Campaign News

The New York Police Department’s body camera program launched this week, but not without a fight from activists.

Last week, Communities United for Police Reform and other community groups filed a legal opposition to the NYPD’s then-proposed policy. Submitted to Judge Analisa Torres, they wanted to halt the program’s rollout. The community groups, along with entities like The Center for Constitutional Rights, believe the language of the program renders the concept of body cameras for cops meaningless.

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WCNY - April 24, 2014, by Alyssa Plock - AUDIO CLIP. We discuss the Scaffold Law with two people who hold opposing views on the issue: Dr. Michael Hattery, director of local government studies at the Rockefeller Institute, and Connie M. Razza, director of strategic research at the Center for Popular Democracy.

Listen to the discussion here.

International Business Times - March 8, 2014, by Aaron Morrison - Cyril Darensbourg has been unemployed for 10 years. As shocking as he knows that sounds to those who don’t know him personally, the 48-year-old native of New Orleans had enjoyed a 15-year career managing restaurants in Chicago and New York, after taking a chance on a dream and ending his third year of studying electrical engineering in Louisiana. Years of job-application submissions and temporary work here and there has persisted for far too long. Darensbourg is one of close to 2 million African-Americans in the U.S. who are currently unemployed and looking for work.

Across the American economy, the dominant story during the past several months has been a sustained recovery that resuscitated a dormant job market and the accompanying unemployment rate that has plunged below pre-Great Recession levels. But if better days are here for many workers, this feeling is shared to a lesser degree by African-Americans, whose unemployment rate is still considered high and has long been double the rate for whites. Among black working-age people, however, the unemployment rate since February 2014 has dropped more quickly than among nonblack workers.

On the surface, that improvement should signal a triumph, but it is accompanied by an asterisk, given the fact that nonblack workers’ unemployment rates fell much earlier and faster during the recovery. Government data indicates recent job creation has been less beneficial to African-American workers when compared with whites, Asians and Hispanics: Basically, blacks had more ground to make up and their labor-force representation is skewed toward lower-wage industries in which there are higher turnover rates, one study found.

These clear-cut differences mean that for people such as Darensbourg, who have been out of work for periods of several months or several years, other factors exaggerate the length of their unemployment. Many African-Americans find it hard to dismiss completely the role that race plays in their difficulty finding work, even with federal laws making discrimination illegal. Studies have found that even when black applicants possess qualifications that are on par with white applicants, variables as simple as their names or as complex as the breadth of their professional networks can many times hold them back.

“I’ve never felt secure, in my entire adult life working,” said Darensbourg, who is now married with two kids and living with his family in a New York apartment. After the 9/11 terrorist attacks in 2001 eliminated his management-level job at a restaurant located within the no-traffic zone, he was forced to look for work in other restaurants, which he said wouldn’t pay him at his previous annual salary of nearly six figures.

“I’ve been in disbelief,” said Darensbourg, a 6-foot-5-inch, 220-pound man who is often told his presence is at worst intimidating and at best unforgettable. During an interview for a job he was certain he would get, he recalled feeling his younger, white, female interviewer was put off by his size and confidence. “Over time, I didn’t know what to do,” he said of the experience.

“People in my situation are giving up. They are just adapting their lives to where they are. I’m not thinking about trying to buy a home or going on vacation. I don’t know how retirement is going to work,” Darensbourg said.

Unemployment Among Blacks Still High

In February, the unemployment rate for African-Americans was 10.4 percent, while the comparable rates for whites, Hispanics and Asians were 4.7 percent, 6.6 percent and 4.0 percent, in that order, according to data released by the U.S. Bureau of Labor Statistics Friday. The national unemployment rate was 5.5 percent last month. Last year, 23.7 percent of those who are black and unemployed had attended some college, 15.4 percent had bachelor’s degrees and 4.5 percent had advanced degrees.

A 2014 study by the Young Invincibles, a nonpartisan education and economic opportunity advocacy group, found an African-American college graduate has the same job prospects as a white high-school dropout or a white person with a prison record. The study attributed the gap to racial discrimination.

