Racial Discrimination in Stop-and-Frisk
Judge Scheindlin was clearly speaking of Mayor Michael Bloomberg when she concluded: “The City’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of singling out “the right people” is racially discriminatory and therefore violates the United States Constitution.”
The judge made clear that she was not striking down the program — which remains an important tool for law enforcement — but requiring the city to use that tool in a way that does not discriminate against African-Americans and Hispanics and that comports with constitutional guarantees against unreasonable search and seizure. Given the city’s refusal to alter its practices significantly, Judge Scheindlin had little choice but to appoint an outside monitor to oversee sweeping changes in how the New York Police Department trains its officers and carries out the stop-and-frisk policy.
Under the Fourth Amendment, police officers can legally stop and detain a person only when they have a reasonable suspicion that the person is committing, has committed or is about to commit a crime. Over the years, however, the Police Department has adopted a strategy that encourages cops to stop and question mainly minority citizens first and to come up with reasons for having done so later. This has resulted in people in some neighborhoods being stopped without reason scores of times a year. These unconstitutional stops, Judge Scheindlin wrote, have exacted a “human toll” in demeaning and humiliating law-abiding citizens. She is currently overseeing three lawsuits against this troubled program. The ruling issued on Monday, in Floyd v. The City of New York, was filed by plaintiffs alleging racial profiling in street stops.
At the heart of the Floyd case are statistics showing that the city conducted an astounding 4.4 million stops between January 2004 and June 2012. Of these, only 6 percent resulted in arrests and 6 percent resulted in summonses. In other words, 88 percent of the 4.4 million stops resulted in no further action — meaning a vast majority of those stopped were doing nothing wrong. More than half of all people stopped were frisked, yet only 1.5 percent of frisks found weapons. In about 83 percent of cases, the person stopped was black or Hispanic, even though the two groups accounted for just over half the population.
The city has consistently said that the disparity was justified because minority citizens commit more crimes. But Judge Scheindlin trenchantly rejected this argument. As she pointed out, “this reasoning is flawed because the stopped population is overwhelmingly innocent — not criminal. There is no basis for assuming that an innocent population shares the same characteristics as the criminal suspect population in the same area.”
The evidence clearly showed that the police carried out more stops on black and Hispanic residents even when other relevant factors were controlled for, and officers were more likely to use force against minority residents even though stops of minorities were less likely to result in weapons seizures than stops of whites.
To remedy these ills, Judge Scheindlin laid out the steps that the city would be required to take in the Floyd case and in the related case of Ligon v. The City of New York, which was brought on behalf of people who said they were illegally stopped, given tickets or arrested in private apartment buildings. She chose Peter Zimroth, a respected lawyer and former prosecutor, to serve as the monitor. Mr. Zimroth’s immediate responsibility will be to develop a set of reforms governing Police Department policies, training, supervision and discipline on stop-and-frisk. The ruling also establishes a process that could be used to revamp other police policies and practices.
Mayor Bloomberg, who has steadfastly supported this corrosive and socially damaging program, seemed unchanged on Monday. He arrogantly dismissed the suit and this rulingas the work of “one small group of advocates — and one judge,” repudiating the outrage about stop-and-frisk that has been growing in the city for years.
He has promised to appeal, but, fortunately, he will be leaving City Hall soon. His successor should retract the appeal and begin the process of bringing New York City’s police practices in line with the Constitution.
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Would independent prosecutors make police shooting investigations fairer?
Would independent prosecutors make police shooting investigations fairer?
Critics say the close connections between prosecutors and local police leads to unjust decisions not to prosecute officers following officer-involved shootings.
The absence of indictments...
Critics say the close connections between prosecutors and local police leads to unjust decisions not to prosecute officers following officer-involved shootings.
The absence of indictments of police officers in shooting deaths – especially in high-profile cases like the deaths of Michael Brown in Ferguson and Tamir Rice in Cleveland – is raising questions about the fairness of using local prosecutors to investigate police officers with whom they may have close ties.
Critics say the close working relationships between local prosecutors and law enforcement injects a bias into investigations of shootings and other deaths at the hands of police. A solution, some suggest, would be to use independent prosecutors to investigate charges of wrong-doing by police officers.
