Racial Profiling Law Could Have Helped Cops End Biased Policing

Today Governor Scott Walker signed a bill to repeal a law designed to help police managers identify biased policing. The law had only just gone into effect and set up a system to collect and analyze data on the race and ethnicity of motorists when police officers initiate certain types of traffic stops or conduct searches of vehicles. 

The ACLU of Wisconsin asks, shouldn’t Wisconsin law enforcement agencies make it a priority to protect and serve all of the members of the public without bias, including motorists of color?

Governor Walker signed the repeal of the law that took effect January 1, 2011 and gave Wisconsin law enforcement managers a new tool to identify biased policing during traffic stops. The new law set up a system to collect traffic stop data and have the Office of Justice Assistance analyze it to determine if minority motorists were being stopped or searched disproportionately compared to non-minority motorists.

ACLU of Wisconsin's Executive Director Chris Ahmuty served on the Wisconsin Office of Justice Assistance advisory committee that helped design the traffic stop data collection system. This advisory committee was mostly composed of law enforcement professionals. It conducted listening sessions around the state where we heard compelling testimony from residents who felt they were victims of biased policing. The advisory committee also heard from many law enforcement professionals who had significant input into the creation of the system.

Most professional law enforcement leaders nationwide recognize the importance of identifying bias where it exists and addressing it. The Wisconsin legislators and Governor Walker repealed this law without giving it a chance.

While some small departments may have legitimate technical and financial issues in complying with the new law immediately, assertions regarding expense and labor costs are overblown. It is disturbing that opponents of addressing biased policing chose to repeal the law rather than attempt to make the system work. Their haste calls into question their commitment to solving the problem of racial profiling and bias among law enforcement officers in our state.

The ACLU of Wisconsin will work with law enforcement officials, community leaders, racial justice advocates and any residents of Wisconsin to identify workable solutions to the problem of racial profiling. In response to the repeal of the traffic stop data collection law, the ACLU of Wisconsin will begin an effort to collect the stories from individuals who have experienced biased policing.

ACLU of WI Urges WI Senate to Reject Hasty Move to Repeal Racial Profiling Data Collection Law

The American Civil Liberties Union of Wisconsin is dismayed legislators are seeking to repeal a new tool for police managers seeking to identify and address possible racial profiling in officer initiated traffic stops. Today the Senate Committee on Transportation and Elections voted to send SB-15 to the full Senate for a vote to repeal our state's new traffic stop data collection system.

On January 1, 2011 most law enforcement agencies across Wisconsin began collecting data from traffic stops and searches which includes the actual or perceived race or ethnicity of the motorists they stop. The intention of the new traffic stop data collection system is to make it possible determine if a law enforcement agency or one of its units is disproportionately stopping minority motorists. If so, the agencies' leaders would be able to investigate and determine the degree to which the disparity may be the result of biased policing.

At the public hearing on the bill to repeal traffic stop data collection, it was clear there was a lot of confusion about the new system. The ACLU of Wisconsin testified at the bill's public hearing on February 16, 2011 urging legislators to address problems with implementation rather than denying that biased policing can happen here. Very small agencies may not have the computer capacity to automatically load most of the data requested at the time of a traffic stop -- however -- that is no reason to scuttle a useful and manageable way to address a real problem for law enforcement all across our state.

To give up on a data collection system, that like most other data systems, is bound to have glitches during startup, suggests that opponents of data collection do not take bias in policing seriously. Wisconsin residents from across Wisconsin during a series of listening sessions in late 2009 told of their well-founded concerns. Wisconsin law enforcement officials, community leaders, and national experts were involved in the development of the new system for the Wisconsin Office of Justice Assistance. If the Senate votes to repeal traffic stop data collection, it will send the wrong message. Rather than being problem solvers, they will be moving against the mainstream of law enforcement professionals nationwide who are committed to eliminating bias in policing.

Información Sobre La Legislación de Inmigración Propuesta de Wisconsin

En Espanol!
Información sobre la legislación de inmigración propuesta de Wisconsin Rep. Pridemore.


Razones para oponerse a la legislación (en Ingles) y advertencias del recorrido para Arizona durante el 4 de Julio (en Ingles).

Top Ten Reasons To Oppose an Arizona-Style Immigration Law in Wisconsin

We've been saying that "what happens in Arizona, stops in Arizona." That state's show-us-your-papers racial profiling law inspired boycotts by travelers and athletes and has come at a huge cost to taxpayers in court.

But in Wisconsin, Representative Don Pridemore has drafted a version of Arizona's law for our state. The ACLU of Wisconsin is concerned that an Arizona-style state immigration enforcement bill will lead to racial profiling, illegal or mistaken detentions, and waste taxpayers' money - especially if an unconstitutional law sails unchecked through the state legislature.

