Recomendación: Currículo de entrenamiento del Departamento de Policía de Austin

OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
USA
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 I FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
March 9, 2020
Brian Manley, Chief of Police
Austin Police Department
715 E. 8th Street
Austin, TX 78701
Dear Chief Manley:
As Director of the Office of Police Oversight, I am tasked with advising the City Manager on the
effectiveness and appropriateness of the Austin Police Department's officer training. As part of this charge,
I write to you today with my official recommendation that the APD Training Academy add a course to its
program that covers the history of race and policing. To support this recommendation, I am pleased to
provide you with the attached curriculum, The History of Police and Race in America.
This curriculum was developed as a collaborative effort between the OPO and the University of Texas
School of Law to teach future and current APD officers about the interconnectedness of race relations and
policing throughout the history of the United States, and throughout Austin's history specifically. Cadets
who graduate from the Academy come from varied backgrounds and join a department of nearly 2000
sworn officers who are responsible for protecting and serving Austin's residents and visitors. It is crucial,
particularly because of the varied backgrounds of both the officers and the community they serve, that the
academy offer a course through which future and current officers can think critically about their jobs, the
authority inherent to their positions, and the historical context at play during their interactions with the
public.
Through recent resolutions, city officials have made clear their goals for the future of policing in Austin.
It is incumbent, then, upon department leadership to take the necessary steps to achieve those goals. This
curriculum will aid in that effort by helping officers to better understand and empathize with community
views of policing. It is my recommendation that this curriculum be adopted in its totality by the Department,
and that it be taught by civilians with teaching experience and training in history, diversity, equity, and
inclusion.
Finally, I would like to extend my thanks to Assistant Chief Gay, who originally discussed with me the
idea of developing this course to be taught at the academy. As a result of the partnership between the OPO
and UT Law, we were able to bring Assistant Chief Gay's idea to fruition and create a substantive,
impactful course that will aid in APD's goal that Austin be "safer together."
Sincerely,
Farah C. Muscadin
Director
cc:
Spencer Cronk, City Manager
Rey Arellano, Assistant City Manager
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
2019
The History of Police and
Race in America
A CURRICULUM FOR THE APD TRAINING ACADEMY
BY DAVID GIANNAULA UNDER THE DIRECTION OF THE OFFICE OF POLICE OVERSIGHT AND
PROFESSOR JENNIFER E. LAURIN
Table of Contents
Letter to the Instructor
1
Course Description
2
Course Outline
3
Part I: Streams and Rivers Activity
4
Streams and Rivers Student Handout
6
Part II: Resource Depravation Game
7
Group 1 Instructions
9
Group 2 Instructions
10
Group 3 Instructions
11
Activity 1 Handout
12
Part III: Overview of the History of Race and Police
13
PowerPoint Presentation Slides
14
Part IV: Flash Point Activity
40
Post-Reconstruction/Jim Crow Era 1865- 1930
42
Civil Rights: The 1970s
50
Re-Entrenchment: 1980-2000
65
Part V: Final Reflection
77
Student Handout for Final Reflection
79
References
80
i
Letter to the Instructor
The materials included within this curriculum are the product of many months of
research, planning, and reflection about what to include and how to present the information
contained within. Surely, you will not have the same amount of time to dedicate to a single
course. For this reason, I wanted to begin this curriculum by laying out the thought process
behind the broader structure of the course.
First, a word about the order of the activities. This course asks students to engage with
topics that are both emotionally difficult and potentially traumatizing. Students will engage with
the troubling history of the police and race for four hours. This has the potential for students to
disengage from the material and miss out on important information. For this reason, the course is
structured to mimic a roller coaster by first priming the students to receive the material, then
giving them a burst of high-energy activity, next asking them to engage with difficult materials
in a variety of ways before finally allowing them to sit and reflect on the material they just
learned.
The first activity is meant to ground the students by demonstrating the way people form
their opinions about police by having them reflect on how they formed their own perceptions of
the police. Next, the students will play a game that is meant to be fun and to lighten the
atmosphere before the heavy material that follows. The third part is a heavy lift and covers a
mass span of history in order to provide background to the students. This section is meant to
draw the line, quite explicitly, from slavery to mass incarceration and to demonstrate the police's
historical role in this process. Then the students are asked to engage with, and present to each
other, the Austin/Texas specific history of race and police. Finally, the students will have time to
reflect on what they have learned together.
While some of the information included in this course may be covered in other parts of
the training academy, presenting all of it together and in this sequence is meant to have a very
specific impact. The students are meant to make the connection that the police have played a role
in racial violence and subjugation throughout history, which has led to a mistrust of police in the
communities they police. By demonstrating this to the students, the hope is that they will better
empathize with community members and be better equipped to change the image of police
moving forward.
There is certainly a lot of information to cover in this curriculum. There may be a
temptation to cut certain parts. It is urged that this not be done, but if it is absolutely necessary,
you as an instructor may consider cutting the first activity, and PowerPoint point slide covering
the history of Austin and Texas police
1
The History of Police and Race in America
Curriculum for the Austin Police Department Training Academy
Course Description:
This course seeks to provide historical context to interactions between future and current Austin Police
Officers' and the communities they police. The course will trace policing in America back to its origins
and demonstrate how police and race relations have been inextricably intertwined. Beginning with slave
patrols in early Colonial America and moving through to recent history, the course will explain the ways
police have been used to subjugate racial and ethnic minorities. The course will place an eye toward how
this history informs the way modern communities of color view police today. Students will learn both
about the police's historic role in this subjugation in America broadly, and Austin specifically. Students
will be asked to call into question traditional notions of police as a force for good, SO that they might
better understand and empathize with the communities whom they are or will be policing.
Goals of the Course:
Realizing that the history of police and race in America is not a subject commonly studied, this course
seeks to:
-
Inform police officers about the historical role police played in slavery, reconstruction,
segregation, the Jim Crow south, the civil rights movement, and in communities of color here in
Austin.
-
Provide police officers with historical knowledge of specific racial injustices carried out by police
both nationally and locally.
-
Foster empathy for community mistrust of police by contextualizing that mistrust.
-
Demonstrate the way historical violence and injustice can be passed down and internalized in
communities.
-
Amplify the voices of victims of past police injustices, and let their voices be heard by the police
officers soon to be entering their communities.
Structure of the Course:
This course will be a half-day course at the Austin Police Department Training Academy. Students will
engage in self-reflection on their own views of policing. They will then engage with both primary and
secondary sources outlining the history of police and race in an easily accessible manner. After learning
about the broad history of police and race relations, students will read about specific flash points in police
and race relations here in Austin and present what they learn to their peers. Finally, students will be asked
to reflect on the ways that this history will play a role in their future interactions with community
members.
2
Outline of the Course
Part I: Streams and Rivers Activity
Time:
15-20 minutes
Materials:
Student Handout (pg. 6)
Part II: Resource Depravation Game
Time:
30-35 minutes
Materials:
Student instructions for each group (pgs. 9-11)
3 Scientific Calculators
2 Slide rules
1 jar filled with 10 dollars in quarters
1 jar filled with 10 dollars in nickels and dimes
1 jar filled with 10 dollars in pennies
Part III: Overview of the History of Race and Police
Time:
1 hour
Materials:
PowerPoint Presentation
Part IV: Flash Point Activity
Time:
1.5 hours
Materials:
Enough copies of each Flash Point Packet (pgs. 42-65)
Poster boards for each group
Markers and Pens
Part V: Final Reflection
Time:
30 minutes
Materials:
Final Reflection Prompt for each student (pg. 79)
Total time:
3:45 - 4 hours
3
Part I: Reflection on students' views of police
Introduction:
This course will ask the students to critically think about the police and policing. The primary
goal of the course is to have students better understand and empathize with community views of
policing. In order to do this meaningfully it is important for the students to reflect on their own
views about policing. By thinking about, and better understanding, the ways that their own
experiences have shaped their views of policing, it is the hope that the students will be able to
understand the way the events they will learn about in subsequent parts of the class may shape
community views of police.
Essential question:
How do our lived experiences and interactions with police shape the way we view police?
Enduring Understanding:
An individual's view of the police will largely be shaped by their interactions with the police,
and what they have been told about the police. Therefore, when a community member mistrusts
the police it may have to do with their lived experiences with the police, or the stories they have
been told about the police.
Procedure:
1. Explain to students that they will learn about the history of police and race both in the
country, and here in Austin. Tell them that a major goal of engaging with this history is for
them to understand the way this history may impact the way modern communities,
specifically communities of color, view the police. In order to understand the way our lived
experiences shape our views; the students will engage in an activity meant to encourage them
to explore what has shaped their own views of police.
2. Distribute the handout entitled "Streams and Rivers: Influences of Your Views" Explain to
students that they are to fill in the smaller streams with major factors that have influenced
their views on police. Explain to the students that they may draw more streams if necessary.
Draw the students' attention to the fact that the factors should be specific enough that they
will be individual to them. You can model one to two streams yourself on an overhead
projector.
1 This handout is borrowed from CHICAGO PUBLIC SCHOOLS CURRICULUM, REPARATIONS WON: A CASE STUDY IN
POLICE TORTURE, RACISM, AND THE MOVEMENT FOR JUSTICE IN CHICAGO, 10 (2017).
4
3.
Give the students 5-10 minutes to complete the activity silently and independently. Be sure to
circle the classroom to help students if they are struggle with coming up with potential
factors by prompting them with some examples like, "Did you know anyone that made you
want to be a police officer?" or "What were you told about the police when you were young?
How did that influence your decision to become a police officer?"
4. After it appears that most students have had the chance to fill out 3-4 factors on their
handout, ask 3-4 students to share the factors that influenced their views of police.
5. Remind students that the large diversity in responses is a representation of how even in a
room full of people who decided to become police officers there are a variety of factors that
shaped their views on police. Also point out the way that specific instances in the students
past played a role (if it seems that they did) in shaping their views on police. Push the
students to consider how their views may have been different if they had not had those
experiences, or if they had different, more negative, experiences.
5
Streams and Rivers: Influences on Your Views2
Just as a river is made up from many small streams joining together, our views are made up from
many factors joining together to form an opinion about something. Some factors will have a
greater impact than others, but all of our views come from these factors in one way or another.
Some examples of factors that influence your views are:
Your personal experiences
Your personal values (think about what you think is right and wrong)
Your self-interest (what is helpful or harmful to you)
The experiences of your friends, family, or community
The news and media
This list is not exhaustive, and you may think of other factors that shape your views.
For this activity you are asked to think about the factors that shape your views on police. Each of
you, by virtue of being at this training, has chosen to be a police officer. This means at some
point you must have reflected on your views of the police to make the decision to join their
ranks. This activity asks you to be specific in thinking about what those views are, and what
caused you to have those views.
On the drawing below, fill out each smaller stream (you can draw more streams if you'd like)
with a factor that influenced your views of the police. Be sure to be specific. Don't just say "my
personal experiences". Instead say something like, "I had a positive experience when a police
officer helped me when I was 10 years old."
Your
Views
2 This handout is borrowed from CHICAGO PUBLIC SCHOOLS CURRICULUM, REPARATIONS WON: A CASE STUDY IN
POLICE TORTURE, RACISM, AND THE MOVEMENT FOR JUSTICE IN CHICAGO, 10 (2017).
6
Part II: Resource Deprivation Game
Introduction:
Now that the students are grounded in what the course will be about, you want to have them feel,
in a visceral way, the anxiety that some community members feel when they are "over policed".
This activity deals with a serious topic but should take place in a fun environment. The activity is
meant to both cause an "a'ha" moment in the participants, and to get the students moving around
because it immediately precedes an hour-long history lecture on very serious topics.
Essential Question:
How does it feel to play a game when one group of individuals is given fewer resources than
another while also being held to a higher standard for following the rules?
Enduring Understanding:
It can be incredibly frustrating and defeating to belong to a group of people who are given less
resources and have the rules enforced against them more stringently than the group they are
asked to compete against.
Procedure:
1. Students should be divided into three groups. One group will be in charge of handing out
the materials and enforcing the rules of the game (the referees). The other two groups
will
compete against one another. One of these groups will be put at a serious advantage
throughout the competition (group 2), and the other a serious disadvantage (group 3).
It
is
important to make sure that each group receives the correct instructions for the game to
have its desired effect.
2. Physically separate the three groups. Group 1 (the referees) should be at a table at the
front of the room along with the materials necessary. Group 2 (the advantaged group)
should be positioned a bit closer to the referees and the resources. Group 3 (the
disadvantaged group) should be father away from the materials and separate from Group
2.
3. Let the students know that this is a competition between groups 2 & 3. The group that
completes each activity fastest wins. Explain to the students that the game will work in
the following way:
a. There will be two rounds. Each group will read the instructions given to them at
the beginning of the round. (2 minutes).
7
b. The students will then come to the table where group 1 is set up with the materials
and request the materials they would like to complete the activity. (Only allow 2
minutes).
C. They will then try to complete the activity assigned to them as quickly as
possible. (Max time should be 5 minutes).
d. The group that finishes first will receive a point.
4. After two rounds it should be apparent that Group 2 was given a serious advantage in the
game. Provide time to facilitate a quick discussion about how Group 3 felt seeing Group
2 have distinct advantages, and to not have the same rules enforced against them. Try to
guide the students to the realization that many groups in society feels this way on a daily
basis. Due to their socio-economic circumstances it can often feel like the game is
stacked against them. Furthermore, try to drive the conversation to a discussion about
how rules aren't inherently fair just because they are rules. This should provide for some
interesting conversation around the idea of laws not always being fair, or at the very least
being designed to help certain people and not others.
a. Potential Guiding questions for the discussion:
i.
"How does it feel to have different resources when playing the same
game?"
ii.
"Do you think the rules to the game were fair? Are the rules and laws of
society always fair?"
iii. "Was it frustrating to be playing a game with unfair rules?"
iv. "How did it feel to not be given the resources you asked for?"
V.
"Did the referees feel bad about the way the game was structured?"
Materials:
3 Scientific Calculators
2 Slide rules
1 jar filled with 10 dollars in quarters
1 jar filled with 10 dollars in nickels and dimes
1 jar filled with 10 dollars in pennies
8
Group 1 Instructions
Activity #1
You have been assigned to be a "referee" during this game. These means you are in charge of
two things: giving the materials to the other groups and enforcing the rules against them.
For these activities the groups have different materials available to them and different rules that
they must follow (keep this a secret).
In the first activity the groups will be working to solve mathematical problems. When the groups
come up to select their materials to use to complete the activity you are to give the calculators to
group 2 only! Do not respond to group 3's request to receive a calculator, and only offer them
the slide rules. Do not engage with any complaints. Be firm in only giving them the slide rule.
