Seeing Racial Injustice Firsthand

By David Manshiem

Recent events have made me heartsick and revived my personal experiences with racial injustice.

As a lawyer, I had occasion about 15 years ago to attend Traffic Court in Ferguson, Missouri, which is a predominately Black suburb of St. Louis. Up front sat the White judge flanked by the White prosecutor and 8-10 very large White policemen dressed in full equipment.

Folding chairs held about 150 people who were 99% Black waiting in silence for their name to be called. Out the door, down the sidewalk, and around the corner stood a long line of defendants also 99% Black. I kibitzed with several of the officers and one actually told me it was his job to keep the “jungle bunnies” in line.

Those few who could afford a lawyer were called first, while the mass of poor people stared at the preferential treatment unfolding in front of them. The lawyer would approach the prosecutor and the charge would be quickly amended to a non-point violation but with a much bigger fine. The lawyer would tell his client to lie and plead guilty to something that never happened, then accompany him to the clerk to see that the pre-arranged fine was paid on the spot. If a person did not appear, he got a warrant, an arrest, and more fines. Many poor souls never got out of debt even if they went to a “Payday loan Service”.

This money raising scheme was widespread in the area and made many happy; the judge and prosecutor cleared the docket with quick justice, the lawyers were happy with all the business, the city was happy with the money, and the clients kept points off their driving record or kept their license if they could afford the lawyer and the enhanced fine.

Many suburbs could hire an officer for $40,000 a year who was expected to bring in $150,000 a year in city revenues. They were on the look-out for any infraction to meet their ticket quota. It was just such a jaywalking incident that led to the death of Michael Brown and the civil unrest that followed. The city was investigated by the US Justice Department, the scam exposed, and yesterday Ferguson elected its first Black Mayor.

Lest you think that example doesn’t apply here, let me tell you about a young Black man that I represented several years ago in Waterloo. The police got a search warrant because of a store robbery and ransacked his house looking for evidence. They threw him to the floor and handcuffed him in front of his wife and children, hauled him to the police station, interrogated him for 2 hours, and then released him because they had found the real culprit. They did not apologize, did not even offer a ride home, did not offer to help set his house aright and did not explain to his wife and kids that they had the wrong man. Would that make you mad?

We know there are bad guys and that police have a tough job and are often insulted, provoked and attacked. I sympathize completely, but by selection and training it is their job not to escalate or over-react to make matters worse nor should they seek to met out punishment. Respect promotes respect back. Everyone, police, citizens, and myself need to do a better job of restraint in the face of provocation. We need to do a better job of listening and empathizing with each other. We know those who ignore or belittle the peaceful protests of injustice like Colin Kaepernick make violent protest more likely.

This column first appeared in the Waterloo-Cedar Falls Courier on June 8, 2020. Photo courtesy of Kelly Lacy.