Judge lets NYPD resume stop-and-frisks

 
Rev. Al Sharpton, center, walks with thousands along Fifth Avenue, during a silent march to end the "stop-and-frisk" program in New York. The New York City Council Public Safety Committee will hear proposals to impose new requirements for police “stop-and-frisk" encounters, a strategy of detaining and sometimes searching anyone officers deem suspicious, but critics argue the practice is discriminatory and unfairly targets minorities. [AP Photo/Seth Wenig, File)

Rev. Al Sharpton, center, walks with thousands along Fifth Avenue, during a silent march to end the "stop-and-frisk" program in New York. The New York City Council Public Safety Committee will hear proposals to impose new requirements for police “stop-and-frisk" encounters, a strategy of detaining and sometimes searching anyone officers deem suspicious, but critics argue the practice is discriminatory and unfairly targets minorities. (AP Photo/Seth Wenig, File)

 

NEW YORK (AP) — A federal judge let the New York Police Department on Tuesday temporarily resume stop-and-frisk stops she believes are unconstitutional while she decides what permanent remedies are necessary to prevent illegal stops at thousands of privately owned buildings.

U.S. District Judge Shira Scheindlin in Manhattan lifted immediate implementation of the order she issued earlier this month concerning a program aimed at decreasing city crime.

The judge earlier this month found that the city acted unconstitutionally in making trespass stops without reasonable suspicion at more than 3,000 Bronx buildings participating in the program, a finding that the city is challenging in a federal appeals court. Scheindlin said the need for the appeal will be mooted by her order lifting the ban.

Scheindlin said she believes her original ruling was correct when she found police sometimes stopped people who were merely entering or exiting buildings and not acting suspicious, but the city had shown it would be expensive to immediately implement an order that could be reversed in a complicated area of law.

“There is more than enough proof that a large number of people have been improperly stopped as a result of NYPD practices. These facts warrant an injunction,” she wrote Tuesday.

However, she noted that “any unnecessary administrative costs imposed on the NYPD will be in some sense irreversible,” boosting the possibility of irreparable harm to the department.

A trial in March is set to decide the fate of a lawsuit more broadly challenging the city’s stop-and-frisk practices. That lawsuit, filed in 2008, challenges whether minorities are stopped at an unconstitutionally disproportionate rate, and whether there is a failure to monitor, supervise, and discipline officers who fail to meet the NYPD’s stop-and-frisk reporting guidelines. The judge refused a request by the city to delay that trial.

Scheindlin acknowledged that letting the current practices persist in the Bronx might allow more illegal stops by police.

“On the other hand, allowing a longstanding unconstitutional practice to persist for a few months while the parties present arguments regarding the appropriate scope of a remedy is quite distinct from allowing such a practice to persist until the completion of trial,” she said.

Heidi Grossman, a city attorney on the case, said the city believes Scheindlin acted correctly with her order Tuesday.

Alexis Karteron, a senior staff attorney with the New York Civil Liberties Union, said nothing about Scheindlin’s order undermines her earlier ruling.

“We’re looking forward to holding the NYPD accountable,” she said.

Lawyers for the plaintiffs have criticized the program, saying it lets police conduct regular floor-by-floor sweeps and engage in particularly aggressive stop, question, frisk and arrest practices. The city has said that police act lawfully in a program that has successfully reduced crime in high-crime areas.

Copyright 2013 The Associated Press.

 

 

 

 

 

 

 

 

"I'm just trying to make a way out of no way, for my people" -Modejeska Monteith Simpkins

 

AFRICAN AMERICA IS AT WAR

THERE IS A RACE WAR ON AFRICAN AMERICA

THERE IS A RACE WAR ON AFRICAN AMERICANS

THERE IS A RACE WAR ON BLACK PEOPLE IN AMERICA

AMERICA'S RACISTS HAVE INFILTRATED AMERICAN POLICE FORCES TO WAGE A RACE WAR AGAINST BLACK PEOPLE IN AMERICA

THE BLACK RACE IS AT WAR

FIRST WORLD WAR:  THE APPROXIMATELY 6,000 YEAR WORLD WAR ON AFRICA AND THE BLACK RACE

Original Post

  I have a question  How come there is NO demonstrations in OUR community to STOP black on black crime?  Why are leaders like Sharpton and Jackson soooooooo bold with po po but scared to face JEROME?  I grow tired of these men picking and choosing what they will protest while our children continue to commit self-genocide.  And this topic is not different or irrelevant to the above article.  I'm just TIRED of seeing these men march for what it appears to me publicity purposes only,  Which causes me to wonder how they raised their kids.  But!  Just sayin 