Remind the groups that they are only allowed to use the materials given to them.
Once the game has started, it is your job to patrol the room to look for people using anything
they are not supposed to be using to complete the activity. You are to only patrol group 3,
because they are the only ones who have any incentive to cheat (group 2 already has calculators).
Group 1 Instructions
Activity #2
Just as in Activity #1, you are to act as referees. This time the two groups will be competing to
see which group can sort coins into 10 stacks worth one dollar each. When the groups come up
to select their materials only give either the jar of quarters or jar of nickels and dimes to group 2.
Group 3 is only allowed to use the jar of pennies.
As with the first activity do not give into group 3's protests of this being unfair. If you want to
say anything at all, just tell them you are just following orders.
Once the activity begins, you will need to make sure that the students are actually making stacks
of one dollar. Because it will be hard to tell with the pennies, you should focus almost all your
attention on group 3 and leave group 2 alone.
9
Group 2 Instructions
Activity #1
You have been assigned to compete in this game. These means you are trying to complete this
activity as fast as possible using the materials that you get from group 1 at the front of the room.
For this activity you are asked to solve math problems. At the front of the room there are slide
rules and calculators. You get to decide which you choose but be sure to hurry as there are only a
limited number of calculators, and the calculators will give a serious advantage to whichever
team gets them.
If everyone on your team isn't able to get a calculator, have no fear, you are free to use your cell
phone's calculator.
Good luck! And happy calculating!
Group 2 Instructions
Activity #2
Just as in Activity #1, you are competing against the other group to see who can complete the
activity the quickest. This time you will be competing to see which group can sort coins into
stacks 10 stacks worth one dollar each.
At the front of the room, group 1 has jars with different coins in them. One jar has quarters, one
jar has nickels and dimes, and the final jar has only pennies. You get to decide which jar you use,
but hurry because there is only one jar of each type of coin!
Good luck! And happy sorting!
10
Group 3 Instructions
Activity #1
You have been assigned to compete in this game. These means you are trying to complete this
activity as fast as possible using the materials that you can get from group 1 at the front of the
room.
For this activity you are asked to solve math problems. At the front of the room there are slide
rules and calculators. You get to decide which you choose but be sure to hurry as there are only a
limited number of calculators, and the calculators will give a serious advantage to whichever
team gets them.
The use of phones is strictly prohibited, and the referees will be roaming around the room to see
if anyone is cheating!
Good luck! And happy calculating!
Group 3 Instructions
Activity #2
Just as in Activity #1, you are competing against the other group to see who can complete the
activity the quickest. This time you will be competing to see which group can sort coins into
stacks 10 stacks worth one dollar each.
At the front of the room, group 1 has jars with different coins in them. One jar has quarters, one
jar has nickels and dimes, and the final jar has only pennies. You get to decide which jar you use,
but hurry because there is only one jar of each type of coin!
Good luck! And happy sorting!
11
Activity 1: Math Competition
See who can solve all the problems the quickest! Raise your hands when you are finished.
1) 14 364
2) 21 357
3) 33 627
4) 25
625
5) 17 510
6) 24 816
7) 42 588
8) 34 170
9) 18 324
10) 54
324
11) 24 672
12) 31 I 682
12
Part III: Overview of the History of Police and Race
Introduction:
The instructor should read over the power point notes as they will provide most of the guidance for how
to present the material to the students. This material covers a great deal of history. While the notes
included with the PowerPoint do provide a lot of what the instructor will need to complete the activity, a
"suggested reading" list is included at the end of these instructions. It would be greatly beneficial to the
instructor to review this material. It is also important to understand that this PowerPoint is not meant to
provide a comprehensive history of police and race in America, but instead focuses on broad strokes in
order to paint the picture that a direct line can be drawn from slavery to mass incarceration. This is not
to
suggest that this is the only reading of history, but rather to point out that this is an important reading of
history if the students are to understand the way some of the deep-seated beliefs about police in
communities of color have come about.
Essential Question:
How does the historical role that police played in enforcing racial subjugation influence the way that
modern communities of color view the police?
Enduring Understanding:
There is a direct link between historic racist policies and the police that were used to enforce them and
modern mass incarceration. While the police was historically on the wrong side of this history, it now has
the opportunity to change the narrative, and the first step in doing this is understanding its history.
Procedure:
1. Read the slide notes of the "The History of Police and Race" closely before class to be
prepared when to give students warning about sensitive material
2. Go through the presentation slowly and meaningfully. Allow students to ask questions but
remind students that this is meant to be a broad history and they will be given the opportunity
to engage with specific instances in history more in depth in the next segment of the class.
Suggested Reading:
The New Jim Crow by Michelle Alexander
Slave Patrols: Law and Violence in Virginia and the Carolinas by Sally E. Hadden
The Equal Justice Initiative Lynching Report
13
The History of Police and
Race
FROM THE ORIGINS OF POLICING TO MASS INCARCERATION
Talking Points:
-
Start by acknowledging that while the class is going to focus on troubling history, the point of
this class is not to make the cadets feel bad for wanting to become police officers, or to impugn
their character in anyway. However, it is important to understand this troubling history in order to
understand the present. The goal is to make sure the students are conscious of the history and how
it may cause people to view them. With this information they may be able to think of ways that
they can work to both counteract this historical narrative and empathize with the communities
they will be policing.
Emphasize that it is important to learn this history because whether or not it is new information to
them, it will likely not be new information for the communities they are policing. Therefore, in
order for them to come to community interactions at a more equal level they must learn this
history.
Be sure to make clear that just because the students will learn that the origins of policing were
rooted in racial subjugation, that does not necessarily explain the failings and misunderstandings
of our own times, and it is important to also engage with these failings in their own right.
However, the history may provide some insight into the historical reasons for the pattern of
racially targeted law enforcement that persists today.
14
Slave Patrols
The South's First "Police Force"
Late 1700s- Mid 1800s (First Slave Patrol=
1839]
Anti-Slavery Almanae.
19
Carolina Colony in 1704)
More similar to police forces than the
"watchmen" of the same time period
Sworn officers endowed with State
power to patrol a specific geographic
area
Main Functions:
Catch Runaway Slaves
Prevent Insurrections
Enforce the pass system
An 1839 woodcut depicts a slave patrol capturing a fugitive.
Source: Anti-Slovery Almanac/Public domain
T slove Patreis P9 110-116
Goals of the slide:
-
Students should understand that while slave patrols were not official "police forces" they are
often considered the precursor to policing in Southern America.
-
Students should understand that the historical origins of police was as a force to police people of
color who had no power or authority in society.
Talking Points:
-
By the late 18th and early 19th century many towns used a "watchmen" system of policing. These
watchmen would stay in one post and wait to be summoned. Slave patrols, which existed during
the same time, actual would go out and patrol areas. 1 They would stop blacks they came across
and demand to see a note from their owner explaining where they were going and why. If no note
was presented, the slave patrollers had the authority to administer punishment, including
whippings. 2 The nature of actively patrolling, and stopping persons more closely mimics modern
policing than the "watchmen" which is why, in the south, slave patrols are thought of as the true
precursor to modern police forces. 3
-
Slave patrols mirrored typical police officers by being sworn officers of the state who were
endowed with state authority to uphold their duty. 4
-
The main functions of the slave patrols were (1) to catch runaway slaves, (2) prevent slave
insurrections, and (3) to enforce the "pass system of travel".
-
This third category merits some explaining. The pass system was a system put into place to exert
absolute control over slave's movement. If a slave wanted to leave the plantation worked, he
would have to carry a note from his overseer with him that gave him permission to be off the
plantation. These notes would be checked by slave patrols if they ever encountered a black person
walking around. This would typically bring in two problems. First, sometimes the slave patroller
15
wouldn't believe the note and would administer punishment (in most of the colonies/states this
would include whipping). Second, there were many free blacks in the south. For obvious reasons,
these individuals would not have notes from an overseer because they had no overseer. If a slave
patrol stopped them and accused them of being a slave who was traveling without permission,
they could be punished, and sometimes put back onto a plantation.
As an additional note, slave patrollers were often in charge of typical "law enforcement" duties as
well. This had to do with two facts. First, southern whites largely had the sentiment that blacks
were only capable of crime, and SO it was natural that the force that oversaw interactions with
southern blacks would also be in charge of "law enforcement" duties more generally. 5 Second, in
certain cities, like Richmond, Virginia for example, the people actually preferred slave patrols
over police.' 6
16
Slave Patrols to Formal Police Depts.
The Creation of Southern Police Forces
As urban centers grow police forces are created
Many times the slave patrols stayed in existence
Slave patrols end with the end of the civilwar
Replaced with police departments
Former legal function Police Department
Slave Patrol methods of intimidation
Vigilante Groups (KKK)
Police forces still didn't view freed blacks fairly
1 Slove Petrols P9 103
Goals of the Slide:
-
Students should understand the transformation of slave patrols into formalized police forces and
how the remnants of the slave patrol system influenced police forces.
Talking Points:
-
The growth of urban centers in the south after the civil war is what led to the creation of
formalized police forces. The slave patrols were not equipped to deal with the new increase in
crime that came with urban density. Most of this density happened after the civil war with the
increase in migration by newly freed blacks to urban centers.7 However, some urban crowding
happened prior to end of the civil war, and likewise led to the creation of formal police
departments. 8 In these cases, the slave patrols often stayed in existence or even expanded.
With emancipation there was no longer any need for slave patrols. However, the mindset toward
blacks in the country did not magically change overnight. 10 The association
between
blacks
and
criminality was built up over many generations and was not something that would go away
easily. 11 Therefore, the mentality that was inherent in the slave patrol system, namely the fear of
black uprising and black criminality, led many southerners to continue controlling black lives as
they always had. 12 In fact, the anxieties whites felt about wanting to exert control over blacks
increased after the civil war. 13
This desire led to the implementation of the very same pass system that was used under slavery
by the post-civil war police forces, and the movement of blacks was once again severely
restricted. 14
-
These anxieties also led many southern whites want to continue using the same tactics they had
under the slave patrol system. Namely roaming at night, and intimidating blacks.
-
Southern whites had three typical ways of acting on these desires¹5:
17
1.
Developing agricultural associations that would refuse to sell land to blacks, and would
refuse to try to incentivize any sharecroppers from switching farms by offering better pay
or working conditions.
2.
Establishing "Gun Clubs". These gun clubs were essentially all white militias who
practiced and trained with their guns publically in order to intimidate blacks.
3. Forming "vigilante groups" such as the Ku Klux Klan. These groups were often made up
of veteran confederate soldiers, and former slave patrols. They would rob and loot the
homes of blacks, and sometimes the intimidation would go SO far as lynching. 16 In some
places sheriff's deputies and local officials were members of the Klan.
17
In sum the formal police departments largely replaced the law enforcement functions of the slave
patrols, while the intimidation and exertion of control over black lives was picked up by vigilante
groups such as the KKK.
18
Early Texas Police Departments
1823 = Texas Rangers formed
1840 - Austin's first City Marshal elected
1862 - Ordinance establishing Police Department and the
position of chief of police
1871 - John Goodman and Charles Wilburn, the city's first
two African American police officers put on the force
1875 - Cornellus Fahey becomes first police officer killed in
the line of duty
1919- Mrs. F. Buchner becomes first woman on the force
1924 - Austin Police Department replaces the Town Marshal
system
Goals of the slide:
-
Provide a brief background of the history of the Texas Police and the Austin Police Department
Talking Points:
Texas Rangers18.
-
The Texas Rangers were created in 1823. They were not officially recognized in legislation until
1874.
-
They are largely thought of as the very first state police agency.
-
Created when Stephen F. Austin sent a proclamation to Land Commissioner Baron de Bastrop
and asked to employ 10 men to serve as rangers.
-
The rangers were primarily concerned with battling the Comanche Indian, and protecting the land
that the settlers had taken from the Comanche.
City Marshal19:
-
In Austin's early history laws were enforced by a City Marshal and not a police department
-
One such law that the city marshal enforced was the slave curfew
-
This was an elected position as opposed to an appointed position
-
Austin's first city marshal was elected in 1840, which was just after the city was officially
founded (keep in mind this doesn't mean that slave patrols weren't active in Texas. They were.)
Ordinance Establishing the Police department ²0:
-
The original force only had 4 officers on it.
19
-
The force was increased to 7 in 1871 (which was also when the first two African American
officers joined the police).
-
In 1919 the first woman joined the force.
Creation of the Austin Police Department:
-
The department was created in 1924; this also changed the position of Chief of Police from an
elected position to an appointed position.
20
Terror Lynchings
Terror lynchings:
lynchings that resulted from a wildly distorted fear of
interracial sex:
lynchings in response to casual social transgressions;
lynchings based on allegations of serious violent crime;
public spectacle lynchings;
lynchings that escalated into large-scale violence
targeting the entire African American community; and
lynchings of sharecroppers, ministers, and community
leaders who resisted mistreatment
Terror lynchingsused as a tool to enforce Jim Crow and
white supremacy
Men and boys pose beneath the body of Lige Daniels, a
black mon, shortly after he was lynched on August 3. 1920, in
Center, Texas
James Allen ed., et al. Without Sanctuary Lynching Photography in
America Sonto Fe. NM: Twin Palms Publishers 2000). 117-118
Goals of the Slide:
-
Provide statistics for lynchings in the reconstruction period.
-
Discuss the broader effects that lynching had on black communities.
-
Describe the pivotal role that lynching played in establishing white supremacy in post-civil war
America.
Talking points:
Framing the conversation:
-
It is important to begin by letting students know that this slide and the next will contain
information that can be incredibly hard to hear, and that it may cause different emotional
responses in different students. It is understandable that some may be uncomfortable with what
they hear. Part of the purpose of the slides is to put us in the uncomfortable position of
confronting our country's violent history. It is important to understand this history because it still
shapes race relations to this day.
-
It is also important to emphasize that these two slides are not nearly enough time to give the
subject of lynching in America the amount of attention it deserves. Encourage students to read the
Equal Justice Initiative's report on lynching21 in order to have a more complete understanding of
the devastating impact lynching had on America.
Slide Points:
-
The lynchings this slide focuses on are what the Equal Justice Initiative refers to as "terror
lynchings".
21
-
Terror lynchings are separate and apart from mob violence resulting in hangings. They are
characterized by not being aimed at punishing someone, but rather at instilling fear into the entire
black community.
-
These acts of terror were carried out with no punishment for the perpetrators, and in fact the
lynchings were often attended by the entire white community, including police officers.
