Police reforms sweep nation
As Black, Latino people continue to die in encounters with the law, some ask if measures are enough
In February, Illinois enacted a law that rewrote many of the state’s rules of policing and mandated that officers wear body cameras. In March, New York City moved to make it easier for citizens to sue officers. This month, the Maryland Legislature — which decades ago became the first to adopt a Law Enforcement Officers’ Bill of Rights — became the first to do away with it.
In recent months, state and city lawmakers across the country have seized on a push for reform prompted by outrage at the killing of George Floyd in May, passing legislation that has stripped the police of some hard-fought protections won over the past half-century.
“Police unions in the United States are pretty much playing defense at the moment,” said Brian Marvel, a San Diego officer and the president of California’s largest law enforcement labor organization. “You have groups of people that are looking for change — and some groups are looking for radical change.”
More than 30 states have passed more than 140 new police oversight and reform laws, according to a New York Times analysis of data from the National Conference of State Legislatures.
Amber Widgery, a policy expert at the organization, said many of the laws — restricting the use of force, overhauling disciplinary systems, installing more civilian oversight and requiring transparency around misconduct cases
— give states far more influence over policing practices that have typically been left to local jurisdictions.
“We’re seeing the creation of really strong, centralized state guidance that sets a baseline for police accountability, behavior and standards” for all departments, she said.
It’s a remarkable, nationwide and in some places bipartisan movement that flies directly counter to years of deference to the police and their powerful unions.
But the laws, and new rules adopted by police departments across the country, are not enough to satisfy demands by Black Lives Matter and other activists who are pushing for wholesale reforms, cultural shifts and cutbacks at law enforcement agencies.
“The focus has been so heavily on what do we do after harm has already been committed — after the police have already engaged in misconduct — and far less focused on how do we stop this from the beginning,”
said Paige Fernandez, an advocate at the American Civil Liberties Union.
While Derek Chauvin, the Minneapolis officer accused of murdering Floyd, was on trial last week, episodes in Virginia, Minnesota and Illinois — which have all enacted reforms — underscored how the new laws would not always prevent traumatic outcomes.
‘A police officer in Virginia was seen on video pointing a gun at a Black Army lieutenant and pepper-spraying him during a traffic stop. A veteran officer in Minnesota fatally shot 20-year-old Daunte Wright, a Black man, after pulling him over.
And video recordings showed a Chicago officer chasing and fatally firing at 13-year-old Adam Toledo, a Latino, after he appeared to toss aside a gun while obeying commands to raise his hands.
The events ignited fresh protests and more questions about why police interventions escalated into deaths of people of color.
“People aren’t necessarily happy with the change they’re seeing, because the same thing keeps happening,” said Stevante Clark,
whose brother Stephon was killed by the Sacramento police in 2018.
California enacted a law named after his brother that raised the standard for using lethal force, but Clark sees a need for the federal government to impose national regulations.
House Democrats recently passed a sweeping police bill designed to address racial discrimination and excessive use of force, but it lacks the Republican support needed in the Senate. President Joe Biden has also fallen short on a campaign promise to establish an oversight commission during his first 100 days in office.
Nearly 1,000 people have been shot and killed by police annually in recent years, according to data from The Washington Post, which also shows that officers fatally shot Black and Hispanic people at a much higher rate by population than whites.
Some activists have cheered new laws that could curb police misconduct, mainly in states and cities controlled by Democrats. But they also fear that those changes could be offset in Republican jurisdictions
that are proposing to expand police protections or impose harsher penalties for protest-related activities like blocking highways and defacing public property.
Police unions, along with many Republican lawmakers, have resisted some of the reform efforts, arguing that they will imperil public safety. But there have been some signs of bipartisanship.
In Maryland, the Democratic-controlled legislature overrode a veto by the state’s Republican governor to pass a sweeping reform package. Outlining his objections, Gov. Larry Hogan said the laws would be damaging to “police recruitment and retention, posing significant risks to public safety.”
Importantly, the package erases the Law Enforcement Officers’ Bill of Rights in the state, a landmark achievement for police unions in the 1970s. Decades ago, similar protections spread across the country in union contracts and local laws, but its passage in Maryland gave broad protections to every department at once.
Critics said the policing
bill of rights reduced accountability: Officers could wait days before being questioned about an allegation; only fellow officers could conduct interrogations; some complaints could be expunged from an officer’s file after a few years.
“It is fitting that Maryland is the first state to repeal it as they opened this Pandora’s box in the first place,” said Caylin Young, public policy director at the ACLU of Maryland.’
Two of the country’s largest states, California and New York, have been at the forefront of that push — and some cities have taken more dramatic steps.
Los Angeles, Oakland and San Francisco, for example, last year cut their police department budgets. Activists have called for reducing police funding and diverting some of that money to mental health initiatives and social services. But those demands have often met with resistance, not only from law enforcement but also from Black residents and officials who fear that crime would surge.
In fact, in Oakland, some of those cuts were reversed after a spike in murders and attacks on Asian
Americans.
“I understand the conversation about defunding and re-imagining the police, but these are real people dying,” said Sgt. Barry Donelan, the head of the Oakland police union.
The city has had more than 40 homicides so far this year compared with 13 at the same time last year.
Immediately after Floyd’s death, the Minneapolis City Council voted to disband its police force, only to be overruled by a city charter commission.
For Carmen Best, who recently retired as police chief in Seattle, cultural changes in policing will come with clear standards and consequences for misconduct.
“People will think twice because they know there are repercussions,” she said.
To get there, she said, there needs to be frank discussion about why “horrific things” sometimes happen to minorities when they interact with the police, including Adam Toledo, whose killing by a Chicago police officer is under investigation.
“At the end of the day, we all watched a 13-year-old die,” she said. “That’s hard on everybody.”