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ACLU files discrimination suit over Chicago traffic stops

Wednesday, Jun 28, 2023 - Posted by Rich Miller

* The lawsuit is here. From the ACLU of Illinois…

Five Black and Latino Chicagoans subjected to repeated traffic stops filed a discrimination lawsuit on behalf of a class of Black and Latino drivers against the Chicago Police Department late yesterday. The lawsuit alleges that CPD officers are more likely to pull over Black and Latino drivers than white drivers, and that this disparity cannot be justified either by public or traffic safety. The complaint alleges that the racial and ethnic disparities in CPD’s traffic stops are due to CPD policies requiring officers to satisfy traffic stop quotas and flood neighborhoods on the South and West Sides of the City with traffic stops for alleged minor equipment and registration violations, as confirmed by statistical evidence and public statements from CPD and City officials.

Data presented in the complaint shows that CPD’s mass traffic stop program, which ramped up under the administrations of former Mayors Lori Lightfoot and Rahm Emanuel, has not decreased serious crime in Chicago. As reflected by the experiences of the five Chicago residents, the complaint alleges that, through its mass traffic stop program, CPD harasses, racially profiles, and demeans hundreds of thousands of law-abiding community members of color who are simply trying to go about their day; in doing so, it undermines public confidence in CPD and wastes public resources, which in turn undermines public safety.

The lawsuit filed today asks a federal court to prohibit CPD from targeting predominantly Black and Latino neighborhoods for a high volume of traffic stops, bar the use of traffic stops as simply an excuse to search for contraband like weapons or drugs, and end traffic stop quotas, among other requests.

“As a community organizer working to improve relations between police and community members, it is clear that CPD’s practice of targeting Black drivers with traffic stops increases tension and anger between Black people and the police. It makes people of color feel like we’re not free to travel in our own neighborhoods,” said Eric Wilkins, a Black resident of the Roseland neighborhood on the City’s Far South Side, and lead plaintiff in the lawsuit. Mr. Wilkins has been stopped repeatedly by Chicago police over many years.

“As a careful and conscientious driver, it is obvious that I have been stopped based on police officers’ false stereotypes about young Black men rather than for any legitimate reason,” said plaintiff Mahari Bell, a Black veteran of the Illinois Army National Guard who resides in the South Shore neighborhood. As alleged in the complaint, Mr. Bell has been stopped at least 10 times in the last eight years without a single citation being issued.

The complaint alleges that on one occasion in May 2022, Mr. Bell was stopped near Chicago’s Willis Tower while driving for a food delivery service. Officers approached his car and immediately demanded to know if Mr. Bell possessed any cannabis. Mr. Bell said no, but the officers ordered him out of the car. As Mr. Bell complied, they handcuffed him with his hands behind his back, telling Mr. Bell that handcuffing drivers is “what we do.” An officer then searched through Mr. Bell’s car and his possessions without his permission and without any legal basis. As onlookers on the busy downtown street watched, an officer reached into Mr. Bell’s pants, took his wallet, and ran his name through their computers. He was then released from the handcuffs and told he could go on his way.

“It was humiliating and degrading to be treated like a criminal in front of countless people on that street corner,” added Mr. Bell. “There was absolutely no reason for this frustrating stop, let alone for humiliating me while I was at work.”

Jacquez Beasley, a Black resident of the city’s West Side and an employee of the Chicago Park District, experienced a similarly embarrassing and degrading traffic stop in January 2023. As alleged in the complaint, CPD officers pulled Mr. Beasley over after he turned into the parking lot of his own workplace; with his work supervisor watching, officers interrogated Mr. Beasley as if he were a criminal suspect before telling him to go on his way.

“I have been pulled over at least 12 times since I got my driver’s license in 2020,” said Mr. Beasley. “I feel that officers see me – a young Black man with dreadlocks – and immediately assume I’m suspicious, even though I have no record and I’ve never gotten a traffic ticket or even a warning.”

The complaint alleges these experiences are typical of the experiences of hundreds of Black and Latino people who are subjected to traffic stops by CPD officers every day. The data presented in the complaint shows that since 2016, Black drivers in Chicago have been 4 to 7 times more likely than white drivers to be stopped by police; Latino drivers have been twice as likely to be stopped as white drivers. The data presented also shows Chicago police are also far more likely to search Black and Latino drivers and their vehicles, even though the police often have higher rates of finding illegal contraband in the vehicles of white drivers.

The complaint collects admissions from past CPD leadership that CPD intentionally targets traffic stops in neighborhoods on the West and South Sides where mostly Black and Latino people reside. The statistical analysis and other evidence presented in the complaint also demonstrate that claims by CPD leaders that CPD uses traffic stops in “high crime” areas to address violence, are not true. The City’s Inspector General has found that CPD is more likely to concentrate traffic stops in neighborhoods with a predominance of Black residents than in neighborhoods experiencing the most violence.