-
Even where police officers were not specifically in attendance, they implicitly sanctioned these
terror lynchings by not attempting to intervene, and not subsequently investigating or arresting
the perpetrators.
-
Lynchings were SO effective at placing fear into black communities that they actually influenced
the country's demographics by causing southern blacks to move north in order to escape the
violence.
-
It is important to note that this system of violence was indeed a system and not a series of one-off
acts of violence. Understanding that the terror lynchings were a systematic method of exerting
control over black populations allows us to better understand the structural racism that has
continued forward into modern times.
22
22
Lynching Statistics
In 12 southern states there
were 4084 terror lynchings
between 1877 - 1950
More than 300 terror
lynchings in other states
between 1877 - 1950 1
73 % of lynchings in the
post-Civil War period
occurred in Southern States
2
1. Equel Justice Initialive Report on Lynchings
2. "Lynching Whites and Negroes 1852-1948 Tuskegee
Source: Library of Congress
institute
Goal of the slide:
-
To demonstrate the large number of individuals who were impacted by terror lynchings
-
To demonstrate that while lynchings happened all over the country they were more highly
concentrated in the south.
23
Lynching Statistics for Texas
493 people were lynched in Texas b/w
1882-1962
71% of people lynched were African
American
African Americans only made up 17% of
the state's population
Three People were lynched in Travis
County in 18942
Jesse Washington was burned before a crowd of
thousands in Waco Texas, in 1916.
(Library of Congress/Getty/mages)
1 - Tuskegee institute
2. Equal Justice Initiative - Mistorical Marker Dedicated to
Lynching Visitime in Audin Texas
Goals of the slide:
- Provide context for lynching in Texas by giving students some data of lynching in Texas.
24
The Role of Police in Lynchings in Texas
Lynchings committed by police officers as result of
accusations regarding white female relatives of law
enforcement
Lynching of Henry Smith in Paris, Texas attended by 15,000
people
Lynching of the Arthur Brothers and the Raping of the Arthur
Sisters in Paris, Texas
Lynching of George Hughes in Sherman, Texas
Roughly 50% of threatened lynchings prevented by
intervention of police
Law enforcement turn a blind eye or actively participate
Artist Isamu Noguchi's representation of the
charred remains of George Hughes
Goals of the slide:
-
Focus specifically on the ways that police were complicit in lynchings.
Students should see how police complicity in lynchings was a direct result of broader sentiments
of white southerners towards blacks during this period.
-
This slide should disrupt the narrative that police are neutral actors in American society and
demonstrate how during this time period the police were often agents of white supremacy.
Students should also learn about some examples where police officers stood up and did the right
thing to help prevent lynchings, and how these instances demonstrate the power they will have in
their hands when they make choices going forward.
Talking Points:
Law enforcement officers were not just impotent in their ability to stop these lynchings, rather in
the 6 instances in Texas where an accusation was made regarding a white female relative of law
enforcement, the law enforcement officers actively participated in and oversaw the lynchings.
Several of these instances involved prolonged torture of the victims23.
These were not instances of "one bad cop". In the case of the lynching of Henry Smith in 1893,
who was accused of the rape and murder of the local sheriff's daughter, the sheriff himself
ordered the lynching. Despite the town only having a population of 8,000 more than 15,000
people attended the spectacle lynching. This shows that there was general acceptance of the
violence by both regular citizens and law enforcement agencies in the region. 24
In 1920, less than 30 years after the lynching of Henry Smith, two brothers, Irving and Herman
Arthur, worked on a white farm where they were abused regularly. When they tried to leave, the
white farm owner shot at them. He later claimed that he was injured by the Arthur brothers. The
25
two men were arrested, jailed, and had their lynching posted about in the town. They were
tortured and burned to death as a mob of 3,000 people watched. Afterwards, they had their bodies
driven through the black community for hours. The police actively facilitated this lynching,
despite later finding that the two men were guilty of no crime. What is more, is while the two
brothers were brutally killed, their sisters were detained in the jail. While there, they were beaten,
and gang raped by 20 white men. 25 It is hard to believe that none of the men who attacked the
sisters were city or jail officials.
The lynching of George Hughes in the 1930s demonstrated that the police had the power to stop
lynchings when they wanted to. George Hughes was a sharecropper who was owed $6 by Drew
Farlow. Farlow's wife was the niece of a powerful law enforcement officer. Hughes went to
Farlow's house to collect the $6 but found only Farlow's wife, who turned him away. Later
Farlow's wife alleged that Hughes returned an hour later to rape her, though the black community
of Sherman was convinced that this was a story made up by her husband to get out of paying
Hughes his $6. 26 Hughes was never put on trial, instead a mob attempted to lynch him. The first
time this happened the police successfully kept the mob at bay by firing shots into the air. 27
However, two days later the police did no such thing when another mob showed up, burned
Hughes to death, dragged his charred remains through the community and then displayed his
remains in front of a Black church. 28
When police did intervene, they intervened with great success. Nearly 50% of threatened
lynchings were prevented by police intervention. 29 This demonstrates that police officers do
indeed wield a great amount of power in society, and that when they choose to wield that power
in the morally correct way, they can be a force for good. Unfortunately, too often during this time
period the police did not choose to intervene in order to prevent lynchings, but rather turned a
blind eye, or worse, actively participated in the lynchings.
30
The fact that historically police often chose the wrong course by participating in terrorizing
southern blacks means that police to this day must live and deal with this legacy. This fear and
mistrust are not something that go away easily. As police officers, it is important to understand
this fear and mistrust because in some ways it still informs police and community relations to this
day.
26
Black Codes and Post-Reconstruction
Laws designed specifically to place
blacks into a controllable status forever
Laws pertaining to trivial behavior,
aimed solely at blacks
Led to disproportionate arrests and
convictions of blacks
Convict Leasing. 2
"a generation of black prisoners would
suffer and die under conditions far worse
than anything they had ever
experienced as slaves"3
State Archives of Florida, Florida Memory
1 slove Patreis P9 113
Id
Equal Judice Initiative Lynching Reportip 34
Goals of the Slide:
-
Students will understand how a system of laws aimed at placing free blacks back onto the very
plantations from which they were just freed was put in place after reconstruction ended.
-
Students will understand how the black codes were the first step in using the criminal justice
system to economically and politically dominate African Americans.
Talking Points:
-
After the northern military forces left the south, in a time period known as "post-reconstruction,"
southern whites used this opportunity to reinstate their white supremacy and subjugation of the
newly freed blacks. 31
-
The goal of the southern whites was three-fold: the political domination of blacks, the economic
domination of blacks, and the social domination of blacks. 32
-
These three goals were largely attained via the enacting of "black codes". Black codes were laws
enacted by southern governments that were aimed at controlling every aspect of black peoples'
lives.
-
Examples:
-
Vagrancy laws. Laws that required all blacks to be working. Because most of the
employers who were available to blacks in the south were white plantation owners these
laws required the freed slaves to return back to plantations. Vagrancy laws meant blacks
always had to be employed, or else they faced being arrested and leased out to work on
plantations. This gave the white plantation owners incredible bargaining power and
meant that they could force blacks to work in deplorable conditions with no real option of
finding different employment.
27
-
Poll taxes. Laws that required blacks to pay a substantial amount of money to vote.
These laws were often coupled with the purging of blacks from voter rolls, like
Mississippi did in 1890. 33 The passing of such laws disenfranchised black voters and put
a major economic barrier on their ability to re-register to vote. These laws were passed in
response to the large number of blacks who were elected to office after the passing of the
15th Amendment, which gave black men the right to vote.
-
Anti-miscegenation laws. Laws that barred the marriage of whites and blacks. These
laws were clearly meant to control the social lives of blacks. They were rooted in the fear
that many white southerners had about interracial sex. These same fears also led to many
lynchings where a black man expressed any indication of wanting contact with a white
woman. 34
Convict Leasing:
-
Convict leasing was the practice of selling prisoner labor to private interests. Many times,
these private interests were the same plantations that the freedman worked on as slaves.
This process was even more grim because now the men were not only put to work
without any wages, but also the state was profiting of their labor by charging private
interests to use the convicts. 35
-
Convict leasing relied on the clause of the 13th Amendment which abolished slavery and
indentured slavery "except as punishment for crime".
-
A disproportionate number of black convicts were leased out under this system as
compared to white convicts. 36
-
Of the leased convicts who died while working, almost all of them were black.
-
This system incentivized, for obvious reasons, police to arrest blacks. This incentive led
to a higher percentage of blacks being arrested, and in some instances a higher number of
blacks being arrested despite black not representing a majority of the population.
38
-
The black workers faced conditions that were often far worse than what they had ever
faced under slavery. 39
-
In many ways this system "legitimized excessive punishment and abuse of African
Americans.
28
Specific Black Codes of Austin, Texas
Negra White License
1967
The
Aardam
-
Juneteenth and General order No. 3
June 27, 1865 City CouncilMeeting
Negro and White
Anti-Miscegenation Law in place until Supreme Court ruled
Are Given License
such laws illegal
County Clerk Emble the Suprome
Tuesday
haved
the
Smith
the
Supervis
Court
marriage license for relet
specifically
The construction of the Texas State Capitol
and
while
person
state
history at Travis County
A penal providing rill the
******* books Jorbid marriage
Spain
if
the
belvers Negraes and
THS
be
the
us
Court
are
is
Jam
that
(arbidding
marriages
alardered
hazis
The
Ton
you
County
May.
Rob
the
mounty
clerk's
any
white
person
Negra
knowledge interruary with
marriage Beness will the other in this state. or
b struck dawn Texas marthaving to interesties is or
abead dak state was restinee
Goals of the Slide
-
To draw attention to some of the ways the information from the previous slide manifested itself in
Texas.
Talking Points:
-
Juneteenth is the name given to June 19, 1865, which officially marked the end of slavery in
Texas. Texas was the last state in the United States to have legalized slavery. This was done by
the reading of General Order No. 3 by a Union Major General. This order freed the 250,000
slaves that were living in Texas. However, General Order No. 3 also limited the newly freed
slaves' movement and freedom of assembly. 41
-
General Order No. 3 required that all black people be employed, and that they should either be at
work or at home. This meant that the newly freed blacks were not allowed to assemble. The
Order also gave the provost marshals (early law enforcement) the order of using "every means in
their power" to enforce these provisions, demonstrating that the police were to play the role of
enforcing this racial subjugation. 42
-
Austin was quick to follow the General Order and passed its own ordinances that resembled the
instructions for controlling blacks described in General Order No. 3. 43
-
Less than 10 days after emancipation reached Texas, the Austin City Council met to discuss
expanding their police force. 44 This demonstrates, rather explicitly, the fact that the police were
originally expanded and strengthened in order to be a force to control black populations.
-
Vagrancy laws:
29
-
The city of Austin passed its own vagrancy laws, and when these laws were violated
imposed heavy fines. If these fines could not be paid then the "offender" could be leased
out to the lowest bidder. 45
-
The State relied on this labor in its construction projects, including the construction of the
State Capitol.46 46
-
Anti-Miscegenation Laws
-
Travis County also enacted an anti-miscegenation law, which was in effect until the
Supreme Court struck similar laws in other states down.
-
The first marriage certificate for an interracial coupled wasn't issued in Travis County
until 1967.
30
Jim Crow Era
Plessy V. Ferguson - "separate but
equal"
WHITE
COLORED
African American's report having
"morbid fear of policemen"
The terror of lynchings carried forward
and caused many African Americans
to fear all white people 2
1 Block and Blue P9 743
2 ld
Goals of the Slide:
-
Provide a quick overview of the Jim Crow south and the lasting impressions that this era left on
people of color with respect to police
Talking Points:
-
Know that this slide is not meant to be an exhaustive history of the Jim Crow era. An entire unit
could be dedicated to such a time period. Instead this slide is concerned specifically with giving a
brief overview of what is meant by "Jim Crow" and to specifically talk about the sentiments that
communities of color felt toward police during this time period.
The Jim Crow era in the south is typically thought of as the era in American history where legal
segregation (de jure segregation) took its grip on the country. Many of these segregation laws
were passed immediately after the end of Slavery, but really came into effect in the 1890s.
In 1896 the Supreme Court decided the case Plessy V. Ferguson which created the "separate but
equal" doctrine that legalized segregation throughout the country. This doctrine stayed in effect
until the Supreme Court overruled it in Brown V. Board of Education by holding that separate
could never truly be equal.
The segregation of blacks and whites had an impact on every aspect of people's lives. They were
not able to travel in the same sections of buses, eat in the same restaurants, frequent the same
pools, stay in the same hotels, or drink from the same water fountains. Because this segregation
was enforced using laws, the police played a major role in enforcing the segregation.
Blacks and whites were arrested for doing things as trivial as talking to each other while walking
down the street. 47
31
-
The police played such a role in enforcing this segregation that some blacks reported having a
"morbid fear of policemen". 48
Often lynching was used to enforce segregation, and this lynching caused many blacks to fear all
whites. 49
32
Civil Rights Movement
Grassroots movement led by
communities of color
Pushed back against Jim Crow laws
by organizing protests throughout the
south and the north
Police and African Americans
relationship was "abrasive"
Rlot in almost every major city in
America b/w 1964 and 1968
A17-year-old civil rights demonstratoris attacked by a police dog on
May 3. 1963, Bimmingham, Alabama
AP PHOTO/BILL HUDSON
Goals of the Slide:
-
Provide a brief overview of the civil rights movement with a specific focus on the role the police
played during this time period and the views that many communities of color had toward the
police.
-
Students should understand that while not all cops were actively racist or in agreeance with the
segregationist policies during this time, the role they played by and large was enforcing these
laws that were rooted in a system of racism.
Talking points:
-
As with the previous slide, it is important to emphasize that one slide is not nearly enough time to
discuss the civil rights movements. Entire courses have been developed around this time period.
While this topic deserves its own space, it is important to emphasize that the purpose of this
discussion is to draw a line forward from the past in order to better understand modern police-
community relations. The civil rights era is an important point on this line because it represents
how the post-reconstruction reaction to freed blacks, and the onset of the Jim Crow era was
actively resisted by communities of color, even as the states, often through the use of the police,
clung desperately to the system.
-
This time period is defined by the protest movement that came out of it. These protests revolved
around resisting the segregationist policies and laws of the country. Often the protests would
erupt into violence and riots. Between 1964 and 1968 almost every major city in America had a
riot.
50
-
These protestors were often met with violence by both white citizens and police officers. As
depicted on the slide, police would often use dogs and fire hoses in order to subdue the protestors.
