“Police Morale Can Wait”: How The Baltimore Riots Should Reshape Attorney General Loretta Lynch’s Agenda
Out of the many invisible and all-powerful forces that govern our universe, the cruelest must be Time. Whether you’re asking it to slow down for selfish reasons or to speed up for someone else, it doesn’t make a difference. Time is relentless and uncaring; it does not listen and it will not stop.
But even though it is ultimately an egalitarian ruler, wreaking havoc on the old, young, good and bad alike, Time seems to hold a special grudge against Loretta Lynch, the woman who, after an unprecedented delay, was finally sworn in on Monday as the 83rd attorney general in the history of the United States.
The first indication that Time has it in for Lynch was also the most obvious: the Senate’s 167-day-long dawdle. But while it was obviously wrong to make the first African-American woman ever nominated for the post wait so absurdly long to be confirmed (only two of Lynch’s 82 predecessors waited longer), I’m hesitant to throw the fault entirely on Time’s shoulders. The attack was launched by Republicans, after all; Time was merely their weapon.
But the second piece of evidence that Time may be holding a particular grudge against the attorney general was more palpable: the riots that convulsed Baltimore this weekend and paralyzed the city on Monday. Because although Lynch obviously had nothing to do with the disorder, the riots’ fires show with blinding clarity that Lynch’s first goal — which is “improving police morale,” according to the Times — is entirely premature. The wanton destruction of property cannot be legitimated; but simply criticizing anarchy and praising law enforcement won’t bring the mayhem to an end. And it won’t provide justice.
In many ways, the chaos in Baltimore is just the latest iteration of one of America’s saddest and longest-running stories. It is another example of what Martin Luther King once called “the language of the unheard.” King was speaking then of the riots that traumatized much of the country during the summer of 1966. But the social ills he described as kindling for the riot’s fire — poverty, police brutality and malign neglect — are, despite the nearly 49 years that followed, still powerful forces in America today.
For this particular moment, though, it’s Baltimore Police Department’s documented history of lawless violence that’s been identified as the riots’ inspiration. Protestors and rioters — who, it’s worth noting, are usually not the same — cite as their catalyst the death of Freddie Gray, a 25-year-old African-American man and Baltimorean. On April 12, Gray was arrested by officers from the BPD. When police detained Gray and put him in a van for transportation, he was walking; by the time the trip was over, he had a broken neck. He died on April 19th.
No one yet knows for sure exactly what happened to Gray during that trip and in that van. There are reports that he was taken out at one point and beaten, but an autopsy showed no injuries except for those to his spinal cord and neck. The BPD has already admitted that its officers did not provide Gray with the necessary medical care. But the main question — Why was he able to run from the police in the morning, but struggling to breathe by nightfall? — has gone unanswered, though an increasing number suspect the widespread, grotesque practice of giving “a rough ride” is to blame.
Yet the fact that such a thing could happen, and only become a major story after the activism of peaceful protesters (and the destructive hijacking of violent rioters), is exactly the problem. The fact that the BPD’s reputation is such that many Baltimoreans heard Gray’s story with weary outrage rather than shock or indignation is exactly the problem. The fact that the BPD rank-and-file evidently feels so comfortable with extralegal brutality, and are so accustomed to wielding it, that demands for accountability has left them panicking — that, too, is exactly the problem.
I’m quite certain that, at least to some extent, Attorney General Lynch would agree. But that’s why it’s so unfortunate that news of her interest in “finding common ground between law enforcement and minority communities” came when it did. Because once the last stone is thrown, the fires are put out, and the state of emergency in Maryland is lifted, what Baltimore and the countless places in the U.S. like it will need is not another conversation. And finding “common ground” won’t be what America needs from its attorney general or its Department of Justice.
What will be needed instead is for the authorities in Baltimore, Maryland and D.C. to stop pandering to the police unions who demand carte blanche in the field and an endless line of officials singing about their valor. What will be needed instead are signs that the authorities take fears of the rise of the “warrior cop” and police militarization seriously, and that they will no longer see the deaths of people like Gray as “tragic.” Because they’re not cosmic acts of injustice; they’re crimes. To suspend (with pay) the officers who may be responsible is not enough — and Lynch needs to make clear that she understands that, and that her predecessor’s groundbreaking report on Ferguson, Missouri, was no aberration.
