Tag Archives: race

WHO CAN SEE POLICE VIDEOS?

Gotcha!  That’s the word that comes to mind when I hear arguments about access to body-cam and dash-cam recordings. Advocates for law enforcement agencies and those who think they’ve been mistreated by police both want to use recordings to justify themselves but the “gotcha” blame game inflames tensions rather than improving public safety.

Controversies surrounding who can see the recordings will make our problems worse.  Imagine the following two scenarios, both of which are likely to occur:

  1.  An individual complains publicly about improper treatment by police. Police respond by releasing a recording which demonstrates that their actions were reasonable and appropriate.
  2. A similar complaint is made and a recording exists but police refuse to release it.

Neither truth nor justice will matter after those events converge into one story.  Together they will appear to be evidence of self-serving decisions and bias by law enforcement – a no-win situation for police and for the public.

More than a year ago, I identified some of the issues and urged passage of a law to regulate access to the recordings.  North Carolina legislators, including local representative Allen McNeill who has extensive police experience, drafted and passed HB 972 which addressed several important concerns.   It’s a good beginning but it leaves law enforcement agencies vulnerable to charges of conflict of interest.

The law allows record retention and release rules that are customized to the unique issues surrounding law enforcement videos by declaring that the recordings are not “public records” to be made generally available like minutes of meetings and government correspondence.  Nor are they “personnel records”.   This will prevent:

  • mass requests for videos by those who want to scan thousands of records for instances of certain kinds of behavior by a particular ethnic minority or police
  • “witch hunts” against a particular officer
  • social media posts of half-dressed people recorded while police intervene in domestic disputes.

HB 972 creates a presumed right to disclosure (seeing the video) for anyone appearing or heard in the recording and for their designated representatives.  It also provides more restrictive criteria for release (obtaining a copy) of the video and it includes a list of circumstances where disclosure or release could be denied.

Four flaws in this otherwise reasonable law make allegations of conflict of interest by police virtually  inevitable.

  1. HB 972 requires the head of the law enforcement agency to decide whether to disclose or release videos.  A citizen who is denied access must hire an attorney and go to court in order to appeal. Public confidence could be improved by reversing the burden of proof – requiring police to go to court to justify denying access to the videos.
  2. A provision of the law allowing police to release videos for “any law enforcement purpose” should be tightened to prevent suspicion that police will release videos that make them look good and withhold those that make them look bad.
  3. One criterion in the law allows denial of access to protect “the reputation of an individual”.  That protection should be limited to bystanders.  It should not apply to interactions between officers and the public.  It is precisely because of concerns about behavior of officers and the public that the recordings are needed.
  4. The law does not allow access to videos by news media, advocacy organizations or the public under any circumstances.  They could only obtain recordings from an involved individual who had met  the police-administered criteria.  The ban on public and news media access to recordings should be reconsidered to see if good criteria can be created.  That will be difficult but probably less harmful than making public release totally subject to police discretion.  The levels of suspicion that already exist between police and some segments of our society mean that police will not be trusted to make unbiased decisions about releasing recordings.

Legislators deserve credit for making this first effort and there is much in the new law that can be helpful.  If they quickly fix its flaws, this otherwise promising law may help build trust between police and citizens.  Without changes it is more likely to generate allegations of bias and conflict of interest by police, no matter how hard they struggle to be fair.

Lives are at stake along with mutual trust between police and the public that they are sworn to protect.  Let’s not play political “gotcha” with these videos.

IS THE SYSTEM RIGGED AGAINST YOU?

Try Googling  “Is the system rigged?”  I found:  “FBI Director Comey: I need the American people to know the system is not rigged”  “Trump on Clinton FBI announcement: The system is rigged” “71% of Americans believe economy is rigged”  “The System Didn’t Fail Eric Garner. It Worked How a Racist System Is Supposed to

The stories shared two disturbing qualities.  1)  Each is about an American institution.  2)  Each contended that some “system” is rigged.  Those headlines introduce angry stories that are backed by at least a few grains of truth.

The people who brought down our financial system avoided prosecution and most of them kept their ill-gotten gains. There is energy for deporting undocumented immigrants and their children but very little for prosecuting employers who hire them without mandatory benefits and wages.

The FBI Director didn’t recommend prosecution of a Secretary of State who was careless with national security information because, he says, she didn’t intend to break any law.  But when I unintentionally made an illegal right turn because I didn’t see the sign prohibiting it, I paid a fine.

We’ve seen people of African descent unjustifiably killed by police and the killers walked away.  Black youth are arrested for possession of marijuana in convenience store parking lots but campus police don’t arrest white college students for the same offense.

“Just because you’re paranoid doesn’t mean they’re not out to get you.”  That one-liner isn’t funny anymore.  Unfairness, whether real or imagined, is a great danger because our freedom and democracy work well only when the great majority of us support the system and see it as fair.

