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Wednesday, April 9, 2003

Collaborative: BUF is out


Good-faith partners

U.S. District Judge Susan J. Dlott's order allowing Cincinnati Black United Front (BUF) to withdraw as class representative from the city policing lawsuit removes a major obstruction from the collaborative agreement.

BUF, one of several boycott groups here, never lived up to its oath in court or its legal duties under the settlement signed a year ago. Judge Dlott's order leaves BUF members with no more influence over the collaborative than other members of the lawsuit class and makes the American Civil Liberties Union of Ohio sole class representative.

All should rededicate themselves now to making good-faith efforts to improve policing and fight crime. The collaborative, however complex, remains the best way forward for all people of good will here.

The Fraternal Order of Police argued if the court allowed BUF to "escape from its contractual accountability," it would reduce the collaborative to a sham. But Judge Dlott insists BUF members along with the rest of the general public were bound by the collaborative agreement yesterday and will be bound tomorrow. They are still "held accountable under the mutual accountability plan." The obligations to partner bind city officials, police, police union and the plaintiff class as a whole.

The class includes all African Americans stopped, detained or arrested by Cincinnati Police officers, and "citizens of any race" who have been or will be subjected to a police use of force here. It should help that the ACLU plans to form an "advisory panel of persons well-grounded in the African-American community."

Judge Dlott ripped the city for asking her to dictate who could be selected for the panel and whom class counsel could represent. She says panel selection is up to the ACLU as class representative, until they prove deficient. The city also objected to possible attorney conflicts of interest even in future cases. Since collaborative reforms go to the heart of Cincinnati policing, the judge said it's "ludicrous" to argue the class lawyers shouldn't refer to the collaborative agreement in future lawsuits. The best protection for all is to collaborate in good faith.