Saturday, December 23, 2017

Control The Patrol: Body Cameras

The Restorative Justice Coalition is among many organizations and activist groups across the nation calling for police accountability and transparency. With the climate of the world we live in, this just makes sense. Still, resistance has been among us. We are writing out our policy points with the intent that individuals from all sides will see the importance and benefit of our measures.

If you live in Hillsborough or Pinellas County, we urge you to sign our petition and engage your local representatives.

Why Body Cameras?
Restorative Justice Coalition gathered data from Campaign Zero and Body Worn Cameras Scorecard to develop a sensible plan on body camera usage. The fact is body cameras alone are not a solution. Recklessly enacted body camera policy can actually be more dangerous, as they can be a tool of surveillance, rather than accountability, which defeats the purpose.

The City of Tampa already has a body camera program; while we recognize this, it is extremely faulty, which we will explain as we go along. We are urging City of Tampa to update their body camera policies. City of St. Petersburg and City of Plant City lack body cameras entirely.

The Logic
"Locks are not meant to keep thieves out but rather to keep the honest, honest."

Accountability makes sense. A USF Study suggests that police officers who actively wear body cameras decreased the amount of blunt force they use on civilians when compared to those who do not wear any at all. The amount of force reduced is marginal but is a step in the correct direction. Further, body cameras, when regulated properly, can allow for increased accountability when reviewing cases of police misconduct, especially if the case makes it to prosecution.

In July 2017, Plant City Police killed Jesus Cervantes and there is nothing to show for it except for the accounts of the police officers involved. Since there is no footage, there is nothing to indicate to the public or investigators that their stories are correct. While the police chief explains that they are not worth the expense, it should be noted that the City of Plant City Police operates on a budget of nearly $6 million dollars annually but only employs 70 police officers. In addition, the City had no problem approving a $300,000 armored tactical vehicle despite their misgivings earlier in the year.

How Body Cameras Help
Aside from what is cited above, Rialto, a small police force, experimented in 2012 and found:

"The results were surprising — because they were so clear. When officers were wearing cameras on shifts, police use of force against suspects was 50 percent lower. Similarly, complaints against the police fell to almost zero in the 12 months after the cameras were introduced. 






Police use of force and the complaints it engenders are expensive for police departments. They cost the trust and cooperation of communities. And a single complaint against a police force can cost upward of a million dollars in compensation. For a small force like Rialto, that’s a big blow to the budget."
Further, they the usage of body cameras famously caught police misconduct when law enforcement decided to plant drugs on a civilian in Baltimore.

Plant City and City of Saint Petersburg
With the complete absence of body cameras, we are unable to evaluate the conduct of police officers with their behavior and interactions with the public. We encourage you to urge your local representatives to support body cameras that are well regulated.

City of Tampa
We need our City to improve their body camera regulation to meet acceptable standards of regulation, as defined by Body Worn Camera Scorecards, which has been signed and approved by many organizations across the country, representing marginalized members of our society.

As of October 2017, BWC Scorecard ranked City of Tampa as follows:
Makes the Department Policy Publicly and Readily Available
Limits Officer Discretion on When to Record
Addresses Personal Privacy Concerns
Prohibits Officer Pre-Report Viewing
Limits Retention of Footage
Protects Footage Against Tampering and Misuse
Makes Footage Available to Individuals Filing Complaints
Limits Biometric Searching of Footage
Our goal is to change all of the marked areas into green checkmarks. Some barriers exist within state law but the City of Tampa should mark their policies to be the most progressive as possible. If state law is an issue, City of Tampa should advocate and lobby state representatives to adjust the laws and allow local control.

Biometric Searching of Footage should never be permitted. Biometric footage could result in the building of a database and can be used as surveillance. Facial recognition tools should be forbidden from any body camera functionalities. Prohibit Officer Prereport Viewing would prevent officers from being able to collaborate a story based on the camera view--their authentic memory of the incident should be documented first before they can view the camera and "match it up". Protect Footage Against Tampering can be done by requiring the footage to be handled off-site, to a third-party agency whom only releases footage when it complies with a complaint or public request. Officer Discretion to Record must be clearly, finely defined and this will help prevent officers from picking and choosing which incidents they chose to record, including providing disciplinary action for failure to adhere to the guidelines. Limit Footage Retention policies are important; unless footage is being used in response to a public complaint or a prosecutor investigation, the footage should be eliminated after six months to secure the data of the public. For full details of Restorative Justice Coalition's policy points on body cameras, and the related research, you can view our full guide. (Bit.ly/RJCGuide)

We are suggesting this law, as written by the ACLU (although slightly amended) to be entered into state and local law.

We believe that by implementing that law as local ordinance will improve the City of Tampa's transparency, accountability and prevent unnecessary surveillance.

You can sign our petition now: www.controlthepatrol.com

In addition, you can share this blog post and continue the conversation. While body cameras, and the other functions we are fighting for, will only make a dent on changing the state of policing locally, it is imperative that changes are made to protect the most vulnerable of us all.