33
-
These interactions caused many to describe the relationship between police and African
Americans of the time as "abrasive".51
While this time period certainly deserves a more in depth conversation, reassure students that
they will have time to engage with some of the more important moments of the civil rights
movement for the city of Austin in the next activity.
34
IS THIS "JUSTICE'?
7 shocking facts about America's prison system
The US accounts for
1 in 15 black men
THE BILL:
5% of global population
US taxpayers pay
Mass Incarceration
but houses
$69bn
each year
25%
to maintain the
is behind bars
prison system
One in 13 African Americans is unable to vote
of the world's prisoners
due laws that core the right TO vote to ea delons
Arrusts of black adults
There are more African Americans
on drug charges are 2.8
in prison or jal. on parole or on
5.5 times higher
probation today than there were
white adults, despite
slaves in 1850
similar use rales
It costs nearly four times as much to keep an inmate in jail
for a year as it costs to send a child to school
AVAAZ.org
Goals of the Slide (applies to the next three slides as well):
-
Students should understand the disparities in incarceration between whites and people of color,
paying specific attention to the extreme disparity between blacks and all other racial and ethnic
groups.
-
Students should understand that the United States has 25% of the worlds prisoners despite making
up only 5% of the global population.
-
Students should understand that some scholars consider the mass incarceration of black people
the "new Jim Crow" because it functions to separate black individuals, specifically black males,
from the rest of society and to disenfranchise them
Talking Points:
-
To begin this set of slides, the instructor should lay out what "mass incarceration" is by
introducing the students to the statistics contained in the first infographic. This infographic
demonstrates how the United States stands out by incarcerating more people per capita than any
other country in the world.
-
The instructor should draw attention to the fact that 1 in 13 African Americans is unable to vote
due to their status as a felon. The connection should be made for the students, if they do not
make it themselves, to the way poll taxes in the post-reconstruction similarly served as a way of
disenfranchising blacks. This is one reason why some scholars refer to mass incarceration as the
"new Jim Crow."52
-
The second graph demonstrates that Texas out paces even the United States with its incarceration
rates. This is particularly significant given the extremely large population of Texas (~28 million).
If Texas were to implement major reforms that reduced its incarceration rates it could help to
skew the nations statistics greatly.
35
-
The third graph is rather self-explanatory, but the instructor should ask the students about what
connection they can make to the arrest and conviction rates of the post-reconstruction era that
were discussed earlier in the presentation. The instructor should try to guide the students to the
realization that throughout the history they have learned SO far, the unfounded stereotype of
blacks has been that they are only capable of crime. Ask the students how they think that
mentality that was explicitly articulated in the country's early history may be impacting
incarceration rates today.
The final chart should be shown to demonstrate how Texas generally conforms to the rest of the
country by incarcerating more blacks, but students should be asked to share why they think the
rates do not mirror the rest of the country for Latinos.
36
Mass Incarceration
INCARCERATION RATES
COMPARING TEXAS
AND FOUNDING NATO COUNTRIES
Texas
United States
699
United Kingdom
DE
Portugal
129
Luxembourg
125
Canada
ELA
France
102
Italy
W
Belgium
Norway
Netherlands
Denmark
Iceland
Incarceration rotes per 100,000 population
United States incarceration rates by race and ethnicity, 2010
(number of people incorcerated per 100,000 people in that group)
2,207
2,000
Mass
Incarceration
1,000
966
380
0
White
Lotino
Black
Soame Calculated hy the Primon Policy Initiative trues Bureau at Justice Statistics, Correctional Population in
the U.S. 2010 & U.S Creses 2000 Semmary File a
37
TEXAS INCARCERATION RATES
BY RACE/ETHNICITY, 2010
(Number of people incarrected per 3041J001 people 21 that racial/ethnic group)
3.200
2.855
Mass
2,400
Incarceration
1,600
972
768
800
D
White
Hapanic
Block
PRISON
Source Calculated from U.S. CERTIFICATE SCID Surgery Fix populations 350 all types of contractoral facilities Ins
state. including federal and waste prisoni, local at Startatics for White are for Non Hiponic White
1
Stephen L. Carter, Opinion, Policing and Oppression Have a Long History, BLOOMBERG OPINION, Oct. 29, 2015,
https://www.bloomberg.com/opinion/articles/2015-10-29/policing-and-oppression-have-a-long-history#footnote-
1446147495376. (hereinafter Policing and Oppression)
2 SALLY E. HADDEN, SLAVE PATROLS LAW AND VIOLENCE IN VIRGINIA AND THE COLONIES, 20 (2001) (hereinafter
Slave Patrols).
3 Policing and Oppression, supra note 1.
4 Slave Patrols, supra note 2, at 77.
5 HOWARD RABINOWITZ, RACE RELATIONS IN THE URBAN SOUTH: 1865-1890, 42 (1978) (hereinafter Race
Relations).
6 Policing and Oppression, supra note 1.
7 Race Relations, supra note 5, at 3
8 Slave Patrols, supra note 2.
9 Id.
10
Id. at 168.
11 Race Relations, supra note 5, at 42
12
Slave Patrols at 192
13
Id. at 168
14 Id. at 192
15 Id. at 205
16 Id. at 206
17 Id. at 210.
18
LARRY K. GAINES & VICTOR E. KAPPELER, POLICING IN AMERICA, 72 (7th ed. 2011). (hereinafter Policing in
America).
19 BOB RESCOLA ET AL., AUSTIN HISTORY CENTER, AUSTIN POLICE DEPARTMENT GUIDE, 3 (2018).
20
Id.
21
EQUAL JUSTICE INITIATIVE, LYNCHING IN AMERICA: CONFRONTING THE LEGACY OF RACIAL TERROR (3d ed.,
2017). https://lynchinginamerica.eji.org/report/ (hereinafter Lynching in America).
22 Hollie A. Teague, Black and Blue in North Texas: The Long Neglected History of Anti-Black Police Violence in
North Texas, 1880-1930, 49(8) J. OF BLACK STUD. 756, 758 (2018). (hereinafter Black and Blue).
23
Id. at 764
38
24 Id. at 765
25 Lynching in America, supra note 20, at 36-37.
26 Black and Blue, supra note 21, at 766
27 Id.
28 Id. at 767
29 Id. at 768
30 Id. at 773
31 Lynching in America, supra note 20, at 22
32 Id.
33 Id.
34 Id. at 30
35 Race Relations, supra note 5, at 139
36 Id. at 150 (217/222 convicts hired out were black in 1879 Virginia; 1,526 leased convicts were black compared to
140 white in 1890 Georgia).
37 Id.
38 Id. at 43
39 Lynching in America, supra note 20, at 24.
40 Id.
41 KEVIN MICHAEL FOSTER, INSTITUTE FOR URBAN POLICY RESEARCH & ANALYSIS, DESTRUCTION OF BLACK
COMMUNITIES IN THE NAME OF PROGRESS, THE CASE OF AUSTIN, 1865-1928, 3 (2019). (hereinafter Destruction of
Black Communities).
42 Id.
43 Id.
44 Id.
45 Id.
46 Id.
47 Lynching in America, supra note 20, at 25.
48 Black and Blue, supra note 21, at 763
49 Id.
50
Policing in America, supra note 17, at 81.
51
Id. at 82
52
MICHELLE ALEXANDER, THE NEW JIM CROW (2010).
39
Part IV: Flash Point Activity
Introduction:
This activity will ask students to engage with specific flash points between the police and communities of
Austin from post-reconstruction up through recent history. Some of the stories involve tragedy, and
almost all place the police in the role of the agitator. These stories may be hard for the students to deal
with. This activity will ask the students to call into question their traditional notions of police as a force
for good. While this may be hard for them to do, it is exactly the point of the activity. However, it is
important for the instructor to understand that the students will have a diverse background, and the stories
will impact the students in different ways. Some of the students may even have personal experience with
the stories covered. The challenge will be for the instructor to encourage the students to engage fully with
the material while also supporting them emotionally.
Essential Question:
What role did the police play in each of these "flash points," and how would that role be a factor in a
hypothetical community member's views on police?
Enduring Understanding:
In Austin, the police and the community have had a long and trying history. There is a mistrust of the
police, and that mistrust largely comes from the historical moments where certain groups of residents
have not felt like the police have adequately represented their interests.
Procedure:
1. Divide the class into 3 groups (ideally with 10 or less students).
2. Assign each group a time period (Re-entrenchment, Reconstruction/Jim Crow, or the 1970s).
3.
Instruct students to read the packets silently and independently. Be sure to tell the students
that they are not expected to read the newspaper articles in full, but that they are included
only to demonstrate the way the events were perceived by the city.
4. Explain to the students that after reading the packets and discussing the "questions to
consider" they are to make a poster and prepare a presentation explaining the materials they
read about.
5. Be sure to circulate throughout the room to answer any questions that they students may have
as they complete their posters.
40
6. While the students are presenting be sure to strictly limit each groups presentation time SO
that there is enough time for other students to ask questions, and for every group to present.
Materials:
Enough copies of each Flash Point Packet for each student
2 poster boards for each group
Markers and Pens
41
The History of Race and Police: Post-Reconstruction/Jim Crow Era
1865- 1930
Immediately after the civil war, former slaves made a great deal of progress in the United
States. With the northern army still occupying southern states, in an era known as
"Reconstruction," the southern states were forced to accept the fact that their former slaves were
now free. This time period saw the passing of the 13th, 14th, and 15th amendments to the
constitution. These amendments abolished slavery, guaranteed citizenship to anyone born on
American soil, and secured the right to vote to all men. 1 This time period also saw many former
slaves be elected to Congress and local office. 2 Notably for the APD, the first two African
American police officers were hired during this time period. 3
This time of progress was not welcomed by southern whites. Many southern whites had
grown accustomed to profiting off of free labor, and had largely internalized their beliefs about
white superiority, in part at least, to justify the subjugation of an entire race of people. 4 The
words of the 13th amendment foreshadowed the eventual push back to this progress. The 13th
amendment says, in its relevant portion, "[n]either slavery nor involuntary servitude, except as a
punishment for crime [ ], shall exist within the United States. ,,5 Whether intentional or not, the
southern states saw the clause "except as a punishment for crime" as a loop hole they were more
than willing to exploit. 6
After the northern forces left the south, there was a large scale introduction of what are
now known as "black codes." Black codes were laws that were passed and enforced with the
specific intention of imprisoning former slaves and then putting them back to work on the very
plantations they worked as slaves, only this time they were unpaid prisoners instead of unpaid
slaves. 8 One example of such "black codes" was vagrancy laws. These laws required that all
blacks have employment as a sharecropper, or otherwise, typically for a white landowner. If they
didn't have employment, they could be arrested for vagrancy, put into prison, and then leased out
to farms as free labor.9 Another example of such laws were "poll taxes.' These were charges
that southern blacks would have to pay in order to vote. The cost of these poll taxes made voting
cost prohibitive and thus disenfranchised many blacks. The police played a pivotal role in this
new form of putting free blacks back into forced labor by enforcing these black codes, and
arresting free blacks.
This time period also marked the rise of lynchings as way to intimidate free blacks into
accepting their inferior place in society, and to not exercising their freedoms. 11 Police played a
role in this as well by not attempting to prevent the lynchings, and by not arresting the murders.
Sometimes the police even actively participated in the lynchings. 12 From 1882-1962, 493 people
were lynched in Texas, with 71% of them being African Americans despite only making up 17%
of the population. 13
This era is also marked by the advent of segregation, and the Jim Crow laws that were
accepted as constitutional when the Plessy V. Ferguson case ruled that "separate but equal"
treatment was constitutional under the 14th amendment's equal protection clause. 14
42
During this time period in Austin there were many flash points, and there were many
freed blacks who were killed. For this activity we will focus on two major "flash points" in
Austin's history.
Flash points to be covered:
-
The 1906 Street Car Boycott
-
The 1928 City Plan which laid out the way that Austin could effectively segregate the
city by moving minorities into the eastern half of the city
Instructions:
1. Read the following summaries of events and the corresponding news articles silently and
independently
2. Answer and discuss the "Questions to Consider" as a group
3. Use the poster board and markers to make a poster to present to the rest of the class what
you have learned
4. Decide who will present what points, but be sure to not leave out any of the "Flash
Points"
43
FLASH POINT #1
Questions to Consider:
1. What did you think about the discussion of introducing a law to in order to prosecute
individuals who were trying to recruit others to the streetcar boycott? Do you think if
such a law were passed, the officers who were asked to enforce it would view their
position in the system as just "doing their job"? If yes, should they have viewed it
differently?
2. What was your reaction to the fact that the boycott stopped once the order went into
place? Why do you think this happened?
The 1906 Streetcar Boycott
In early 1906, Austin joined many other southern cities by passing an ordinance
segregating its electric street cars. 15 The electric street cars were the main form of transportation
here in Austin in the late 19th and early 20th centuries. Many people used them to get to and from
work. The ordinance ordered that there would be separate cars for black and white riders. 16 It
also gave the conductors police powers to enforce the ordinance. Any violation would result in a
misdemeanor charge and a fine from anywhere between $10-100. 17 This translates to roughly
$250-2,500 in modern times. 18
As a response to the ordinance, black community leaders organized a near complete
boycott of the streetcars in the months leading up to its implementation. 19 Reporting from the
time shows that the boycott was joined with near ubiquity. 20 One report showed that almost no
African American passengers were riding the cars. Interestingly, in the same article the reporter
discussed that police would be investigating African Americans who they deemed to be
"intimidating" other African Americans into joining the boycott.2 21 Additionally, it was proposed
that the city pass a separate ordinance making it illegal to for African Americans to prevent other
African Americans from riding the street cars. 22 It can be seen how easily such a law could be
abused and used to arrest protestors. This demonstrates the police's rather explicit role in
maintaining the order proposed by the city officials.
The protesters went SO far as to try to establish their own alternative means of public
transportation. 23 Protest leaders used a network of carriages and wagons driven by African
Americans for a reduced fair to provide transportation to protestors who didn't want to, or could
not
walk.
24 Interestingly, the boycott stopped when the ordinance took place. 25 This is likely due
not to an acceptance of the ordinance, but rather a realization that with their limited power in
society the protest was not going to cause a change.
The fact that the African Americans of Austin never accepted the ordinance as fair or just
is exemplified by the countless subversions of the law throughout the early 20th century. 26 One of
the bigger instances of this subversion happened in 1925 when a local black woman, Willie Mae
Cavaniss, was charged and fined for deliberately sitting too far forward in the street car.
