Shock: ACLU official files “racial profiling” lawsuit
posted at 10:58 am on December 5, 2007 by Bryan
Yeah, and somewhere in these United States, a dog bit a man. Film at 11. If the case succeeds, then airport screeners won’t even be able to use behavior to watch for and stop terrorists.
The top official in charge of fighting racial profiling for the American Civil Liberties Union says he was the victim of profiling at the Boston airport, and he has gone to federal court to challenge a screening technique that relies on suspicious behavior to identify potential terrorists.
King Downing said he was stopped and questioned by state police in October 2003 after arriving on a flight to attend a meeting on racial profiling.
Why is he suing? Because that’s what the ACLU does. It agitates for captured terrorists and tries to make it easier for free range terrorists to get on with their business. This particular case seems to have a few built-in hitches for the ACLU’s master plan.
Downing, who is black and wears a short beard, said in his lawsuit that he was stopped by a state trooper and asked to show identification after he left the gate area and made a phone call in the terminal.
When he declined, Downing said, he was told to leave the airport, but was then stopped again. He was surrounded by four state troopers and told that he was under arrest for failing to produce identification.
He’s alleging racial profiling. But.
Logan officials say race played no role in the decision to question Downing. The first trooper to ask Downing for identification was black, and three of the four officers who arrived later were also black, according to court documents. The first trooper said he became suspicious when he saw Downing watching him.
Airport officials insisted behavior-pattern recognition helps strengthen security and does not involve racial profiling.
“We welcome the opportunity to defend the program in court,” said Matthew Brelis, a spokesman for the Massachusetts Port Authority, which operates the airport.
It may be worth pointing out that two of the 9-11 aircraft, American Airlines Flight 11 and United Airlines Flight 175, originated from Logan.
The trial may tell us whether this ACLU case was intended to be Flying Imams Mark 2.0.
More: Michelle observes–
The do-nothing ACLU won’t be satisfied until every last homeland defense is dismantled. They argue that national security profiling should be based on behavior, not race/ethnicity/nationality/national origin/religion–and then they turn around and sue to stop behavior profiling.
Exactly right.
More: Stop the ACLU was on the case before we were.
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The ACLU are fighting a cold civil war against us.
Niko on December 5, 2007 at 11:13 AM
I am a white male of Irish/Scots/Danish descent, and I have been pat-searched at airport security on more than one occassion. I demand that this despicable racial profiling cease immediately!
Frozen Tex on December 5, 2007 at 11:13 AM
Probable cause please? Oh yes…what was it the state trooper said?…
Brilliant.
You lookin’ at me? Papers please.
Ochlan on December 5, 2007 at 11:16 AM
I’m on the fence on this one. On one hand, I say that this guy should have just shown his id when asked and everything would have been fine. On the other hand, I know that this guy wouldn’t have been stopped and asked for his id if he didn’t look Middle Eastern. So I don’t know.
SoulGlo on December 5, 2007 at 11:16 AM
PS. The ‘profiling’ component of this suit is BS, I agree…the suit should be for wrongful arrest.
Ochlan on December 5, 2007 at 11:17 AM
SoulGlo ET EL…the A’hole left a secure area and made a phone call. REPEAT: HE LEFT A SECURE AREA AND MADE A PHONE CALL!
The officer who confronted him should be promoted to CAPTAIN!!!
Dread Pirate Roberts VI on December 5, 2007 at 11:20 AM
The ACLU should do the right thing and take the “A” out of its name.
wowbagger on December 5, 2007 at 11:22 AM
WTF? Are you off your meds?
Ochlan on December 5, 2007 at 11:27 AM
Perhaps ‘the usual suspects’ at HA would endorse a good tasing in this instance too…
Ochlan on December 5, 2007 at 11:29 AM
Are you kidding? I’ve seen, I kid you not, a hot blonde model type get the extra security treatment for no discernible reason. To the rest of you a) Downing wasn’t actually arrested, just delayed after some extra scrutiny and b) there’s evidently more than just the phone call at work here. For instance, if he left the secure area, made his phone call, and then tried to get around security or something of that nature on his way back in, then he would have rightly aroused suspicion. One of the officers observed Downing watching the officers. Put that together with exiting the secured area and then not showing his ID and yeah, you have some grounds for suspicion. But not a lawsuit. He wasn’t arrested. No charges were filed against him.
Bryan on December 5, 2007 at 11:31 AM
So an organization founded by a communist is acting against the best interest of the American public? Has pretty much always acted against America and continues to act against America. The icing on the cake is that in 1981 Jimmy Carter awarded Roger Baldwin, the commie founder, the Medal of Freedom and that’s not even the best part. In most cases we the people pay them to sue us. Imagine being paid fast sums of money by the government to bring down the government. But their name sounds nice and we all know it’s not the action it the image.
jmarcure on December 5, 2007 at 11:31 AM
At least!
highhopes on December 5, 2007 at 11:32 AM
During the Thanksgiving holiday I was taken to be more throughly searched. The fact that I weight 300+ pounds, sport a heavy beard and was waring my biker casual clothing WOULD make me an obvious security threat. I took NO offense and thanked the TSA gentleman would conducted the search. The ACLU has become a cry-baby organization and has stopped supporting the Constitution.