The experience of joblessness for African-Americans can have a lasting effect on their economic mobility, according to the Center for Popular Democracy, a liberal think tank in New York that released a report on black unemployment this week. It was prepared with the technical assistance of the nonpartisan Economic Policy Institute in Washington. On an hourly basis during the past 15 years, black workers’ wages have fallen by 44 cents, while Hispanic and white workers’ wages have risen by 48 cents and 45 cents, respectively, according to the report. Black wealth has also shrunk, while Hispanic and white wealth has stabilized.

Since March 2010, black employment climbed by about 2.3 million jobs, a 15.0 percent increase, and the black employment-population ratio rose to 54.8 percent from 52.0 percent, according to government data. Over the same period, white employment climbed by about 3.8 million jobs, a 3.4 percent increase, and the employment-population ratio rose to 60.1 percent from 59.5 percent. Because whites had less ground to make up, the increase for blacks, while statistically significant, still wasn’t large enough to suggest that they reaped more than a modest share of the gains in the economic recovery.

Most jobs that came back during the recovery, close to 45 percent, were lower-wage jobs, such as those in the retail and service industries, according to the Center for Popular Democracy’s report. Those industries employ 1.85 million more workers today than they did at the beginning of the recession. The data indicate African-American representation is skewed toward the lower-wage end, rather than toward either the mid-wage range or higher-wage end, where fewer jobs came back.

The center said the U.S. Federal Reserve’s recovery initiative to stimulate job creation through its monetary policies has been most beneficial to workers in higher-wage industries and to workers in regions of the U.S. where those jobs exist, such as on Wall Street. Even with the apparently gloomy outlook, economists say things are improving for black job seekers. “The economic recovery is finally beginning to take hold,” said Valerie Wilson, the director of the Economic Policy Institute’s Program on Race, Ethnicity and the Economy. “The rate of growth that we’re seeing now, this has only been happening for a year.”

Economists have stressed the Fed’s focus should be on genuine full employment. That’s been President Barack Obama’s argument for addressing joblessness among all Americans. But critics have said this approach ignores structural reasons -- lower educational attainment and higher rates of criminal convictions -- for African-American joblessness that is more prone to fluctuation than whites. “Assuming that monetary policy continues to function in a way that allows the recovery to proceed, the prospects for finding a job should improve for African-Americans,” Wilson said.

Education Can Make A Difference (Usually)

African-Americans who have achieved higher-education degrees -- a key investment leading to the middle class -- still find themselves more likely to face long-term unemployment than their white, Hispanic and Asian counterparts. According to the Center for Popular Democracy’s study, the only proven solution to this problem are those Fed programs that ideally stimulate job creation for workers of all experience and skill levels. But that still has not been robust enough to help the broadest swath of African-American workers.

Tamica Thompson said she could use preferential hiring consideration, although she didn’t believe she needed it before her long-term unemployment set in. Thompson’s difficulty in finding a job puzzles her. A 30-year-old born to Jamaican immigrants in New York, Thompson joined the U.S. Army in 2002, right after she graduated from high school. She was stationed in South Korea, and left active duty four years later to earn a bachelor’s degree in health-service management from Berkeley College in New York. She later obtained a master’s degree in public administration from Pace University in New York.

But even with those credentials and her military experience, Thompson has struggled to find a job that values her skill set. When she did interview for a promising job at a nonprofit development corporation -- for which the hiring manager told her she was the sole applicant -- she later discovered the position was given to someone else. She also worried that the formatting of her paper resume, which received a harsh critique from a job-placement counselor, was a factor in the length of her unemployment.

“I was unemployed for a good eight months until I found myself here,” Thompson said, referring to a stipend-supported internship for Operation: GoodJobs, a work-placement program run by the Goodwill Industries for Greater New York and Northern New Jersey, an initiative that helps military veterans and their families find jobs and training opportunities. The irony of her current situation is not lost on Thompson, who works to help other veterans find jobs while she scrapes by on the stipend. “Because I was not working, I was getting behind on my rent. I couldn’t do even the simple things anymore. Money was so limited for me. That caused me to be depressed, sad and angry. It’s a little better now, but I’m still struggling,” she said.

