Saturday, December 15, 2007

New York City sued over racial profiling

The American-Arab Anti-Discrimination Committee (ADC) has urged congress to welcome and pass the End Racial Profiling Act (ERPA), a bill hoped to stop police officers from harassing people based on their race. The move coincides with a lawsuit filed against New York City for detaining a young man taking pictures in a Manhattan subway.

"Racial profiling has been a big issue since 9/11," ADC spokesperson Laila Al-Qatam told AlArabiya.net.

"In 2003, they came up with so-called guidelines, forbidding cops to profile. They know they shouldn't do it, but they can do it anyway."

ERPA was introduced to congress on Thursday as a way to make the loop-holes disappear -- with consequences for every officer who profiles a suspect based on his race.

The lawsuit against New York City was filed last week by the New York Civil Liberties Union (NYCLU) on behalf of 26-year-old Arun Witta, a Columbia Graduate Student who was arrested for taking pictures of a subway station as part of a school project. Witta was hand-cuffed and detained by a police officer.
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Middle Eastern looks

Witta said the officer did not explain why he was detaining him, only telling him that the New York Police Department (NYPD) has to be extra careful these days. Witta, who is half Indian, said he is sure his Middle Eastern look is what caused the arrest.

"I definitely know, second hand, many other people who have taken photos in the subway, but have never been subjected to this kind of treatment that happened to me," Witta was quoted as saying by NY1. “I don't have a doubt that if I looked different, this wouldn't have happened."

The NYCLU said Wiita's constitutional rights had been violated since there are no laws against taking pictures on the subways, unless it interferes with train operation.

"This lawsuit is both about the right to photograph and about racial profiling," Chris Dunn of the NYCLU told Reuters. "We have seen over the last several years that the photographers who are most likely to be singled out are brown skinned photographers, particularly the ones who appear to be Middle Eastern or from South East Asia."

The NYCLU affirms that dozens of law-abiding photographers have approached them with claims of being harassed by police officers who are unable to identify genuinely suspicious activity.
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Filming subway

Another young man told AlArabiya.net that he was approached at a subway station in downtown Manhattan at around 2 A.m. last month, and questioned by plainclothes police officers for filming in the subway. Mohammad, who preferred not to reveal his last name, said that he was detained for over an hour by three police officers.

"I was filming b-roll of homeless people sleeping on the train," said Mohammad, an Arab-American journalist who works in New York City. "I moved from one car to another, which is not allowed while the train is moving, I know..." As soon as he came out of the train, still holding his camera, a hooded man approached him and showed Mohammad his badge.

"He made me nervous," Mohammad said. "He asked for my I.D., made me keep my hands out of my pockets, and asked me questions for an hour."

After calling him in to the Police Station and running a background check on Mohammad, police let him go with a $75 fine, which he had to pay in a week or attend a court-date.

"He (the officer) was trying to make me feel like he was lenient, like he could have gotten me into big trouble if he wanted to," said Mohammad, "but I'm a reporter, I know there are no laws against filming in the subway."

Police Department spokesman Paul Browne said police officers do question people photographing subways and other infrastructure, "on rare occasions."

He argued it was necessary in order to fight terrorism, and that there have been many "plots involving photography of subways, bridges and landmark buildings in New York since 9/11.”

Comment: Every time I fly inside the USA on a ticket I purchase in the Middle East, I am taken aside for more intensive questioning-every time. Is this profiling? Of course, do I mind, no! Face reality and own up to the data-it is prudent behavior to profile and until the West gets beyond its political correctness it is putting at risk the greater public.

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