The investigation into the death of Alton Sterling in Baton Rouge, La., offers one example of the closeness often seen between prosecutors and police departments. East Baton Rouge District Attorney Hillar Moore recused himself from the investigation, as he had worked closely with both police-officer parents of one of the officers involved in the shooting.
When a police officer is involved in a shooting, often the officer's own police department opens an internal investigation into the incident. In some cases, says Walter Katz, an independent police auditor of the city of San Jose, Calif., who has studied investigations of police use of lethal force, there is evidence that suggests the investigator's close relationship to the officer can lead to a lack of objectivity.
"That can be amplified when also the local prosecuting agency is the agency that reviews to decide whether or not to file criminal charges against a police officer," Mr. Katz tells The Christian Science Monitor. "In smaller jurisdictions ... they're going to have a close working relationship, so it creates the potential impression that it's not an arm's length review of the use of force."
The scarcity of indictments in a variety of high-profile shootings has increased scrutiny of officer prosecutions by local authorities. The prosecutors in both the Tamir Rice case in Cleveland and the Michael Brown case in Ferguson said they believed the officers involved had acted legally. Both were accused of not presenting a fair review of possible charges to the grand juries, as Ari Melber, MSNBC’s chief legal correspondent, explained in The Washington Post.
The problem of officer-involved shootings of blacks wouldn't be solved with independent prosecutors, Marbre Stahly-Butts, the deputy director of racial justice for the Center for Popular Democracy, a progressive advocacy organization, tells the Monitor. But "certainly accountability is an essential step that needs to happen," she says.
"We have the common sense that asking prosecutors who work everyday with police and depend on police for their cases, to then be objective in prosecuting them, is just not reasonable," Ms. Stahly-Butts says.
Local advocates are working to address these issues, Stahly-Butts says, especially in St. Louis and New York, where it has contributed to the passage of an executive order ensuring independent prosecutors.
On the federal level, Congressman Steve Cohen (D) of Tennessee is sponsoring a bill that would withhold federal funding from law enforcement unless the use of independent prosecutors to address instances of deadly force by police is instituted.
"There's no good reason not to have independent prosecutors," he tells the Monitor. "If you have the prosecutors who work with the law enforcement agency, which they do hand-in-glove to investigate cases and present cases, there is... an appearance of, if not outright, impropriety."
This can limit the citizenry's faith in the justice system, especially if no charges are brought against the officers, Representative Cohen says. On the flip side, when local prosecutors do bring charges, police can react negatively. After Baltimore State's Attorney Marilyn J. Mosby brought charges against officers in the death of Freddie Gray, some believe there was a work slowdown among Baltimore Police, which police officials denied, the Baltimore Sun reported. This hurts the entire community, Cohen says.
The bill, introduced in October 2015, has 80 co-sponsors as of Wednesday morning. Several states have made moves to implement independent prosecutors, including Connecticut and New York. Cohen says it is important to set a nation-wide standard, but House Judiciary Chairman Rep. Bob Goodlatte (R) of Virginia has not yet scheduled a hearing.
The bill is opposed by the National Association of Police Organizations, a law enforcement advocacy group. The organization's executive director, William Johnson, wrote a letter to Cohen expressing fears that officers would face "a great deal of pressure" if investigated by independent prosecutors, The Hill reported.
"There is a risk that decisions to prosecute would be made based on politics, not on the law and admissible evidence," Johnson wrote. "NAPO is concerned that an officer would be indicted, even if he/she did nothing wrong."
Johnson did not respond to requests for comment from the Monitor.
Cohen says local law enforcement may oppose his bill because they benefit from the current system and may be "getting home cooking".
"That's not what justice is about," he says. "All games should be on neutral courts."
By AIDAN QUIGLEY
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Texas Matters: Unemployment Still A Problem For Texas Minority Communities
Texas Public Radio - March 6, 2015, by David Martin Davies - The U.S. Labor Department reports that the latest national unemployment rate is 5-point-5 percent. That’s good news for the economy...