But, Sharpton has marched against Black on Black crime, plenty of times. And there are people protesting, marching, and having candlelight vigils in Black communities across this nation, but, they do not get any press, at least any beyond the local new station.  Of course there is not enough and many often do not have a turn-out of thousands of people.  Sharpton is getting old and he's been sick, and I'm sure that he now has to pick his battles.  So, my disappointment lies within the countless African Americans that are influential, who are not old and sick; our many politicians that want and cannot get elected without the Black vote, the countless entertainers and athletes, those who claim to be civil rights activists.  The same Civil Rights Leaders that marched with Martin Luther King, Jr., cannot carry the torch forever.  

 

There honestly should be a "Million-Man March" against Black-on-Black crime.  There should be hundreds and thousands of Black people marching through crime-ridden African American communities at this very minute.  

 

But, I think the decades of saturating the Black community with drugs, guns and substandard schools has caused the waters to become so murky where Black on Black violence is concerned that now, every other person that wants to march through the streets in protest, also has relatives, sons and daughters, uncles and aunties and friends who are victims of violence and also some who are perpetrators of violence.

  I hear ya my sista.  And I agree with you that there are not enough protesting....but!  Sharpton is NOT that old. He is still breathing.  As a matter of fact he is a young man compared to elderly folks who risked their lives during the civil rights movement to make a change. 

 

You are probably right my sista there isn't adequate press coverage...but!  Sharpton, Jackson and others KNOW folks.  They have been around long enough to have a list of folks with influence, money and power.  To me it seems that they are PICKING AND CHOOSING what they wanna protest-I still stand by that.  However...it is a new day.  We have high technology and various ways to get the word out,  There is no need to always hit the pavement to ignite change.   The President's campaign in 2008 proved that.

 

And you are correct again....there should be a Million Man Save our People March against black on black crime....that's all I'm saying.  And the waters really shouldn't get murky[I like that murky water metaphor] in doing this  ...cuz really what are we living for if not for our FAMILIES and their future?  If those in the past were complex regarding the murkiness of slavery[whether or not they were 3/5 humans and not capable of behaving like humans in massa's eyes].....then we would be like those in the middle east begging to get out of the dark ages.  But!  The slaves here kept going and going and going and going until the rock of bondage broke into the pebbles of  freedom.  Today, this instant-I-want-it-now-culture has MADE blackfolks lazy.  We as black people know the power of the vote [that many of us died for]...that's how we now have a black president. To me, many are acting like zombies walking around unaware supposedly with full potential to make change....but! Won't cuz they are sleep walking through life.  Until there is something sensationalized and then they wake up and get all insulted and wanna demonstrate.  Well...I'm insulted cuz it doesn't take a rocket scientist to realized that we are as deep in the murky water as we were when we were slaves.  The only difference is:  we can vote and have civil rights.  But really....what are we doing with it?  And really I don't expect the same civil rights leader to continue to carry the torch...I just expect them to pass it.  But!  The question is....pass it to whom?  But!

"Stop and Frisk":

 

It is unconstitutional, period.

 

It is a violation of a person's Civil Rights.

 

It is Racial Profiling.

 

It is Police Intimidation.


It is Abuse of Authority.


It is Abuse of Power.


It is Abuse of Process.


It is jim-crow Tactics.

 

It is Molestation.

 

It is a form of Rape.

“I have a question...How come there is NO demonstrations in OUR community to STOP black on black crime?  Why are leaders like Sharpton and Jackson soooooooo bold with po po but scared to face JEROME?  I grow tired of these men picking and choosing what they will protest while our children continue to commit self-genocide.”