Additionally, in 1929 two black men were brought before a court and were found to have
willfully and intentionally violated the streetcar ordinance. 27
44
News Coverage:
BOYCOTT ORDINANCE MAY BE INTRODUCED: NEGROES
BOYCOTT ORDINANCE
MAY BE INTRODUCED
NEGROES OPPOSED TO JIM CROW
LAW INTIMIDATE OTHERS OF
who were on the cars and tell them
THEIR RACE WHO DESIRE TO
that they would be blacklisted by the
negroes of Austin if they did not john
PATRONIZE CARS.
in the boycott. The officers are in-
vestigating the matter and it is likely
that some of the agitators who indulge
The boycott of the colored race
in such conduct will be arrested and
against the street cars of the Austin
arraigned on charges of disturbing the
Electric Railway company still remains
peace, if their actions can not-be COV-
effective and no negroes at all are pat-
ered by n graver charge.
ronizing the cars, with the exception
It has been suggested that the city
of a few of the old time darkies.
council pass an ordinance at the next
Practically no negroes were hauled
regular meeting making it a misde-
yesterday and the hack lines for the
meanor offense for negroes to intimi-
colored did a land office business.
date others of their race to prevent
They had almost more than they
their patronizing the care, and make
could do.
the fine for same as heavy as pos-
In a number of instances It has been
sible. If such an ordinance is passed
reported to the officers by the few
It will put a stop to the agitation of
darkles who are not opposed to the
the boycott and every negro who de-
"Jim Crow" or separate compartment
sires to ride on the cars will not be
ordinance that other negroes have tried
interfered with by those who are op-
to intimidate and compel them to dls-
posed to the separate compartment
continue riding on the street cars. In
ordinance. However, nothing definite
several cases certain negroes have been
along these lines has yet been decided
known to approach others of their race
upon.
The Austin Statesman (1902-1915), Apr 9, 1906;
ProQuest Historical Newspapers: The Austin American Statesman pg. 8Reproduced with permission of the copyright owner. Further reproduction prohibited without
permission.
45
BOYCOTT BY NEGRO RACE: VERY FEW COLORED PEOPLE ARE NOW PATRONIZING.
The Austin Statesman (1902-1915); Apr 8, 1906;
ProQuest Historical Newspapers: The Austin American Statesman pg. 5
BOYCOTT BY
n negro every once in awhile," said
Foreman Milton, "but there are very
few who now patronize the cars, es-
pecially in the last two or three days."
Several of the negroes have started
hack lines from different points in the
NEGRO RACE
city and are hauling most of the
negroes who do not walk. The hack
line is doing good business, and it has
been reliably reported that the parties
back of the hack line business were
the principal agitators of the boycott.
VERY FEW COLORED PEOPLE ARE
It is money in their pockets and, as a
NOW PATRONIZING ANY OF THE
prominent citizen stated yesterday, just
as long as they can make many of the
STREET CAR LINES OF THIS
negroes believe that he Is bettering
himself by paying 10 cents to ride in a
CITY.
hack instead of giving the street car
company 6 cents, they will continue to
do a flourishing business. The main
hack lines are from Robinson Hill to
HACK LINE BUSINESS
Congress avenue and Sixth street,
though It is stated that effletent lines
will be extended to other portions of
the city.
Agitators Opposing Jim Crow Law
The separate compartment ordinance
Have Almost Succeeded in Making
which was passed about thirty days
Boycott Complete and Hacks
ago, Is not effective for ninety days
Are in Clover.
from the date of passage. There are
yet no separate compartments and will
not be for about sixty days. When
The boycott of the cars of the Austin
the ordlnance becomes effective the
Electric Railway company by the col-
compartments will be provided as the
ordinance requires. How long the
ored race of this city, which has been
present boycott will last is not known,
gradually growing ever since the city
but It 18 safe to say It will result as
council passed the separate compart-
all similar boycotts have In other Texas
ment ordinance for the white and col-
cities. None of them lasted over a few
ored race in street cars, is now almost
months. The discontinuance of the
as thorough as the agitators of it could
colored patronage has not materially
desire. Very few negroes are patron-
affected the revenue of the street car
Izing the street cars on any of the lines
company.
and the number is growing less every
day. Foreman George Milton of the
Austin Electric Railway company
stated yesterday that in the past few
days the negro traffic had almost en-
tirely become a thing of the past.
"Some of the conductors report hauling
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
46
FLASH POINT #2
Questions to Consider:
1.
Why do you think city officials decided to build Highway I-35 where they did in the
1960s?
2. How do you think residents who have lived in East Austin since the 1960s feel about the
construction of new, high-cost, luxury apartments on the East side?
The 1928 City Plan
Many people who arrive in Austin in modern times see the city divided by highway I-35
and understand that East Austin is where most minorities live, while the hills of West Austin are
where most of the cities white residents live. Most also understand that East Austin is typically
thought of as the poorer community of Austin. What most people do not understand is that this
division wasn't just an accident. In fact, it was the exact opposite. In 1928, the City Planning
Commission released a document called A City Plan for Austin, Texas. 28 This document was put
together by the consulting firm Koch & Fowler Consulting Engineers and was meant to formally
segregate the city. 29
The plan functioned in two ways. First, the city was to take away land from blacks in
West Austin in order to replace their housing with "more desirable" housing. 30 Second, the city
would build facilities in East Austin in order to incentivize the cities black and Latino
populations into "self-segregating." "31 The plan called for the creation of a park for black and
ethnic minority residents. This park is now Rosewood park. It additionally called for the building
of a school for black and ethnic minority residents. While the language of the plan made it seem
as if the city had the genuine interest of providing services to the black and Latino populations of
Austin, in reality these services were far inferior to the services that white communities were to
be provided under the plan. 32 The investment in East Austin never came close to the levels of
investment in the West Side of the city, that is until Whites began to move into the East Side. 33
In some ways it is a misnomer to call the 1928 City Plan a "flash point." The damage that
was done by it wasn't felt immediately. The real damage happened in the decades that followed.
After the city successfully moved large groups of communities of color to East Austin, they
proceeded to provide them with smaller parks, swimming pools with fewer hours, and unpaved
roads. 34 The real reason this is considered a "flash point" is because it delineates the time when
Austin officials formally and systematically segregated the city, and the lines that were drawn
can still be seen to this day. It is important to remember that when one enters East Austin, the
lower property values, and higher rates of poverty are not accidents, but rather were intentional
results of the 1928 City Plan.
47
News Coverage:
CITY PLAN OUTLINED
The Austin Statesman (1921-1973); Jan 4, 1928;
CITY PLAN
OUTLINED
Following are the chief features
of the city plan report:
1. Location of municipal airport
south of Colorado river.
2. Separation of auditorium and
library.
3, Extension of state building
area to 15th street.
4 Creation of future civio center
between Colorado river and Third
street.
5. Removal of railroad tracks
from third street.
6. Construction of union passen.
ger terminal at Fifth and East
Avenue,
7. Designation of Seventh street
and Congress avenue as Austin's
business center.
8. Establishment of boulevards
along Shoat Creek, Waller Creek
and Riverside Drive. (Colorado
River bank.)
9. Establishment of boulevards on
Nueces and San Antonio streets,
10. Paving of Nueces, San. An-
tonio, 11th, Red River, East Avenue,
Duval and other streets.
11. Opening of Travis Heights as
a new boulevard and erection of a
bridge across Colorado river con-
necting it with East Avenue.
12. Development of Pease Park as
a neighborhood park.
13. Converting tracts surround-
ing Elisabet Ney studio and French
embassy into beautiful parks.
14. Abandonment of Central Fire
station on Eighth street and erect-
ing three new downtown fire sta-
tions.
ProQuest Historical Newspapers: The Austin American Statesman pg. 1 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
48
1 U.S. Const. amend. XIII, XIV, XV.
2 U.S. House of Representatives, Office of the Historian, Black Americans in Congress: An Introduction, BLACK
AMERICANS IN CONGRESS, 1870-2007 (2008) https://history.house.gov/Exhibitions-and-
Publications/BAIC/Historical-Essays/Introduction/Introduction/.(hereinaften Black Americans in Congress).
3
BOB RESCOLA ET AL., AUSTIN HISTORY CENTER, AUSTIN POLICE DEPARTMENT GUIDE, 3 (2018).
4 EQUAL JUSTICE INITIATIVE, LYNCHING IN AMERICA: CONFRONTING THE LEGACY OF RACIAL TERROR, 22 (3d ed.,
2017). https://lynchinginamerica.eji.org/report/ Lynching in America).
5
U.S. Const. amend XIII.
6 Lynching in American, supra note 4, at 23.
7 Id.
8
SALLY E. HADDEN, SLAVE PATROLS LAW AND VIOLENCE IN VIRGINIA AND THE COLONIES, 193
(2001). (hereinafter Slave Patrols)
9 Lynching in American, supra note 4, at 22.
10 HOWARD RABINOWITZ, RACE RELATIONS IN THE URBAN SOUTH: 1865-1890, 324 (1978) (hereinafter
Race Relations).
11 See generally Lynching in American, supra note 4.
12
Hollie A. Teague, Black and Blue in North Texas: The Long Neglected History of Anti-Black Police Violence in
North Texas, 1880-1930, 49(8) J. OF BLACK STUD. 756, 765 (2018). (hereinafter Black and Blue).
13 Id. at 761.
14
See Plessy V. Ferguson, 163 U.S. 537 (1896).
15
Katie Humphrey, 1906 boycott of streetcars gave Austin's blacks a voice, AUS. AM. STATESMAN. Jan. 21, 2008, at
A1.
16 Id.
17 Id.
18 US INFLATION CALCULATOR, COINNEWS MEDIA GROUP LLC. https://www.usinflationcalculator.com/
19
Boycott Ordinance may be introduced, AUS. AM. STATESMAN, Apr. 9, 1906, at 8.
20 Id.; Boycott by negro race, AUS. AM. STATESMAN, Apr. 8, 1906, at 5.
21 Boycott Ordinance, supra note 19.
22 Id.
23 W.D. Shelley, Jim Crow Law Soon, AUS. AM. STATESMAN, May 27, 1906, at 9.
24 Katie Humphrey. 1906 boycott of streetcars gave Austin's blacks a voice. AUS. AM. STATESMAN. Jan. 21, 2008.
Pg. A1.
25 Id.
26 Jason J. McDonald, Confronting Jim Crow in the "Lone Star" capital: the contrasting strategies of African-
American and ethnic-Mexican political leaders in Austin, Texas, 1910-1930, 22(1) Continuity and Change 143, 153
(2007).
27 Id. at 154.
28
KOCH & FOWLER CONSULTING ENGINEERS, A CITY PLAN FOR AUSTIN, TEXAS (1928).
29 KEVIN MICHAEL FOSTER, INSTITUTE FOR URBAN POLICY RESEARCH & ANALYSIS, DESTRUCTION OF BLACK
COMMUNITIES IN THE NAME OF PROGRESS, THE CASE OF AUSTIN, 1865-1928 (2019).
30 Id.
31 Id.
32 Id.
33 Id.
34 Id.
49
The History of Police and Race: Civil Rights
The 1970s
The 1970s were a time of radical change not only for Austin, but the entire United States.
Civil Rights were no longer at the center of many people's minds. 1 The oil crisis and inflation
made
the job market incredibly competitive. 2 Additionally, the end of Lyndon B. Johnson's
"Great Society," which brought the country the Civil Rights Act of 1964 and the Voting Rights
Act of 1965, brought in an era that was far more hostile to civil rights. 3 There were no longer as
many major civil rights groups or Black Power organizations, and both Malcolm X and Martin
Luther King Jr. had been assassinated. 4 However, this did not mean that the protest movement
and activism ceased to exist. Around the country, and specifically in the south, grassroots
organizing by communities of color continued to flourish. 5
Austin was no exception to this broader movement. The 1970s, like the decades before it,
brought on several flash points between communities of color and the Austin Police Department.
Importantly, this decade saw the rise of two major community groups that most people in the
community today are still aware of: The Brown Berets, and The Black Citizen's Task Force.
The Brown Berets were an important civil rights group for the Latino community, and the Black
Citizen's Task Force was an important civil rights group for the black community. Both groups
were very active in protesting the police during this time period.
This decade was a very trying time for communities here in Austin. Many racial and
ethnic minority groups felt they were being harassed instead of protected by the police.
Additionally, many community groups became more organized in their resistance to what they
felt was systemic opposition to their progress in the city.
What follows is a brief overview of some of the flash points between the police and
communities of color during this period time in Austin's history.
Setting the Scene:
Police Chief(s): R.A. Miles, Frank Dyson6
Diversity of the Force: By 1970 APD had 324 total officers, with 14 of Hispanic Origin, 11
African Americans, and 1 Native American. 7
Flash Points to be covered:
-
Police-Community Relations Task Force Report
-
The Murder of Jose Campos Torres by Houston Police Officers
-
The Death of Gril Couch at the hands of Austin Police Officers
Instructions:
1. Read the following summaries of events and the corresponding news articles silently and
independently
2. Answer and discuss the "Questions to Consider" as a group
50
3. Use the poster board and markers to make a poster to present to the rest of the class what
you have learned
4. Decide who will present what points, but be sure to not leave out any of the "Flash
Points"
51
FLASH POINT #1:
Questions to Consider:
1. What were the key demands of the Police-Community Relations Task force report?
Which demands stick out in particular, and why?
2. How did you feel about some of the community members statements during the
testimony given at the 2nd community meeting for the Police-Community Relations?
Police Task Force Report
In November 1974, the city of Austin created a Police-Community Relations Task Force
after immense pressure from community leaders following the killing of Tiburcio Soto in East
Austin by an APD officer. 8 The Task Force was made up of 17 people: nine members of the pre-
existing Human Relations Commission, and eight persons named by individual city council
members. Father Fred Bomar, Forrest McPhaul, Dr. John Warfield, Lt. Ernie Hinkle, H.C.
Carter, Art Navarro, and notably Larry Jackson, a black activist, and Paul Hernandez, a member
of the Brown Berets. 10
The commission was created after the shooting of Tiburcio Soto on October 6, 1974.
Tiburcio Soto was a Mexican-American who lived in East Austin. 11 His death resulted after
police were called to his house in response to reports of a fight. 12 While the details of the
interaction are likely lost to history, and who truly was at fault may never be known, all that the
community needed to know in that moment was that he was killed by a police officer. Following
the shooting, neighbors gathered, and tensions rose to the point of bottles and rocks being thrown
at the police. 13
The aftermath of the shooting left the city reeling. The Brown Berets and the Black
Citizens Task Force hosted protests with more than 150 community members in attendance.
Calls for a civilian oversight board were heard throughout the community. 14 It is important to
note that the Tiburcio Soto shooting wasn't an isolated incident, but was rather the third police
shooting of a Latino since 1968. 15 It was the straw that broke the proverbial camel's back.
