activists suddenly found themselves losing public sentiment. A recent YouGov poll shows 44 percent of Americans believe protesters should shoulder some responsibility for the murder of NYPD officers Rafael Ramos and Wenijian Liu – along with 40 percent saying police should have more say over law enforcement than the elected officials who pass their budgets and oversee their activities.
Such polling data reveal the uncomfortable reality that protesters are losing the public narrative, which is usually the direct result of a failed political game.
It’s been nearly six months since Michael Brown was killed, police unleashed blue fury on Ferguson, Missouri and Officer Darren Wilson got a pass. To date, the same mayor and city council are in place, with no plans for a recall election in the foreseeable future. That is downright unacceptable.
No heads have rolled and no public firings of ranking officials or police chiefs have taken place in any of those cities where there are large black populations that can be groomed, prepped and mobilized into ferocious take-no-prisoners political machines. Police officers are turning their back on the Mayor of New York City and actively engaging in “work stoppages” – yet, where’s the black political counter-act to that? Progressives and others are always clowning or bashing the Tea Party and other conservative political groups. But current civil rights protesters could actually learn something from them: Tea Party influence may have declined a bit in the past year, but Republican politicians are still forced to shape policy to their liking or face the prospect of job loss in a primary. Stand Your Ground and voter suppression laws would not have passed if powerful interests like the conservative American Legislative Exchange Council hadn’t applied pressure on Republican state lawmakers.
Right now, that’s a missing piece in the movement. People want immediate change they can see, hear and touch. Passing bills through a complex legislative process few average citizens understand won’t make a bit of difference if political blood isn’t spilled first. Bills don’t give you control. Winning elections and running things do.
By: Charles Ellison, Political Animal Blog, The Washington Monthly, January 16, 2015
“Tribal America”: How Do We Bridge the Gap Between ‘Us’ and ‘Them’?
Within hours of the grand jury decisions in Ferguson and Staten Island, protests erupted across America. Sometimes peaceful, sometimes violent, they brought the issue of race and policing to the front burner once again. The heat has now ignited a man who assassinated two New York police officers in a fit of calculated retaliation. The peaceful protesters condemned those murders. The police condemned the protesters, and both condemn politicians. Welcome to tribal America.
In his provocative book, Moral Tribes, Joshua Greene argues that morality evolved to solve the problem of fighting among those who had to cooperate in order to survive. Shared moral rules were evolution’s way of keeping “you” and “me” from mutual destructiveness. “You” and “me” became “we” in service to our shared needs. But when other groups showed up, “we” became “us,” a tribe opposed to “them.” Violence and destruction too often followed, and we still search for a shared morality that works across tribes.
Tribes today can be close geographically as well as virtually, aided in both cases by social media. Common values, customs and ways of thinking bind each “us” and separate it from “them.” Widely dispersed Americans angry at racial injustice form a tribe, as do strong supporters of law enforcement – no matter where any of them live.
Tribes can be helpful or harmful, depending on whether their members work to bridge the “us-them” divide or deepen it. Unfortunately, what we are seeing as police and protesters square off is unproductive.
Ferguson and New York are brush strokes on a wider canvass of tribal behavior in America. On a host of social, political, economic, environmental, and educational issues, tribes abound. Like-minded people find each other and push their agendas. To a point, that is both appropriate and useful as well as consistent with American republican government. But when it goes too far, as it does on many issues, it frays the fabric of the very society it aims to fix. When protestors loot and burn, when an angry man kills police officers, when a mayor tries to distance himself from the police, when police officers turn their back on the mayor, when a former mayor blames the president, and when the chief of police tells the mayor he has blood on his hands, what good is served?
We rightly condemn destructive tribal behavior in places as far flung as the Middle East, Africa, and Eastern Europe. Why don’t we recognize and restrain it at home? If we want to cure our country, it’s time for tribes – and those who wish to lead them – to have the courage to act differently.
Tribes need to listen. This means managing their emotions and practicing the art of dialogue. Listening (not talking) and understanding (not necessarily accepting) the values and views of others helps set angry advocacy aside. Such a respectful, open stance humanizes “them” as well as “us.” When people listen to “them,” it tells them that they have been heard. Until this happens in Ferguson and New York, where most people in both tribes still claim they have not been heard, collaborative solutions will be elusive.
