Fighting Back Against “Driving While Black”

by Eunice Timoney Ravenna

The League of Women Voters and the American Civil Liberty Union sponsored “Driving While Black” Forum, held on January 31. The Forum was highly attended (over 300) by a diverse crowd of concerned citizens. The heavily loaded panel consisted of Dr. David Harris of the University of Toledo, Rep. Peter Lawson Jones of District 11, Cincinnati Police Chief Tom Streicher, Sentinel Police President Cecil Thomas, Cincinnati Fraternal Order of Police President Keith Fangman, Defense Attorney Ken Lawson, Pamela Sears of the Hamilton County Prosecutors Office, and Former Congressman Tom Luken.

Driving While Black, DWB, walking down the street while black, going shopping at the mall while black, seeing a movie while black, traveling through an airport while black,---in the words of attorney Ken Lawson---can become a denial of one’s dignity (and rights) when encountered by a police officer who engages in racial profiling.

How is it that one’s outward appearance demands such attention from law enforcement? One need not look too far to find root causes and complicity in this area. The police are not unique in such profiling; indeed, the media and society at large encourage and continue to foster such ill behavior.

Oh, no, not me!

Oh, yes, maybe!

How? Racism raises its ugly head throughout all of our day to day activities. Racism in America has become a political giant in criminology and in our penal system. While privileged white America looks the other way (and perhaps benefits from) corporate and government white collar crime-when it comes to street crime, the privileged white mind has become unnaturally preoccupied, almost obsessed, and the privileged white finger too often points to the poor and people of color to blame. For too long, white America has scapegoated the ‘other’, be it Black, Latino, etc.

Such hype-nonsense becomes the war chest of rising political figures. Consider please the Rockefellar laws of the 70’s, the re-institution of the death penalty, and the rhetoric of safer street campaigns. Although 80% of cocaine use and sales are found in the white suburban middle class America and 13% found in the black community, 37% of drug arrests are of blacks and 55% of drug convictions are of blacks. (Source: Thomas). This is merely a cyclical result of a self-fulfilling prophecy of law enforcement followed by judges who tend to believe cops over Black citizens. (Source: Lawson and Harris)

“DWB” is one germ of this epidemic. By definition DWB refers to the use of a traffic offense as a pretext to stop people of color far out of proportion than the number on the road. (Source: Harris). DWB is not a perception, a myth or a game; it is a statistically supported fact. In counties studied throughout Ohio, Blacks are 2-3x more likely to be ticketed than any other group. Typically the tickets issued are for violations that would not have caused a stop without the racial profiling. For example, statistics show that a driver typically violates traffic code once in a three-block duration. Therefore, if an officer begins to follow you westbound on Liberty and Sycamore, by the time you get to Race, you (anyone) would have violated traffic code and given sufficient cause for a stop---if the officer really wants to stop you---if you fit the profile. After the stop, the “pretext”, officers often question the driver beyond elements of the traffic stop, i.e. “Do you have drugs in this car?” Such routines cause Black drivers to put little faith in police protection, and the judicial system. (Source: Jones)

Before such activity became ordinary procedure, citizens were protected under the 4^th Amendment- “The right of people to be secure…against unreasonable search and seizure and shall not be violated…but upon probable cause.” Under the fourth Amendment, if a driver would not have been stopped due to the traffic violation (ie seatbelt) and defense could prove pretext, then charges would be thrown out. Today, according to attorney Ken Lawson, victims of DWB find no remedy in the 4^th Amendment.

Racial profiling procedures common in our nation are an abuse of citizens’ civil rights and accordingly need to be stopped. Rep. Peter Lawson Jones has issues a first step with HB 363. This bill would require officers to record the number of stops, tickets, and arrests with the following data: race, age, gender, and if a search was done. This statistical data can be used as facts for the doubters, as a remedy for the victim, and as a tool of monitoring/sanctioning for departments.

Concerned? Too much work for the cops, too much money for the compilation, too much…too much nothing! HB 363 would add approximately 30 seconds to each traffic stop (Source: Harris). According to Chief Streicher, if the citizens of Ohio want such follow up and HB 363 becomes law, he would insure that the police department would comply, because he considers this point in Cincinnati history as a time of real turn around for the relationship between the Black community and the police department.

A recent “Cincinnati Enquirer” article reported Cecil Thomas’ interest in beginning the recording in the Cincinnati area now, as a proactive measure. Charles Winburn, chair of the Law and Public Safety Committee, feels it is wise to wait for legislation before beginning such study.

Your voice on this issue counts. If you have been a victim of DWB or if you are concerned, consider voicing your concern to those deciding the future of this bill. OTR residents are represented by Catherine Barrett (a bill co-sponsor) 614-466-1645 and State Senator Mark Mallory (who attended the forum) 614-466-5980. The bill sponsor is Peter Lawson Jones 614-466-5441. The bill is currently in the Transportation and Public Safety Committee under the direction of chair-Sam Bateman 614-466-8134 and vice-chair Pat Clancy 614-466-9091. The Speaker of the House is Jo Ann Davidson 614-466-4847 and the Senate President is Dick Finan 614-466-9737. Ohio’s Governor Bob Taft can be reached at 614-466-3555.