Excellent question! I have yet to her an intelligent response or answer to this particular type of question. Negroes rant and rave about the killing of a black person by a white person yet the wholesale slaughter of black on black victims goes mute? It makes no sense. The number of violent crimes committed against blacks by whites is minuscule when compared to the everyday violence and murder of blacks by other blacks. To me, it does not matter who committed the crime but the unwarranted and unjustifiable demise of the victim should be paramount. Yet this parsing and deliberate selection of spurious outrage based on the perpetrators race seems to be the corner stone of whether Negroes will phane their indignation.

 

As far as Sharpton or Jackson is concerned, I see no need to bother with either. Why would you need Sharpton or Jackson to rubber stamp your grievance? Does their acknowledgment or participation authenticate your issue(s)? American Negroes cannot get past this messiah syndrome, the need to have an individual cosign their problems and present them. Power and effectiveness lies within a collective body and organization –not an individual. Negroes should take to the streets, media and other forms of communication to show their dissatisfaction and outrage at instances of injustice and senseless violence. This mindset for a so-called “leader” is nonsense. Jackson or Sharpton are not needed nor required for Negroes to collectively vent their frustration nor seek restitution for their aggrievement. Why they do not understand nor accept this is beyond me…..

Why is it that Black people, particularly African Americans, are the only people in America or the world for that matter, that are expected to allow any and every damn racist abuse from a society just because there are also some Black people that are violent or commit crimes or even murder against other Black people?

 

Does anyone think that Native Americans should never complain or protest or rally against any racism or racist abuse or police brutality just because there are also Native Americans that commit violence against other Native Americans?

 

Should the Japanese Americans have turned down the reparations monies they received because some Japanese Americans commit violence against other Japanese Americans or because some belong to Asian gangs older than this country?

 

I guess we should tell the Jews to stop running around ranting and raving about the Holocaust or discrimination against Jews since some Jews betrayed other Jews right before and during the Holocaust, and because there are Jewish people in America that have killed or wronged other Jewish people.

 

Then we need to tell women to stop whining about sexism and domestic violence since there are women in America that harm, fight and kill other women.

Sista Sunnubian wrote: 

 

Does anyone think that Native Americans should never complain or protest or rally against any racism or racist abuse or police brutality just because there are also Native Americans that commit violence against other Native Americans?

 

 No of course not.

 

Should the Japanese Americans have turned down the reparations monies they received because some Japanese Americans commit violence against other Japanese Americans or because some belong to Asian gangs older than this country?

 

No....of course not.  But to be fair in your above analogies, Native and Japanese Americans both had what Africans did not have. Self-identity as full human beings. That was socially stolen from Blacks. Even though the Japanese were considered yellow devils during WW2 and Native Americans were deemed savages by Europeans-still both groups had their cultural identity to fall back on and they fought to maintain it-and won! Both received repariations from America as a result. Despite the fact they that both fought against their own people  in certain times in history, this never distorted who they were as a people.  However as we know, we have YET to receive any repariations....and that could very be one of the many reasons why we continue to kill each other. Psychologically, many of us need to hear that slavery was wrong.  Otherwise, the self-worth value turns generationally into self-hate and self-hate evolves into self-genocide.  Evidence of that is highlighted in the 80s and 90s.

 

I guess we should tell the Jews to stop running around ranting and raving about the Holocaust or discrimination against Jews

 

No [that's their distraction]....we should tell the Jews to be honest about their hand in slavery [then and now] and stop lying about their monetary involvement.....that's first.

 

since some Jews betrayed other Jews right before and during the Holocaust,

 

Yes this true.

 

and because there are Jewish people in America that have killed or wronged other Jewish people.

 

Jews were one of the first mafia groups in America along with the Italians.

 

Then we need to tell women to stop whining about sexism and domestic violence since there are women in America that harm, fight and kill other women.

 

I understand what you are saying my sista. But! To me apples and oranges. Cuz laws had to put in place to give women rights against domestic violence FROM MEN i.e. husbands, fathers, etc. 

