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Saturday, April 28, 2001

City balks at deal to end profiling suit


Luken objects to confidentiality clause

By Howard Wilkinson
The Cincinnati Enquirer

        A federal judge wants Cincinnati City Council to sign off by Thursday on a deal that could end a lawsuit accusing Cincinnati police of racial profiling, but some council members have reservations.

        A requirement of the deal — that all information gathered and mediation of disputes over alleged racial profiling be done in private — makes Mayor Charlie Luken uncomfortable, while Councilman Phil Heimlich has said he doesn't think the city should settle the suit at all.

Luken
Luken
        “Frankly, I'd prefer that that not be a part of it,” said Mr. Luken of the confidentiality clause. “It seems to me this is the public's business.”

        The mayor said keeping the mediation confidential would hamper the commission he plans to appoint to review police procedures. He said it could also hamper Justice Department investigators who have been in town since the riots following the April 7 shooting of Timothy Thomas by a Cincinnati police officer.

        Justice Department officials are looking at the “patterns and practices” of the Cincinnati Police Division in light of the deaths of 15 black males in police confrontations over the past six years.

WHAT'S NEXT
    The proposed settlement is to be discussed Monday afternoon in City Council's law committee. If approved there, it would go to the full council for a vote Wednesday.
        “Why engage in a yearlong process, if none of it is going to come to light?” Mr. Luken said.

        U.S. District Judge Susan Dlott issued an order this week giving council until Thursday to approve the deal. At the same time, she appointed Jay Rothman of ARIA Group — a Yellow Springs, Ohio, firm specializing in dispute resolution — as the court's “special master” to mediate the disputes.

        Scott Greenwood, general counsel for the American Civil Liberties Union, one of the plaintiffs in the suit, said lawyers on both sides agreed that having confidentiality was best to ensure candid, usable responses from the dozens of people Mr. Rothman and those working with him are expected to interview.

        If police officers, members of the African-American community and others involved don't feel comfortable talking about their feelings, the process won't be effective, Mr. Greenwood said.

        Mr. Heimlich said there should be a public hearing on the deal before council acts.

        The agreement also would require the city to spend $100,000 for the court-appointed mediator.
       



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