Here are the top ten reasons why the ACLU of Wisconsin says an Arizona-style immigration law would be bad for Wisconsin. The bill will:

1). ...lead to racial profiling - This bill will force police to detain individuals when the officer believes there is reasonable suspicion that an individual is here illegally. But what constitutes reasonable suspicion? Their ethnicity, accent, economic status?

2). ...cause illegal or mistaken detention - How will this bill protect non-criminals who won't be carrying around or have timely access to documents proving their legal presence? When a police officer stops someone with "reasonable suspicion," what separates a citizen who is a University student who doesn't have his wallet and proof of citizenship from an exchange student who doesn't have his wallet? Again, racial profiling will be likely?

3). ...be a wasteful expense to taxpayers - Detention costs will rarely be recovered and will never be recovered from individuals found innocent. There will also be those who are detained, but would have been released earlier otherwise. Defending lawsuits from individuals who have been illegally detained will also cost counties and the state.

4). ...distract professional law enforcement from actual crime - Our police officers already have enough to do without taking off time from fighting crime to learn how to indentify those without proper documents and enforce federal immigration law. Also arrests and booking are long enough processes without going through additional steps to document reasonable suspicion to the satisfaction of supervisors and courts.

5). ...strain relations with federal authorities - Is there any reason to believe that ICE would take custody of or at least take notice of these suspects, including those who are legally present but just can't prove it within two days? Will this impact the head count in local jails? And why should federal authorities allow Wisconsin to interfere with federal enforcement responsibilities, especially when the federal Department of Justice has sued Arizona for doing so?

6). ...pre-empt local control in Madison - It is inconsistent to say that the state of Wisconsin can enforce its own immigration laws while at the same time denying the City of Madison its own stance on immigration. We need meaningful, federal immigration reform now.

7). ...harm Wisconsin businesses, including agribusiness - While Rep.
Pridemore's proposal doesn't currently include Arizona-type penalties on business, it will hurt businesses nevertheless when legal residents and citizens get sick of racial profiling and employment discrimination.

8). ...be an affront to Wisconsin citizens - It goes without saying that this proposal is offensive to honest, taxpaying people, particularly the Latino citizens of Wisconsin. Racial profiling is a big enough problem for people of color in Wisconsin.

9). ...create a climate of intolerance in our state - At a time when we are trying to improve our state's economy, Wisconsin needs to lay out the welcome mat for businesses, workers and students.

10). ...open the possibility of a costly lawsuit - The racially motivated Arizona bill will likely cost the taxpayers around a million dollars in court costs. Can Wisconsin afford to pass an unconstitutional bill?

Sidenote: Change.org also has a top-ten list on why this would be a bad law. The proposal also had media coverage in the Milwaukee Journal Sentinel, UW Daily Cardinal and Badger Herald, and the ACLU of WI was quoted on the issue in the Capitol Times. The Milwaukee Journal Sentinel also published a strong criticism of the proposal.

ACLU of Wisconsin Issues Travel Advisory for State of Arizona

The American Civil Liberties Union of Wisconsin alerts Wisconsin residents to potential threats to the constitutional rights and civil liberties of individuals planning to travel or stay in Arizona. This is especially important for those traveling during the holiday weekend.

Get your bust card:
The ACLU has prepared an informational card for the public entitled, “What to Do if You’re Stopped by Police, Immigration Agents or the FBI.” While the card provides information that applies throughout the United States in any encounter with law enforcement officials, individuals are particularly advised to download and read this card before traveling to Arizona. A copy is available here (en Español).

Key information that applies to all individuals considering travel through Arizona includes the following:

• If you travel through the state of Arizona and encounter law enforcement officers, remember that all persons within the boundaries of the United States, regardless of immigration status, are protected by the U.S. Constitution.


• Racial and ethnic profiling is illegal. An officer cannot stop you because of physical features or English ability. The officer must be able to articulate a reason for a “lawful stop or detention.”


• If you are stopped for questioning:
  
  Stay calm. Don’t run. Don’t argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them. If you are driving a car, stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
  
  Ask if you are free to leave. If the officer says yes, you have the right to calmly and silently walk away. If you are under arrest, you have a right to know why.
  
  You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. However, under state law in Arizona and some other states, you must give your name if asked to identify yourself. If you are the driver of a vehicle, upon request, show police your driver’s license, registration, and proof of insurance. Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently in the car or calmly leave. Even if the officer says no, you have the right to remain silent.
  
  You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect your rights later in court. If you are the driver of a vehicle and an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.


• If you are questioned about your immigration status:
  
  You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
  
  If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
  
  Do not lie about your citizenship status or provide fake documents.


• If you feel your rights have been violated, write down everything you can remember, including officers’ badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.