Friday, December 22, 2017

City of Tampa: Bathhouse Ordinance

Recently, the City of Tampa went through their first reading of a revival of a bathhouse ordinance from the 1980's. The original ordinance was crafted to allegedly combat HIV and specifically targeted members of the gay and trans communities. You may be asking yourself, why would such an ordinance be revived in today's climate? The claim from the City is to stop human trafficking.

Human trafficking is undoubtedly deplorable and is violent. No sensible individual would even debate this. However, when you dig deeper into the ordinance, and the advocacy groups fighting for it to pass, you must look at the broader impact within the ordinance.

The ordinance will aim to criminalize victims

Although the City and the ordinance's advocates claim these efforts are to rid City of Tampa of their human trafficking dilemma, the ordinance is likely to cause more criminalization of the victims. In the past year, the police have raided these establishments and each time, they arrest women who are engaged in sex work. If the focus is on victim survival and restoration, then why, we must ask, would we arrest the victims?

Do we arrest robbery victims to prevent robbery?

According to the National Survivor Network, 50% of human trafficking survivors faced their first arrest as a juvenile. Of those, half of them faced convictions. 90% of trafficking survivors report that during their time as a trafficked victim, they experienced an arrest by the police. Around 25% of these victims were arrested 10-20 times during the span of their experience as a trafficked victim. How does arresting victims, especially multiple times, end human trafficking? Most of the arrested victims face charges such as prostitution or solicitation, yet only 40% of the surveyed victims noted that the human trafficker was also arrested. When the human trafficker was arrested, they were never charged with any human trafficking charges and in many cases, their charges were dropped.

Surveyed victims also noted to the National Survivor Network that they were often coerced into testifying against their trafficker and other victims as condition of receiving victim assistance from the state programs. A CUNY study titled "Criminalization of Trafficking Victims" noted a similar pattern.

In fact, according to the CUNY study, in 2012, as a result of police raids, 2,962 individuals were arrested for prostitution, whereas only 34 individuals were arrested for human trafficking related charge in New York.

The ordinance will further disenfranchise communities.

It is no secret that in the United States, a criminal conviction can severely impact your livelihood. Victims of trafficking who face conviction are forced to live with unimaginable barriers for the duration of their lives. The National Survivor Network noted that 70% of trafficking victims who were convicted were unable to expunge their criminal convictions, even after establishing their victimhood.

Limiting access to employment, housing, education, federal and state benefits and other factors only creates economic distress, disenfranchisement and further marginalization and is not effective to protecting victims.

The ordinance will only enable sex traffickers.

The largest component of irony of this ordinance is that it would actually further enable sex traffickers rather than eliminate them. As detailed above, convicted victims find themselves struggling to find employment. Branded with a harmful criminal record, victims are often left with no choice but to seek work in the trafficking trades indefinitely.

There are countless personal accounts and compelling research that shows that a criminal record serves to further marginalize and relegate individuals into a second class citizenry status, and as such, often results in individuals resorting to criminal behavior to survive.

The ordinance will waste taxpayer resources.

The added bureaucracy imposed on the businesses for the licensing and registrations are certainly a great tool of revenue for the City. In addition, utilizing the police force to perform raids and reviews of the suspected bathhouses will come at a cost.

Ultimately, however, as the "Criminalization of Trafficking Victims" study shows, these raids are ineffective and do nothing to curb human trafficking.

So, why should our taxpayer dollars go to this resource when we could instead allocate resources to programs designed to help victims at their own self-determination.

The ordinance will uphold institutional racism and discrimination.

Many sex workers and human trafficking victims alike are from already marginalized communities, such as black, brown and indigenous communities, immigrants, trans, queer, poor or disabled.

Many victims of human trafficking, in the sex trade and labor trade alike, are people of color.

Ultimately, the Restorative Justice Coalition and the Sex Worker Solidarity Network stand strong against human trafficking. Although members of Clean Up Kennedy have proclaimed that our activism exists only because we benefit from human trafficking (pictured below)--the opposite is true. A truly restorative justice approach to human trafficking is vital to actually ending the crisis. At no time in the history of this country, has overpolicing, criminalizing or stigmatizing anyone resulted in a positive, transformative change within society.

If we truly want to end human trafficking then we cannot take these lazy, lackluster approaches. True transformations within society at all ends will be needed to bring forward justice for the victims--but certainly, diversion programs, arrests, jails and convictions are not the key to this transformation.

Will you please call City Council and let them know this ordinance is harmful, wasteful and needs to be voted against?

Guido Maniscalco - (813) 274-7071
Mike Suarez - (813) 274-7072
Luis Viera - (813) 274-7073
Harry Cohen - (813) 274-8134
Charlie Miranda - (813) 274 -7074
Yvonne Yolie Capin - (813) 274-8133
Frank Reddick - (813) 274-8189



Amnesty International's Sex Work Proposal