What will be needed, in short, is for the people most apt to use “the language of the unheard” to feel that someone who matters is finally listening. And that those in public office prove with actions that they believe it when they say an African-American life is worth no less than a cop’s. Now is not the time for Lynch to focus on making law enforcement happy. Now is the time for her to promote equal justice. Improving police morale can wait.
By: Elias Isquith, Salon, April 28, 2015
A Slow Rolling Crisis”: ‘Don’t Just Pay Attention To These Communities When A CVS Burns’
As violence erupted in Baltimore last night, President Obama spoke directly with Maryland Gov. Larry Hogan and Mayor Stephanie Rawlings-Blake, and the White House issued a statement stressing “the administration’s commitment to provide assistance as needed.”
Today, however, the president had quite a bit more to say on the subject.
President Obama said there was “no excuse” for the violent rioting Monday on the streets of Baltimore, which saw looting and fires break out after the funeral of Freddie Gray, a 25-year-old black man who died of a severe spinal injury while in police custody a little over a week ago. At the same time, the president put the crisis in Maryland’s largest city into a national context, focusing on unemployment, poverty and the education gap that plagues some communities of color.
“We can’t just leave this to the police,” Obama said Tuesday in a White House press conference with Japan’s Prime Minister Shinzo Abe. “There are some police departments that have to do some searching. There are some communities that have to do some soul searching. But our country needs to do some soul searching. This is not new. It’s been going on for decades.”
Obama, speaking without prepared remarks on the subject, acknowledged that he feels “pretty strongly” about the subject. It showed.
For those who can’t watch clips online, the president’s remarks are worth reading in detail. Note, for example, the way in which the president focuses initially on specific developments in Baltimore before transitioning to a much broader context:
First, obviously, our thoughts continue to be with the family of Freddie Gray. Understandably, they want answers.
And DOJ has opened an investigation. It is working with local law enforcement to find out exactly what happened, and I think there should be full transparency and accountability.
Second, my thoughts are with the police officers who were injured in last night’s disturbances. It underscores that that’s a tough job, and we have to keep that in mind. And my hope is that they can heal and get back to work as soon as possible.
Point number three, there’s no excuse for the kind of violence that we saw yesterday. It is counterproductive. When individuals get crowbars and start prying open doors to loot, they’re not protesting, they’re not making a statement, they’re stealing.
When they burn down a building, they’re committing arson. And they’re destroying and undermining businesses and opportunities in their own communities that rob jobs and opportunity from people in that area.
So it is entirely appropriate that the mayor of Baltimore, who I spoke to yesterday, and the governor, who I spoke to yesterday, work to stop that kind of senseless violence and destruction. That is not a protest, that is not a statement, it’s people – a handful of people taking advantage of the situation for their own purposes, and they need to be treated as criminals.
Point number four, the violence that happened yesterday distracted from the fact that you had seen multiple days of peaceful protests that were focused on entirely legitimate concerns of these communities in Baltimore led by clergy and community leaders, and they were constructive and they were thoughtful. And frankly, didn’t get that much attention. And one burning building will be looped on television over and over and over again, and the thousands of demonstrators who did it the right way, I think, have been lost in the discussion.
The overwhelming majority of the community in Baltimore, I think, have handled this appropriately, expressing real concern and outrage over the possibility that our laws were not applied evenly in the case of Mr. Gray and that accountability needs to exist.
I think we have to give them credit. My understanding is you’ve got some of the same organizers now going back into these communities to try to clean up in the aftermath of a handful of protesters – a handful of criminals and thugs who tore up the place.
What they were doing – what those community leaders and clergy and others were doing, that is a statement. That’s the kind of organizing that needs to take place if we’re going to tackle this problem. And they deserve credit for it and we should be lifting them up.
Point number five, and I’ve got six, because this is important. Since Ferguson and the task force that we put together, we have seen too many instances of what appears to be police officers interacting with individuals, primarily African American, often poor, in ways that raise troubling questions. And it comes up, it seems like, once a week now or once every couple of weeks.
And so I think it’s pretty understandable why the leaders of civil rights organizations, but more importantly moms and dads across the country might start saying this is a crisis. What I’d say is this has been a slow-rolling crisis. This has been going on for a long time. This is not new. And we shouldn’t pretend that it’s new.
