Pittsburgh Post-Gazette

Chicago police ‘reform’ failed Adam Toledo; new thinking is essential

- Sheila Bedi Sheila Bedi is a clinical professor of law at the Northweste­rn Pritzker School of Law and director of the Community Justice and Civil Rights Clinic. This was first published in The Washington Post.

Last month, a Chicago Police Department officer shot and killed 13-yearold Adam Toledo while he stood facing the officer with his hands up in surrender. The officer’s body-worn camera, in video released this week, depicts the officer chasing Adam down an ally, pursuing him because he was in the vicinity of gunshots — gunshots that harmed no one.

The attorney representi­ng the officer who shot Adam claims the officer lawfully killed this child because, in the officer’s telling, Adam was carrying a gun during the pursuit and the officer feared for his life. According to the officer’s counsel and other law enforcemen­t figures — including the former superinten­dent of the CPD — the officer’s perception of Adam as a threat, even if mistaken, made the officer’s lethal force lawful.

This perspectiv­e is grounded in Supreme Court precedent, namely the landmark 1989 decision in Graham v. Connor, where the court directed that the “reasonable­ness” of an officer’s use of force “must be judged from the perspectiv­e of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”

Based on this language, courts throughout the country permit brutal, morally unjustifia­ble acts of police violence. This is why efforts to reduce police harm must not be limited to the meager protection­s provided in federal law. Change requires entirely new approaches to public safety, informed by the experience­s and expertise of the Black and brown communitie­s most likely to experience police violence.

Adam Toledo’s death demonstrat­es that the CPD — and, indeed, police department­s across the nation — simply can’t be “fixed.” For more than 100 years, Chicago city officials have made public pronouncem­ents of their intent to “reform” the CPD. None of those purported reforms has rooted out racist police violence and corruption, or created safe communitie­s.

The most recent effort to reform the CPD takes the force of a federal court order, known as a consent decree. The CPD consent decree aims to redress the racism, lawlessnes­s and corruption the Justice Department found when it investigat­ed the CPD. This 2017 investigat­ion began after the city released video showing a white CPD officer murdering a Black teenager, 17-year-old Laquan McDonald. But even a federal court order alone can’t fix what’s wrong with the CPD.

I know this from personal experience. I live in Chicago, and I — along with my colleagues at the Northweste­rn Pritzker School of Law, the University of Chicago Law School and other civil rights attorneys — represent a coalition of community-based organizati­ons in enforcing the federal consent decree.

The federal court order has been in place since March 2019, and it has failed by every measure. It provided no protection to the hundreds of Chicagoans who took to the streets during last summer’s uprisings to protest law enforcemen­t brutality, violence and racism — and then endured brutality, violence and racism from CPD officers.

Chicago police have simply continued to operate with impunity. I’m heartbroke­n — but not surprised — that the consent decree my clients, my co-counsel and I have spent thousands of hours fighting for, monitoring and enforcing failed to protect Adam Toledo’s life.

In 2018 and again in 2019, our coalition demanded that the CPD implement a foot-pursuit policy and restrict the circumstan­ces under which CPD officers can use force. We have long known that foot pursuits are a particular­ly dangerous tactic — and police department­s around the country have implemente­d restrictio­ns on this practice.

But Chicago refused, in part because it argued that federal law has no such requiremen­ts. Now, Chicago Mayor Lori Lightfoot says that a foot-pursuit policy will be implemente­d. That is too little too late for the Toledo family.

Justice for Adam Toledo requires investment­s in our Black and brown communitie­s and disinvestm­ents in policing. One would be a proposal by the Chicagobas­ed, Black youth- led GoodKids MadCity collective called the Peace Book, which would create neighborho­od peace commission­s with resources sufficient to meet community needs. The resources include funds for positive youth spaces, political and art education, mental health treatment, restorativ­e justice, and conflict resolution services.

The Peace Book could operate with a diversion of just 2%, or $35 million, from the CPD’s budget. Other major cities have diverted far more from policing into communitie­s.

Second, the Treatment Not Trauma ordinance, sponsored by Chicago Democratic Socialist Alderwoman Rossana Rodriguez-Sanchez and backed by a diverse, citywide coalition, would prohibit CPD officers from responding to people in mental health crises and instead fund community-based mental health profession­als. Similar programs in Oregon both reduce police violence and better serve community needs.

Racist police violence in Chicago will end when we stop tethering solutions to federal law and police policy. More police “reform” isn’t needed. Chicago’s elected officials must embrace proposals such as the Peace Book and Treatment Not Trauma ordinance. Each would create safer communitie­s, and each would do far more to redress the entrenched culture of violence and racism in the Chicago Police Department than yet another police policy revision. Justice for Adam Toledo demands no less.

 ?? Shafkat Anowar/Associated Press ?? Lupita Padilla lights a candle Friday as she pays her respect to a memorial where 13-year-old Adam Toledo was shot by police in the Little Village neighborho­od of Chicago.
Shafkat Anowar/Associated Press Lupita Padilla lights a candle Friday as she pays her respect to a memorial where 13-year-old Adam Toledo was shot by police in the Little Village neighborho­od of Chicago.
 ?? Chicago Sun-Times via AP ?? Chicago Mayor Lori Lightfoot
Chicago Sun-Times via AP Chicago Mayor Lori Lightfoot

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