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January 29, 2004
Profiling study shows race
disparities in traffic stops
Jeremy Schwab
Non-white drivers in Boston are far more likely
to be ticketed than their white counterparts and, once ticketed,
are almost twice as likely to have their vehicles searched for
drugs or other contraband, according to a report released last
week by Northeastern University.
The report found similar racial disparities in ticketing and searches
by police departments across Massachusetts.
“It was always my expectation that if we
document what actually happens there would be demonstrative evidence
of disparities,” said state Sen. Dianne Wilkerson, who authored
a 2000 law that required police record the data and submit it
to researchers.
The evidence of profiling appears plain to officials, activists
and lawyers who have been pushing for action to address the issue.
The question, say activists, is what will be done to correct the
disparities?
Wilkerson’s law mandates that police departments that appear
to have engaged in racial or gender profiling document all traffic
stops by race for one year, including stops that don’t result
in a ticket or a warning.
Secretary of Public Safety Edward Flynn has not yet defined what
level of disparity will require further data collection.
It is unclear what will happen once all the data is in. Wilkerson
said she and other lawmakers will take legislative action to determine
consequences for police departments.
She accused Flynn and Attorney General Thomas Reilly of dragging
their feet, saying they have been privy to the data as it was
collected beginning in April 2001, but have done little to prod
police departments to stop profiling.
“The legislation requires they raise a red flag with police
departments and tell them they may want to do something, so at
the end of the process we would see an improvement,” said
Wilkerson. “If they had done that, we would be two years
ahead of the process by now.”
Neither the attorney general’s office nor the office of
the secretary of public safety could be reached for comment on
this story.
Flynn has scheduled meetings in five cities to gather input from
police and residents on what they think is causing the racial
disparities.
“There will be law enforcement people at the meetings and
they’re going to put their two cents worth in,” said
Barbara Dougan, an attorney with the Lawyers’ Committee
for Civil Rights and a member of the task force that will conduct
the meetings. “My concern is that if people feel it is a
done deal, they won’t feel they need to speak up.”
Police strongly opposed the law in 2000, and are expected to be
resistant to efforts to force them to change their procedures.
Following the task force meetings, Northeastern will release a
second report on March 31 with data on disparities in traffic
warnings.
But profiling often occurs without record, say activists. Experts
on profiling say that police often stop drivers of color and simply
questioning them without issuing tickets or even warnings.
“Most people who are stopped on the basis of race or ethnicity
are glad to get on their way,” said Boston University Law
Professor Law Tracey MacLin. “They don’t want to deal
with the government or can’t find a lawyer.”
MacLin noted that it is very difficult to prosecute police departments
for profiling.
“You can’t make a Fourth Amendment [illegal search
and seizure] claim,” he said. “You have to sue under
the equal protection clause. Police tend to be judgement-proof.
You have to show that it is an actual policy to stop people on
the basis of race. You have to show that in your specific case
there were white people who could have been stopped. So that’s
why you don’t see a lot of cases.”
The Boston task force meeting is Thursday, February 5 from 6 to
8:30 p.m. at the New Boston Pilot Middle School, 270 Columbia
Rd., Dorchester.
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