• Residents of Hawai’i, New Mexico, and Washington should be aware that, because the driver’s licenses of their states do not require proof of legal residence for issuance, they may not satisfy Arizona criteria for identification under the new Arizona racial profiling law.

Wisconsin residents who are subjected to racial or ethnic profiling or other rights violations are encouraged to report these concerns to the ACLU of Wisconsin at (414) 272-4032 x 23.

More on the Arizona racial profiling law:
On April 23, 2010, Arizona enacted a state racial profiling law, SB 1070, that has generated fear and confusion among the public about the treatment and rights of Americans in the State of Arizona. Although the law is not scheduled to go into effect until July 29, 2010, and multiple lawsuits have already been filed to prevent it from taking effect at all, a history of rampant racial profiling by law enforcement officials in Maricopa County, Arizona (which includes the cities of Phoenix, Glendale, Mesa, and Scottsdale) and a stated policy of “attrition through enforcement” adopted by lawmakers in the state give credible reason to be concerned even before the date SB 1070 is supposed to go into effect.

The law will require police officers to demand papers proving U.S. citizenship or immigration status from any individual whom they stop, detain, or arrest, based on an undefined “reasonable suspicion” that the individual is in the country unlawfully. It invites discrimination against and pretextual stops and arrests of Latinos, other racial minorities, and individuals believed to look or sound “foreign,” based on their race, ethnicity, or national origin.

The law expressly provides that even suspected infractions of city or town ordinances – such as jaywalking, excessive noise, or having an overgrown or untidy lawn – can and should lead to immigration questioning. If individuals are unable to prove to the police officer that they are permitted to be in the United States, they may be subject to warrantless arrest without any probable cause that they have committed a crime.

Since 2007, the Maricopa County Sheriff’s Office (MCSO) has systematically engaged in selective enforcement of minor traffic laws to target Latino motorists for stops and investigation of their U.S. citizenship or immigration status. The U.S. Department of Justice has initiated an investigation into the practices of the MCSO, and there are at least two pending civil rights lawsuits challenging this activity in the federal courts.

The increased risk that individuals and motorists will be stopped, questioned, detained, and arrested because of their race, ethnicity, or national origin makes it imperative that individuals understand their rights when encountering law enforcement authorities in Arizona.

ACLU of WI Supports the Proposed City Resolution on Immigration and Local Law Enforcement

The ACLU of Wisconsin Madison Area Office sent a letter today to the members of the Madison Common Council urging them to support a resolution on the topic of local law enforcement, racial profiling and immigration. This is what we wrote:

"The ACLU of Wisconsin urges the City of Madison Common Council to vote in favor of a resolution affirming Madison’s current sensible approach to enforcement of flawed federal immigration laws and opposing discriminatory policing practices and proposals. Local law enforcement practices that involve racial profiling result in bad policing, overstep the authority of local governments, and ultimately make our communities less safe.

"This important resolution reaffirms existing Madison police policies which oppose racial profiling. In addition, the ACLU of Wisconsin also supports the call by the resolution sponsors for the Dane County Sheriff’s Department to end its current practice of reporting persons who are arrested – but not convicted of crimes - to the federal Immigration and Customs Enforcement agency (ICE).

"Around the country, the ACLU has actively challenged racial profiling. The most recent, extreme example of such a biased law – against which the ACLU has filed suit - is the recently-passed Arizona legislation allowing police officers to demand citizenship papers based on a so-called “reasonable suspicion” that a person is undocumented. This law clearly violates the Equal Protection clause of the U.S. constitution: it is inevitable that “reasonable suspicion” will disproportionately impact persons of color and non-native English speakers, U.S. citizens, lawful residents and suspected undocumented persons alike. By interfering with the federal government’s sole authority to regulate immigration, the Arizona law also violates the U.S. Constitution’s Supremacy Clause.

"Good community-based policing is essential for effective law enforcement to protect public safety. Local police rely on community residents to provide the information they need to fight crime. Immigration enforcement and racial profiling by local police undermine community policing efforts and add to the loss of trust by large sectors of the community it is obligated to serve and protect. In communities where people are afraid to talk to local police, more crimes go unreported, fewer witnesses come forth, and people are less likely to report suspicious activity.

The ACLU of Wisconsin therefore urges the Madison Common Council to protect everyone in the community and pass resolution 18594."

Read more about the issue in this article from the Capitol Times. The Madison common council will vote on the resolution tonight (Tuesday, June 1) at 6:30 p.m. in room 201 of the City-County building.

Take Action: Support the ACLU's Lawsuit Against the Arizona Racial Profiling Law

A lot of people are outraged about Arizona's new racial profiling, "show me your papers" law. And today, the American Civil Liberties Union is taking action.

Just a few hours ago, the national ACLU went to federal court to block this discriminatory law from taking effect.