Tribes need to learn. Their tendency is insular – to see from the vantage point of their own biases. They defend and rationalize rather than explore their core assumptions. They get information by cherry picking from sources that are “trusted” because they agree with tribal views. They have an ax to grind, but axes cut things down rather than build them up. Protesters need to learn what the police fear and understand how many are killed or injured in the line of duty. Police need to understand what a black man feels when a police officer approaches and how to alter their own behavior during those encounters. When tribes embrace learning, their views (and then their actions) will change.
Tribes need to focus on the purposes they share with other tribes. Citizens and police both want safe streets and communities. But right now, they are dug in around their positions – what they demand from others, not what they can do for each other and by working together.
Tribes need leadership – from within and without – that does not seek personal gain by showing how much anger they share but seeks to bridge the chasm between them and other tribes. Where is the protest leadership that asks its tribe to calm down, respect the great bulk of police who are doing their best under trying circumstances, and offers solutions that demonstrate not only their own needs but the rightful demands of others? Where are the police chiefs and mayors who are willing to acknowledge and admit that they sometimes make terrible mistakes, that they can and must do better, and that they are asking their communities for constructive suggestions?
Tribes also need supportive politicians and media. The former have been too quick to take sides and inflame. The latter have been too willing to hype the conflict. What percentage of news stories on the events since Michael Brown’s death have focused on those seeking to foster better police-citizen cooperation and understanding? How much coverage have the media given to quiet healers as opposed to those whose anger makes a more enticing sound bite?
We will soon celebrate the birthday and life of Martin Luther King, Jr. Tribal behavior was rampant in his day as well, but King was a “crossover” figure. He urged his followers to love their opponents, and his goal went beyond desegregation to a universal brotherhood. Police and protestors today could learn a lot from this man, for whom there was only one tribe, the tribe of humanity.
By: Terry Newell, Founder, Leadership for a Responsible Society; The Blog, The Huffington Post, December 24, 2014
“Adding Insult To Injury”: First Mike Brown, Then Eric Garner; Prosecutors Can’t Be Trusted To Try Cops
A New York City man who was at most guilty of selling loose cigarettes on the street was tackled and placed in a chokehold by a police officer in late August. The man, Eric Garner, protested that he couldn’t breathe, but the officer with his arm around Garner’s didn’t let up. Today, a grand jury announced that it would not indict the officer, Daniel Pantaleo.
The lack of indictment comes just a week after a grand jury in Ferguson, Missouri, did not indict a police officer there, Darren Wilson, for his role in the shooting death of an unarmed teenager, Michael Brown. Both Eric Garner and Michael Brown are black and their deaths, within just days of each other in August, helped reignite a national conversation—as well as protests—about disproportionate police violence against the black community. At a time when black men are killed by police with disturbing regularity, Garner and Brown’s deaths added urgency to a long-simmering but woefully unaddressed crisis.
I’ll leave it to the legal analysts to rehash the evidence presented to the Pantaleo grand jury. Hopefully there will be a transparent accounting of what was introduced. But the fact that two grand juries in fairly rapid succession have failed to indict police officers involved in highly questionable deaths of unarmed black men should give us all pause. In Panaleo’s case, the grand jury’s refusal to indict him despite his use of dangerous and violent tactics doesn’t pass the smell test. Add in historic patterns of NYPD abuse against black men in New York—Amadou Diallo, Abner Loiuma, stop and frisk generally—and the lack of an indictment downright stinks.
Combined, the two cases suggest that more should be done to decouple criminal investigations of police abuse from the conventional prosecutorial system. Attorneys who usually work hand-in-hand with the police in pursuing other criminal cases can’t honestly be expected to be impartial and aggressive in then prosecuting those same officers. It’s worth noting that when prosecutors nationwide decide to bring charges before a grand jury, they usually succeed. In 2010, for instance, federal prosecutors sought indictments in about 162,000 cases and in only 11 cases did grand juries not return indictments. In the face of those statistics, these two non-indictments are glaring.
Even worse, the failure to indict the officers who killed both Eric Garner and Michael Brown deprives their communities of the transparency and accountability that trials ensure. No one is saying that the officers should be tried if there’s not sufficient evidence, but many legal analysts have agreed there’s enough in both cases to at least warrant a trial. There are questions about facts in terms of both Michael Brown and Eric Garner’s movements before their death, questions of fact that should be debated in a court. There are questions about the officers’ states of mind—questions that could be fleshed out and better understood if the cases went to trial.
