Tennessee rep calls Memphis preemption bill worse than “overreach”

By Sam Stockard

Governor signs measure turning back city ordinance despite speaking with mother of slain motorist

A Memphis state representative is calling a preemption bill signed into law by the governor more than a case of “overreach” as it turns back efforts to stop “pretextual” traffic stops such as those that led to the 2023 death of motorist Tyre Nichols.

“The majority once again is more concerned with being patriarchal and telling us poor folks in Memphis and Shelby County how to live and taking the authority that’s been vested by the voters and really making it moot,” Democratic state Rep. G.A. Hardaway said Monday. 

The Republican-controlled General Assembly passed legislation this year prohibiting a Memphis City Council ban on “pretextual” stops, including those for a bad tail light. Only stops for “primary” offenses were to be allowed.

The Legislature’s move came after Nichols’ parents, RowVaughn and Rodney Wells, worked with Memphis officials to end stereotyping that can turn into violent incidents. 

Nichols died in January 2023 after being pulled over for reckless driving, then was beaten by police officers. The death led to local requests for a federal investigation of Memphis police policies. 

The majority once again is more concerned with being patriarchal and telling us poor folks in Memphis and Shelby County how to live and taking the authority that’s been vested by the voters and really making it moot.

– Rep. G.A. Hardaway, D-Memphis

Gov. Bill Lee said last week he spoke with Mrs. Wells during this year’s session as she lobbied against the bill. He noted he appreciated her ability to express her views passionately without being disrespectful and even found her approach “inspirational.”

Yet he signed the bill she opposed anyway, pointing out he disagreed with her views on the legislation.

Five police officers were charged in connection with Nichols’ death, and one pleaded guilty in November 2023 to federal and state charges.

A U.S. Department of Justice investigation into Memphis Police practices continues, according to Hardaway, who sought the federal probe of police policy after helping lead a local group that put together police statistics.

The Wells family could not be reached for comment on the governor’s decision to sign the bill into law. But during the 2023 session, Mrs. Wells said she felt police were “harassing the Black citizens of Memphis.” Her husband contended police are “discriminating” against people of color, and, as a result, “too many parents are going through what we’re going through — senselessly.”

The legislation reversing Memphis’ traffic stop ordinance was sponsored by Republican Sen. Brent Taylor of Memphis and Republican Rep. John Gillespie of Memphis.

 Rep. John Gillespie called for a vote on a measure limiting local officials’ ability to monitor police traffic stops. (Photo: John Partipilo)

Gillespie also spoke with the Wells family during this year’s session but moved ahead with his bill when they weren’t present and said those who oppose state traffic laws should change them instead of “enacting local ordinances that are in conflict with state law.” Gillespie came under criticism for bringing the bill up for a House vote several days after the Wells family visited the State Capitol to lobby against the measure.

Taylor also was adamantly opposed to the Memphis ordinance and backed several law-and-order measures in hopes of curbing crime in urban Shelby County.

Hardaway argues that most Shelby County residents supported the local ordinance and added he is “suspicious” that the bill’s passage had more to do with political contributions than good law enforcement policy.

He was unaware the governor had spoken with the Wells family but said, “They’re very gracious in the way they accommodate individuals who think like they think and those who don’t. They know that there’s a certain level of sensitivity that some people are gonna express but it won’t be followed up by any real serious work to prevent the circumstances that caused Tyre Nichols’ death.”

Local research presented to the U.S. Department of Justice verified there was enough evidence to show patterns of discriminatory police work, Hardaway said. He was uncertain when the federal report would be finished.

This article originally appeared in the Tennessee Lookout on May 24th, 2024.

  

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Michigan State Police releases independent report on racial bias, ACLU calls it ‘concerning’

BY: KEN COLEMAN 

The Michigan State Police (MSP) has released an independent report centered on the issue of whether it has carried out racially discriminatory policing practices.

In a news release, MSP said that “racial disparities observed in the traffic enforcement activities of Michigan State Police troopers do not appear to be the result of widespread discriminatory policing practices.” 

The American Civil Liberties Union (ACLU) of Michigan has argued that African Americans have been stopped disproportionately by state troopers. The group pushed for the external review.

The 18-month independent evaluation report conducted by the CNA Corp. was released in December. It came after MSP announced in January 2022 a five-point plan to address racial disparities in its traffic stops. 

“As a law enforcement agency, we are committed to fair and equitable policing,” stated Col. James Grady, MSP director, who is African American. “Although previous research conducted by the School of Criminal Justice at Michigan State University has identified the presence of racial and ethnic disparities in MSP traffic stops, the reasons for such disparities remain unknown.

“Discriminatory behavior is not an acceptable practice within this agency and anyone engaging in it will be addressed through training, discipline or termination, dependent on the circumstances of the incident. Today, as always, we reaffirm our commitment to the highest standards of anti-discrimination education and training and always look to serve Michigan to the best of our ability.” 

To assess the department’s traffic enforcement policies and programs, CNA studied document reviews, targeted interviews, focus groups, ride-alongs and quantitative data analysis. MSP commissioned as part of its five-point plan announced in January 2022 to address racial disparities in its traffic stops. 

Mark Fancher, staff attorney for the Racial Justice Project of the ACLU of Michigan, told the Advance that MSP has some “cultural, systemic features of the agency that lead to discriminatory outcomes.” 

“We find the conclusions very concerning, if not alarming,” he said. 

However, Fancher did point out the ACLU was “pleased” that MSP agreed to have the independent review carried out. 

“The report validates many of the conclusions that we reached on our own, and identifies some specific problems that make it possible for MSP to try and address them in an effective way,” Fancher added. 

The report includes 54 findings and associated recommendations. Among them emphasize policies and programs that require greater attention and improvement.

Key findings of the independent evaluation: 

• MSP has a defined, comprehensive hiring process for applicants. 
• MSP has consistently emphasized a written commitment to recruiting a diverse workforce in its strategic plans and recruiting strategy, but the department can improve on its followthrough and accountability for such commitments. 
• As part of recruit training, MSP provides eight hours of implicit bias training, six hours of ethics training, and 15 hours of a cultural diversity speaker series. 
• Disparities exist in graduation and attrition rates by demographics. 
• MSP has made tangible efforts to institute recruiting and hiring practices that reduce barriers to applying for the trooper position.
• MSP has several policies that provide guidance to troopers to ensure constitutional and bias-free policing. 
• MSP’s policies on traffic enforcement do not sufficiently recognize the community being served nor provide sufficient guidance on the use of discretion. 
• MSP has recently delivered two trainings on bias and policing, one that was not well received and a more recent one that was well received. 
• MSP does not provide sufficient training on the use of discretion, particularly with the concept of “going beyond the stop.” 
• Supervisors do not sufficiently manage where and how troopers patrol, leading to disproportionate “congregation in high-population areas with greater minority populations.” 
• MSP now takes a more systematic approach to provide training and address identified gaps. 

On Friday, MSP issued a statement that the “employee-led African American Employee Resource Group (AAERG), one of the department’s commitments to diversity” that has been highlighted in a new video series celebrating Black History Month.

“Being part of and leading the AAERG is a source of gratitude for me,” said Sgt. DiJon Ware, AAERG co-chair. “It not only instills a sense of belonging but also nurtures inclusivity, fosters a supportive community and encourages diverse perspectives, thereby enriching the workplace culture. Over the past year, we’ve educated both our members and allies about African American culture and we’ve proactively forged connections within our communities through various outreach events across the state.”

This article originally appeared in Michigan Advance on February 21st, 2021. 

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