You can add your name to our list of supporters today. To help you show your public support for reversing this law, we'll send you a free "What Happens in Arizona, STOPS In Arizona" bumper sticker.

Racial profiling is a deeply-offensive affront to the American values of justice and fairness. And using race to demand that people produce "papers" to prove who they are is a police-state tactic that is completely unacceptable in America. If we don't stop this law now, similar ones could spread across the nation. Already, state lawmakers in at least 10 other states have promised to bring similar bills to their legislatures.

We need to first stop this law in Arizona and then continue to work to prevent such bills from ever passing in Wisconsin.

That's why the national ACLU is taking Arizona to court, along with our partners the Mexican-American Legal Defense and Educational Fund, the National Immigration Law Center, and a number of other civil rights groups.

Under the new law, Arizona police will be required to ask people they stop for their citizenship papers based on "reasonable suspicion" that they are in the country unlawfully. And by leaving "reasonable suspicion" undefined, the law leaves police officers little choice but to act on appearance and language, inviting a new wave of rampant racial profiling. Find out more about the facts on the new Arizona law on-line.

Today, our lawyers took the first legal step to stop this law. You can read a copy of our complaint on-line. And we'll be organizing on the ground in Arizona, training volunteer lawyers to help people defend themselves against racial profiling. We won't stand by while this law transforms Arizona into a place where anyone can be forced to "show papers" when they are stopped by police just because of how they look or talk or dress.

Racial profiling is unconstitutional, unacceptable and un-American. But, we'll only stop extremism and injustice by acting together to end them.

We need you on board. Can we count you in?

For justice,
Anthony D. Romero
Executive Director
ACLU

Remember - we can't do it without your help!
Don't forget to support the ACLU in our work to fight racial profiling in Arizona, in Wisconsin and across the country.

Racial Profiling and Hip-Hop the Subject of Madison ACLU Student Alliance Event

On Thursday, April 29th, 2010, the ACLU Student Alliance sponsored an event called "Stand Up for Hip-Hop" at the Red Gym on the UW-Madison campus.


As a part of Hip-Hop As a Movement Week, the event brought attention to racial profiling in the Madison community, individual rights with law enforcement, and featured live performances from student DJs, MCs and slam poets.


J Dante was the event's host and introduced the ACLU of Wisconsin before describing for the crowd the meaning of hip-hop profiling.


"So what exactly does 'hip-hop profiling' mean you might be asking? Let me read for you a list of newspaper headlines in Madison since 2008," said Dante. "'King St. Club on Hot Seat,' 'Profiling Charged After Event Canceled,' 'MPD vs. Clubs, Hip-Hop,' 'Brink Lounge Bans Hip-Hop Shows,' 'Should Majestic Drop the DJ?'

"Local beat writer Katjusa Cisar described it as 'tension that has been building up in Madison for years.' Just type "hip-hop" and "venue" into Madison.com's search engine, set the time limit at the past ten years and hundreds of stories pop up. At the Madison Hip-Hop Forum in 2009 which looked to address many of these issues, a promoter complained about the police canceling her party at the last minute and without evidence. 'It feels like we're always being targeted,' she said.

"Things need to change in Madison. And unfortunately not much has changed since that 2009 forum. Police still watch our every move and venue owners are still just as reluctant to embrace hip-hop music," J Dante said. (Dane 101 readers might have caught The Pub's sight against hip-hop in the last ALRC rundown)

The ACLU has been involved in issues around racial profiling for years all around the country. Back in 2003, the concept of "hip-hop profiling" came to a peak in Florida, where the ACLU called for an investigation of the surveillance of rap artists who were the subject of police scrutiny for alleged associations with gang members. Anti-racist activists demanded that police start with reasonable suspicion rather than employment as a rap artists before profiling individuals.

In Wisconsin, in addition to tension around the hip-hop scene in Madison, racial profiling is being debated once again in the news and around the state. When the legislature passed its biennial budget, a provision that allows police officers to do primary seat belt enforcement (pull people over for a seat belt check) along with requiring the collection of data such as the race of the person pulled over was signed into law. Since then, the ACLU of Wisconsin and our supporters have been at public hearings for the Office of Justice Assistance to give feedback on how the data collection would work and why it would be helpful in addressing racial profiling.


What is essential for everyone in the United States and for anyone who comes in contact with law enforcement is a basic understanding of individual rights. Criminal defense attorney and ACLU of Wisconsin board president Erik Guenther talked to the group about what to do if they encounter police and what to do if they feel they were the subject of profiling at hip-hop shows or on the street. Students got a chance to ask questions about police and the criminal justice system and to share their stories about what they felt was unfair treatment or discriminatory scrutiny by law enforcement.


After the Q&A, the performers got to take over. Music was provided by DJ Dyme.


Phonetic One got the group fired up, supported by J Dante.