Eventually, tensions rose SO high that the city decided on establishing the Police-
Community Relations Task Force.
16
While there was initial excitement, the Task Force ended
with the two major community activists, Larry Jackson and Paul Hernandez, leaving because
they felt they weren't actually given the power to make meaningful reform. 17 The city
purposefully undermined the Task Force requests on several occasions.
Ways the City Undermined the Task Force:
-
Task Force wasn't actually allowed to handle citizen complaints brought before it. 18
-
Chief Miles never provided the full cooperation needed for the Task Force to do a
thorough review of the state of police-community relations. 19
When the Task Force asked for an extension to keep investigating the City Manager fired
the four investigators that had been hired to assist the Task Force. 20
52
-
After the first community meeting, which was held in Rosewood Community Center and
did not require sign-ins, had testimony from 9 community members, the City moved the
hearing to downtown and required sign-ins, which resulted in nobody actually testifying
to the Task Force. 21
Notable Requests from the final task force report:
-
Establishment of civilian review board.22
-
The removal of Police Chief Bob Miles.
-
The use of voice-actuated tape recorders by police officers.2 24
The use of citations rather than arrests in more misdemeanor cases.
25
-
53
News Coverage:
Task Force Blasted As Activist Resigns The Austin American Statesman (1973-1987); Jan 21, 1975; ProQuest Historical Newspapers: The Austin American Statesman pg. 11
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Task Force Blasted
As Activist Resigns
An East Austin activist who
police-community relations,
Removal of Police Chief
took the lead in protesting
and hear citizens' charges of
Bob Miles and conversion of
alleged police brutality months
brutality. selective
his office to an elective one:
ago Monday resigned his
enforcement and harassment,
Promotion of police
position on a task force on
was "a farce and a disgrace."
sensitivity and awareness
police-community relations
Hernandez claimed.
through foot patrols of East
which was organized as a
Hernandez said he plans to
Austin and through special
result of the protests.
work with the Committee for
comminity training:
Paul Hernandez, a - member
Justice on setting up its own
Prohibition of abusive
of the East Austin Committee
task force which will try to
language arrests and
for Justice, called the city's
implement
the
misdemeanor arrests in a
Special Community Relations
recommendations on which the
large group: and,
Task Force "inadequate and
present task force has not yet
-- Substitution of bean bag
ineffective.
acted. They include:
or stunning bullets for live
Hernandez maintained that,
- Establishment of a
ammunition.
instead of creating a task
civilian review board to
"I'm tired of talk."
force with the power and
review the actions of the
Hernandez explained "I know
ability to improve
police department and to
the problem. I want to see a
police-community relations,
investigate complaints;
real solution."
"The city council set it up as a
pacifier for the people in Last
Austin."
The task force is not
representative of the East
Austin commumity because 10
of the 17 members are "upper
middle class' and lack
first-hand understanding and
knowledge of police behavior
in East Austin, he claimed.
Hernandez also cited the
task force's lack of power as a
contributing factor in his
resignation.
"It has no other power than
to present recommendations 10
the city council and no
recommendations have been
made in two months," he
explained
Hernandez said he presented
to the task force a list of
Committee for Justice
recommendations.
"They were never acted on,
never accepted or rejected."
he said. "The other task force
members have to assure
themselves there actually is a
problem first."
A Jan. 13 community
meeting, designed to explore
Task force 'firings' blasted
The Austin American Statesman (1973-1987); May 15, 1975; ProQuest Historical
Newspapers: The Austin American Statesman pg. 1
Task
force
'firings' blasted
A
member
of
the
"It seems extremely odd that
The staff workers - three
respond favorably to the
past Friday, Davidson said he
Police-Community Relations
the city manager would make
investigators and a secretary
force's request for staff
didn't know and wanted to talk
Task Force took City Mgr.
this decision when the task
- were assigned to the task
extension. The earliest the
to Warfield before making any
Dan Davidson to task
force had formally requested
force early this year. One
council could act, though,
further judgment. "As of
Thursday for Davidson's
an extension with the stated
month ago, Davidson said,
would be next week - after
now," he said, "nothing's
announced intent to terminate
intention of completion of the
force vice-chairman Dr. John
the current extension expires.
changed."
the task force staff as of
final report to the city council
Warfield wrote the city
Davidson said Thursday he
The Police-Community
Friday.
within a stated 60-day period."
manager asking a 30-day
Relations Task Force was
was trying to contact
Subcommittee chairman
Jackson referred to a letter
extension of the staff. That
established last fall and
Warfield, now the acting head
Larry Jackson said he is
from the task force last week
periodexpires Friday.
of the group since former
charged with developing ideas
"extremely distressed" at
to the council setting a 60-day
Davidson said he has had no
on how to salve mistrust and
chairman Joe Lung resigned
Davidson's announcement that
time limit on itself, and asking
request from Warfield or any
two weeks ago. He will ask
misunderstanding between
the four staff workers will be
that the staff be continued
other task force member for
Warfield what staff is required
police and a large segment of
cut off Friday when a
until work was finished.
further staff continuation.
to complete the group's work,
the community - primarily
previously-granted 30-d a y
Revealing his intent to cut
"They have nothing to do," he
East Austin. Since it was
Davidson said, and what
extension expires.
off the staff, Davidson said he
said. "I cannot justify
exactly the staff is doing.
organized seven months ago,
In a letter to Mayor-elect
had not seen that letter and,
continuing them."
the group has presented no
Jeff Friedman and members
until Wednesday night, had not
Friedman has said he
Asked if he would likely
recommendations to the city
of the council, Jackson wrote,
even heard of it.
believes the new council will
extend the tenure of the staff
council.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
55
Task force report
Despite internal squabbling and
service. the chief ought to be
allegations of non-cooperation from
promoted to a post such as
the city administration and police, the
commissioner of public safety until
Police-Community Relations Task
his retirement.
Force has delivered a majority
report.
-Establishment of a civilian
review board. No good. How many
There were some questions about
ways can you say it won't work and
whether the "majority" report was a
can't work? The Civil Service law
minority report because more
makes a civilian review board
members signed one minority report
unnecessary and illegal, as has been
than voted for the ultimate majority
pointed out numerous times.
report.
-Enlarge the Civil Service
But all that is persiflage. The
Commission to seven members and
majority report apparently
make some of them women and
represents the feelings of the
blacks and Chicanos. We agree. It is
majority of the task force. The
not possible to expand the
inch-thick document deserves close
three-person commission without
reading and a dispassionate analysis
changing state law, but something
by the city administration and the
needs to be done. The present
city council.
commission consists of three
conservative, middle-aged white
The report itself is largely
males. It's time for a change here.
dispassionate, which is a surprise.
considering the temperamental
-A registered nurse should be
nature of some task force members.
staffed permanently at the city jail to
It addresses itself to basic and
check prisoners who may need to see
specific areas of police-community
a doctor or be sent to the hospital.
relations and attempts to make
Agreed. The cost would be justified if
recommendations to ameliorate or
only one prisoner's life is saved by the
remove the sources of problems.
presence of a trained medical person.
A number of recommendations
Police should use citations rather
have been made. Some we agree with,
than arrests in more misdemeanor
some we disagree with. A few leave
non-traffic cases. Yes. Saves time.
us on the fence or nonplussed. But all
money and jail space. The violator
deserve a more than cursory glance
can sign a notice to appear, just like
by the powers that be.
in a traffic case.
A few task force recommendations
-Establishment of a detoxification
we feel deserve comment:
center in East Austin. Amen. But not
just in one area. Put it at the police
-Promotion in the police
station if necessary because of costs,
department should stress ability
or put up several around town if
above seniority. Yes, indeed. Agreed.
economically feasible. The idea is to
But one must remember state law.
sober up drunks and keep them off the
affirmative action, the federal
streets.and out of cars. You don't need
government, Civil Service and a few
a jail to accomplish that.
other roadblocks to such a goal.
-Use of voice-actuated tape
-Remove Police Chief Bob Miles
recorders by officers in certain
and find a replacement. We have to
districts. Why not? But why just in
agree. Chief Miles is getting on in
certain areas? It is not only in East
years, his health is not the sturdiest
Austin that disputes arise over what
and, truth to tell, he has not been
took place during an arrest or
innovative. A lot of changes in the
disturbance. It might be considered
department in recent years have been
discrimination to have the tapes only
made on the initiative of the city
in one or two areas of the city. The
administration or city council, not the
cost factor ought to be weighed
initiative of the chief. In recognition
against the benefits or disadvantages
of his many years of exemplary
of the system.
Task force report
The Austin American Statesman (1973-1987); Aug 20, 1975; ProQuest Historical Newspapers: The Austin American Statesman pg. 4Reproduced
with permission of the copyright owner. Further reproduction prohibited without permission.
56
FLASH POINT #2
Questions to Consider
1. How would you feel if Jose Campos Torres was your family member? What do you think
you would tell your children about the police if your brother was treated the way Jose
Campos Torres was?
2. Do you think the people who heard about this instance might be hesitant to call the police
in the future? Why or why not?
The Murder of Jose Campos Torres by Houston Police Officers
Jose Campos Torres was a 23-year-old Vietnam Veteran who was
murdered by Houston Police Officers in 1977. 26 His body was found on
the
shores
of
the
Buffalo
Bayou.
27
On
May
5,
1977,
he
was
arrested
at
a
bar in the heart of the Latino neighborhood of Houston
28
Instead of being
taken to the station, the police officers took him to "The Hole," which was
an isolated location behind a warehouse. 29 He was beaten SO badly that
when the officers eventually tried to book him at the city jail, officials
refused and insisted that he be taken to the hospital.
30
Campos Torres was never taken to the hospital. Instead he was
taken back to "The Hole," beaten again, and pushed from a 20 foot platform into the Bayou
where he drowned to death. 31 While six officers were involved with the beating only two were
charged with the homicide.
32
An all-white jury found the two officers guilty of negligent
homicide, a misdemeanor, and sentenced them to a year probation and a $1 fine. 33 While federal
officials eventually found three additional officers guilty of violating Campos Torres' civil
rights, even 40 years later Campos Torres' sister does not feel like justice was served.
34
The Latino community of Texas also did not feel that justice was served. On the one-year
anniversary of the Campos Torres murder, a major riot broke out in Moody Park, now known as
the Moody Park Riot. During the riot, more than 40 people were arrested, and several police
officers were hospitalized. 35 The incident led to the creation of the Houston Police Department's
internal affairs department.
36
It also led to a group of Latino attorneys from Texas seeking funds
to set up a clearinghouse for complaints and allegations of police brutality in Texas. 37
The effects of the murder were not just felt in Houston. In Austin, the Brown Berets, led
largely by Paul Hernandez, staged a massive, 500 person rally at the state capitol. 38 During this
rally many speakers, including Hernandez, spoke of their mistrust of the police. 39 In the months
and years following the murder, community members would draw parallels between instances of
police misconduct and the Campos Torres incident. 40
While this event may seem to be old history at this point. It is still fresh on the minds of
many community members, as is demonstrated from the fact that more than 40 years later the
Campos Torres' still holds "solidarity walks" on the anniversary of his killing. 41
57
News Coverage:
Police brutality charges draw 500 to Capitol rally
LINDA KERR American-Statesman Staff
The Austin American Statesman (1973-1987); Nov 13, 1977; ProQuest Historical Newspapers: The Austin American Statesman pg. B11
Barrientos, upper loft,
and Brown Beret
members raise their
fists to the crowd
Staff Photo by Kit Brooking
Police brutality charges
draw 500 to Capitol rally
By LINDA KERR
hood. then up Congress to the Capi-
American-Statesman Stall
tol.
"What do we want? Justice."
There the group was address by
State Rep. Gonzalo Barrientos and
"When do we want it? Now."
numerous Brown Berets from
Chanting that and other slogans in
across the state. Barrientos was in-
English and Spanish, about 500 peo-
troduced as the only Chicano legisla-
ple marched through East Austin
for who would support the march.
and up Congress Avenue Saturday
Speaking in Spanish, Barrientos
afternoon to protest what they called
chided those whose success, he said,
"killer cops." The demonstration,
had made them content to "sit home
which culminated with rally on the
and drink a cocktail and buy a new
Capitol steps, was organized by the
Brown Berets, a Chicano activist
car every year."
group.
In English he added. "For those of
my fellow Texans who say, What
Although police were stationed at
are those crazy Mexicans up to now?
various points along the route to stop
1 say to all of them - even though
traffic for the marchers, they were
some of them may be bigots - we do
otherwise not in evidence and there
this out of love."
were no incidents,
Most of the Brown Berets speech-
Most of the marchers were young
es were given in Spanish and
Chicanos and many carried signs re-
stressed a willingness to take up
ferring to the recent killing of Jose
arms If necessary to defend their
Campos Torres by Houston police of-
community against police brutality.
ficers (two policement have been
convicted of lesser charges in the
Local Brown Beret Paul Hernan-
killing).
dez attacked the Austin Police De-
partment, saying that when Chica-
Shouting to bystanders to join
nos have a complaint about a dis-
them and showing clenched lists, the
turbance, they think twice about
marchers wound their way from
calling the police, wondering, "Are
Sanchez school through a predomi-
we going to be disturbed more by the
nantly Mexican-American neighbor-
police?'
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
58
No jail, fine given ex-officers
The Austin American Statesman (1973-1987); Oct 8, 1977; ProQuest Historical Newspapers: The Austin American Statesman pg A1
No jail,
fine given
ex-officers
Briscoe to ask for federal probe, Page B1
HUNTSVILLE (AP) - A state court jury that
convicted two former Houston police officers of a
misdemeanor in the slaying of a prisoner in their
custody assessed probated one-year sentences to
the ex-officers Friday.
Terry Denson, 27, and Stephen Orlando, 21, orig-
inally were indicted for murder in the drowning
death of a Mexican-American laborer, Jose Cam-
pos Torres. They could have received up to one
year in prison and a $2,000 fine after being convict-
ed Thursday of criminally negligent homicide.
Both men refused comment on advice of their
attorneys.
The jury, which included no Mexican-Ameri-
cans, deliberated 11 hours before returning the
probated sentences.
A member of the jury, Thelma Smith, 49, a pris-
on guard, said, "It was a fair verdict. We were
split over the question of granting probation.
That's what took so long on the punishment discus-
sion."
Mike Ramsey, attorney for Orlando, said the ju-
ry split 9-3 for probation and reached a unanimous
decision after the lengthy deliberations. Ramsey
said that six of the 12 jury members voted initially
to acquit the officers.