Race And Class Are Factors In Unemployment

Despite federal laws protecting women and racial minorities from discrimination by employers, several studies point to racial prejudices and favoritism as big contributors to how blacks fare in the job market. A 2004 study by the American Economic Review found job seekers with resumes that had so-called white-sounding names received 50 percent more callbacks for interviews. Names such as Jamal or Lakisha or others that are perceived as black-sounding names, received fewer callbacks. That racial gap is uniform across occupation, industry and employer size, researchers found.

Another study, conducted by the business school at Rutgers University in New Jersey, found that favoritism, or the race of the hiring manager, was a contributing factor to racial disparity in the workplace as well. The prevalence of a mind-set in the U.S. that the rich worked hard for everything they have and poor haven’t toiled enough certainly doesn’t help matters, said Sam Brooke, an attorney with the Southern Poverty Law Center, a nonprofit organization based in Montgomery, Alabama, that tracks racial disparity and hatred. “There’s a deep, fierce resistance to setting aside that idea,” Brooke said. “That’s an incredibly valuable part of the story that we tell about America. If you view it just through that lens, it’s hard to see how we’ll overcome” the disparities, he said.

The Civil Rights Act of 1991 made changes to a law passed in the 1960s that protected workers from intentional employment discrimination based on race, sex, religion and national origin. It also provided monetary damages in cases of proved discrimination. But few cases are won in U.S. courts, and a comparatively small proportion are resolved by settlements, according to federal data.

Darensbourg, the unemployed former restaurant manager, hasn’t considered a lawsuit against a prospective employer, even when he suspected that there was something more to its rejection of him than his qualifications. “I’m pushing my kids to do way better than I did in school,” he said. “I can’t pay for them to go to school. I don’t know how that would happen unless they got a scholarship. I tell my daughter that she is not just competing with the kids at her school; she’s competing with the whole world. I try to have them see stuff that my parents didn’t show me.”

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The New York Times - August 13, 2013, by J. David Goodman - As the Police Department performed a mounting number of stops on New York streets, voices of opposition, slow and scattershot, struggled to be heard.

Complaints, mostly from minority areas, never quite coalesced into a movement. Police officials and city leaders casually dismissed opponents, denying that the stops were race-based and pointing to the plummeting crime rate as justification for the tactics.

The stops continued to rise by the tens of thousands, as police officials pushed to drive crime levels even lower. And although the dialogue never changed, the slow unmaking of the stop-and-frisk strategy had quietly begun.

In a 16th-floor conference room in TriBeCa, roughly 40 different groups of researchers, lawyers and community activists gathered in June 2011 to plan a unified political attack on the policing practice to go along with the one being mounted in the federal courts.

The groups coalesced under one name, Communities United for Police Reform, fanning out into neighborhoods with heavy police activity and becoming a regular and loud presence at rallies on the steps of City Hall and outside the federal courthouse in Manhattan. The mantra: Change the Police Department.

Their efforts, backed by $2.2 million in grants from George Soros’s Open Society Foundations, set the stage for a stunning repudiation of what has become the department’s signature street-level tactic, long defended by successive mayoral administrations.

In the City Council in late June and in a federal court on Monday, the Police Department suffered severe setbacks to its crime policy, and is now facing a court-ordered monitor,two police oversight bills and the possibility that its perceived legacy of a significant decline in crime may come with an asterisk.

“They redefined it successfully,” said Paul J. Browne, the department’s chief spokesman, crediting advocates from the Communities United for Police Reform, which includes the civil liberties group, the Center for Constitutional Rights, that brought the federal suit, Floyd v. City of New York.

“By using data we’re required to produce,” Mr. Browne said, the advocates managed to reframe the debate over the stop-and-frisk policy as a numbers-oriented calculation of how often the police interactions resulted in arrests or summonses.

In a vast majority of the recorded stops, officers cited a reason other than fitting the description of a suspect as being the basis. And in nearly 90 percent of the cases, the person stopped was neither arrested nor given a summons.

“Stop-and-frisk isn’t stopping criminals,” said Donna Lieberman, the executive director of the New York Civil Liberties Union. “It is stopping innocent people.”