Polygon n Flaka Flows shared some social rhymes.


And Stereotype ended the night with a bang along with J Dante.


For more information about racial profiling issues in the Madison area, contact the local ACLU office at 6084695540. For more information on how UW-Madison students can join the ACLU Student Alliance at UW, email the group or find them on Facebook.

Racial Profiling Hearings: Monday/Madison and Wednesday/Milwaukee, Share Your Story

RACIAL PROFILING PUBLIC HEARINGS

MADISON: Mon. APRIL 26, 4-7 pm
Madison Area Technical College, 3550 Anderson Street
Room 142 C (Student Lounge)

MILWAUKEE: Wed. APRIL 28, 4-7 pm
University of Wisconsin – Milwaukee, 2419 East Kenwood Boulevard
Room 250, Zelazo Center

Written Comments May be Submitted Until April 30 (details below)

Have you or someone you know ever been stopped, questioned, detained, or arrested for being the wrong race/color in the wrong place/neighborhood at the wrong time? Share your experiences and help create progressive rules for racial profiling data collection!

Effective January 1, 2011, all Wisconsin police officers must collect data to determine whether vehicles operated or occupied by racial minorities are stopped more often than those operated or occupied by non-minorities. A new administrative rule will determine what data is collected and how it is analyzed.

Some in our state think that racial profiling doesn't exist. If you disagree, this is your opportunity to raise awareness and share your thoughts and experiences about this issue - and about what kinds of data and information law enforcement needs to collect.

COME TO A HEARING AND MAKE YOUR VOICE HEARD!

Important points to remember about about racial profiling in Wisconsin:

• Tell your story of experiencing racial profiling at the hearing and to members of your community.

• Ask legislators for data collection on whether stopped drivers don't speak English, and if they are asked whether or not a driver lives in the community where they were stopped (known as a "race out of place" stop).

• Data and reports should be broken down to include subparts of all major cities - not just Milwaukee

• All departments must be required to submit reports promptly - not wait years until they are on the "BadgerTracs" data system.

• Raw data - from the Office of Justice Assistance, Department of Transportation and local departments - must be subject to open records laws.

• The system must be set up to allow an increasingly sophisticated analysis as technology improves.

Written comments will be accepted through the close of business April 30th. Send written comments via e-mail to OJATSDC@wi.gov or by post to: Office of Justice Assistance, Attn: Dennis Schuh, 1 S. Pinckney St, Suite 615, Madison, WI 53703

Racial Profiling and Knowing Your Rights Continues King's Debate on Justice

The ACLU of Wisconsin celebrated Martin Luther King Day with a very successful Know Your Rights/Racial Profiling workshop in Racine. The workshop was part of Voces de la Frontera’s Martin Luther King Day Celebration at the Memorial Hall.

About 60 people of all ages learned from ACLU of Wisconsin staff and volunteers how to flex their rights and spot racial profiling. Importantly, attendees also learned how to take action if they are a victim or a witness of police discrimination. The workshop focused on how to handle police encounters such as being stopped on the street or in a car. Many of the participants are now eager to pass the knowledge of their rights onto the rest of their community.

We also debuted our new Know Your Rights bust cards - part of a initiative to make region-specific bust cards listing local community organizations that can assist with law enforcement concerns.

Other speakers helped to put current issues of racial profiling into context. Attendees were focused as Geraldine White, affiliated with the Racine Branch of the NAACP, spoke about her years with the civil rights organization, ths Southern Christian Leadership Conference (SCLC), and some of the life-changing events that she witnessed there with Ralph Abernathy and Dr. Martin Luther King, Jr.

Maggie Piery, longtime ACLU of Wisconsin volunteer and a student at UW-Parkside, shared her experiences speaking to law enforcement and community at the Office of Justice Assistance Traffic Stop Data - Racial Profiling listening sessions last month.

Contact us if you'd like to host a Know Your Rights/Racial Profiling workshop.




- Submitted by ACLU of Wisconsin intern, Sharon Cross

Beloit Racial Profiling Listening Session Canceled Due to Weather

Have you been racially profiled? Want to give feedback to the justice system about your experience? The public is invited to share their comments with the Traffic Stop Data Collection Advisory Committee on a rule being developed to assess the possibility of racial profiling in Wisconsin traffic stops.

*** Please note! The Beloit listening session has been canceled due to the bad winter weather. Stay tuned for the re-scheduled dates or follow us on Twitter at ACLUMadison and ACLUofWisconsin.

For more information on the Office of Justice Assistance listening sessions, visit their website.

The ACLU of Wisconsin has been involved in the listening sessions by sending staff, ACLU members and people who are concerned with racial profiling. Read more about the ACLU of Wisconsin’s reactions in the listening sessions at the ACLUofWisconsin Twitter page.