 

And as far as women killing other women I agree this is a growing trend. But not the norm in our history in terms of the brutal inhumane legacy of America.  This has been a new phemonena in the last 30-40 years or so.   But!

 

Originally Posted by Kocolicious:

Sista Sunnubian wrote: 

 

Does anyone think that Native Americans should never complain or protest or rally against any racism or racist abuse or police brutality just because there are also Native Americans that commit violence against other Native Americans?

 

 No of course not.

 

Should the Japanese Americans have turned down the reparations monies they received because some Japanese Americans commit violence against other Japanese Americans or because some belong to Asian gangs older than this country?

 

No....of course not.  But to be fair in your above analogies, Native and Japanese Americans both had what Africans did not have. Self-identity as full human beings. That was socially stolen from Blacks. Even though the Japanese were considered yellow devils during WW2 and Native Americans were deemed savages by Europeans-still both groups had their cultural identity to fall back on and they fought to maintain it-and won! Both received repariations from America as a result. Despite the fact they that both fought against their own people  in certain times in history, this never distorted who they were as a people.  However as we know, we have YET to receive any repariations....and that could very be one of the many reasons why we continue to kill each other. Psychologically, many of us need to hear that slavery was wrong.  Otherwise, the self-worth value turns generationally into self-hate and self-hate evolves into self-genocide.  Evidence of that is highlighted in the 80s and 90s.

 

I guess we should tell the Jews to stop running around ranting and raving about the Holocaust or discrimination against Jews

 

No [that's their distraction]....we should tell the Jews to be honest about their hand in slavery [then and now] and stop lying about their monetary involvement.....that's first.

 

since some Jews betrayed other Jews right before and during the Holocaust,

 

Yes this true.

 

and because there are Jewish people in America that have killed or wronged other Jewish people.

 

Jews were one of the first mafia groups in America along with the Italians.

 

Then we need to tell women to stop whining about sexism and domestic violence since there are women in America that harm, fight and kill other women.

 

I understand what you are saying my sista. But! To me apples and oranges. Cuz laws had to put in place to give women rights against domestic violence FROM MEN i.e. husbands, fathers, etc. 

 

And as far as women killing other women I agree this is a growing trend. But not the norm in our history in terms of the brutal inhumane legacy of America.  This has been a new phemonena in the last 30-40 years or so.   But!

 

 

Of course I agree with you Koco, but I'm just trying to convey that we, as a people, should not lay down and take racism and racial violence against us/Black people just because we have some in our community that commit crimes, even crimes as egregious as murder.  Now I personally believe, just as you had alluded to before, that African Americans should be just as up-in-arms over the violence (and drugs and sub-standard schools/education) in our community as we are about "stop and frisk".  

 

But, I do disagree regarding the Japanese/Asians and who was and was not considered full human beings, because, before the Civil Rights Movement, (not counting New York and California) Asians were also looked at as inferior and/or less than human by White Americans.  They were called monkeys and every manor of racial slur, and severely stereotyped, just like Black people were (children with downs syndrome being call Mongoloids . . .); now that times have changed, and America is financially beholden to China and America's corporations are making billions from Asian low wages, much of that is now conveniently and quietly swept under the rug, (by both Asians and White Americans), and/or is virtually (supposedly) 'forgotten'.

 

There is no non-White race on this planet that White racism did not consider 'less than human', or inferior to Whites, or that were not grossly negatively stereotyped by White racism at one time in history or another, particularly since European "expansion" across the world.  

  You're exactly right my sista.  I think we are saying the same thing but expressing it a tad differently.  I guess what I am attempting to say is the thing about being fully human beings from these groups is that they could directly point at who they are in terms of being able to say with clarity "this is where I derived from."  They were able to do that by bringing their culture and customs with them regardless of what massa said about them.  They had that proof when they cooked their meals and worshipped their Gods.  And they could point to Asia and say "I came from there with a language and a dynasty of my own."  We could not.  We could not point to "ni%%er land." And it was on record in America as law that we as black people were not considered fully humans.  Native and Asian Americans, in my view, just experienced the stereotype wrath of massa not the execution of identity. Unfortunately, Native Americans were literately wipe off the face of the earth because of this wrath yet the ones who survived still had their identity as humans.  