"When a human life is taken, probation is not an
appropriate verdict," said prosecutor Ted Poe of
Harris County. "That is a very cheap price to pay
for taking a human life."
The prosecution argued that Denson and Orlan-
do, along with three other officers, kicked and
beat Campos Torres, who had been arrested for
being drunk, before Denson pushed him into the
Buffalo Bayou. Most of the testimony came from
the other officers, now suspended, who testified in
exchange for immunity.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
59
FLASH POINT #3
Questions to Consider:
1. Do you think residents still trust the city to represent their desires after its repeated
denials of their calls for a civilian review board?
2. What do you think the witnesses of the Gril Couch incident told their friends and families
about the incident?
3. How do you think members of the community who know of the Gril Couch death reacted
when they saw the footage of Eric Gardner's killing in New York City?
The Death of Gril Couch at the Hands of Austin Police Officers
Gril Couch was a 41-year-old African American man who was died at the hands of two
out-of-uniform police officers while dining in East Austin. 42 Couch suffocated to death when his
larynx collapsed after being placed in a chokehold by the two officers. 43 The death was sent
to
a
grand jury, which failed to indict either of the officers and ruled the death an accident.
44
However, for many East Austin residents this was a miscarriage of justice, and brought on six
weeks of protests against police brutality and calls for a citizen review board by the Brown
Berets, and the Black Citizens Task Force. 45
The incident took place on August 1, 1979 at a BBQ restaurant in East Austin. 46 Couch
was drunk and the two officers were on their lunch break. 47 There was no indication that the men
were police officers, and they never announced themselves to be officers throughout the entire
exchange. Couch apparently lunged at one of the men. Afterwards, the police officer called to
see if uniform police officers would come to arrest Couch.
48
Before
the
uniform
officers
could
arrive, Couch lunged at them again. It was then that the two officers, without announcing
themselves as officers, began to wrestle Couch out of the establishment and onto the ground.
During the altercation they put Couch in a chokehold. 49
There were 18 witnesses to the incident. When interviewed, many of the witnesses said
they watched the officers hold Gril in the choke hold for several minutes. 50 When the uniform
officer arrived, witnesses claimed they watched the officer place handcuffs on what they
perceived as an already dead Couch. Couch was pronounced dead at the scene.
The grand jury ruled it an accident, while the city coroner refused to say one way or
another whether the death was a homicide or an accident. 51 This did not satisfy community
members because of the secrecy involved in the grand jury process, and their general mistrust of
the police. 52 The death of Couch further solidified the mistrust of the police. This is
demonstrated by the fact that less than two weeks after the death, when another East Austin
resident struggled with police, witnesses gathered not to assist the police officer with the arrest,
but instead to ensure that the man wasn't put into a choke hold. Some local residents even said,
"People are suspicious of cops since the Couch incident."5"
60
News Coverage:
Residents exert pressure: East Austinites demand review board in Couch
TERRY BOX American-Statesman Staff The Austin American Statesman (1973-1987); Aug 24, 1979; ProQuest Historical Newspapers: The Austin American
Statesman pg. B1 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Residents exert pressure
East Austinites demand review board in Couch death
By TERRY BOX
Thursday in a choatic two-hour session in
police brutality to the council before, the
American-States Staff
which council members heard from
meeting Thursday was unusually tense.
Dozens of East Austin residents went
more than 15 people.
before the City Council on Thursday
At one point, Hernandez snapped:
night to demand again that a citizens
"We are not asking for justice," said
"Turn that damn thing off," when the
East Austin activist Paul Hernandez,
council's timer went off, signaling that
review board be, appointed to Investigate
"we're telling you we're going to take It
his allotted time had been used.
Incidents of police brutality.
- one way or the other. I've got films of
Several residents also insisted that
L.A. and Detroit, and that's very indica-
At another point, so many people were
Police Chief Frank Dyson and City Man-
live of what can happen in Austin."
shouting at the council that their
ager Dan Davidson be fired.
demands were incomprehensible.
Dorothy Turner, chairwoman of the
Those same demands have been made
Black Citizens Task Force, warned the
The council took no action other than to
during daily demonstrations since Gril
council that blacks and browns in East
listen to the complaints.
Couch, 41, a black, died Aug. 1 while
Austin "will not continue to stand by and
struggling with two white Austin police-
wonder who the next victim will be."
"I call on you to work with me," Coun-
men.
cilman Jimmy Snell told the group. "I
Although East Austin residents have
live in the same area as you. I want this
But they took on a threatening edge
brought their complaints about alleged
solved also."
61
Civilian board needed to review police conduct
Nobles, Henry
The Austin American Statesman (1973-1987); Aug 16, 1979; ProQuest Historical Newspapers: The Austin American Statesman pg. All
Civilian board needed
to review police conduct
By HENRY NOBLES
The Central Texas Chapter of the
American Civil Liberties deplores
the death of Mr. Gril Couch and the
manner in which it is being in-
vestigated.
Mr. Couch's death marks the third
against them. It cannot win convic-
major incident in recent months
tions without the ald of the police.
Many will suspect, therefore, that in
which raises serious questions con-
the secrecy of the grand jury room,
cerning the way Austin police treat
black citizens. Last March, the
the DA's office will be less than vig-
Austin police staged a sweeping,
orous In its attempt to procure in-
shotgun-coerced and warrantless
dictments against the officers In-
volved.
search of the homes of two black
families in East Austin. Then, a few
Even If the DA's office does work
months ago. several innocent black
to present a full and fair case before
youths were arrested and detained
the grand jury, should no indict-
at gunpoint following a bank rob-
ments be returned, large segments
bery.
of the Austin community will feel
that a whitewash has occurred.
Investigation of these two Incl-
Even in the event of a true bill (in-
dents was handled by the Austin
dictment), the grand jury is not the
Police Department's Internal At.
appropriate forum to investigate
fairs Division. In both cases, the
police misconduct. Given the se-
police officers involved were re-
crecy of grand jury proceedings, no
turned to duty. Because Gril Couch
one will ever know, And public confi-
died literally at the hands of the
dence in our institutions of govern-
police department, his case has been
ment will fall even lower.
handed over to the Travis County
Grand Jury. The ACLU considers
In contrast to the secrecy and po-
this procedure to be as unacceptable
tential bias of grand jury proceed-
as Internal police investigations be-
ings, or internal investigations,
cause of the secrecy of the grand
stands the concept of a civilian
jury proceedings and the nature of
review board. A review board would
the relationship between the district
hear complaints, conduct Investiga-
attorney's office and the police de-
tions and make recommendations
partment.
concerning alleged police miscon-
duct. In addition to providing a
The ACLU has long supported a ci-
forum for aggrieved citizens, a
villan review board to consider mat-
review board could be used to defend
ters of police misconduct. In a re-
police officers against unfounded
public such as ours, police should al-
and unproved citizen complaints.
ways be viewed both as the citizens'
Such a board would be fair. Just as
greatest friend and worst potential
importantly, it would be perceived
enemy. The police's power to en-
force our laws can easily be trans-
as being fair.
formed into an instrument with
The ACLU feels, therefore, that
which to abuse our laws. When a
the presence of such a board is es-
complaint is filed against a police of-
sential in striving to achieve a
ficer, public confidence demands an
proper balance between the need for
Investigation which not only is full
order and stability in our society and
and fair, but which gives the appear-
the need for individual liberties re-
ance of being full and fair. The
quired by the Constitution of the
grand jury cannot fulfill this role.
United States.
The district attorney's office
Nobles is president of the board of
presents the evidence to the grand
directors of the Central Texas Chap-
jury. Normally, however, the DA's
ter of the American Civil Liberties
office works with the police, not
Union, 600 W. 7th St.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
62
Reactions varied to cop's altercation: Some scared, some won't talk, some didn't want to get involve
LYNDA RICHARDSON American-Statesman Staff
The Austin American Statesman (1973-1987); Aug 16, 1979; ProQuest Historical
Newspapers: The Austin American Statesman pg. B1
Reactions varied to cop's altercation
Some scared, some won't talk, some didn't want to get involved
By LYNDA RICHARDSON
don't really know how to deal with black people,"
AmericanStatesman Staff
Roberts said.
Some said they were scared, some didn't want
Grocery employee Glenda Garner saw the inci-
to get involved and others just couldn't see them-
dent developing and did cooperate by calling the
selves helping a police officer arrest a man. Still
police to the parking lot in front of the store, where
others disagreed with the police account of a scuf-
the struggle took place.
fle Tuesday in the 1900 block of Rosewood Avenue.
"I was mostly stunned and afraid for what
And a lot of people didn't want to talk about it at
might happen," she said, explaining why she
all.
didn't get involved any further.
Patrolman James Andrist reported that a crowd
"People are suspicious of cops since the Couch
of about 20 people watched and refused to assist
Louis Pendleton
incident," she said. "A lot of people look at it as a
him as he grappled with a forgery suspect who
says
suspect
racial issue, some are afraid and some just don't
was trying to wrest away his gun. The suspect,
William Weldon Booker, 20, was charged with fel-
could have grab-
give a damn. All that was going through my mind
ony escape from custody after the scuffle.
bed policeman's
was whether the policeman was going to kill him
or what."
Those who said they saw the incident and were
gun, if he'd wanted
Although Garner believes officers in the com-
willing to talk about it told a different story
to.
munity tend to abuse their authority, she added,
Wednesday.
"You've got some good ones and you've got some
"The guy (the suspect) didn't even try to take
bad ones, just like everywhere else."
"We don't want to see anybody die, because
his gun. He could have gotten it easily, but he just
we're tired of seeing black people die," he said.
Another employee, Robert Favors, said he be-
wanted to get away," said Louis Pendleton, 1505
lieves the suspect should not have run away. "If
E. Seventh St., who said he was among several
Velma Roberts, a member of the Black Citizens
Task Force that protested Gril Couch's death two
he hadn't done anything wrong, he should have
witnesses. Others agreed with Pendleton's assess-
ment.
weeks ago, said she also was in the crowd Tues-
stuck around and cleared his gripe," he said.
"Now he's in more trouble than he was at first. I
day. Roberts said no police brutality was involved
Pendleton said people watched rather than hel-
in the incident.
don't knock the law, that's their job. Pretty soon
ped Andrist, because they were mostly there to
bank robbers are going to be right."
make sure that the officer didn't put the man in a
"But feelings about cops around here are not
good here," she said. "People aren't going to help
One man, who wouldn't give his name, ex-
chokehold, alluding to an incident two weeks ago
in which a man died in struggle with two plain-
cops; they've never done anything to help us."
plained his inaction this way: "I'm not going to
help a cop trying to arrest a black man. I have to
clothes police officers.
"Cops act like they're crazy around here. They
live with my race."
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
1 Stephen Tuck, 'We Are Taking Up Where the Movement of the 1960s Left Off': The Proliferation and Power of
African American Protest during the 1970s, 43(4) J. of Contemp. Hist. 637, 638-39 (2008).
2 DAVID HOROWITZ, JIMMY CARTER AND THE ENERGY CRISIS OF THE 1970s: THE" CRISIS OF CONFIDENCE" SPEECH
OF JULY 15, 1979: A BRIEF HISTORY WITH DOCUMENTS (2005).
3 Tuck, supra note 1, at 640
4 Id. at 639
5 Id. at 640
6
BOB RESCOLA ET AL AUSTIN HISTORY CENTER, AUSTIN POLICE DEPARTMENT GUIDE (2018).
63
7 Id. at 4
8 AUSTIN POLICE-COMMUNITY RELATIONS TASK FORCE, FINAL REPORT (1974) (hereinafter Final Report)
9
Police-community Task Force Named, AUS. AM. STATESMAN, Oct. 25, 1974, at A15.
10 Final Report, supra note 8.
11
Mike Kelley, City task force began, may end in bitterness, AUS. AM. STATESMAN. May 25, 1975, at A1.
12 Id. at A6
13
Id. at A6
14
City Police Chief Miles Meets With Grand Jury, AUS. AM. STATESMAN, Oct. 9, 1974, at 10.
15 Final Report, supra note 8.
16 Citizen-Task Force Approved, AUS. AM. STATESMAN, Oct. 18, 1974, at 17.
17
Task Force Blasted As Activist Resigns. AUS. AM. STATESMAN. Jan. 21, 1975. Pg. 11.
18
Kelley, supra note 11, at A6.
19 Id.
20 Id.
21 Final Report, supra note 8.
22 The Task force report, AUS. AM. STATESMAN, Aug. 20, 1975, at 4.
23 Id.
24 Id.
25 Id.
26
Marilusia Rincon, 40 years ago police killed Joe Campos Torres sparking massive Moody Park Riots, HUSTON
CHRON. ONLINE. https://www.chron.com/news/houston-texas/article/Joe-Campos-Torres-Moody-Park-riots-
11135844.php
27 Id.
28 Id.
29 Christy Drennan, The hole: A quiet place where police go for various reasons - sometimes to talk with a suspect.
HUSTON CHRON., May 14, 1977, at 1.
30 Rincon, supra note 26.
31 Id.
32 Id.
33 Id.
34 Id.
35 Robinson Block, Moody Park: From the Riots to the Future for the Northside Community, 9(3) HOUSTON HIST.
MAG. 22 (Summer 2012).
36 Id.
37 Chicanos seek funds for agency to process brutality complaints, AUS. AM. STATESMAN, Jul. 20, 1978, at B6.
38 Linda Kerr, Police brutality charges draw 500 to Capitol rally, AUS. AM. STATESMAN, Nov. 13, 1977, at B11.
39 Id.
40
Glenn Garvin, Berets cry brutality, but the neighbors. ,AUS. AM. STATESMAN, Nov. 12, 1977, at B1.
41
https://abc13.com/walk-honors-memory-of-man-killed-by-hpd-officers-on-cinco-de-mayo/3433659/
42 Robert Schwab, Grand jury to probe death, AUS. AM. STATESMAN, Aug. 2, 1979, at A1.
43 John C. Henry, Federal grand jury probing Couch's death, AUS. AM. STATESMAN, Aug. 29, 1979, at A1.
44
Schwab, supra note 42.
45
Terry Box, Residents exert pressure, AUS. AM. STATESMAN, Aug. 24, 1979, at B1.
46
Schwab, supra note 42.
47 Id.
48 Id.
49 Id.
50 Id.
51 John C. Henry, Snell criticizes coroner, AUS. AM. STATESMAN, Sep. 10, 1979, at B3.
52 Id.
53
Lynda Richardson, Reactions varied to cop's altercation, AUS. AM. STATESMAN, Aug. 16, 1979, at B1.