EvilRoy on December 5, 2007 at 11:40 AM
Does anyone besides me think that this is just another trap?
Can one sue if one feels that one is denied bringing a boxcutter on board because of racial tool profiling?
drjohn on December 5, 2007 at 11:46 AM
Where is a taser when you need one? Jerk.
Also by not profiling young men of middle-eastern decent (who fit the description of the people responsible for the major attacks on the US for the last 10 years), you are essentially profiling everyone else.
Basically the screener knows he can not pull aside a middle eastern man, so he looks for a non-middle eastern person instead – perhaps a grandma in a wheelchair instead (I’ve seen this).
jman on December 5, 2007 at 11:47 AM
Really? You’re hardly going to run away…and if you can’t hit a 300lb man you have no business carrying a gun ;-)
Ochlan on December 5, 2007 at 11:50 AM
Obviously tongue in cheek though it seems people have been tasered for less lately.
jman on December 5, 2007 at 11:52 AM
Indeed…’lookin at me funny’ seems like solid grounds for 50,000 volts of STFU ;-)
Ochlan on December 5, 2007 at 11:54 AM
I’m a blue eyed, blonde all-American female and about 6 months after 9/11 I was pulled aside and wanded while in the company of my then 8 year old blue eyed, blonde son (who was quite frightened by what they were doing to mommy). I just happened to have pulled the lucky number on my boarding pass.
It certainly gives me no confidence in the ability of this nation to protect ourselves if people like myself are targeted for wanding.
Quite frankly I resent it tremendously and I have zero sympathy for the injured emotions of these professional agitators and saboteurs. I would not be the least bit surprised to find out that this was a premeditated staged event, particularly since by an uncanny coincidence the aggrieved plaintiff had just attended a conference on racial profiling.
The good news is that the Gitmo case is being heard today by the Supremes, and word has it that John Roberts had very harsh questions for the detainees attorneys.
Buy Danish on December 5, 2007 at 12:06 PM
Just the bad people, ya know. And I KNOW he’s bad, cuz he got mad! He shoulda got glad, AND produced ID.
Seriously though, I wonder where on Earth people got the impression that racial profiling and discrimination are bad? Don’t we tell children from day one NOT to talk to strangers? Discrimination. Don’t we tell our kids who they can NOT hang out with? Profiling. Don’t we discriminate and profile before we let strangers in our homes? I plan on profiling AND discriminating for the rest of my life, just try and stop me. But if asked for ID… here ya go, sir!
Califemme on December 5, 2007 at 12:07 PM
I presume that’s a metaphorical finger you’re giving the cop, not your ‘papers’ ;-)
Ochlan on December 5, 2007 at 12:12 PM
If you look for racism 24/7, you’re always going to find it.
If you look for reasons to be offended 24/7, you’re always going to be offended.
see: Rangel, Sharpton
rockbend on December 5, 2007 at 12:25 PM
The ACLU sued New York to prevent subway cops from checking backpacks and purses of subway passengers.
So, what does the ACLU headquarters in Washington D.C. say?
“We reserve the right to search all bags entering the building.”
Need I say more?
Hawkins1701 on December 5, 2007 at 12:27 PM
Umm… is the suggestion here that only black officers can confront a black suspect? Does the same hold for white officers and white suspects? I find it strange, if not unexpected, that PC-ification more often leads to race playing a larger role in decision making instead of a lesser role.
VolMagic on December 5, 2007 at 12:34 PM
I don’t understand a word of this article, but that guy in the photo looks like a terrorist!
saint kansas on December 5, 2007 at 12:43 PM
These are groups King Downing is associated with.
Buy Danish on December 5, 2007 at 12:47 PM
What’s wrong with LEOs checking IDs in a supposedly secure area? Got something to hide?
Frozen Tex on December 5, 2007 at 12:54 PM
You’re about 40 years off there Bryan. The ACLU has been fighting commonsense security measures since their founding in the 60′s by an avowed Commie vermin.
BKennedy on December 5, 2007 at 12:56 PM
Dude, you are cruisin’ for a tasin’.
peski on December 5, 2007 at 1:15 PM
I am all for several varieties of profiling, especially at airports.
awake on December 5, 2007 at 1:17 PM
Lemme leave the racial profiling and role of the ACLU aside here and ask a coupla questions that bother me:
- The guy was in an non-secure area of an airport terminal in the US of A and he was threatened with arrest for failure to show ID. Is it a crime not to have an ID in Massachusetts? Can’t I just put on a pair of shorts and a T-shirt, hop in a cab and go to the airport with no ID in my pocket? As a matter of fact can’t I just live without an ID if I so choose?