 

My sista.  Let me just say I'm not trying to sound harsh....[I think maybe I am so I apologize to you.  I am really having a bad week].  But yes you are absolutely correct that the Asians were treated terrible and many times massa associated them being mongoloid which meant at time the same as being mentally retarded i.e. down syndrome.  They even were accused them of bringing yellow fever, tyhus and all types of infestious diseases to America during their migration to work on the railroad.  But for me the real difference is they came to this country knowing fully their hertiage and stuck together through the thick and thin of massa's racism to finally win at the end.  We were never unified like that...except for a few poignant times in history.  But Native and Asian Americans hit the lottery because of their commitment to their culture and their self-identity.  We are still strugglin within the walls of our culture and yes we managed to set the stage for freedom and civil rights but we still haven't got where we should be and that's because of the self-betrayal of what we continue do to each other-this self-racism that is now plaguing our community currently. 

 

That's all I'm saying.  I mean look at how Jackson tried to undermine my President's campaign in 2008.  Talkin about needing his balls cut off.  Was that necessary?  And the mic heard it all so he couldn't lie about it.  Then when Obama won, Jackson had the NERVE to shed tears.  We got to stop this self-sabbotaging.  Even now there is bickering within the black caucus.  And we got a black president twice!!!  Come on now.  The black masses will only repeat what they see the black elite doing-it's called social modelling.  And to me that is why we are unable to gel the way we should and why the po po continues not to take us seriously as citizens of this country.  If immigrants can come to America and unite and make a power voice for themselves around their rights and they are not even CITIZENS, then we should be over the top powerful cuz we've been here since inception.  But are we as powerful?  Well...as powerful as the next beat down, murder and most times it is coming from our own people. 

 

Yes we should be up in arms regarding the stop and frisk issue.....but!  They were stopping and frisking blacks in the sixties-that's what the riots across the country were all about.  We should have eradicated that issue back then when we had this newfound political power from the civil right movements and received national/international attention.  But instead we accepted the circular behavior from the po po year after year after year.  Mainly because as a people we stopped being unified once a couple of laws were implemented, a couple of black faces were allowed in government and some black started making money and having fake status.  But! Nothing's really changed cuz for the most part we stopped demanding change.  We as a people ceased being the collective voice...a collective power- cuz some of us got paid to be voiceless...to sellout!  If not, there would have NEVER been black gangs, drugs and criminal behavior in our neighborhoods after the riots. 

 

But!  I totally agree with your assessment-everything you've said I'm in line with.  But I think we just see it kinda differently in terms of how we both are expressing it.  Again I apologize for sounding like a bitch....don't mean to be-you're my sistagirl!  My heart's been just a little heavy lately.   But!

"And it was on record in America as law that we as black people were not considered fully humans."


______________________________________________________________________


This is something that people continue to say that is not really true.  The "3/5 Compromise"  is where slave holding states were granted the right to count 3/5 of their slave population when apportioning the number of a state's representatives in Congress.  

 

It never mentioned anything about the humanity of Black people/the slaves.  It really was about taxes and how much each state would be taxed.

 

Racist people spread the propaganda that Black people where less than human and cherry-picked wording from the 3/5 Compromise to falsely claim Congress had enacted a "law" proclaiming such.  

Originally Posted by sunnubian:

"And it was on record in America as law that we as black people were not considered fully humans."


______________________________________________________________________


This is something that people continue to say that is not really true.  The "3/5 Compromise"  is where slave holding states were granted the right to count 3/5 of their slave population when apportioning the number of a state's representatives in Congress.  

 

It never mentioned anything about the humanity of Black people/the slaves.  It really was about taxes and how much each state would be taxed.

 

Racist people spread the propaganda that Black people where less than human and cherry-picked wording from the 3/5 Compromise to falsely claim Congress had enacted a "law" proclaiming such.  