The battle over police stops in New York has many origins, but most see its beginnings in the killing of Amadou Diallo by a team of specialized police officers, who shot the man as he stood in the vestibule of his Bronx apartment building in 1999. That violent encounter — in the course of a stop on a darkened street — led to a report by Eliot Spitzer, then the state attorney general, titled “The New York City Police Department’s ‘Stop and Frisk’ Practices.”

“Obviously the killing of Diallo was a flash point,” said Andrew G. Celli Jr., who as the head of the civil rights bureau under Mr. Spitzer worked on the report. “But underneath it was a seething sense that people were living in a police state.”

The report shined a light on an area of policing that remained largely cloaked during the administration of Mayor Rudolph W. Giuliani, a time when data about police stops were not public, and advocates sparred more often with the department over individual actions by officers than over broad policy.

Once it became clear that the department collected detailed data on stops — from the UF-250 forms filled out by officers for each interaction — a push began for more access. The Council passed a law in 2001 requiring the department to release data on stops, including by race.

“I don’t think anybody understood at the time how important that legislation was,” said Ms. Lieberman, of the civil liberties union. “But this is a classic example of how a fight over transparency supports a campaign for reform.”

The first release of data, for stops in 2002, showed that a little more than 50 percent of the stops were of blacks and about 31 percent were of Hispanics, roughly the same as during the period studied in the Spitzer report.

To the department, those numbers made sense, because they roughly matched the racial breakdown of suspects identified by witnesses or victims of crimes. It is an argument still made forcefully by Mayor Michael R. Bloomberg, as it was by Mr. Giuliani when he was mayor.

Yet after taking office, Mr. Bloomberg and his police commissioner, Raymond W. Kelly, seemed willing to move past the issue. The city settled a lawsuit, brought shortly after the Diallo killing by the Center for Constitutional Rights, and the unit responsible for the shooting was dissolved. Under terms of the settlement, it modified the UF-250 form and created a written policy against racial profiling.

At the same time, the number of stops quietly rose each year.

The police shooting of Sean Bell, in 2006, set the stage for a new confrontation with advocates, who began asking again about data on stops. The New York Civil Liberties Union found that the department had not released it to the Council in years.

When the new stop data were finally released in 2007, the numbers were startling: 508,540 stops in 2006, up from 97,296 four years earlier. Civil rights lawyers filed the Floyd suit the next year. (The suit takes its name from David Floyd, a Bronx man who said he had been stopped more than once by the police and who served as lead plaintiff in the class action.)

Advocates from different groups — including, among others, the Legal Aid Society, Make the Road New York, the Malcolm X Grassroots Movement, the NAACP Legal Defense Fund, and the Center on Race, Crime and Justice at John Jay College of Criminal Justice — began meeting informally.

But it was not until the first large meeting in June 2011 at 75 Varick Street, and the creation of the single coalition, that momentum began to gather, said Joo-Hyun Kang, the coalition’s director. “We’re talking about a year and a half, which is not a long time period to pass what I’d call landmark legislation,” she said, referring to a pair of oversight bills passed by the Council. (The bills were vetoed by Mr. Bloomberg; an override vote is planned for this month.)

For Mr. Celli, the former state civil rights lawyer, the Police Department missed several opportunities to change itself in ways that might have avoided a public backlash.

“They should have embraced the I.G. and sought to frame exactly what the person’s powers would be,” he said, referring to one of the bills creating an inspector general for the police. The other, a more direct response to the stop-and-frisk policy, would expand the ability of New Yorkers to sue the department over bias-based profiling.

The federal judge in the stop-and-frisk case, Shira A. Scheindlin of Federal District Court in Manhattan, was more critical of the police, finding the department to be “deliberately indifferent to the discriminatory application of stop and frisk.”

Nonetheless, by last year, the department began to change, significantly dropping the number of stops. Commissioner Kelly denied that political pressure or the court case led to the decline, saying it had been the result of redeployment and better training.

Whatever the explanation, after record highs in the first quarter of 2012, the number of stops plummeted to near record lows by early 2013.

Jeffrey A. Fagan, a Columbia University law professor who testified against the city in the Floyd case, said the Police Department did not open itself up for self-criticism on the issue of stops.

“They became defiant about sticking to the story,” he said. “And they dismissed any questioning as being grumpy old civil rights advocates.”

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