Wednesday, January 31, 2001
ACLU weighs suit on profiling
By Jane Prendergast and Marie McCain
The Cincinnati Enquirer
Directors of Ohio's ACLU chapter will vote Saturday on whether to take Cincinnati to court over allegations that police officers target black people because of their skin color.
If they decide to tackle the issue and their general counsel expects them to they will pattern their legal work after other American Civil Liberties Union lawsuits that have brought dramatic change to police departments across the country.
The ACLU has a lot of experience in this kind of law, said Cincinnati lawyer Scott Greenwood, the group's attorney, who will recommend approval when the officials meet Saturday in Columbus. And we've done a lot of the legwork already.
The ACLU's interest was piqued by what Mr. Greenwood has called a pattern of fatal incidents involving officers and African-Americans.
Since 1995, 13 people have been killed in situations with Cincinnati officers. All of them were black, including Roger Owensby Jr., who suffocated in police custody Nov. 7. Two officers face charges in connection with his death.
Similar allegations of race-based policing have plagued departments across the country:
An ACLU lawsuit in Pittsburgh in 1996 prompted court-ordered monitoring of the police department.
Lawsuits forced the New Jersey Highway Patrol and police departments in Los Angeles and Highland Park, Ill., to collect race data.
Louisville police will soon start to collect race information on all traffic stops, a move made after allegations last year that officers engage in racial profiling.
Cincinnati Police Division leaders, including Chief Tom Streicher, have acknowledged that some officers practice racial profiling. But the chief has said that the department does not condone it, and that he and other top administrators stress against it.
In a meeting with the Enquirer's editorial board Tuesday, leaders of the community action group Cincinnati Black United Front said discussion with Cincinnati police had done little to solve the problem.
The group is helping Cincinnati lawyer Ken Lawson sort through more than 300 racial-profiling claims to gather fodder for another potential lawsuit on the same topic.
The Rev. Damon Lynch III, Black United Front president, defined racial profiling as when skin color becomes evidence for the propensity to commit crimes.
Turning to the legal system seems like the best solution, said Juleana Frierson, chief of staff for the group.
We want (racial profiling) to stop, she said. We want to be respected like any other citizen in the city of Cincinnati. How do we get there? We start at the top.
If we're looking at the police issue, you have to look at the management and leadership of the Cincinnati police department, Ms. Frierson said. In order for these police to participate in racial profiling, it has to be allowed (by management).
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