Listening sessions have been held in Racine/Kenosha; Keshena; Superior; Rice Lake; Crandon; Milwaukee; Green Bay and La Crosse

Background:
The public expects fair treatment and equal protection for all Wisconsin’s citizens under our justice system. The presence of disparities—actual or perceived—is a serious concern. The effectiveness of Wisconsin’s justice system depends on the public’s respect and confidence in the integrity of the judicial process.

In the past decade, two gubernatorial bodies have examined racial profiling and racial disparities in Wisconsin’s criminal justice system. Both groups recommended collection of racial data when a traffic stop is made as one means to determine the extent to which people of different races receive different treatment by law enforcement. Statewide traffic stop data will inform the community about the presence or absence of disproportionate contact with racial minorities during traffic stops, and help identify opportunities for potential changes in public policy and training.

Effective January 1, 2011, all Wisconsin police officers are required to collect data that will be used to determine whether vehicles operated or occupied by racial minorities are disproportionately stopped. The data collected, collection method, and analysis will be determined by a new administrative rule. The Office of Justice Assistance (OJA), a state agency, is preparing the rule with the assistance of the Advisory Committee.

Supporting materials:
Scope statement: http://oja.wi.gov/docview.asp?docid=18277

Statutory and non-statutory language on traffic stop data collection: http://oja.wi.gov/docview.asp?docid=18276

Comparison of recent traffic stop data collection in MI, IA, IL, and MI: http://oja.wi.gov/docview.asp?docid=18321

Traffic stop data collection advisory committee: http://oja.wi.gov/docview.asp?docid=18275

Written comments for listening sessions will be accepted by the Office of Justice Assistance until December 11, 2009. Comments can be sent to: Office of Justice Assistance, 1 South Pinckney St., Suite 615, Madison, WI 53703-3220

Feingold’s End Racial Profiling Act: Says Baltimore NAACP “Race Not a Proxy for Criminality.”

Check out this op-ed in the Baltimore Sun on the End Racial Profiling Act (ERPA) that will be reintroduced by Wisconsin’s Senator Russ Feingold and Michigan House member Rep. John Conyers. This op-ed breaks down why racial profiling impacts us all: “race should not be a proxy for criminality.”

DNA Collection Expansion Too Costly, Too Invasive, and Too Distracting

On October 9, 2009, the American Civil Liberties Union of Wisconsin urged state lawmakers to oppose legislation that would expand profiles in the state DNA data bank to include individuals merely arrested, not convicted, on a felony charge. State Senator Sheila Harsdorf (R-River Falls) and State Representative Ann Hraychuck (D-Balsam Lake) are co-sponsors of Senate Bill 336, which has been referred to the Senate Judiciary Committee.

"DNA technology has great ptential for addressing crime," said ACLU of Wisconsin Executive Director Chris Ahmuty, "but we must use it and any developing technology wisely. When police are looking for a needle in a haystack, we shouldn’t be adding more hay to the stack. But that's exactly what SB336 does by collecting and analyzing DNA samples from individuals who have not been convicted of a violent crime."

While it is clear that the Wisconsin State Crime Laboratories’ DNA data bank system needs better management, a dramatic expansion of DNA collection without adequate checks and balances and funding at a time when the State and its counties have serious funding problems is like throwing water on a drowning swimmer.

This proposal allows the state crime laboratories to maintain the DNA profiles of persons who are never charged for as long as a year. During that year the DNA profile is likely to be shared with the federal DNA data bank (CODIS) making it virtually impossible to remove it from state, federal and even international DNA data banks. DNA collection is an invasive search that jeopardizes the constitutional rights of Americans, if it is not done judiciously.

Expanding DNA collection to arrestees has undermined the use of DNA to solve crimes across the nation. In March, the Inspector General at the United State Department of Justice released an audit that found that state laws expanding DNA collection have led to significant delays in DNA analysis. Audits in Illinois and Michigan have similarly found massive backlogs due to increased DNA collection.

And in Milwaukee, recent media reports reveal that the Sheriff David Clarke’s own department failed to collect DNA samples from over 350 convicted felons this year at the County Correctional Facility – South.

Finally, expanding DNA collection will perpetuate, if not increase, the racial disparities that are acknowledged to exist in Wisconsin’s criminal justice system. When a disproportionate number of minorities are arrested, they will create unwarranted racial disparities in the DNA data bank, making them permanent suspects who need to be investigated, while white perpetrators may not even be in the data bank.

The ACLU of Wisconsin urges legislators to re-direct their efforts to improve the state’s DNA data bank system by mandating regular audits, improving the expungement process, and concentrating on eliminating existing backlogs. Legislators should not adopt a more is always better approach when it undermines constitutional rights, without improving pubic safety in a fiscally responsible way.