The good news is that perhaps there’s some newfound awareness because of social media and video cameras and so forth that there are – are problems and challenges when it comes to how policing and our laws are applied in certain communities, and we have to pay attention to it and respond.
What’s also good news is the task force that was made up of law enforcement and community activists that we brought together here in the White House had come up with very constructive, concrete proposals that if adopted by local communities and by states and by counties, by law enforcement generally, would make a difference. Wouldn’t solve every problem, but would make a concrete difference in rebuilding trust and making sure that the overwhelming majority of effective, honest and fair law enforcement officers, that they’re able to do their job better because it will weed out or retrain or put a stop to those handful who may be not doing what they’re supposed to be doing.
Now, the challenge for us as the federal government is is that we don’t run these police forces. I can’t federalize every police force in the country and force them to retrain. But what I can do is to start working with them collaboratively so that they can begin this process of change themselves. And we – coming out of the task force that we put together, we’re now working with local communities. The Department of Justice has just announced a grant program for those jurisdiction that want to purchase body cameras. We are gonna be issuing grants for those jurisdictions that are prepared to start trying to implement some of the new training and data collection and other things that can make a difference. And we’re gonna keep on working with those local jurisdictions so that they can begin to make the changes that are necessary.
I think it’s gonna be important for organizations like the Fraternal Order of Police and other police unions and organizations to acknowledge that this is not good for police. We have to own up to the fact that occasionally there are gonna be problems here, just as there are in every other occupation.
There are – there are some bad politicians, who are corrupt. And there are folks in the business community or on Wall Street who don’t do the right thing. Well, there are some police who aren’t doing the right thing. And rather than close ranks, you know, what we’ve seen is a number of thoughtful police chiefs and commissioners and others recognize, they’ve got to get their arms around this thing and work together with the community to solve the problem.
And we’re committed to facilitating that process. So the heads of our COPS (ph) agency that helps with community policing, they’re already out in Baltimore. Our head – assistant attorney general for the Civil Rights Division is already out in Baltimore.
But we’re gonna be working systematically with every city and jurisdiction around the country to try to help them implement some solutions that we know work.
And I’ll make my final point – I’m sorry, Mr. Prime Minister, but this is a pretty important issue for us – we can’t just leave this to the police. I think there are police departments that have to do some soul searching. I think there are some communities that have to do some soul searching.
But I think we, as a country, have to do some soul searching. This is not new. It’s been going on for decades. And without making any excuses for criminal activities that take place in these communities, what we also know is that if you have impoverished communities that have been stripped away of opportunity, where children are born into abject poverty. They’ve got parents, often, because of substance abuse problems or incarceration or lack of education themselves, can’t do right by their kids.
If it’s more likely that those kids end up in jail or dead than that they go to college. In communities where there are no fathers who can provide guidance to young men. Communities where there’s no investment and manufacturing’s been stripped away. And drugs have flooded the community, and the drug industry ends up being the primary employer for a whole lot of folks.
In those environments, if we think that we’re just gonna send the police to do the dirty work of containing the problems that arise there, without as a nation and as a society saying what can we do to change those communities, to help lift up those communities and give those kids opportunity, then we’re not gonna solve this problem. And we’ll go through the same cycles of periodic conflicts between the police and communities and the occasional riots in the streets. And everybody will feign concern until it goes away and then we go about our business as usual.
If we are serious about solving this problem, then we’re going to not only have to help the police, we’re going to have to think about what can we do, the rest of us, to make sure that we’re providing early education to these kids; to make sure that we’re reforming our criminal justice system so it’s not just a pipeline from schools to prisons, so that we’re not rendering men in these communities unemployable because of a felony record for a non-violent drug offense; that we’re making investments so that they can get the training they need to find jobs.
That’s hard, that requires more than just the occasional news report or task force, and there’s a bunch of my agenda that would make a difference right now in that. Now, I’m under no illusion that out of this Congress we’re going to get massive investments in urban communities, and so we’ll try to find areas where we can make a difference around school reform and around job training and around some investments in infrastructure in these communities and trying to attract new businesses in.
But if we really want to solve the problem, if our society really wanted to solve the problem, we could. It’s just it would require everybody saying this is important, this is significant, and that we don’t just pay attention to these communities when a CVS burns and we don’t just pay attention when a young man gets shot or has his spine snapped. We’re paying attention all the time because we consider those kids our kids and we think they’re important and they shouldn’t be living in poverty and violence.
