Some community groups feel vindicated by Thursday’s announcement by the U.S. Department of Justice that the Phoenix Police Department routinely violated civil rights.
“We are not surprised because community members have been saying this for decades,” said Isabel Garcia, community safety strategist for Poder in Action.
Garcia and other members regularly attend Phoenix City Council meetings to complain about how police treat Black, brown and Indigenous communities.
“The Phoenix Police Department has been implementing reforms or have been saying they've been, they're implementing reforms for years, right, and those reforms have not worked to reduce police violence as this report is demonstrating,” she said.
Garcia said people in lower-income and communities of color need resources, not cops.
“They don't call the police because it's the best option or even because they want to, they call the police because it's the only option when there's a mental health crisis or substance use crisis,” she said. “So, that is how we're going to actually reduce police violence in the city, if we actually invest in people's immediate needs and also transform the social infrastructure of our city.”
Among its findings, the DOJ found Phoenix Police used excessive force, enforced laws based on race and violated the constitutional rights of people experiencing homelessness.
“This all falls on the hands of our mayor, Mayor Gallego, and the City Council, the existing council and also prior council members who allowed this department to run corruptly,” Garcia said.
During its announcement, the DOJ said consent decrees, which are legally-binding agreements that involve a court-ordered monitor have historically “proven to be the kind of reform measures needed to ensure lasting and meaningful reform.”
Some council members, along with the Phoenix Law Enforcement Association, have opposed a consent decree, citing the cost and lengthy oversight. The City Council will meet in private to get legal advice and discuss next steps on June 25.
City Manager Jeff Barton told KJZZ, “We are committed to doing the hard work. We are committed to working with our community. We hear our community, we sympathize for our community, and for those who've lost their lives or had their families altered, at the hands of unfortunately, the police department, but I also share that same sentiment with the families of law enforcement officers who've also lost family members, you know, to senseless violence. A loss of life is a loss of life. What we want to do is position ourselves, working collaboratively with our community, to deliver the services that they're entitled to.”
From the DOJ’s announcement:
“Based on a comprehensive review, we find that there is reasonable cause to believe that the police department and the city engage in a pattern or practice of conduct that violates the First, Fourth and 14th Amendments of the U.S. Constitution. We have also identified violations of the Safe Streets Act, the Civil Rights Act of 1964 and the Americans with Disabilities Act.
Specifically, we found that the Phoenix Police Department and the City of Phoenix engage in a pattern or practice of using excessive force; unlawfully detaining, ticketing and arresting homeless people; discriminating against Black, Hispanic and Indigenous people in its policing enforcement; violating the rights of people engaged in demonstrations and protests and discriminating against people with behavioral health disabilities.”
Police union president opposes court-enforceable-reform deal with the Justice Department
The president of the largest union of Phoenix police officers and detectives opposes a court-enforceable-reform deal with the Justice Department.
But as the feds gave findings of their investigation this week on Thursday, they used words that mean they think there’s enough evidence to file a lawsuit if needed.
A lawsuit could lead to a judge overseeing changes a la the Maricopa County Sheriff’s Office. With a consent decree, a judge might only intervene if the feds or a monitor complains that reform goals are not being met.
“There is reasonable cause to believe that the police department and the city engage in a pattern or practice of conduct that violates the First, Fourth and 14th amendments of the U.S. Constitution,” said Kristen Clarke, U.S. assistant attorney general.
Reasonable cause were Clarke’s key words. Per the report, meeting that threshold triggers the power to sue.
Clarke said the feds want a consent decree with Phoenix that builds on success reforming other departments.
