
On Monday, July 12, a
New York judge put a halt to stop and frisk laws
which disproportionately discriminate against Blacks and Latinos.
While the law is not always perfect, the issues of liberty and justice
for all must co-exist with the right to fight crime. And in the New York
laws of stop and frisk, the liberty and justice for all got lost in the
process of stopping and frisking over 4 million persons with the vast
majority being black ( 53%) and well over 20% being Latino.
And the city’s argument failed before Judge
Shira A. Scheindlin of Federal District Court in Manhattan.
The case will not end stop and frisk which is legal when applied
legally and under the law. New York’s law failed in that regard. The
Court held that New York’s stop and frisk law violated the
constitutional rights of minorities. Judge Scheindlin in a 195 page
opinion, at times, scolded the police and senior management for failing
to even discuss at meetings the disparity in the application of the law
which affected approximately 80% of minorities among those who were
stopped.
The judge scathingly wrote that the Deputy Police Commissioner for
New York City looked with a blind eye at the application of the law
towards minorities. Judge Scheindlin concluded her opinion by stating
that the idea of universal suspicion is what American abhor and what
Black men in America must fight constantly. In a separate opinion, Judge
Scheindlin will order measures to change the practices, including a
monitor to oversee changes including cameras to be used by the police.
In an earlier post, I discussed how Stop and Frisk practices in New York affected black men.
In 2010, the
NYPD recorded over 600,000 stops with 84% of them being black or Latino.
And
the argument of reducing the crime rate while harassing and targeting
innocent persons does not hold water or statistics. Today Judge
Scheindlin did not address the issue of reducing crime but only the
unconstitutionality of the statute.
The statistics do not really get to the heart of the real problem.
They
don’t tell the whole story. The problem is how young blacks and Latinos
routinely feel humiliated, degraded and embarrassed at times for doing
daily everyday tasks like coming out of their homes, walking in their
neighborhood, going to work,
going to church, the gym, visiting family and friends and God forbid standing in groups of two or more.
And Judge Scheindlin did address the effect of these unconstitutional
laws on black men who she says must universally face unreasonable stops
by police and be subjected to frisks, humiliation and embarrassment. READ MORE