* I don’t think I even knew this law existed, and hadn’t considered that it could be used as a pretext to pull someone over. Interesting…

Democrat candidate for Secretary of State Alexi Giannoulias and State Rep. LaShawn Ford want to repeal an existing state law, which prohibits hanging items from a vehicle’s rear view mirror that often serve as a pretext for racially motivated traffic stops.

Illinois is one of just a handful of states that ban items from hanging from a vehicle’s rear view mirror or affixed to a windshield on the grounds that they obstruct a motorist’s vision. The current law allows police to stop motorists for minor vehicle code offenses, but in many cases those encounters can lead to verbal or physical confrontations with deadly consequences.

“Amending the current law will result in greater equity on the road and improve relationships between police and community by eliminating discriminatory traffic stops,” said Giannoulias, the former State Treasurer. “Pulling someone over for merely having an air freshener attached to their rear view mirror is not only archaic, it’s ridiculous. Prohibiting traffic stops that encourage discriminatory practices will ultimately make our streets safer for drivers and police officers.”

Representative Ford (D-8) has spearheaded changes in the law and is working with Giannoulias to sponsor legislation in the General Assembly’s spring session that would amend the Illinois Vehicle Code to abolish the air freshener law.

“We need to do everything we can to reduce the need for police interactions with people for non-violent and non-threatening violations,” Ford said. “There is no reason for police to pull over a vehicle just because they have an air freshener on their mirror or for many other minor infractions. Making this change in the law is too important to wait because it’s a safety issue for both the public and law enforcement. Law enforcement is overworked and understaffed. Springfield must use taxpayers’ resources wisely to catch the violent criminals that make all our communities less safe by repealing laws like the air freshener ban.”

Records show that police pull over a disproportionate number of drivers of color for minor traffic violations and result in motorists being unfairly stopped and searched for Driving While Black. Figures released by the state last summer show Black drivers and pedestrians in Illinois are close to three times more likely than whites to be stopped by police.

As part of his campaign, Giannoulias is also working with Representative Ford in seeking to push additional legislation that would curtail the use of pretextual stops for other low-level infractions that have disproportionately targeted Black and Latino motorists.

Other states and municipalities are taking similar action. In October, the Philadelphia City Council passed the Driving Equality Bill with the support of local law enforcement. The new ordinance classifies several offenses — including improperly displayed registration or emission stickers — as “secondary violations” that police cannot use as the sole reason for pulling over motorists. Violators of these infractions would still receive citations, but tickets would be mailed to the driver’s residence instead.

Chicagoan Daunte Wright was killed earlier this year in Minnesota after a police officer mistook her gun for a taser after pulling Wright over for having an air freshener hanging from the rearview mirror of his vehicle. Former Illinois resident Sandra Bland in Texas and Walter Scott in South Carolina each died following encounters with police involving pretextual stops.

Giannoulias and Representative Ford made clear that these efforts would not prohibit law enforcement officers from making legitimate public safety stops, especially in cases of reasonable suspicion or if the driver is suspected in criminal activity.

* There are those who want to end the use of police for traffic stops altogether…

On a hot June evening in Berkeley, California, last year, while his groceries sweated on the couch, 24-year-old Darrell Owens sent a tweet that changed his city.

“Traffic enforcement needs to be totally removed from the police …” it began.

Just a few weeks earlier, Owens had watched George Floyd being murdered in an intersection and had joined in the protests. The Berkeley city council had since promised police reform. But Owens, who, at 6 foot 6, is known by one city-council member as the “youngest, tallest, and only Black” regular attendee of transportation-commission meetings, had been stewing on a more specific idea. His Twitter thread laid out his argument for transforming law enforcement by transforming city streets: “I prefer license plate cameras … and mailed tickets over: ‘ok make sure nobody does anything that justifies this cop pumping 4 rounds of lead into me.’”

To his surprise, the city responded. A council member retweeted his thread. A month later, the city council passed “BerkDOT,” a first-in-the-nation measure to shift traffic enforcement to unarmed Department of Transportation workers.

In the summer of 2020, cities across America made similar commitments: to curtail the use of force, shrink police budgets, and fund fleets of civilian officers. But Berkeley was the first to target the traffic cop. By doing so, it is rethinking police power at its root.

Traffic stops are by far the most common reason that police officers initiate contact with members of the public; they account for 84 percent of encounters, according to data from the Bureau of Justice Statistics. In fact, before cars, ordinary citizens rarely came in contact with law enforcement. As we rebuilt cities around the automobile, historians contend, drivers came to expect to be policed. And communities of color have paid the highest price.

In Berkeley, Black drivers are six times as likely to be stopped as white drivers, and four times as likely to be searched. Stops for minor infractions––a broken taillight, speeding––are also more likely to turn deadly for Black and brown drivers, as the deaths of Philando Castile, Sandra Bland, and Daunte Wright illustrated.

* Chicago Ald. Nick Sposato kinda let the cat out of the bag last month…

“When you get pulled over, anybody can get out of a ticket. All you have to do is cooperate with the police,” Sposato said. “White people just know how to talk their way out of a ticket. They just cooperate.”

Aside from the shady nature of the companies involved, that’s one reason so many people hate red light and speed cams. They can’t talk their way out of those tickets.

* Related…

* The data doesn’t lie: Traffic stops reveal age-old biases in Chicago policing: In Evanston this week, an advisory panel appointed by Mayor Daniel Biss proposed a prohibition on traffic stops based on equipment, license plate or registration violations, and an end to so-called “consent” searches—instead requiring a warrant or probable cause.