The law is often a tool of oppression, or, more lessons from 50 years of Pride
Laws have frequently been used to target minorities and marginalized people who are not doing what most people would think of as criminal activity. When writing about the origins of Pride Month, I often mention that before the early-to-mid-seventies it was illegal for a woman to wear pants in public. This seems crazy to most people now, and it sometimes came as a shock to people back then, but there it was.
Other laws sound more reasonable until you understand how they were actually applied. For example, in 1968 the Nixon campaign committee came up with the idea of the War on Drugs as a way to target two groups which opposed all of Nixon’s priorities: black people and those opposed to the Vietnam War. Many years after the fact, Nixon domestic policy chief, John Ehrlichman, explained it:
“You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin. And then criminalizing both heavily, we could disrupt those communities,” Ehrlichman said. “We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”
Long before that loitering laws were used to harass anyone that the powers that be found undesirable. Loitering was usually defined as “a person simply being in a public place for no apparent reason.” In 1972 the Supreme Court ruled that loitering ordinances and vagrancy ordinances were unconstitutional for two reason: they were so vague that a common citizens couldn’t be sure what behavior constituted the crime, and police were able to arbitrarily enforce it on people who were poor, members of minorities, and so forth.
Historically, the laws were almost always used to target minorities.
The Supreme Court ruling led many jurisdictions to replace the ordinances with so-called “loitering plus” laws. These were ordinances supposedly didn’t make simply being in a public place a crime, but rather being in public for various nefarious purposes. And one of the most popular in the late 80s and 90s were so-called “drug loitering” laws. These laws allowed police to demand ID and to perform personal searches on anyone who was in public and behaving in a way that made the cop suspect that maybe they might possibly be trying to buy or sell illegal drugs. Common activities that could get you arrested under these laws were such horrible criminal acts as: looking at the cars driving by on the roadway, waving at someone, appearing to be trying to make contact with other pedestrians on the sidewalk.
And the sad thing is that even though people tried to appeal these laws to the Supreme Court, it hasn’t accepted such a case for review in decades.
The City of Seattle passed one of these laws back in the 90s. I donated money to a campaign that tried to appeal the low through the courts. When that didn’t get anywhere, I donated money and even volunteered to phone back for a campaign that tried to get an initiative on the ballot to repeal the law. We didn’t succeed.
Year after year people brought forward evidence that both the drug loitering ordinance and the prostitution loitering ordinance were disproportionately used to target black people and gender-non-conforming people, the laws stayed on the books. A few years ago a new city attorney was elected he ceased prosecutions on the two laws precisely for those reasons, but it didn’t really solve the problem, because the next city attorney could just start filing the charges again, and cops would know they could start harassing people in the name of those laws again.
Finally, the laws have been repealed: Seattle City Council Repeals Loitering Laws – The council has voted to repeal two loitering ordinances, which they say had racist origins and disproportionately targeted minorities.
This is a direct result of the Black Lives Matter protests still going on in the city. So we’ve made a teensy bit of progress!
There are many other problems to address. The biggest problem is that virtually all politicians and most common people believe that myth that police forces protect the public from crime. Statistically, they don’t. Of the most common categories of property crime (burglary, larceny, auto theft), only between 13% to 22% of those reported result in an arrest. And those percentages have been so low, that by best estimates, less than 29% of burglaries and larceny are even reported—that means fewer than 4% of such crimes are ever solved!. Heck, fewer the 70% of car thefts are reported to police!
Only abut 38% of rape cases reported to police are cleared (and a laughably even tinier percentage result in any conviction). And since only 25%-40% of sexual assaults are even reported to the police, again we’re looking at fewer than 10% leading to an arrest. Only about 60% of murders are ever solved.
Meanwhile, through abuse of asset forfeiture laws, law enforcement agencies steal far more from the people in their communities that all the burglaries and other robbery categories combined!
There are many reasons for this. One is that in most police departments across the country, the units tasks with investigating robberies and sexual assaults get the lowest budgets, and for various reasons even then, they are the departments most likely to be understaffed (as in, fewer officers actually working in those divisions than is budgeted for).
And then there are the cultural issues. K.L. Williams is a former police chief who now runs the Institute of Justice and Accountability, trying to reform police training (among other things). He sums up the police culture problem this way: about 15% of officers will do the right thing no matter what. And approximately 15% percent of officers will abuse their authority at every opportunity. The remaining 70% could go either way depending on whom they are working with.
At first glance that might not seem too bad—only 15% of cops are abusing their authority, right? But with 70% willing to look the other way and even cover up for the bad cops, that means that it’s 85% of cops who are bad, nut merely 15%. And surveys of cops have shown that a clear majority of cops admit that most of the colleagues routinely look the other way and often help cover up misconduct by other cops.
It’s just just that systemic racism, homophobia, and misogyny leads policing to victimize, rather than protect, minorities and marginalized people—those things combined with police attitudes about the public in general and anyone they perceive as being worth even less than the public means that queer (especially gender-non-conforming) and trans people have been oppressed, harassed, and abused by police forever. And as the article above explains, race, perceived ethnicity (not always the same thing), and perceived immigration status simply amplify that.
Which brings us full circle back to the trans women of color who threw the first bunches, the first bricks, the first shot glasses, that started the Stonewall Riots.