Texas Public Radio - March 6, 2015, by David Martin Davies - The U.S. Labor Department reports that the latest national unemployment rate is 5-point-5 percent. That’s good news for the economy overall and the sluggish recovery. But if you are still one of those without a job then the unemployment rate is 100%. But for minority communities the recovery has yet to arrive. A coalition of community and labor groups in Texas is calling for the Federal Reserve to focus on full employment and higher wages for blacks, Latinos, native peoples and others in poor neighborhoods who have been left out of the recovery. Connie Razza is the Director of Strategic Research at the Center for Popular Democracy.
Listen to the clip here.
Zara exposed for chronic racial profiling
If you’re a huge fan of shopping at Zara, the Spanish fast-fashion franchise, you may want to start spending your money elsewhere.
The fashion...
If you’re a huge fan of shopping at Zara, the Spanish fast-fashion franchise, you may want to start spending your money elsewhere.
The fashion brand has been outed for its deeply engrained racist hiring and customer service practices in arecent survey conducted by the Center for Popular Democracy, a racial, economic and labor justice group. A random sample of two hundred-fifty one out of Zara’s 1,500 Manhattan employees participated in the survey and confided that Black customers are profiled as potential thieves seven times more frequently than white shoppers.
The study, entitled “Stitched with Prejudice: Zara USA’s Corporate Culture of Favoritism” and written by Chaya Crowder, also revealed that Black customers were also more frequently denied exchanges and returns than Whites. Customers weren’t the only people that were racially discriminated in Zara’s stores. Black employees claimed that they were given dissatisfactory hour assignments and stricter surveillance from managers.
“It’s kind of weird to me how they can make millions of dollars but are not able to pay people properly for their time, let alone give people the amount of time that they need in order to support their family, in order to keep a roof over their head, in order to, you know, just feed themselves.” One employee said:
The study had also found that darker-skinned employees were also less likely to promoted to managing roles and were often given less-prestigious roles. Sixty-eight percent of employees that were assigned roles in the back of the store and away from the public had darker complexions. Managers were generally White, and generally gave preferential treatment or were less lenient to subordinates of the same races and ethnic groups. The extent to which Black employees were profiled in their own work environment were sometimes highly disturbing, as portrayed in this incident:
“[O]ne Black employee even detailed an instance in which he had come in a hooded jacket to pick up his check. A sales associate not only identified him as a special order, but he was physically stopped as he was walking into the back office, where checks are kept.”
The study’s findings are not particularly surprising, given Zara’s history of being infamous for racial bias in the brand’s various operations. Just earlier this month, the franchised was served with a $40 million lawsuit from a former worker citing discrimination, unlawful discharge, retaliation and a hostile work environment. The brand also received bad press last year for racist images on its merchandise: pajamas featuring swastikas, a necklace with blackface designs, shirts with gold stars resembling those worn by the Jewish people once held in concentration camps in the Holocaust and a shirt with the words printed saying, “White is the New Black.”
According to Forbes, Zara featured the following statement:
“Zara USA vehemently refutes the findings of the Center for Popular Democracy report which was published without any attempt to contact the company. The baseless report was prepared with ulterior motives and not because of any actual discrimination or mistreatment. It makes assertions that cannot be supported and do not reflect Zara’s diverse workforce.
“Zara USA believes that the report is completely inconsistent with the company’s true culture and the experiences of the over 1,500 Zara employees in New York City. We are an equal opportunity employer, and if there are individuals who are not satisfied with any aspect of their employment, we have multiple avenues for them to raise issues that we would immediately investigate and address.
“Approximately half of all Zara USA employees are Hispanic or African American. In the most recent round of internal promotions at Zara USA, approximately half were Hispanic or African American employees. In addition, approximately half of all hours are regularly allocated to Hispanic or African American employees. These facts clearly demonstrate that diversity and equal opportunity are two of the company’s core values. We are a global multicultural company serving valued customers across 88 countries, and do not tolerate discrimination of any form.”
Welp. I know Zara won’t be seeing my money again anytime soon. It’s a shame, their pencil skirts fit me in all the right places…
Source: New Pittsburgh Courier
Tenants Protest Trump's Proposed Housing Budget Cuts
Tenants Protest Trump's Proposed Housing Budget Cuts
Hundreds of protesters from more than a dozen states demonstrated at a Capitol Hill church Wednesday to oppose the Trump administration's proposed $7 billion cut to federal housing programs.
