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JUSTICE DEPARTMENT SEEKS TO ADD CLAIM THAT

WASHINGTON, D.C. -- Alleging that Columbus police officers engage in a pattern or practice of racially discriminatory conduct, the Justice Department today asked a court to amend its existing suit against the City of Columbus, Ohio.

In its original suit filed in October 1999, the Justice Department alleged that the city's police officers engage in a pattern or practice of excessive force, false arrests, and illegal searches and seizures. Thereafter, the Fraternal Order of Police, Capitol City Lodge No. 9, intervened as a defendant in the case.

The new claim of racially discriminatory conduct is based on extensive analysis of a database containing all citations issued by the Columbus police and filed with the Franklin County Municipal Court from January 1994 through October 1999. The database includes more than 650,000 citations issued to persons 18 or older, for more than 500,000 separate traffic, pedestrian, and bicycle stops.

The Justice Department's analysis of the database demonstrates that African Americans in Columbus were almost three times as likely as whites in Columbus to be the subject of a traffic stop in which one or more citations were issued. Specifically, African Americans were subject to about 39 percent of the more than 300,000 motor vehicle, bicycle and pedestrian stops in which Columbus police officers issued one or more citations to Columbus residents age 18 or older. According to Census data, African Americans constitute only about 22 percent of those residing in Columbus who are age 18 or older.

This disparity, which existed for each year from 1994-1999, has been steadily increasing over time. The racial disparity in citation stops is not limited to any particular category of violation or violator. There are large, statistically significant, racial disparities for:

• stops in which only a minor misdemeanor citation was issued, stops in which at least one more major citation was issued (a first, second, third, or fourth degree citation), and stops in which multiple citations were issued;

• 166 of the 167 individual offenses for which Columbus officers issued 100 or more citations (from 1994 to October 1999);

• both men and women (with the racial disparity being greatest for African American men); and; all age groups.

The largest category of citations issued to Columbus residents are for speeding. Among those speeding citations, Columbus police disproportionately cited African Americans for speeds just above the "excess speed" that triggers a larger speeding fine, while white residents disproportionately were cited for speeds just below that trigger point. This disparity also is statistically significant.

In addition, there were immense racial disparities for a number of specific violations. For example, among Columbus residents, African Americans were 11 times more likely than whites to be cited for "pedestrian failure to use a crosswalk" (African Americans were 76% of those cited for this violation), ten times more likely than whites to be cited for "pedestrian failure to face traffic" (74% of those cited), and 15 times more likely than whites to be cited for a "bike/light reflector" violation (81% of those cited).

These statistical analyses focused primarily on Columbus residents, in part because such analyses allow comparison of the stops made of an identifiable group -- Columbus residents -- to the racial composition of Columbus residents (which can be reliably determined by various methods). But the Justice Department also conducted analyses of the database to include Franklin County residents as well as Columbus residents, and those analyses also reveal significant racial disparities in Columbus police ticketing practices. Because there is no evidence that Columbus residents are treated differently by Columbus police than non-residents, the Justice Department's analyses of Columbus resident citations accurately reflects overall Columbus police citation practices.

Finally, the Justice Department's analyses show that the magnitude of these disparities is not explained by non-discriminatory reasons or justifications.

Prior to filing today's motion, the Justice Department shared its findings with the city and the Fraternal Order of Police. The defendants, however, were unable to address the issues raised by the findings to the satisfaction of the Department.

"We are hopeful today's filing will ultimately result in fundamental changes in Columbus police practices which have fostered this pattern of racially discriminatory conduct," said Acting Assistant Attorney General Bill Lann Lee. "Our goal is to ensure that all citizens are treated equally under the law."

If the court grants the Justice Department's motion to amend its complaint, federal law would require the Justice Department to stop grant payments to the Columbus police department 45 days later, unless the City obtains a court order barring the suspension.

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