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A Change Has to Come
By Keith Mitchell, Esq
“A riot is the language of the unheard.” - A quote from Martin
Luther King, Jr.
African-Americans have been unheard since the beginning of
these United States. On Monday, May 25, 2020, George Floyd
was murdered by members of the Minneapolis police. This
action has sparked protests and riots in the United States
and all over the world.
Eight minutes and 46 seconds—that is the amount of time that
Officer Derek Chauvin had his knee on the neck of George
Floyd. Despite Floyd’s pleas, that he could not breathe,
Officer Chauvin and two other officers held Floyd on the
ground, with Chauvin on his neck, J. Alexander Kueng on his
torso, and Thomas Lane on his legs. Officer Tou Thao
watched the other officer’s actions and kept by-standers
from getting involved. Floyd was not resisting arrest, he
was handcuffed and lying on the ground in the street being
restrained by these officers.
The allegation was that Floyd used a counterfeit $20.00 bill
to purchase cigarettes which was not a violent crime. No
one reported that he had a weapon, nor were there any
reports of assaultive behavior. Video shows that Floyd was
not acting violently. Why not just arrest him and take him
to jail?
George Floyd’s murder is the catalyst for the recent
protests. However, there have been many other wrongful
actions by law enforcement and the majority community, where
African-Americans have been treated unjustly or wrongfully
beaten and/or killed. I remember the video of the brutality
used against Rodney King, in Southern California in 1991—and
later the acquittal of the officers involved. It was
horrific to watch.
I recall a discussion I had with my daughter’s maternal
great grandfather, Leon Randall. He told me, as a soldier
in the United States Army, while he was guarding German
prisoners in Oklahoma during World War II, their bus had
stopped for food. The German prisoners were allowed to
enter the café through the front door, but he had to go to
the backdoor and eat outside.
My grandfather, born in Cartersville, Georgia, was sent to
live in Los Angeles in the early 1900’s with his brothers
because of an allegation that a white woman had been
assaulted. They were lynching black people at that time,
and my great grandmother was not going to take a chance on
her boys being hanged.
Emmett Till, a 14 year old boy in 1955, was beaten and
killed by white men reportedly after flirting with a white
woman. This allegation was later recanted by the alleged
victim. This event continues to resonate in the
African-American community. Most recently, Breonna Taylor,
a black woman and emergency medical technician in
Louisville, Kentucky was shot dead in her home by the police
as she slept. They were searching for a suspect who was
reportedly already in custody. Ahmaud Arbery, a 25 year old
black man was chased and killed by armed white residents in
a South Georgia neighborhood while he was jogging.
Christian Cooper, a black man in New York’s Central Park,
while bird watching, had a 911 call on him and he was
accused of attacking a white woman. Luckily, when the
police arrived, both Mr. Cooper and his alleged accuser had
left the park. This type of false accusation is what caused
lynchings and now police brutality.
Law Professor Jelani Exum, in a TEDx talk, states that there
are between 300 and 400 police killings each year in the
United States. She refers to these killings as “the death
penalty on the street.” These “death penalty on the street”
acts are cruel and unusual punishment and must stop.
Not to mention the many other atrocities experienced by
black people—the disproportionate number of deaths from
COVID-19; the disproportionate incarceration rates in the
United States; a president who has no sense of empathy or
compassion for the plight of people of color; the poor
education in inner city schools; the number of people that
go to bed hungry at night; those who must choose between
buying food or medication; and people having to work two and
three jobs just to make ends meet—AND THE LIST GOES ON .
. .
There are plenty of reasons for the protests, anger and
rage exhibited by the people in the streets. A CHANGE
HAS TO COME! Law enforcement officers can no longer
mistreat African-Americans, or anyone else, as they have in
the past. They must be held accountable for their actions.
Further, vigilante behaviors must be stopped and prosecuted
to the fullest extent of the law.
Declaring racism to be a public health crises in Ohio is a
step in the right direction, but it is not enough. What are
some concrete and reasonable actions that can be taken by
our elected officials to require law enforcement to treat
everyone with respect and dignity?
The protesters have now got the attention of our elected
officials and community leaders. It is now up to
legislators and voters, CEO’s and middle managers and others
to propose and initiate substantive laws, ordinances and
policies to prevent wrongful actions in the future. Our
federal, state and local elected officials must act to
ensure that law enforcement officers abide by the spirit and
letter of the law.
A timetable of action must be established and initiated so
that we are not here six months from now making similar
demands. Here are 12 practical ideas that can and should be
implemented. This list is by no means exhaustive:
1.
Establish a national, statewide and local Police Misconduct
Registry. If a law enforcement officer has been found to
have violated the law or departmental policies, those
incidents should be kept, cataloged, and made available to
the public.
2.
Institute a residency requirement requiring officers to live
in the jurisdiction in which they serve. Toledo Police must
live in the City of Toledo, Lucas County Sheriffs must live
in Lucas County. Officers are less likely to abuse their
discretion if they live where they work.
3.
There should be intensive psychological and mental health
evaluations prior to being hired by a law enforcement
agency. If someone exhibits a propensity to be violent or
has a “holier than thou” outlook, perhaps they should not be
given a badge and gun to enforce the law.
4.
There should be periodic mental health assessments of all
law enforcement officers throughout their career. Officers,
like others in first responder positions, see and experience
actions of others that are sometimes outrageous. These
incidents can result in trauma and can cause some to
overreact over time.
5.
A thorough review of the collective bargaining agreements of
rank and file officers and the command officers should be
conducted to ensure that nothing is contained therein to
protect officers who have been engaged in wrongful acts.
6.
The civil immunity laws applied to law enforcement officers
must be re-evaluated, and when an officer has acted outside
of the scope of their authority, they should be liable for
their actions.
7.
An effective Civilian Police Review Board must be
established, with the authority to act when necessary, to
recommend reprimands or other punishment for wrongdoing
officers.
8.
ALL officers, must be required to wear a body camera and to
keep it on when they are interacting with the public. Body
cameras illuminate the actions of private citizens and law
enforcement for later police and public scrutiny.
9.
ALL officers, must routinely be trained in “de-escalation”
courses and utilize these techniques. Officers are often
able to verbally de-escalate individuals in crisis and avoid
physical confrontations which make for improved safety all
around.
10.
Hire African-Americans and other people of color from the
community and promote them within the law enforcement ranks.
11.
Establish a national standard and policy for use of force.
It is essential for all law enforcement departments to have
a comprehensive use of force policy to aid officers making
split-second, life-or-death decisions in dangerous
situations.
12.
Re-direct funding for law enforcement agencies. We must
stop using criminal “justice” policies as social policy.
Restorative justice practices and similar actions must be
used to create a new paradigm for public safety and
policing.
African Americans are only demanding to be treated equally.
A missing light over a rear license plate or a broken tail
light does not need to result in an arrest—give the person a
ticket and see them in court. Other minor traffic and
criminal offenses should be treated similarly.
All people of good will are tired of nothing changing.
America is speaking, it’s time to act. There are
specific actions we can take now to make a difference.
History and our national honor demand we do what is
necessary to make fundamental and substantial change.
Protesting, rioting and looting got your attention, now
let’s get busy with the real change.
“Racism isn’t getting worse. It’s getting filmed.” - A
quote from actor Will Smith
Keith L. Mitchell is a local attorney who has practiced law
here in Lucas County for more than 30 years.
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