Key questions about how settlement talks started, and what the settlement means for the city.

        Q: What does the racial profiling lawsuit allege and when was it filed?

A: The American Civil Liberties Union and black activists, known as the Cincinnati Black United Front, filed a March 2001 motion to certify a racial profiling lawsuit already in federal court as a class action. That means it would represent all African-Americans in the city illegally stopped or detained by police. The motion alleges decades of discrimination against blacks.
       Q: How did the parties decide to settle the case?

        A: City officials, the Fraternal Order of Police, the ACLU and black activists decided to try a process that had never been attempted in the country. Instead of focusing solely on the racial profiling issue the parties broadened the scope to look at the basic relationship between police officers and citizens.
       Q: Was the public consulted?

        A: U.S. District Judge Susan Dlott appointed Jay Rothman, president of Aria Group — a Yellow Springs-based conflict resolution firm — as a “special master” in the process. Mr. Aria surveyed 3,500 Tristate citizens about how to improve police-community relations. Those ideas became the foundation of the settlement.
       Q: What role did the U.S. Justice Department play?

       A: Its inquiry into the Cincinnati Police Department's patterns and practices came after the shooting death of Timothy Thomas and the April riots.
       Q: How did the two dovetail?

        A: Justice officials and those involved in settling the racial profiling case realized they were dealing with many of the same issues. So, federal officials sat in during the last week of negotiations. Though there technically are two agreements, many of the recommendations from the Justice Department are in both settlements. A monitor — with law enforcement experience — will oversee all of the changes. That person will be selected by the parties involved in coordination with the Justice Department.
       Q: Does this affect the boycott against Cincinnati?

        A: Although some of the same players involved in settling the racial profiling lawsuit called for a boycott of Cincinnati, that issue was not part of settlement negotiations. It continues.

       Q: What happened to the class-action lawsuit?

        A: It will be certified as a class action for the purpose of settling the case if an agreement is signed. The representative plaintiffs will be the Black United Front and the ACLU of Ohio. Both the Urban League of Greater Cincinnati and the local chapter of the NAACP will be allowed to join up to 30 days after the agreement is signed. The settlement focuses on systemic change, but it does not address individual damage claims. That means the original plaintiff, businessman Bomani Tyehimba, and those involved in 19 other individual claims, must decide by July 1 whether:

        • The settlement satisfies their claims.

        • If they want to participate in an arbitration process.

        • If they want their case to be heard by a judge.

        Q: What happens next?

        A: The judge will set a date for a fairness hearing at which all the parties involved will make their case. Anyone who has submitted a written objection to the settlement will be allowed to speak. Judge Dlott then will decide whether to approve the settlement.

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