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Lawless Newark Police Violate Transgender Woman's Rights

by: Deborah Jacobs, ACLU-NJ Executive Director

Fri Feb 19, 2010 at 08:23:04 PM EST



Promoted from the diaries by Rosi

Diana Taylor was walking home from a computer repair shop when two police officers abruptly stopped her on the street. Without any reason, they demanded she identify herself. Taylor provided her given name - Christopher Moore.

"You're right; I owe you 10 dollars," one officer told the other, "It is a man."

She was stopped, Taylor realized, to settle a dehumanizing bet about her gender.

As onlookers gathered, the officers went on to call Taylor derogatory names and make crude inquiries about her sex life. Then, without justification, they roughly cuffed and arrested her, taunting her the entire time. Once at the precinct, they scrambled to find something wrong on her record (it was clean) and then demanded she accept a ride home. During the two-block trip, the officers threatened to sic gang members in her neighborhood on her if she filed an internal affairs complaint.

Their threats couldn't stop Taylor. Still, it took countless calls to internal affairs before someone finally took down her complaint, and they still didn't take her seriously. The department then issued her summonses "after the fact" on false charges of littering and disorderly conduct.

This lawsuit on Taylor's behalf is the ACLU-NJ's third in as many years alleging misconduct by Newark police. We hope this case will finally penetrate the department's culture of impunity, and in particular, we hope Newark Mayor Cory Booker takes notice.  

Deborah Jacobs, ACLU-NJ Executive Director :: Lawless Newark Police Violate Transgender Woman's Rights
Booker gave the department star treatment in his February State of the City address, which touted construction of a state-of-the-art precinct in the South Ward. But a new building is only as good as the professionalism of the officers in it.

And Newark's police have not consistently demonstrated professionalism. Officers in 2008 pulled over two teenage Pop Warner football players and their young coach, and without cause drew their weapons, searched the teenagers roughly, and verbally abused them. Last April, the ACLU-NJ sued on their behalf.

Before that, the ACLU-NJ filed a suit on behalf of Roberto Lima, a newspaper publisher who voluntarily helped police by showing them photos his staff took of a crime scene. Rather than commend him, they detained him and violated his free press rights, demanding that the paper relinquish all copies of the photos.

Unfortunately, these kinds of problems are not new to Newark. The ACLU-NJ, founded 50 years ago, was in its infancy when Newark's streets blazed in 1967, sparked by anger over widespread injustice and unchecked police brutality. Our volunteers combed Newark cataloguing abuses. Newark citizens had endured police officers' beatings, intimidation and use of racial epithets. The department refused to arrest officers who committed crimes against residents, instead compiling dossiers on civil rights leaders. One ACLU-NJ lawsuit during that period asked the federal government to take over the department until it was reformed.

But reform is taking longer than we ever imagined. To this day systemic reform remains elusive despite a long, well-documented rap sheet of abuses. Newark Police lack best practices that have improved other departments' performance, including better training, record-keeping, and control over officer integrity.

None of the reforms the ACLU-NJ seeks should be new to Mayor Booker. When he hired expert consultants to thoroughly review police operations in 2007, they recommended the same reforms as the ACLU-NJ. One measure - dashboard cameras - has proven to help departments around the country verify the word of both officers and the public. However, none of the 40 otherwise state-of-the-art cruisers Newark recently purchased had this technology, despite being a recognized benchmark for accountability.  

In Newark, Booker alone has authority to make the most important move toward accountability: establishing an independent monitor - armed with an all-access pass - to check the city's police force. The position would make citizens safer, save taxpayers millions, and protect the majority of officers who do a good job but risk their reputations because the city fails to address the individual officers who cause the bulk of problems. As the State Police can attest, an independent monitor brings positive changes for officers and citizens alike.

Though both city council and community members have called for an independent monitor with teeth, Mayor Booker won't bite. Monitoring and reform only came to the state police once the federal government intervened. Unless Booker starts taking criminal acts by police as seriously as he does criminal acts by citizens, that may be the Newark Police's fate as well.

In the meantime, Newarkers are losing trust in their police department. Diana Taylor lost hers last spring when the police stopped her, taunted her, debased her, and dismissed her.

"They took away my rights, my dignity, and made me afraid to walk down the street," she says.

She's not talking about criminals; she's talking about the police. For Diana Taylor - and for too many Newarkers - it's sometimes hard to tell the difference.

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Justice delayed... (0.00 / 0)
This case (and the ones before it) are terrible reminders of how sexual orientation and gender identity are the remaining categories of discrimination that are tolerated and even protected.

Despite all the hard work of groups like Garden State Equality and the outreach done about DADT and marriage rights, some people still don't get the message. In fact, I believe the vitriol and hate-mongering done by groups in opposition to LGBT rights has emboldened some who wish to denigrate and abuse members of the LGBT community, Enough is enough. Speak out against hate!

Kudos to the NJ ACLU!


Make Newark a better place for LGBT (0.00 / 0)

The ACLU's efforts are an important contribution to reduce the lawless, cavalier attitude of some Newark police and to create more accountability.

Another suggestion: unlike many other large and small cities, Newark is lacking in safe places for the LGBT community to congregate, further exposing them to the hazards of prejudiced police and street bullies. An LGBT Community Center, already available in other New Jersey cities, is much-needed in Newark.  

"The work goes on, the cause endures, the hope still lives, and the dream shall never die." - Sen. Ted Kennedy


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