Tuesday, August 13, 2013

NYPD Stop And Frisk Policy Ruled Unconstitutional By Federal Judge

US District Court Judge Shira A. Scheindlin ruled yesterday in Floyd v. City of New York that NYPD’s controversial stop and frisk tactics were an unconstitutional violation of the rights of people of color in New York City.  

Judge Scheindlin went on to find that top New York police officials have ignored the practice and treated racial profiling as “a myth created by the media,” ordered the NYPD discontinue it, and called for a federal monitor to supervise related reforms.

Duh!  We could have told you without a law degree that Stop and Frisk was unconstitutional.   Trans and gender variant New Yorkers can tell you along with other non-white New Yorkers racial profiling is most definitely isn't a myth especially since it happens to them far too often. 

85 percent of those stopped and frisked are Black or Latino. Among all people stopped and frisked, only 1 out of 10 of the stops results in an arrest or summons.

The Rev. Al Sharpton, center, walks with demonstrators June 17, 2012, during a silent march to end the "stop-and-frisk" program in New York. (Seth Wenig/AP)While Mayor Michael Bloomberg and NYPD Police Commissioner Raymond Kelly predictably hated on the ruling, New York's non-white population, the TBLG community (that is disproportionately targeted by and resent the tactics) and human rights advocacy groups hailed it.

Judge Scheindlin's (appointed by President Clinton in 1994) ruling in the Floyd case comes on the heels of the New York City Council passing and Mayor Michael Bloomberg vetoing the Community Safety Act, bills that would prohibit profiling based on race, sexual orientation, gender identity and other identities, and would have establish an Inspector General to oversee the NYPD’s practices.

As I've said more than a few times on this blog, Black trans community issues are also Black community issues and vice versa.  

The odious NYPD Stop And Frisk policy is one of those issues in which the interests of the Black community as a whole and Black and Latin@ trans people are symbiotically aligned in wanting a deleterious policy ended as quickly as possible because it also affects our trans sector of it.

Under Stop and Frisk, Latina and Black trans women were selected by NYPD for search under the  suspicion they were sex workers and harassed in many cases.  If officers found more than one condom during the search, they were arrested for solicitation.

The city of New York says it will appeal the ruling, but they would be wise to just cut their losses and come up with a common sense based policing strategy that doesn't involve jacking up and searching non-white New Yorkers just to make white New Yorkers feel safe.

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