Council Members, Advocates Call on Bloomberg to Listen to President Obama’s Appeal on Racial Profiling

Today, Council Members Jumaane Williams and Brad Lander and Communities United for Police Reform called on Mayor Bloomberg to acknowledge the national conversation and President Obama’s statement on racial profiling.

“The Community Safety Act stands for better policing and safer streets for every New Yorker, across every neighborhood,” said Council Member Jumaane D. Williams. “It supports the efforts of law enforcement to keep communities safe in a Constitutional and bias-free manner. This is the standard of policing that President Obama voted for as a state senator in Illinois, and it is the same standard that he called for all state and local governments to apply in his landmark speech on racial profiling last week. Running roughshod over certain people's civil liberties, based solely on characteristics like their race, religion or sexual orientation, burns the bridge between police and the communities they serve; that bridge is essential to our shared goal of rooting out violent crime and illegal behavior. During this critical national discussion on profiling, we have a greater duty than ever as legislators to keep every one of our constituents safe, which is exactly why we will stand firm in support of the Community Safety Act.”

They pointed to Obama’s comments acknowledging the issues of racial profiling in our country last Friday. In particular, they emphasized his reference to the Illinois racial profiling law that he helped support in 2003 as a state senator. In referencing the bill in his speech, Obama noted:

“Initially, the police departments across the state were resistant, but actually they came to recognize that if it was done in a fair, straightforward way, that it would allow them to do their jobs better and communities would have more confidence in them and in turn be more helpful in applying the law.”

“As President Obama made clear in his moving speech on Friday, legislators can help make sure police officers have the tools they need to keep our communities safe, without engaging in racial or other bias-based profiling,” said Council Member Brad Lander. “Intro 1080 -- like the Illinois Civil Rights Act of 2003 that then-State Senator Obama voted for -- will simply make sure New Yorkers aren't targeted for policing based on race, religion, or sexual orientation. In other words: it's not a crime to be who you are.  Whether or not Mayor Bloomberg listens, the City Council will make sure that's the law here in New York City as well.”     

Communities United for Police Reform also launched a petition today by music artist Talib Kweli calling for an end to racial profiling by police in NYC and support for the Council legislation to outlaw discriminatory profiling. In the petition email that went out to thousands of MoveOn.org members, Kweli pointed to the tragic killing of Trayvon Martin as an example of the “dangers of racial profiling.” It further stated that “Bloomberg just doesn’t seem to get it,” citing his opposition to the legislation to end racial profiling in New York City, “divisive and inaccurate statements” and “fearmongering.”

“While people across this nation are engaged in deep discussion about the dangers of racial profiling, Mayor Bloomberg continues to wage a fight against ending discriminatory profiling in New York City,” said Priscilla Gonzalez of Communities United for Police Reform. “It’s pretty simple: either you believe people should be treated differently simply because of their race, religion, sexual orientation or immigration status, or you find that repulsive and believe it should be outlawed. New York City must outlaw racial profiling and all discriminatory profiling, and we support the City Council taking leadership on this issue to move our city forward.”

In 2003 as a state senator, Barack Obama voted for House Bill 2330, known as the Illinois Civil Rights Act of 2003, which went into effect in 2004.  The law is one of the models for the New York City Council’s Intro 1080 to strengthen New York City’s prohibition on bias-based profiling.  Like Intro 1080, the Illinois law provides a private right of action in State Courts for those who experience discrimination by government agencies – including police departments – and allows individuals to bring “disparate impact” lawsuits.  The Illinois law also allows judges to award legal fees (allowed under NYCC Intro 1080); and it goes even further to allow monetary damages (which are not allowed in the NYCC Intro 1080).

The Illinois Civil Rights Act of 2003 has been in effect for a decade.  It is much broader than Intro 1080, since it covers the entire State of Illinois (including, but not only Chicago), and every unit of government (including, but not only, police departments).  There have been approximately 50 lawsuits annually. Of the 26 federal cases or state cases that reached the appellate level, 18 were dismissed for failing to bring a proper claim. Of the two disparate impact class action lawsuits, one was dismissed and one was settled. Kansas and Rhode Island have similar laws (more narrowly focused on law enforcement, like the NYC bill).

In the aftermath of the Trayvon Martin verdict, people throughout the nation have engaged in a substantive dialogue about racial profiling. Many people of color in New York City and around the United States have given eloquent testimony of the harms and dangers of racial and bias-based profiling. Meanwhile, Mayor Bloomberg has fought against a ban on discriminatory profiling in New York City by making destructive and deceptive statements, fearmongering, and threatening to use his wealth.

On Friday, the six prime co-sponsors of Intros 1079 & 1080, known together as the Community Safety Act, (Council members Jumaane Williams, Brad Lander, Fernando Cabrera, Robert Jackson, Melissa Mark-Viverito, and Rosie Mendez) sent a letter to Mayor Bloomberg, asking him to listen to testimony from New Yorkers affected by racial profiling before he decides whether to sign or veto the bills.  They wrote:

“Too often in debates like these, policymakers from some of the city’s wealthier and safer neighborhoods decide what is best for low-income communities and communities of color without actually listening to the members of those communities … When we listen to members of the public in open discourse on contentious issues like these, our city and our democracy are better served.”

The Bloomberg administration refused to hear testimony from New Yorkers affected by racial profiling.

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About Communities United for Police Reform

Communities United for Police Reform (CPR) is an unprecedented campaign to end discriminatory policing practices in New York, and to build a lasting movement that promotes public safety and policing practices based on cooperation and respect– not discriminatory targeting and harassment.

CPR brings together a movement of community members, lawyers, researchers and activists to work for change. The partners in this campaign come from all 5 boroughs, from all walks of life and represent many of those unfairly targeted the most by the NYPD. CPR is fighting for reforms that will promote community safety while ensuring that the NYPD protects and serves all New Yorkers.

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