To read more about this issue, see the article quoting the ACLU in the Leader-Telegram, the Wisconsin State Journal, and a critical opinion piece from a Milwaukee Journal Sentinel writer who makes the case that our criminal justice system cannot handle the DNA collection now, let alone collecting from the thousands of people who are arrested each year. There were also ACLU quotes in the Oshkosh Northwestern and an editorial from that paper that questions the reactionary bill. An editorial was also printed in the Milwaukee Journal Sentinel.

News roundup: fair housing victory, NIMBY on detainees, blogging on profiling and more

Here’s a quick wrap-up of some civil liberties related news of the week…

Fair Housing
The ACLU of Wisconsin won a court case against the city of South Milwaukee to prevent the razing of an apartment building that housed a large portion of the city’s minority population. More details to come.

Close Guantanamo
Last month, some legislators introduced a bill to reject any Gitmo detainees from being housed in Wisconsin jails. It’s a move that legislators are attempting across the country to stir debate about terrorism, even though we already have many convicted terrorists behind bars on US soil (remember the perps from the 1993 World Trade Center bombing? Oklahoma City fed building bombing? Even Sept. 11 conspirator Zacarias Moussaoui is in Colorado). But this week, the Obama Administration was talking about the complexity of dealing with the often-uncharged detainees and that they might try to build a courthouse/supermax combo in Michigan or Kansas.

If you haven’t already, tell President Obama to reject indefinite detention and close Guantanamo asap.

Census and Redistricting
Census folks have been out in neighborhoods to confirm addresses since the spring, but the big count won’t happen until 2010. One of the big questions will be around how the count of prisoners will be used in future redistricting of politicans’ turf. A timely op-ed from the NY Times describes why counting prisoners where they are incarcerated makes redistricting complicated and unbalanced. Our own Wisconsin state legislators will be talking about Assembly Joint Resolution 63 which would exclude the census’ prisoner count from redistricting plans. The hearing will be on September 3.

Voting Rights
Senator Russ Feingold helped to introduce legislation at the federal level to end discrimination in voting rights against people with felony convictions. This interesting article gives the perspective from the southern states and describes why this voting rights issue echoes the long history of both Jim Crow and the prison industrial complex.

Response to the Wisconsin Democracy Restoration bill has been good. A large coalition of organizations is behind it and to date we have only found two blog posts against it (one from Sen. Mary Lazich and another from the same folks who brought complaints about gay and lesbian books in the West Bend community library.

Speaking of voting, did you get a letter from the Government Accountability Board about your voter registration status? They are cleaning up their databases. See your city clerk to get your info updated.

Racial Profiling
Opinions are mixed about the new seat belt/racial data collection item the budget the Governor signed last month. The Wisconsin Department of Transportation cited the new law that would give police the power to pull drivers over for not wearing a seat belt as a reason for record-low traffic fatalities in July. However, the Milwaukee County Sheriff is blogging about how the racial profiling data collection is a tool of exploitation by “race hustlers” and that ACLU has nothing better to do than to sue police.

Sheriff Clarke might have missed the report and recommendations issued last year by the Office of Justice Assistance and the Governor’s Commission on Reducing Racial Disparities in the Wisconsin Justice System. The commission included police, corrections and housing experts, judges, lawyers, academics, community and faith leaders. The report strongly recommended that “throughout the state, we must increase and improve the validity and reliability of data, e.g. collecting and making data available,” and that “appropriate state agencies should be directed to conduct a county-by-county baseline study of racial disparity using existing traffic citation and arrest data to determine (racial) disparity levels in the state.” The report is supposed to be a blueprint for effectively addressing our disproportionate minority incarceration rate in our state.

The reality is that racial profiling is one slice of the pie that makes Wisconsin one of the worst states for putting people of color behind bars. Anyone could suggest that a Governor's commission and an OJA report is politically motivated. But disproportionate minority contact by law enforcement is a systemic problem. A systemic problem is bigger than a few racist cops. A systemic problem is bigger than one sheriff who feels politically targeted. And a systemic problem needs a systemic analysis. Buckle up drivers!

Gay and Lesbian Rights
The domestic partner registry began this week. In Dane County, 50 couples registered on the first day. County clerks had geared up for lines of couples waiting to register. While the Cap Times article says that applying for the registry has the same process as getting a marriage license, both the state Legislative Council and the ACLU of Wisconsin said that the registry does not equate marriage.

But organizations like the “Wisconsin Family Action” are still insisting that the domestic partnership provisions are “marriage-like” and have filed a complaint with the Wisconsin Supreme Court. The ACLU of Wisconsin has committed to fighting a legal challenge to domestic partnerships in the state.

ACLU of WI Reaches Out to Muslims in Milwaukee, Youth Organizers in Stevens Point

ACLU of Wisconsin Youth and Program Director Emilio De Torre reports from some of our recent educational efforts across the state...