It is the need for fairness, not fear of violence, that should drive our national conversation about these issues.  The violence often comes from one deranged soul (lone wolf) not from Advocacy organizations.   One enraged man (not associated with the Black Lives Matter movement) used their Dallas demonstration as an opportunity to kill five police officers.  One Christian extremist (not associated with the Right To Life movement) shot five officers and six civilians at a Colorado Planned Parenthood Clinic.  The movements express the concerns of substantial numbers of Americans about laws or institutions that they see as unfair. Most don’t promote violence.

During a previous era of dramatic social and economic change, when family farms and the shops of cobblers and blacksmiths were giving way to mechanized industries, America saw similar unrest and even greater violence.  In 1882, Congress passed the  Chinese Exclusion Act banning all Chinese immigration because their cheap labor was perceived as driving wages down.  In 1887 there was a labor demonstration (The Haymarket Affair) in Chicago supporting an 8 hour work day.  Someone threw a bomb.  Gunfire followed.  Seven police and at least four civilians died.  In 1901, President McKinley was assassinated by an anarchist who blamed his unemployment on government policies.  In 1920, Wall Street was bombed, apparently by an activist who believed that the financial system was rigged against him.

Recent events are strikingly similar to our history.   Activists and political candidates promise to fix rigged systems with simplistic ideas: Exclude immigrants.  Build a wall.   Block trade treaties.  Hold police accountable.  Enforce law and order.  Many Americans believe that “other” Americans are rigging our institutions (the system) against them, and that does not bode well for our future.

Our nation’s systems for finance, justice, law enforcement, health care, education and others that compose our national identity must be perceived as fair for all of us. We’ll need genuine improvements in fairness, not just slogans and polite listening. Otherwise we will continue to experience demonstrations and rage from those who believe that systems are rigged against them.

After successful efforts to pass civil rights and voting rights laws, Dr Martin Luther King, Jr. shifted his attention toward economic justice by addressing financial and wage issues affecting Hispanic and white workers as well as blacks. At the time of his assassination he was in Memphis supporting a strike for higher wages by public sanitation workers.  Nearly half a century later many issues of economic and racial justice have not yet been addressed. Now is the time to improve, not because of fear but because our national sensitivity to fairness has been raised.    It is said that “Most people don’t read the writing on the wall until their backs are up against it.”  I can feel the wall now.

 

WHY HAVE A BLACK HISTORY MONTH?

We’ve all heard the reasonable sounding questions, “Why black history?” Why not a white history month?”  The public school history that I learned went something like this: Slavery was a very bad thing that we ended.  Lots of slaves and their descendants went north where they were free and equal.  The South resisted but the Jim Crow era ended with the Civil Rights Laws so now it’s all good and black folks can succeed if they will do the work.  Unfortunately, that version of history denies the life experiences of most black Americans.  The reality of history exists in those experiences, not in laws and textbooks.

To see the difference, come with me on a short trip to my home state and town, New Albany, Indiana.   Founded in 1813, it was once the largest city in the state and being directly across the Ohio River (which belongs to Kentucky) from Louisville, it was the first “free” stop for many fugitive slaves.  The Second Baptist Church, built in 1849-1852, sits on Originally built by a Presbyterian congregation and later sold to Baptists, this church has a long history as a first stop in a non-slave state on the underground railroadMain Street, not more than 300 yards from the slave-state waters of Kentucky.  The beautifully restored church features a marker describing its history as a stop on the underground railroad, a respite where refugees could hide in dirt floored rooms  or escape to the street through a tunnel before making their way to other states or to Canada.  Helping fugitive slaves was illegal but New Albany’s free blacks and anti-slavery whites risked violence and arrest to do that as early as 1821.

Also on Main Street, about four blocks away, is another historic marker. image It describes mob violence against blacks in the summer of 1862, about 15 months into the Civil War.    White mobs responded to a fight between white and black men with two days of attacks on black people and their property.  The historic marker is placed at the site of the Israel Boarding House, whose owner saved one black man by barring her door against the mob.  Similar mob attacks were reported that same summer in Cincinnati, Chicago and Toledo.

In 1851,  Indiana voters approved a new state constitution that banned black migration into the state and denied blacks the rights to vote, serve in the militia, bear witness in trials involving whites, and attend public schools.  Despite those provisions, more than 11,000 blacks lived in the state.  Thus began the tradition of “Sundown Towns”.  Northern states had very small black populations; and a majority of whites wanted to keep it that way.  Historian James Loewen lists nearly 300 suspected Sundown Towns in the Hoosier State.  Black folks steered clear of them and many remain mostly white to this day.  Some passed ordinances and posted signs such as “Whites only within city limits after dark”.  Other warnings were far more graphic.  Through the mid-1920s about 30 percent of white Hoosier men were Ku Klux Klan members.  So were the governor and the majority of the legislature who had learned that it was hard to get elected without a Klan endorsement.