That’s how I feel. I think they’re a lot of good-meaning people around the country that feel that way.
But that kind of political mobilization, I think we haven’t seen in quite some time. And what I’ve tried to do is to promote those ideas that would make a difference, but I think we all understand that the politics of that are tough, because it’s too easy to ignore those problems or to treat them just as a law-and-order issue as opposed to a broader social issue.
That was a really long answer, but I felt pretty strongly about it.
By: Steve Benen, The Maddow Blog, April 28, 2015
“The Myths That Feed White Supremacy”: We Need To Let Go Of The Lie Of Scarcity And Replace It With A Sense Of Sufficiency
Adrien Schless-Meier has written a thought-provoking article about the ties that bind everything from Nellie Andreeva’s questions about whether or not people of color are currently taking up too much space on television to the shooting of unarmed black men by law enforcement. Her analysis finds that the one thing all of these reactions have in common is that they are based on a “zero sum game” when it comes to the relationship of white people to people of color.
While it’s easy to cast off discussions of pop culture as trivial or inane, Andreeva’s article draws on and reinforces a logic with deep, pervasive implications. It is the axiom according to which white folks organize our histories, our lives, our relationships: In a world based on whiteness, there is only room for one winner-and it had better be us…
The irony of this fear shouldn’t be lost on us – white people simply wouldn’t exist as we do today, embedded within and sitting atop a racial hierarchy, if it weren’t for systematic violence against Native people and African slaves in the early years of colonialism. We have learned, over the course of generations, that the path to power runs through the graveyard…
When we ask whether we’ve gone “too far” in creating spaces for people of color to explore and articulate nuanced, intricate life experiences, we are reinforcing the idea that only one narrative – that people of color represent a threat to white people – can or should endure. Left unchecked, this belief is the bedrock for the justification of everything from forced deportations to police killings. We cannot do the hard work of reshaping both the limits of our own empathy and the structures of our institutions if we continue to buy into the logic of the zero-sum game.
The sustained assault on people of color in the U.S. demands, at the very least, the dignity of better questions. Rather than wonder what white people might lose if people of color win, we should start by asking why we continue to tolerate, even condone, a world where the cost of protecting whiteness is measured in real, valuable lives lost.
What Schless-Meier has tapped into is the win/lose aspect of what Riane Eisler calls the domination model of human relationships. In this instance, it assumes that in order for white people to win, people of color must lose. One must dominate. That myth is what underscores our fears – which leads to a defensiveness to change.
The entire edifice on which that myth is based needs to be challenged if we are ever going to get past our fears. It is a sad commentary on our religious life in the 21st century that so many of our institutions fail to address this deep anxiety (and in some cases, even reinforce it).
The questions Schless-Meier suggests that we ask ourselves as white people about why we tolerate such a world were at least partially answered for me by Lynne Twist in her book The Soul of Money. In it she suggests that the zero sum game is based on the myth of scarcity.
Whether we live in resource-poor circumstances or resource-rich ones, even if we’re loaded with more money or goods or everything you could possibly dream of wanting or needing, we live with scarcity as an underlying assumption. It is an unquestioned, sometimes even unspoken, defining condition of life. It is not even that we necessarily experience a lack of something, but that scarcity as a chronic sense of inadequacy about life becomes the very place from which we think and act and live in the world. It shapes our deepest sense of ourselves, and becomes the lens through which we experience life…
This internal condition of scarcity, this mind-set of scarcity, lives at the very heart of our jealousies, our greed, our prejudice, and our arguments with life, and it is deeply embedded in our relationship with money.
A world-view based on scarcity means not only that I am not enough (the bedrock of fear), but also the belief that there is not enough for everyone. And so, one of us wins and one loses. In such a world, I am going to fight to make sure that I’m not the loser.
Twist says that we need to let go of the lie of scarcity and replace it with a sense of sufficiency.
We each have the choice in any setting to step back and let go of the mind-set of scarcity. Once we let go of scarcity, we discover the surprising truth of sufficiency. By sufficiency, I don’t mean a quantity of anything. Sufficiency isn’t two steps up from poverty or one step short of abundance. It isn’t a measure of barely enough or more than enough. Sufficiency isn’t an amount at all. It is an experience, a context we generate, and a declaration, a knowing that there is enough, and that we are enough…
When we live in the context of sufficiency, we find a natural freedom and integrity. We engage in life from a sense of our own wholeness rather than a desperate longing to be complete.