Saturday June 13: Milwaukee Islamic Da'wa Center
The Da'wa center hosted the ACLU of Wisconsin along with Assistant US Attorney Richard Frohling and FBI Agent Margaret Thill for an information session on racial profiling, religious liberty and stereotyping.

"The lively open discussion challenged both community and guests to address the many issues that affect the diversity of Muslims, immigrants and black people in our post-911 communities and airports," said De Torre. "One of the many questions that came up regarded the consequences of government actions on American Muslims' exercise of their beliefs."

The ACLU has been working on educational efforts to raise the American public's greater awareness of anti-Arab and anti-Muslim discrimination. Three days after De Torre spoke at the Islamic Da'wa in Milwaukee, the ACLU issued a report, "Blocking Faith, Freezing Charity" on the impact of restrictions of Muslims' exercise of their right to practice their faith through charitable giving. The ACLU created this video on the subject:


"By the end of our discussion at the Da'wa, I think most of the participants realized that more education and outreach was needed to dispel lies and stereotypes about Muslims in particular," said De Torre. "Hopefully, this will be the first of many open community events at the Da'wa Center to educate the public on their civil liberties."

In 2006, the ACLU compiled a summary of all of the post-9/11 problems with discrimination, racial profiling and detention they were taking to the courts.


Tuesday, June 9th: Stevens Point 2009 Wisconsin State Prevention Conference
Sassy and sexy Stevens Point was the home for the 2009 Wisconsin State Prevention Conference, and ACLU of Wisconsin staff Emilio De Torre and Jason Hargis, along with interns Maggie Piery and Jeanette Martin facilitated an exciting three-hour workshop on Youth Organizing and Outreach.

“We were invited to present this workshop because of our many successes in messaging and using theatre, technology and social media to effectively organize young people around civil liberties and civil rights,” said De Torre.

“There were many people in attendance who shared their enthusiasm and desire to experiment with new methods of organizing in addition to continuing the tried and true ‘face to face' relationship-building organizing philosophy," he said.

Want us to facilitate a workshop at your conference? Give us a tweet. Or find our more about our youth programs on our website.

Racial profiling in WI: will seat belt enforcement help or hurt the problem?

Americans agree that sometimes police use racial, ethnic or religious stereotypes as a factor in selecting which motor vehicle drivers to stop and search. It's called racial profiling and it is a practice that shouldn't be a part of law enforcement. The trouble is it's hard to get a hold of the scope of the problem if it isn't well-defined and tracked.

The American Civil Liberties Union of Wisconsin wants law enforcement agencies to determine the extent of unlawful racial profiling and to stop it. But the Governor's proposed budget includes a double-edged sword: funds for primary seat belt enforcement along with a data tracking requirement. In response to these budget provisions, the ACLU of Wisconsin sent a letter with our concerns to Representative Jason Fields (D-Milwaukee) and the co-chairs of the Joint Committee on Finance.

We are urging legislators, “to strengthen the proposed budget’s racial profiling section, and to evaluate (and potentially sunset) its primary seat belt enforcement section.”

“These two budget provisions are related because one will track the problem of racial profiling while the other allows primary seat belt enforcement that could exacerbate the problem of racial profiling,” said ACLU of Wisconsin’s executive director, Chris Ahmuty.

“We are suggesting that Wisconsin go ahead with a trial of primary seat belt enforcement, but sunset it if analysis of the collected data determines that primary seat belt enforcement is a source of unlawful stops and searches based in part on racial profiling,” Ahmuty said. “Ever since the Governor Tommy Thompson created the Governor’s Task on Racial Profiling in 1999, we have been waiting for action. Ten years is long enough to wait.”

Harold and Kumar ACLU Shout-Out!

Planning on seeing the new film, Harold and Kumar 2: Escape from Guantanamo Bay? The movie has a comedic take on an issue that the ACLU is very concerned about. There is even a shout-out to the ACLU's work on racial profiling:



The ACLU has been working hard to raise awareness about post-9/11 abuses of power, including how the Bush administration has gutted Habeas Corpus, sponsored torture and detained hundreds of people at Guantanamo Bay without trial. Find out more about these issues at the ACLU Close Guantanamo website.

The Village Voice also ran a good article about recent films that feature Iraq War themes, including the H&K teen raunch romp.

The ACLU recognizes that when civil liberties are addressed on screen, so too, are they addressed over dinner, at school, or on the phone with friends. We believe that democracy is best served when individuals engage each other in dialogue and debate. While “Harold & Kumar” seeks primarily to entertain the public, the ACLU aims to educate the public. If the film facilitates discussions amongst young audiences about racial profiling, torture and detention, then we view it as an asset to our work and to the greater public discourse about some of our most fundamental freedoms.

Take action to close Guantanamo today!