You are technically correct about the 3/5 compromise, but there are numerous examples in state and federal laws, as well as judicial rulings that certainly communicate that blacks were not viewed as fully human. For example, look at the text of the Dred Scott decision of the Supreme Court:

 

"a negro of the African race was regarded by them as an article of property, and held, and bought and sold as such, in every one of the thirteen colonies which united in the Declaration of Independence and afterwards formed the Constitution of the United States."

 

"they [blacks] are not included, and were not intended to be included, under the word "citizens" in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them."

Well...I'm not referring to the taxes in the 3/5 Compromise.  In fact, I never mentioned this.  Sorry  ...I should have been more clearer.  I am specifically referring to the slave codes which were laws that estabished the status of slaves, denying them basic rights and classying them as the property i.e. chattel [not human] belonging to slaveowners.  And socially, the term 3/5 human in regards to slavery became a staple in the language for slavery in America...also the one-drop rule was too a part of the racist dynamic.  While the former gave slaveowners live and death control over their chattel, the latter was one of the teology proof of subhumanness and inferiority of Africans.  However, my main and only point is that "laws" were implemented [depended upon which state] to prevent Africans from obtaining human status which for white slave owners were their legal jusitification for slavery.     

All that history and stuff aside, what can we do to stop police harrassment in NYC. The major problem that I see with NYC is that they are very closely affiliated with federal law enforcement agencies such as the FBI and CIA and I suspect that they get hefty funding from the feds. I feel that because of this they get carte blanche to harass black people period.

Originally Posted by Yemaya:

All that history and stuff aside, what can we do to stop police harrassment in NYC. The major problem that I see with NYC is that they are very closely affiliated with federal law enforcement agencies such as the FBI and CIA and I suspect that they get hefty funding from the feds. I feel that because of this they get carte blanche to harass black people period.

 

Black people in New York, and the rest of America are going to have to work hard at changing laws that give police such authority in the first place, and at electing politicians that do nothing but sit in office and sign Bill after Bill/legislation after legislation that is deliberately discriminatory in the first place.  But, the most important thing would probably be making sure that there is a Police Commissioner that does not sanction such blatant racial profiling and harassment.  Where Black people are hurt at the most with making such a change is the fact that there should be Class-Action Lawsuits filed against entities like the NYPD, but there are no attorneys, [African American attorneys] willing to see something like that through.

  Take back our community.  Get to know your neighbors.  Teach our children to respect and honor each other.  Display dignity and intergity among black adults tightly.  Keep our neigbhorhood CLEAN and clear of clutter [I'm sure there are a lot of blackfolks unemployed and can use their free time to volunteer to improve the environment in which they live in(make war against the vermin and roach infestations that threatens our health].  Have and show PRIDE in who you are where you are.  Have town meeting twice a month-bring the kiddies among so they can see how issues are resolved peacefully.  Celebrate each milestone of community accomplishment by having block parties, social gatherings-make it a BIG deal. 

 

Keep informed of your immediate surroundings-how it transforms during the day and night and create a community task force to migitate conflict before it gets to the popo.  Give folks positions of community power [from adults to children] by giving them something to do positive in their community...create team players.   Know who the chief of police is.  Contact him and let him know you and your neighbors have designed a positive coaliation to help lower crime in an effort to keep folks in your community safe.  Become an ally with the chief [and his staff] and your councilman.  Special note:  there is a difference between being an ally and a snich[sp].  Dismantle the word "snich[sp]' and replace it with cooperation and courage. 

 

We have a right to live in peace...but!  We gotta eradicate this FEAR of each other.  That is something massa put in place during the sixties and it's been working every since!  And most importantly, we must be willing to DIE for positive change in our neighborhoods and willing to FACE any adversary with bravery and dedication to the cause by standing FIRM.  This means sniffing out black sabbotagers, troublemakers and criminals and exposing them to the community.  We must also reach out to social counselors, mental therapists, psychiatrics/psyhologists to work on WHY we as a people are so fragmented [by drugs, alcohol, destructive behavior] and have the willingness to do the WORK required to get on the other side of it-to heal from it.  Only then, can we  formulate true UNITY not only in NYC but across this country.  If not, this legacy of police brutality will continue.  But! 

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