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Tuesday, February 06, 2001

ACLU proceeds with racial-profiling lawsuit




By Jane Prendergast
The Cincinnati Enquirer

        Cincinnati could see significant changes in police procedures with the Ohio ACLU's decision to press ahead with a racial-profiling lawsuit.

        The specifics of Saturday's vote in Columbus by state American Civil Liberties Union board members remained private because of the group's confidentiality policy. But ACLU officials around the country call it the first step in what could be years of legal maneuvering that aims to attack a perceived race problem in the Queen City.

        Pittsburgh police now have to log the race of every pedestrian and driver stopped in that city, thanks to a 1996 ACLU lawsuit.

        ACLU lawyers in Maryland succeeded in getting officers to collect race data too. But when initial counts showed the number of minorities stopped continued to be disproportionate to the population, the ACLU went back to court to force a reduction.

        “I would hope that Cincinnati would see the need for doing this without a lawsuit,” said attorney Witold Walczak, director of the ACLU of Greater Pittsburgh. “But if not, they'll have to do it this way.”

        Battling racial profiling — the practice of targeting people because of their skin color — has become an increasing part of the ACLU's mission. National officials encourage lawsuits and other action by state chapters, as well as urging lobbying at the state and national levels for uniform laws against policing based on race.

        “The sad fact is that such lawsuits are necessary in many places around the country,” said Emily Whitfield, spokeswoman for the national office in New York. “We consider this some of our most important work.”

        Jillian Davis, staff counsel for the ACLU of Ohio, said she could not give details about why board members voted to proceed or what evidence they reviewed to make that decision. She called the Cincinnati issue “certainly a very serious case” and said officials would continue to research it and talk to citizens with stories of possible racial profiling.

        Cincinnati Police Chief Tom Streicher has said racial profiling by officers might have gone on in the past but that he does not believe it is a problem now.

        Fraternal Order of Police President Keith Fangman agreed.

        “Pulling someone over simply because of the color of their skin is wrong,” Mr. Fangman said. “And it won't be tolerated by the chief and it won't be defended by the FOP.”

        Members of Cincinnati Black United Front, a group helping lawyer Ken Lawson compile information for another lawsuit, say racial profiling has gone on for years. Mr. Lawson did not return phone calls to update the progress of his lawsuit.

        The ACLU's and Mr. Lawson's initiatives were prompted in part by the death Nov. 7 of Roger Owensby Jr., a black man who was asphyxiated in police custody. Two officers face criminal charges in that incident.

        Police officials have not yet satisfied the African-American groups with a detailed explanation of why officers stopped Mr. Owensby in the parking lot of a Roselawn gas station. They say officers wanted to talk to him because he eluded them during a previous situation.

        “Our officers stop and detain people based on their physical descriptions, including skin color, all the time,” Mr. Fangman said. “If the suspect in a rape, robbery or murder is a male black driving a red Ford, we may pull over 40 male blacks driving red Fords in the space of two hours, 39 of whom are completely innocent.

        “Unfortunately, some people, including the ACLU, call that racial profiling.”

        In Louisville, there was no such defining incident to prompt an immediate change. Instead, ACLU officials there worked with police to develop a pilot project to collect the race data. Officers started collecting the information in January.

        “It's a very serious issue in this country,” said Jeff Vessels, executive director of the ACLU of Kentucky. “The problem is so pervasive.”

Police review panel feels stymied by city



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