...Hundreds of protesters from more than a dozen states demonstrated at a Capitol Hill church Wednesday to oppose the Trump administration's proposed $7 billion cut to federal housing programs.
Holding signs that said "No cuts to our funding" and "Stop selling our neighborhoods to Wall Street," the protesters chanted and yelled "No cut" as they streamed inside the Lutheran Church of the Reformation.
Read the full article here.
Young Women of Color Are Running to Win
In the Senate, Kerri Evelyn Harris is challenging centrist Senator Tom Carper, one of the few Democrats in the Senate who supports Social Security cuts and who recently voted to roll back Dodd-...
In the Senate, Kerri Evelyn Harris is challenging centrist Senator Tom Carper, one of the few Democrats in the Senate who supports Social Security cuts and who recently voted to roll back Dodd-Frank. According to my analysis of American National Election Studies 2016 survey data, 92 percent of Democratic primary voters support more, not less, government regulation of banks, and a mere 3 percent support cuts to Social Security. Given her decade as an organizer, most recently with the Center for Popular Democracy, Harris is approaching the race the way a community organizer would.
Read the full article here.
Más hispanos mueren en NY en trabajos de construcción
El Diario – October 25, 2013, by Juan Matossian -
En el 60% de los casos de fallecimientos por caídas, investigados entre 2003 y 2011 en el estado, la víctima era latino y/o...
El Diario – October 25, 2013, by Juan Matossian -
En el 60% de los casos de fallecimientos por caídas, investigados entre 2003 y 2011 en el estado, la víctima era latino y/o inmigrante
Los obreros de construcción hispanos e inmigrantes sufren muchos másaccidentes y muertes por caídas que otros trabajadores del mismo gremio, debido a las pobres condiciones de seguridad en las que trabajan en el estado de Nueva York, según reveló un estudio.
El reporte, comisionado por el Center for Popular Democracy, muestra que en el 60% de las muertes por caídas en los accidentes, investigados entre 2003 y 2011 en el estado, el fallecido era latino y/o inmigrante.
En la ciudad, esta cifra se incrementa hasta casi el 75% – tres de cada cuatro – a pesar de que sólo supone el 40% de la fuerza total de trabajo en ese reglón.
Encuestas realizadas a empleados latinos evidenciaron que muy pocos se atreven a quejarse por las condiciones de seguridad por temor a represalias de sus jefes.
Problemas de seguridad
Ese fue el caso de Pedro Corchado, un obrero que cayó desde una escalera durante la renovación de un edificio hace cinco años, y sufrió graves heridas por no contar con un arnés de seguridad.
“Casi cualquiera que trabaje en construcción te dirá que es muy difícil negarse a las órdenes de escalar un andamio que no es seguro o subir una escalera sin equipamiento de seguridad”, dijo Corchado. “Para la mayoría de trabajadores como yo, decir ‘no’ al jefe simplemente no es una opción”.
El grupo que elaboró el estudio y otras organizaciones que defienden a estos trabajadores, argumentaron que la mejor manera de detener esta tendencia es aumentar los fondos deOSHA, porque ahora mismo la oficina no cuenta con los suficientes medios ni inspectores.
Calcularon que, para que OSHA inspeccione cada lugar de construcción que hay actualmente en Nueva York, les llevaría 107 años.
Por otro lado, hicieron un llamado para que se proteja la llamada “Ley del Andamio”, que ayuda a asegurar las condiciones de seguridad en los sitios de construcción y que varios promotores inmobiliarios presionan para que se derogue porque incrementa significativamente el coste de nuevos edificios.
“En lugar de invertir en la seguridad en el trabajo, la comunidad de negocios quiere que la responsabilidad por heridas y muertes pase a los que son más vulnerables y no tienen control sobre las condiciones laborales”, denunció Joel Shufro, director ejecutivo delComité para Seguridad y Salud en el Trabajo de Nueva York. “Pondría a todos los obreros de construcción en riesgo, particularmente a los jornaleros y a los no sindicados”.
Una última petición es que se tomen medidas para asegurar que tanto los promotores, dueños y trabajadores de la construcción, reciban entrenamiento de seguridad de acuerdo con los estándares de OSHA.