Alabama Governor George Wallace (“Segregation now, Segregation forever”) received 30 percent of the vote in Indiana’s 1964 Democratic Presidential primary.  By 1972, the solid Democrat/Dixiecrat segregationist south abandoned the newly pro-civil rights Democratic Party.  Southern states have favored the Republican Party since it abandoned Lincoln’s legacy  in a quest for populist votes.  In that political turmoil the legal protections that black Americans had gained were inconsistently enforced. For example, despite laws requiring equal employment opportunity,  I recall a manufacturing plant tour in the late 1960s.  It was a thriving unionized company with excellent wages and benefits, but the union didn’t accept blacks so they could only have non-union manual labor jobs.  The black men who packed and loaded finished products were known as “bagger boys”.

The details that I’ve described won’t make it into history texts but they are the experiences that black grandparents can describe for today’s youth.  It appears that two generations from now, black children will be hearing about jobs with few benefits and wages too low to support a family, police shootings of unarmed black boys and men, fathers in jail for non-violent crimes, lead tainted water, and racially gerrymandered  voting districts designed to keep the creators of the status quo in office.

The flow of black history continues today.   It is closely related to the rest of the American story, but always distinct because of barriers that separate the two.  It is said that those who don’t learn from history are doomed to repeat it; and few of us want that.  If Americans of all races learn the realities of black history, we may finally be able to join it fully to American history.  And that is why black history matters to us all.

Making Racism Visible

Today I am publishing word-for-word nine responses to last week’s column about “Silent Sam” because they reveal white supremacist beliefs that persist in our community and nation 150 years after our Civil War.  I’m doing this for two reasons.

  1. We can deal effectively with racism only after it is visible.
  2. Our best hope to successfully deal with racism lies in developing personal acquaintances and friendships with people of other races – bonds strong enough to tolerate frank discussion of personal experiences.

Maybe a few readers will share this with friends and use it to begin a dialogue.  If so, I would be pleased to know about your experience doing that.

I must add that there were readers who agreed and others who did not and who made civilized responses.  What follows are only the ones written from a white supremacist perspective.

WARNING:  Much of what follows is both racist and inflammatory.  Continue reading Making Racism Visible

SHOULD OUR FUTURE BE A HOSTAGE TO HISTORY?

As of July 23, North Carolina law prohibits cities, counties and state institutions from relocating any state-owned monument, statue or “object of remembrance” even if it is on city or county property.  Work on the bill began many months ago amidst growing public demand for removal of monuments to the Confederacy and racist heroes.  Calls for removal of monuments have grown since the Charleston, SC murders.  Rather than having open and intelligent discussion of the concerns, legislators made change nearly impossible by passing a law that denies local governments the authority to respond to the will of their citizens. Continue reading SHOULD OUR FUTURE BE A HOSTAGE TO HISTORY?

HOW RACISM LIES IN WAIT FOR US

A man in a uniform looked at me and said, “Son, you’ll have to gain three pounds to get into this man’s army.”  It was in early 1969 that I was required to appear for a selective service physical examination.   I walked through the examination center in my underwear along with John, a college friend who was scheduled for the same day.

John was next in the line where height and weight were checked.    He was a good student,  a big man, a capable athlete, and black.  The same man (white) looked at him and said, “Boy, you’ll have to lose five pounds to get in this man’s army.”  I could see my friend’s dark brown face turning red; and feared how he might respond to being called “boy”.  He paused, looked back at his antagonist, and replied, “Yessuh Boss”  then mock-shuffled away and laughed out loud. Continue reading HOW RACISM LIES IN WAIT FOR US

DO WE WANT POLICE BODY CAMERAS?

Now is the time to think carefully about whether to record police interactions with the public and who would have access to recordings.  The reasons to record seem clear.  Some allegations of serious, even criminal, misconduct on the part of both police and citizens have been clarified by video evidence.  Law enforcement is impaired by mistrust of police.  If cameras reduce the mistrust, then police can be more effective.  The presence of cameras might motivate more respectful behavior by both citizens and police – leading to fewer confrontations.  All of those would be good outcomes.

On the other hand, some people may be reluctant to even talk with police if the conversation is recorded.  Would people have informal conversations with officers about neighborhood gangs and drug dealers if they knew that they were being recorded?

The idea of recordings seems good, but unanswered questions abound. Continue reading DO WE WANT POLICE BODY CAMERAS?

Why Is Walter Scott Dead?

Despite the fact that Americans are protected by our constitution from overly aggressive law enforcement, there continue to be tragic occasions when officers shoot first and ask questions later.  Another such story is unfolding in South Carolina. Continue reading Why Is Walter Scott Dead?