Re: S. 821, the Traffic Stops Statistics Studies Act
Dear Senator:
We, the undersigned representatives of national civil rights and religious organizations, are writing to express our deep concern over the fact that the Senate has not yet acted upon the "Traffic Stops Statistics Studies Act," (S. 821) in the 106th Congress. As you are well aware, the Congress is scheduled to adjourn in the next few weeks. We thus urge you, in the strongest terms possible, to do all that you can to see that this legislation is brought before the full Senate as soon as possible.
Passage of this bill prior to adjournment of the 106th Congress is a top priority for the civil rights community. It is no secret that many of us are disturbed by the lack of progress that has been made on key civil rights issues in the 106th Congress. To ignore the problems faced by millions of Americans, particularly those of color, is to cheat our future and to perpetuate the needless pain and suffering by millions of people throughout our nation. S. 821 is one relatively easy way to help address a serious and vexing problem that affects millions of Americans and to go on record opposing racial profiling in traffic stops.
As currently crafted, S. 821 is a modest proposal that requires the Attorney General to conduct a national survey on the extent of racial profiling throughout the country. It does NOT mandate data collection of any state or municipality, but instead relies upon data that has already been collected. To encourage law enforcement agencies to collect additional data the bill would assist jurisdictions that are voluntarily collecting data by providing grant money. This bill should be non-controversial.
Specifically, the Department of Justice study would include consideration of several factors, such as identifying characteristics of the individual stopped, including the race and/or ethnicity and the approximate age of that individual, as well as whether a search was instituted as a result of the stop and if an arrest was made as a result of either the stop or the search. We need this important legislation to begin to get to the bottom of this problem. At this point the available information is largely anecdotal regarding the disproportionate number of racial and ethnic minorities who are pulled over. Limited studies done on Interstate 95 in Maryland indicate that approximately 72% of all routine traffic stops and searches occur with African American drivers despite the fact that African Americans make up only about 17% of the driving population.
Many jurisdictions are voluntarily collecting data, and passage of this bill will continue that trend. Agencies that are collecting data are finding that the very act of data collection improves relationships between the police and the minority community because people of color believe that their concerns are being addressed. It should be noted that agencies currently collecting data DO NOT require their officers to ask the driver questions about his or her race, but rely instead on the officer's observations. The federal bill would protect the privacy of the officers and drivers by prohibiting the disclosure of any identifying information.
A nearly identical bill passed the House of Representatives on March 24, 1998, by a voice vote and with bipartisan support. Furthermore, if the data is collected and used properly, it would go a long way towards helping millions of Americans regain the pride and trust in our law enforcement representatives that has been so sorely tested over the years. It is difficult for our faith in the American judicial system not to be challenged when we cannot even drive down an interstate without being stopped merely because of the color of our skin.
We believe that data collection is the first step in addressing the problem of racial profiling. Without data, we cannot determine the extent of the problem, formulate effective solutions to end the practice, nor measure any progress that has been made after implementing programs to address the problem. With your help, we believe this legislation has a chance of becoming law this session. Should you have any questions or comments, please feel free to contact any of us; we welcome your input and look forward to working with you.
Sincerely,
Wade Henderson, Executive Director
Leadership Conference on Civil Rights
Kweisi Mfume, President and CEO
National Association for the Advancement of Colored People
Hugh B. Price, President
National Urban League
Ira Glasser, Executive Director
American Civil Liberties Union
Elaine R. Jones, President and Director Counsel
NAACP Legal Defense and Educational Fund, Inc.
Raul Yzaguirre, President
National Council of La Raza
Daphne Kwok, Executive Director
Organization of Chinese Americans
Julie Kitka, President
Alaska Federation of Natives
Barbara R. Arnwine, Director
Lawyer's Committee for Civil Rights Under Law
Darryl Fagin, Legislative Director
Americans for Democratic Action
Mark Soler, President
Youth Law Center
Rev. Meg A. Riley, Director
Unitarian Universalist Association of Congregations
Thomas H. Hart, Director of Government Relations
The Episcopal Church
Alice Herman, Executive Director
Women's American ORT
Jane Schneiderman, National President
National Council of Jewish Women
Union of American Hebrew Congregations and Central Conference of American Rabbis Mennonite Central Committee