Source
No indictment in Eric Garner police killing
Reports indicate that a grand jury has decided not to indict NYPD Officer Daniel Pantaleo in the death of Eric Garner, an unarmed Black man. Garner died in July in Staten Island of neck...
Reports indicate that a grand jury has decided not to indict NYPD Officer Daniel Pantaleo in the death of Eric Garner, an unarmed Black man. Garner died in July in Staten Island of neck compression, combined with asphyxia as a result of a chokehold applied while police officers were arresting him for the suspected sale of untaxed cigarettes. The incident was captured on cellphone video by Ramsey Orta who was a bystander. Garner had broken up a fight when officers attempted to arrest him. Pantaleo put Garner on the ground by the use of force, which included the use of a headlock resulting in Garner’s death. The city’s medical examiner later ruled the death a homicide. The NYPD is banned from using chokeholds, however, chokeholds are not illegal.
At a press conference Wednesday night, the Rev. Al Sharpton and Garner's family spoke about the grand jury's decision. Sharpton announced plans for a national march in Washington, D.C. on December 13 to urge the U.S. Department of Justice to investigate the string of recent police killings of unarmed Blacks.
"We are dealing with a national crisis," he said. "We are not advocating violence, we are asking that police violence stop. Now you have a man chocked to death on videotape and says 11 times 'I can't breathe.'" Garner's wife, Esaw, said she did not accept the apology give by Pantaleo on Wednesday after the grand jury didn't indict him. She said she plans to move forward to get justice for her late husband.
"I'm determined to get justice for my husband," she said. "He should be here celebrating Christmas and Thanksgiving and he can't. My husband's death will not be in vain. As long as I have breath in my body I will fight the fight."
Several Black and Latino congressional members, including Gregory Meeks and Yvette Clark, held a press conference in Washington, D.C. after the grand jury's decision was announced. The legislatures called for the Justice Department to step into the case. The U.S. Department of Justice is going to investigate Garner's death, according to reports. U.S. Attorney General Eric Holder announced that a federal civil rights investigation would be opened in the case.
Mayor Bill de Blasio, Public Advocate Leticia James and several city council members held a press conference in Staten Island on Wednesday to address the issue. De Blasio said that frustration over the grand jury's decision is understandable. "It's a very emotional day for our city. It's a very painful day for so many New Yorkers," he said. "We're grieving – again – over the loss of Eric Garner, who was a father, a husband, a good man – who should be with us."
The decision in the Garner killing by a grand jury comes just over a week after a grand jury in Ferguson, Mo. decided to not indict Officer Darren Wilson for the shooting death of Michael Brown. Peaceful demonstrations along with rioting followed the announcement of that decision. Police Commissioner Bill Bratton met with several elected officials in Staten Island before the decision was announced anticipating the reaction to the decision. Demonstrations were being announced via social media on Wednesday and took place Times Square, Grand Central and Union Square. A gathering was also planned for the nationally televised Rockefeller Center Christmas tree lighting set to take place in the evening.
Several groups including Communities United for Police Reform Justice Committee, Make the Road NY, VOCAL-NY, Center for Popular Democracy, Color of Change, Million Hoodies and Freedom Side announced they are organizing demonstration.
Source: Amsterdam News
JPMorgan's Dimon defends Trump advisory role, deregulation
JPMorgan Chase & Co (JPM.N) Chief Executive Jamie Dimon on Tuesday responded to criticism from angry shareholders of his role advising President Donald Trump on economic matters, saying he...
JPMorgan Chase & Co (JPM.N) Chief Executive Jamie Dimon on Tuesday responded to criticism from angry shareholders of his role advising President Donald Trump on economic matters, saying he would help "any president" in office.
At the bank's annual meeting in Wilmington, Delaware, several attendees demanded answers from Dimon about his role on a White House business council and JPMorgan's involvement with financial deregulation efforts in Washington.
Read the full article here.
The King who carried on the fight for economic justice
The King who carried on the fight for economic justice
Coretta Scott King opposed violence in all its forms — from the personal violence that took her husband 50 years ago Wednesday, to what she described as the economic violence of unemployment and...
Coretta Scott King opposed violence in all its forms — from the personal violence that took her husband 50 years ago Wednesday, to what she described as the economic violence of unemployment and poverty that continues around us.
Read the full article here.
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