As long as we tell ourselves a story of scarcity, we will be trapped in our fears and the zero sum game. Knowing that “there is enough, and that we are enough” releases us from all that and opens up the possibility for empathy…and perhaps the ability to let go of the need to defend “whiteness” at the expense of others.
By: Nancy Le Tourneau, Political Animal Blog, The Washington Monthly, April 26, 2015
“Racial Pain That Just Won’t Quit”: The Nation’s Original Sin And The Prejudices, Pathologies, And Policy Failures That Continue To Haunt Us
The good news in race this week is that after a municipal election in roiling Ferguson, Missouri, the six-member city council now has three black members instead of one. But the bad news, on the 150th anniversary of Gen. Robert E. Lee’s surrender at Appomattox Court House, is beyond tragic.
In North Charleston, South Carolina, a white police officer was charged with murdering a black man after a video shot by a bystander showed that the man was running away from him. And in Princess Anne, Maryland, carbon monoxide from a generator was found to be the cause of death for a divorced black father and his seven children.
This is the week that the Confederacy, and slavery, suffered permanent defeat. Yet the back stories in these cases are reminders of both the nation’s original sin and the prejudices, pathologies, and policy failures that continue to haunt us.
Walter Scott, 50, the South Carolina victim, was stopped for a broken taillight and shot eight times. Officer Michael Thomas Slager’s detailed account of the incident was contradicted by the video, leading to the murder charge. Scott had four children, a fiancée, and a job. He had been arrested 10 times, according to the Charleston Post and Courier, mostly for failing to pay child support and show up at court hearings. The only indicator of violence, the newspaper said, came 28 years ago when he was convicted on an assault and battery charge.
Rodney Todd, 36, the Maryland man, was trying to keep his children warm after the local utility removed a stolen electrical meter from his rental home late last month. According to The Washington Post, Todd had a troubled, violent history with his ex-wife, the children’s mother, and served a year in jail. But friends and relatives said he had turned his life around, gotten a job at the University of Maryland Eastern Shore, and become a proud, conscientious father.
Before Scott and Todd, there was Ferguson — not so much the killing of Michael Brown, but the devastating Justice Department report about police and court bias against poor black residents of the two-thirds black town, who were fined constantly for offenses like jaywalking and then jailed when they couldn’t pay those fines, producing cascading effects such as lost jobs and fury at the police and power structure.
Before Scott and Todd, there was also Eric Garner, the Staten Island, New York man put in a chokehold by police who were trying to arrest him for selling untaxed cigarettes. The chokehold was the main cause of death, aggravated by obesity and asthma.
Our history and our failures are flashing before our eyes in all of these cases. The statistics don’t lie. From the Congressional Research Service: Children living with single mothers are four times as likely to be poor as those in married households. From the Kids Count Data Book of 2014: Two-thirds of black children live in single-parent families, nearly twice the national average; one in three live in high poverty areas, more than twice the national average; and nearly one-third don’t graduate from high school on time, compared with 19 percent nationally. From the Pew Research Center: In 2010, black men were six times as likely as white men to be behind bars. And in 2013, after the Great Recession, white households had 13 times the median wealth of black households — the largest gap since 1989. From Gallup: Obesity and asthma are much more common among poor people.
Now add the shocking Justice Department reports on police violence and bias against black residents of Cleveland and Ferguson, and the reports to come from the agency’s continuing investigations of other police departments. And finally, if you are white, think about your white friends and family, your white self. How many of us have been stopped for a broken taillight or an expired inspection sticker and were — or pretended to be — surprised by that news? And not having missed child support payments or court dates, not fearing jail, we did not flee. And having the money and job flexibility to fix the problem, we simply promised to get it done. And instead of being killed or even ticketed, we were let off with a warning.
The North Charleston police chief says all officers will now wear body cameras. That’s progress, but not enough. It’s time for policymakers to put ideology, fixed ideas and electoral concerns aside, look at the data on what works, and start disentangling a Gordian knot that only seems to have gotten tighter and more toxic since that defining moment 150 years ago.
By: Jill Lawrence, The National Memo, April 9, 2015
“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
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