* Sun-Times

Fewer than 5% of some 600,000 stops net even a ticket; not even 1% result in arrest or seizure of drugs or guns. […]

The lawsuit cites departmental emails released by the activist groups Impact for Equity and Free 2 Move Coalition that showed CPD’s top brass demanding more traffic stops — including Ernest Cato III, who was then deputy chief of Area 4 and is now seeking to become head of CPD under Mayor Brandon Johnson — as a crime fighting strategy. The lawsuit incorrectly identifies Cato as “Eric Cato,” and his rank as first deputy chief and the second-in-command to former Supt. David Brown, a post then held by Eric Carter.

In the summer and fall of 2020, Cato sent a flurry of emails informing commanders that traffic stop tallies in some of the city’s most dangerous police districts were “not sufficient” and repeatedly urged commanders to increase the number of stops.

“Look at your traffic stop strategy and be prepared to address how you will utilize traffic stops to address violence,” he wrote to district commanders in a September 2020 email that included the districts’ statistics. “Effective traffic stops … decrease violence.”

Subsequent emails from supervisors under Cato show them pushing subordinates to make more stops. The lawsuit also notes that deposition testimony in a lawsuit filed by CPD Lt. Franklin Paz, who was demoted from the citywide Community Safety Team. Officers said the team Cmdr. Michael Barz set quotas for traffic stops, as well as arrests, in the neighborhoods targeted for “missions” by the team. Paz has sued the department, claiming he was kicked off the team in retaliation for raising concerns about Barz’s quotas.

Stephanie Kollmann of the Children and Family Justice Center on Cato’s bid to become the next CPD superintendent…


       

9 Comments
  1. - Just Me 2 - Wednesday, Jun 28, 23 @ 12:42 pm:

    I’m loving all the Aldermen who are complaining the independent hiring committee for the next police chief they created is too independent. Classic Chicago.


  2. - Anyone Remember - Wednesday, Jun 28, 23 @ 12:48 pm:

    Traffic stop data has just enough truth to be dangerous. In fact, absent driver / passenger income data, it may be worthless. The lower down the economic scale you go, the more likely there will be equipment violations, lapsed drivers’ licenses, vehicle registrations, insurance cards, etc.

    Is there a problem with policing and people of color? Yes.

    But there is an economic component. Specifically, consider the case of the person who threaten Sen. Sims. Would he have been treated the same way if he looked like Joe Dirt?


  3. - SWIL_Voter - Wednesday, Jun 28, 23 @ 12:54 pm:

    Eventually the people of America will have to be dragged kicking and screaming to the realization that the solution to the immigration crisis, the worker shortage, and the demographic cliffs that threaten the future of education and our safety net is to allow more immigrants to come here legally. We’ve already wasted almost 30 years throwing billions and billions at enforcement. One day hopefully we’ll actually try to address the problem with a solution


  4. - Stephanie Kollmann - Wednesday, Jun 28, 23 @ 1:10 pm:

    Thanks for this, Rich.

    Just to be clear, I’m not dismissing the possibility that he is the best applicant for the job. I have no idea. He may be.

    I just know the best applicant for the job should be able to handle questions and IMO this topic is incredibly important.


  5. - Stephanie Kollmann - Wednesday, Jun 28, 23 @ 1:13 pm:

    Anyone Remember, I encourage you to look at graphs of what has been happening to Black motorists in Chicago. It clearly depicts sudden swings in policing strategy and not household economics.


  6. - Chicagonk - Wednesday, Jun 28, 23 @ 2:07 pm:

    The problem with a disparate impact analysis when it comes to traffic stops is that it is too simple and often misses confounding variables - There are good studies out there that have looked at traffic stop data using multiple regression models that are interesting.


  7. - charles in charge - Wednesday, Jun 28, 23 @ 3:52 pm:

    ==There are good studies out there that have looked at traffic stop data using multiple regression models that are interesting.==

    Would you care to identify those “good studies” you speak of, or just leave a vague comment suggesting that there’s something wrong with the data supporting these legal claims?


  8. - cermak_rd - Wednesday, Jun 28, 23 @ 3:56 pm:

    Fewer than 5% of some 600,000 stops net even a ticket

    That’s what jumped out to me. So what are the other 95% of the time? Warnings? Discretionary let go? Oh we didn’t find anything and really don’t have grounds for having stopped you?
    I would like to see those stats.


  9. - Lefty Lefty - Wednesday, Jun 28, 23 @ 4:29 pm:

    Everyone on Twitter should follow Ms. Kollmann. I’m glad I found her there a few months ago.


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