But the lack of indictments, now twice in a row, seems to add insult to injury—that not only are black men routinely, disproportionately victimized by the police but they are victimized by a legal system that refuses to hold the police accountable.
By: Sally Kohn, The Daily Beast, December 3, 2014
“The Political Situation In Ferguson Is Toxic”: Underlying Causes Of Ferguson Need To Be Addressed
Missouri is the Show-Me State.
It says so right on our license plates. We Missourians like to think this slogan captures our strength of character, our down-to-earth sensibility and skeptical savvy.
Very different qualities have been on display lately. Missouri has become synonymous with violence and misgovernment in the mayhem that has spiraled since the shooting death of Michael Brown in August.
We’re a national embarrassment. In the days following Brown’s shooting, protesters marched peacefully — and some looted — and police met them with excessive and militarized force.
After the St. Louis County prosecutor announced last week that charges would not be brought against Darren Wilson, the police officer who killed Brown, again protesters marched peacefully — not just in Ferguson, Missouri but across the nation — while others looted, rioted and set buildings aflame. This time there were actual soldiers on the streets of Ferguson to face down residents.
The killing of Michael Brown has become a politically divisive issue. In some ways it is a Rorschach test for racial and political points of view. Some regard Brown as one more casualty at the hands of a racist police force that demonizes all young black men as thugs. Others see him as a genuine thug who died in a scuffle that easily could have left a policeman dead instead.
In this charged atmosphere, nobody expected the grand jury’s decision to satisfy both sides — and it didn’t. The quality of the evidence it was shown, it has to be said, was not good. Accounts were contradictory, and in the end the jurors seem to have relied on Wilson’s account most of all.
The mass media coverage, especially the 24/7 cable TV treatment, has played Ferguson for all the drama it can provide. Eventually, the media will tire of the Ferguson story, yet the resentments will remain, as will the conditions that inspired them.
Nobody believes that Michael Brown will be the last unarmed black man to be shot down by a policeman with dubious cause. This happens everywhere in the United States. That’s why, in the days following the grand jury’s decision not to indict, protests and mass demonstrations were held in Atlanta, Chicago, Boston, New York, Denver, Los Angeles and many other cities.
People of every race were among the protesters marching peacefully in solidarity with similar peaceful protesters in Ferguson. Not with the rioters, not with the lawless, but with the far greater numbers that have gathered, peacefully, every day since Brown died in early August.
The object of their frustration is policing that does more to agitate communities than to protect them. People have seen too many instances of questionable encounters between police and people winding up severely hurt or dead.
This is not a new storyline.
What’s new is that many of the protest events were not led by the usual suspects—civil rights leaders, politicians and media-versed clergy. It was young people, 20-somethings often either still in college or recently graduated, who organized protests by tapping networks cultivated previously through social media.
What comes next is crucial. Mass demonstrations serve a purpose, but organizing for change is what solves problems.
The first step in Ferguson ought to be a massive voter-registration drive. This was attempted but wasn’t successful in the initial days after the shooting. The appeal should be simple. Don’t like the elected officials you have? OK, vote them out. Feel that you’re not represented on the city council or in the ranks of the police? Standing in the street yelling won’t accomplish it. You need to make change happen, and voting is the first step.
The political situation in Ferguson is toxic. Like a lot of smaller towns in America, it generates a disproportionate amount of its revenue through fines. Despite a recent decision to eliminate some fines, the city still puts police in the structural role of the Biblical tax collector, stopping and ticketing citizens for relatively minor infractions, and issuing arrest warrants when they don’t or can’t pay their fines. It also so happens that a disproportionate number of tickets are given to black residents. This heavy hand, squeezing citizens for their hard-earned money, is not just or healthy for the body politic. But it’s hard to see how it will be reformed unless the majority in Ferguson first exerts its power and throws the bums out.
Everyday misgovernment does not inspire the outrage that a police killing does. But the resentment it causes year after year adds to the explosive charge when the spark is supplied. Ferguson may have flamed out. It could very well wind up a footnote, a trivia question for future generations. Or perhaps something else may happen. Maybe once all the cameras are gone, local residents, working with national civil rights organizations and others, will do the hard work of taking government back for the people.
Ferguson might then become a laboratory of democracy … and show the rest of the country how to do it.
By: Mary Sanchez, Opinion-Page Columnist for The Kansas City Star; The National Memo, December 2, 2014
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