- Have you guys ever stopped to think how much security this ID-mania gives us? I’ll tell you how much: none.
I mean, every time I go to the airport, some guy checks to see if the name on my ID and the name on my boarding pass match. Given that I can check in online and get an easily editable PDF boarding pass that I then print myself, how difficult is it for Al Qaida to produce a matching ID/boarding pass pair?
Suppose the cop sees an olive-skinned guy eyeing him nervously while talking on the phone in the terminal. He asks the guy for an ID, upon which the guy whips out his Saudi passport (with a valid US visa in it, like the 9-11 terrorists). What’s the cop’s next move? He clearly can’t arrest the guy because the guy has done nothing wrong. So has checking his ID improved security at all? No, it just gives you a false sense of security.
factoid on December 5, 2007 at 1:44 PM
Nice job as usual Bryan! I welcome “the continued assault on civil liberties”. One must always remember Spocks classic line which trumps self-righteousness and eloqently reaffirms what real humanity is all about! (paraphrase at best) “The good of the many outweighs the good of one”
dmann on December 5, 2007 at 1:48 PM
While we are at it, what’s wrong with the cops checking your papers anywhere? What’s wrong with The Man bugging your bedroom? Reading your mail? Listening to your phone calls? Searching your home (while you are not there, so as not to bother you)? What’s wrong with LEOs stopping you and asking you where you are going, how much money you have or whether you had sex in the past 24 hours? Got something to hide?
Come on, guys, are there no libertarians left?
factoid on December 5, 2007 at 1:50 PM
I have never once claimed to be a libertarian.
Frozen Tex on December 5, 2007 at 1:52 PM
Come on, guys, are there no libertarians left?
factoid on December 5, 2007 at 1:50 PM
Come up for air! Asking for ID at an international airport is a long-long way from black helicopters loitering above your house! I am continually amazed that those afflicted with BDS can still function in our society.
dmann on December 5, 2007 at 2:08 PM
“While we are at it, what’s wrong with the cops checking your papers anywhere?”
===
“Anywhere” is not “a supposedly secure area”. Are there no honest debaters left?
P.S. If you were a real libertarian, wouldn’t you support the right of the airport and its owners to enforce whatever level of security they want on their property?
Annoying Old Guy on December 5, 2007 at 2:18 PM
oh please I am white in my 40′s and have a whole lot of tattoos some even on my head and I am always asked for id and the first questions I always get is “are you on parole” and quickly followed up by “when did you get out” so basically I am being profiled so when will the aclu sue for me oh wait I forgot its ok for me to be profiled but anyone else from some self perceived ethnic underclass is taboo.
Mojack420 on December 5, 2007 at 3:29 PM
Yes. I’d throw out the TSA monkeys and permit any passenger to carry a firearm with frangible ammo.
And you bet your ass I’d be racially profiling the sh!t outta everyone…in fact, I’d hire Israeli consultants.
Ochlan on December 5, 2007 at 3:52 PM
Ochlan on December 5, 2007 at 3:52 PM
What?
VolMagic on December 5, 2007 at 3:53 PM
What?
Ochlan on December 5, 2007 at 3:59 PM
Clearly the guy was staring down the security guard and trying to act suspicious so he’d have a good story to tell at his little commie-convention…. and he succeeeded!
how do these schmucks sleep at night?
max1 on December 5, 2007 at 5:14 PM
Priceless! How hilarious is that? On his way to a meeting to discuss the very thing!
I’m all for any type of “racial” profiling, anything to make flying safer. As for the aclu, too bad. Too bad that the ISLAMOFACISTS, the MUSLIM FANATICS had to spoil the fun for everyone and put a cramp on our civil liberties. If they’d like to make it better, they should stop attacking their own country and it’s government and go after who is to blame for taking away the liberties of Americans.
4shoes on December 5, 2007 at 5:42 PM
Damned if you do, damned if you don’t!
Okay, this MAY be stretch, but when I lived in upstate NY in my teens, someone (maybe a LEO) told me that if you are over 21, you are supposed to have, on your person at all times, ID and at least $10 to prove that you are not homeless, or some such nonsense, otherwise you could be arrested for being transient. At the time, I took it very literally, but obviously as I got older, I question the validity of that memory. It would seem to be a good idea, to ALWAYS have ID, simply for accidental reasons. What if you are walking across the street and a vehicle hits you and renders you unconscious? Who they gonna call? You have no ID, no money, no way to prove who you are. So, although I condone LEOs asking for papers (hopefully for valid reasons), I also think it’s just a good idea to always carry ID.
Califemme on December 5, 2007 at 7:10 PM
My 73 year old husband has been singled out and wand searched a couple of times. I’m going to lodge an age discrimination law suit tomorrow.
jeanie on December 5, 2007 at 7:58 PM
This case Downing v. Massport is over 3 years old and the ACLU has lost at every turn to date.
His actions are what got him into trouble not his race.
MSGTAS on December 6, 2007 at 8:54 AM