September 13, 2007 — Vol. 43, No. 5
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Monitor: Not apparent that racial bias caused Tulsa arrest disparity

TULSA, Okla. — An auditor who is monitoring whether the city of Tulsa is complying with settlement terms in a police racial discrimination lawsuit acknowledged last year that racial disparity exists in Tulsa police arrests and use of force.

But the independent monitor, John A. Gaberino Jr., also wrote that “it is not apparent to me that this disparity is a result of racial profiling or … bias within the department,” according to a recent court filing.

The comment was made in a June 8, 2006 letter to both parties in the lawsuit. An excerpt of the letter was made public when it was included in documents filed electronically last week in federal court in Tulsa by attorney Joel Wohlgemuth, who is representing the city in the case.

In the filing, the city of Tulsa disputes allegations that it is not complying with the terms of the settlement. Louis Bullock, lead attorney for a group of black Tulsa police officers, filed the allegations in federal court Aug. 14.

Bullock claimed the city has failed to comply with the 2003 settlement on matters connected to racial bias in policing and to specialty assignments and retaliation within the police department.

Bullock claimed the agency uses force against black residents at a rate of nearly three times their percentage of the population without analyzing those statistics to explain why the disparity exists.

His filing says the plaintiffs’ attorneys have been questioning the city on the issue for more than two years and have received no meaningful response.

Wohlgemuth responded this week that “it has been crystal clear from the beginning of the consent decree that the city was not expected or required to conduct any analysis of the data collected” under the agreement.

Gaberino’s letter, part of which was included in Wohlgemuth’s filing, was written last year in response to a letter the plaintiffs’ attorneys had sent a week earlier to the Dispute Avoidance and Resolution Committee — which was created in accordance with the consent decree — concerning alleged racial disparities in arrests and use of force.

Gaberino wrote, in part, that “though this disparity raises great concern, a thorough analysis of such a disparity must not simply point the finger at the Tulsa Police Department, but must examine all issues and social dynamics within the Tulsa community at large.”

Gaberino wrote that this matter would be best resolved by community members working in a spirit of partnership and cooperation with the Tulsa Police Department.

He added that any violations of the consent decree on such grounds must be substantiated by credible allegations backed by individual facts, not raw data.


N.C. woman gets diploma 50 years after integration effort

CHARLOTTE, N.C. — Dorothy Counts, who 50 years ago became the first black student to integrate Charlotte’s Harding High School, now has a diploma from the school.

Counts received the surprise honorary diploma last week while visiting the old school — now Irwin Avenue Elementary School — for a documentary showing about her days at Harding.

The event came decades after Counts walked through a taunting and spitting crowd as one of four black students trying to integrate Charlotte schools.

“Fifty years ago, I walked through these doors feeling nonaccepted,” Counts said. “Fifty years later, I walk through these doors feeling accepted.”

Counts, who now goes by Dot Counts-Scoggins, stayed at Harding for only about a week before her parents took her out for safety reasons. Counts went on to a year at school in Philadelphia, then graduated from a school in Asheville, N.C.

Marty Wilson, who was one of the students who taunted Counts on the first day of class, told the crowd of about 200 that he was a “very foolish boy.” He apologized to Counts.

“Thank you for being my friend,” he said before the two embraced.


Human rights investigator supports Greenwich in racial complaint

HARTFORD, Conn. — An investigator for the state human rights agency has concluded that three minority women were not refused access to a Greenwich beach because of the color of their skin.

In a memo issued Aug. 30, Paul Gaynor of the state Commission on Human Rights and Opportunities (CHRO) said he found no reasonable cause to support the discrimination complaints made by Millie Bonilla, Sheila Foster and Claudette Rothman against the town.

The three women each filed complaints with the state agency in December 2005 that claimed they were prevented from working out together with a personal trainer at Greenwich Point Park that June because they are minorities.

Claudette Rothman, Millie Bonilla and Sheila Foster claimed they were denied entry to the park because they are Puerto Rican and black. Bonilla and Foster are wives of former New York Mets players Bobby Bonilla and George Foster.

Town officials have contested the women’s claims, saying some did not have beach cards required to enter the park and the others were prohibited from exercising together because of liability concerns.

Gaynor agreed with the town’s explanation and said the town provided evidence showing that at least two other groups were stopped from using the beach for similar reasons, including a yoga class.

“It is clear that a number of the parties in question, despite being residents of the town, did not possess the passes and permits required to access the beaches on their own, let alone participate in a commercial/group venture on the beach,” Gaynor wrote.

The three women have until tomorrow to challenge Gaynor’s findings.


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