64
The History of Race and Police: Re-entrenchment
1980-2000
This era in history represents the attempted reversal of many of the progress made during
the civil rights movement. Often attributed to Richard Nixon's presidency¹, for purposes of this
course we will consider the true era of "re-entrenchment" to align with the Regan, Bush and
Clinton presidencies.²
The era is most notably associated with the war on drugs, and the increase in "tough
on
crime" politicians that emerged on both sides of the political spectrum. 3 It is also associated with
the rise of mass incarceration. The prison population quadrupled from the 1970s to the 1990s,
and doubled again between 1992 and 2000. 4 A disproportionate amount of those incarcerated
were minorities, specifically African Americans. 5 By the 1990s, 1 in 3 black males would be
incarcerated in their lifetime despite committing crimes at a similar rate to their white
counterparts. 6 This disproportionate incarceration also led to the removal of the right to vote for
7.44% of African Americans. 7 As discussed in the presentation about the general history of the
police and race, this era is often referred to the era of mass incarceration. The policies that came
out in this era, and the incarceration associated with them is sometimes referred to as the "new
Jim Crow. "8 Needless to say, this was a trying time for the relationship between police officers
and communities of color.
Austin was no exception. This time period in Austin brought on several flash points
between communities of color and the Austin Police Department. It is important to understand
the frustration, and mistrust that has been born out of these interactions.
Setting the Scene:
Police Chief(s): Frank Dyson, Jim Everett, Elizabeth Watson (APD's first female Chief), and Stan Knee
Diversity of the Force:
-
By 1990 APD had 1,082 police officers. 11.3% were women, 9.8% were Black or
African American, and 14.7% were Hispanic or Latino
-
By 2000 APD had 1,656 police officers. 11.8% were women, 10.8% were Black or
African American, and 16.6% were Hispanic or Latino. 9
Flash Points to be Covered:
-
Anti-KKK Protesters beaten by police officers
-
"The Valentine's Day Party Incident"
-
Evans Ekiye suffocated by police officers while in handcuffs
65
Instructions:
1. Read the following summaries of events and the corresponding news articles silently and
independently
2. Answer and discuss the "Questions to Consider" as a group
3. Use the poster board and markers to make a poster to present to the rest of the class what
you have learned
4. Decide who will present what points, but be sure to not leave out any of the "Flash
Points"
66
FLASH POINT #1
Questions to Consider:
1. How do you think a person of color would view the fact that a person of color was beaten
on the day of the Ku Klux Klan's parade, while nothing happened to the Klan?
2.
Whether or not Hernandez actually assaulted the police officer, how do you think the
simple fact that he was beaten on camera during a Klan march affected community
relations with the Chicano community?
Anti- KKK Protesters Beaten by Police
In January of 1983, the KKK planned a march on the Capitol here in Austin. There were
roughly 70 Klan members in attendance. 10 In response to the march, 2000 community members
came out to protest the presence of the Klan. 11 Notably among those was Brown Beret (an
important civil rights group for the Latino community of East Austin) Paul Hernandez. 12 There
were around 400 police on the scene, and they were largely there to make sure that none of the
Klan members were attacked, as they were greatly outnumbered by the counter-protesters. 13
As the tensions rose, Paul Hernandez was surrounded by 10 police officers and beaten
with their clubs. 14 This was caught on footage and an investigation into whether any rights were
violated followed.
15 The officers' accounts of the incident was that Hernandez assaulted one of
them just prior to them reacting by striking him with their night sticks. Hernandez maintained
that he acted no differently than the other white protesters who were not given any trouble by the
police that day. He was eventually charged with assault. 16
One
Klan
member
was
arrested
that
day for illegally carrying a firearm, but besides him no Klan's members were assaulted.
17
Community members were upset and thought that the beating of Hernandez was a
miscarriage of justice. They also felt that the Klan was treated better than they were, and that
overall it was the city's fault for mismanaging the parade.
Notably, the following year the Klan and counter-protestors returned. 18 However, due to
better planning and scheduling of the timing between the Klan and the counter-protestors there
was no clash between the police and the Klan or the counter-protesters.
19
67
Coverage in the News: The New York Times (only read the section in white):
Around the Nation
2 Suspects Denied Bail
The tape, taken by the Houston televi-
sion station KPRC, shows 10 officers
In Seattle Killings
with clubs surrounding the Mexican-
American activist Paul Hernandez and
SEATTLE, Feb. 21 (AP) - Two men
other protesters. It also shows several
arrested in the killings of 13 people in a
officers striking him and the others.
gambling club in Seattle's Chinatown
were ordered held without bail today
Officers said that seconds before Mr.
because the police were still seeking a
Hernandez was struck, he seized a club
third suspect.
Benjamin K. Ng. 20 years old, and
Kwan (Willie) Mak, 22, appeared at a
National news appears on
pre-arraignment hearing in Seattle Dis-
pages A12-A17 and B5.
trict Court.
The suspects in custody were ar-
rested hours after the police, early
from Officer Kevin Behr, hit him with it
Saturday, talked with the sole survivor
and kicked him in the side.
of the slayings, Wai Y. Chin, 61.
Mr. Hernandez was charged with as-
He was listed today in serious condi-
saulting a police officer and failure to
tion at Harborview Medical Center.
obey a lawful order. Twelve people
were injured and nine arrested.
Storm Closes Highways
One Klansman was taken into cus-
tody for carrying a weapon. Fifty
In Texas Panhandle
Klansmen marched to the Capitol and
1,500 hecklers lined the route.
By The Associated Press
A storm that left more than a foot of
snow in eastern New Mexico and Colo-
James Roosevelt Starts
rado closed highways in the Texas Pan-
handle yesterday while heavy rains
Social Security Lobby
caused flooding in eastern Texas.
WASHINGTON, Feb. 21 (UPI) -
Street flooding was reported before
James Roosevelt, Franklin D. Roose-
dawn in the northeastern Texas city of
velt's oldest son, announced today that
Greenville, where 15 people were
he was forming a "people's lobby" to
evacuated from their homes by boat.
fight for the Social Security program
A snowstorm struck the Panhandle
his father began.
community of White Deer, Tex., Sun-
day with 14 inches of snow and winds of
Mr. Roosevelt, 75 years old, a former
20 to 30 miles per hour, a sheriff's dis-
California Congressman, said the com-
patcher said.
mittee would name a panel in two
Sunday in northeastern New Mexico
weeks to review the report of the Na-
and southeastern Colorado, a blizzard
tional Commission on Social Security
whipped snow into 13-foot drifts, strand-
Reform. He called the report by the
ing travelers.
commission, a Presidential panel,
"unacceptable" because it offers "tem-
porary, patchwork solutions."
Inquiry Set in Violence
Meanwhile William Wewer, the di-
Over Texas Klan Rally
rector of Mr. Roosevelt's National
Committee to Preserve Social Security,
AUSTIN, Tex., Feb. 21 (AP) -
said postal officials had agreed not to
Mayor Carole McClellan has ordered an
pursue mail fraud charges against the
investigation into whether the police
group because it was correcting a fund-
used excessive force Saturday in subdu-
raising letter that had offered dues-pay-
ing protesters at a Ku Klux Klan march
ing members a statement of the earn-
on the state Capitol Police Chief Frank
ings in their Social Security account. a
Dyson said he would not comment until
service the Government provides with-
he had reviewed a videotape.
out charge.
68
FLASH POINT #2
Questions to consider:
1.
How do you think a person who knew the circumstances around Evans Ekiye's death felt
when they heard about Eric Gardner's death in New York City in 2014?
2. Leaving aside whether the officer's use of force was reasonable or not, how do you think
the community members who originally called in the domestic disturbance may react in
the future when deciding whether to call the police?
Evans Ekiye death while in police custody
On December 5, 1984, 28 year old Evans Ekiye, a student from Nigeria, suffocated to
death after four Austin Police Officers held him down while he was still in handcuffs. 20 The
police officers were responding to a domestic disturbance at the Ekiye's residence. The officers
initially grabbed Ekiye to determine if he was carrying a weapon. 21 They then placed him in
handcuffs and held him down on his mattress. 22 At some point the officers decided to call the
EMS because they recognized that Ekiye's condition had become critical. 23 However, all of them
failed to administer CPR, even though two of them were trained in the life-saving practice. 24 In
fact, there was evidence that when the EMS arrived on the scene the officers were still holding
Ekiye face down on the mattress. 25
The attorney general conducted a special investigation and found that the police officers
had acted negligently, but that they had not acted with the intent to kill the young man. 26 The
medical examiner ruled the killing an accident, and the grand jury failed to indict, though it is
important to note that the details of the investigation are still not know due to the secretive nature
of grand juries. 27 All four police officers were reinstated to the force.
28
POLICE HEADQUARTE
R
ERIYE
ERIVE
Munderal
HONK
The Black Citizens Task Force responded to the death with sustained protests for 18
months. 29 The main requests they asked for were the immediate firing of the police chief, and the
implementation of a citizen review board. 30 This event had serious repercussions on police-
community relations in the months following it. Many citizens drew parallels between the Eikye
death and future interactions between the police and community members. 31
69
News Coverage: The Austin American Statesman - 06/08/1986
cuus
Blacks
4/8/86
reavow
battle
against
police brutality'
By Cheryl Coggins Frink
American-Statesman Staff
Members of the Black Citizens
Task Force said Saturday they
will continue their "struggle
against police brutality" although
they are ending a daily picket line
protesting December police actions in the
1984 death of a Nigeri-
an student
The task force organized a
picket line in front of the Austin
Police Department building 18
months ago after 28-year-old Ev-
ans Ekiye suffocated in a struggle
with four police officers. The offi-
cers had been sent to Ekiye's
548
DAYS
apartment after receiving a re-
port that Ekiye was beating his
wife.
The Texas attorney general's
office found that the officers
were negligent and that police
548 DAYS
training in such matters was defl-
cient. However, two Travis Coun-
ty grand juries declined to indict
the police officers involved in the
incident.
548 DAYS
"By staging this picket line for
the last 18 months, we have edu-
cated and raised the conscious-
ness of the many people that have
driven by this corner from 12
noon to 1 p.m. every day," said
Dorothy Turner, president of the
Black Citizens Task Force.
Turner said the task force will
continue to oppose what it consid-
ers police brutality "on a higher
level."
STRUGG
"We still call for the firing of
police Chief Jim Everett, whose
support of brutality among Austin
Staff
police officers fans the flames of
Photo
racist police attacks," Turner
Black Citizens Task Force President Dorothy Turner on 18-
said.
month daily picket: 'That is a victory for justice-loving people.
Turner was joined by other
members of the task force in
Turner said.
ner said.
front of the Police Department at
"We will conduct teach-ins. We
"Only an impartial and inde-
715 E. Eighth St. Saturday to an-
feelsa lot of peoplè need to be
pendent civilian review board
nounce the end of the picket line.
aware of what to look for when
can ease the police brutality so
Included in the group was task
they are stopped by a police offi-
many blacks and other Austinites
force member Paul Randall, who
cer. A lot of officers refuse to
face. board established and
said he has picketed the police ac-
even give their names, and peo-
led by police department officials
tions every day since the protest
ple are intimidated and afraid of
can ev begin to address this is
was organized in late 1984.
being harassed." Turner said.
sue." she-said
Randall said the protest gener-
Turner said her group hus de-
The ask force members said
ated interest in the police brutal-
termined that police brutality is a
the lastle months of protest have
ity issue. "One of the ways you
problem throughout the city, She
been successful because many
can measure consciousness-rais-
said she receives two or three
more people are aware of the
ing is by the amount of horn blow-
calls a month from people who
lice brutality issue.
ing, and it has increased
say they were mistreated by po-
"That a victory for all justice
tremendously," Randall said.
lice officers. The callers have
loving people," Turner said.
The task force plans to collect
said they were hit and shoved
She stressed that the group's
brutality complaints in writing
around by police officers, task
actions are not aimed at all police
and present those complaints to
force members said.
officers, We're not anti-police
the City Council on a regular ba-
The task force also plans to
Wetre anti-police brutality."
Tur-
Randall said. The group also
continue its efforts to create a ci-
ner said,
educational forums to ad-
vilian review board. "The police
Evered could not be reached
issue of police brutality,
cannot police themselves," Tur-
for comment
70
The Austin American Statesman - 08/06/1984
Austin American-Statesman
Jay Smith Publisher
Clayson Frink President
Arnold Rosenfeld Editor
Rowland Netheway Editorial Page Editor
Jeff Bruce Managing Editor Maggie Balough, Assistant Managing Edition
Tom Barry Chief Editorial Writer
Editorial/Opinion This is 8 page of opinion and commentary The unsigned editorials in
the left-hand column represent the opinions of the Austin American-Sisterman The signed
columns contain the opinions of the authors The letters are the opinions of our readers
Page A6
Aug fl. IHI
Police brutality charge
needs serious attention
T
he report, backed by eye-wit-
police that the suspects had not
nesses, that an Austin police of
resisted
ficer beat a handcuffed suspect
with a nightstick on a busy South Aus-
Witness Andrew Otto said "May"
field jumped out of his car with his
tin community questions street Friday about evening state raises of police- anew
stick and started beating this kid He
the
hit him on the head and the back The
relations under Police
Chief Jim Everett. There should be a
kid was yelling, and there was nothing
he could do. It was brutal Then they
full understanding conveyed from the
let him lay there for a long time They
city manager that police brutality will
didn't get any medical attention for
not be tolerated here, period
him And he was bleeding. 1 don't
Late last year, 8 Nigerian student,
know how many times Ive hit him It
Evans Ekiye, was suffocated by police
was a bunch It was just totally un
officers who went to his North Austin
called for.
apartment after a neighbor reported
Pens. who was not charged with
ensued and after Ekiye was hand-
hearing Ekiye beating his wife. A right
anything was treated at Bracken-
ridge Hospital for bruises and a cut on
cuffed, his face was pressed against
the head that required at least six
the mattress of a water bed until he
stitches.
suffocated The death was ruled an ac-
Officer Mayfield, in his preliminary
cident by the medical examiner and a
report, said be struck Pena because be
grand jury later declined to indict the
thought he was trying to flee But how
four officers involved But Attorney
could a prone, handcuffed. 120-pound
General Jim Mattox has mounted a
man flee from at least four police offi-
probe of his own into the affair The
cers? Particularly if. as Pena states, at
incident was mishandled from the out-
the time another police officer had his
set. when Chief Everett not only im-
knees on Pena's shoulder?
mediately leaped to the defense of the
officers. but also quickly returned
If the facts are as Pena and the civil-
them to full duty. Police later said they
ian witnesses relate them. this should
be treated as a most serious breach
have changed their training program.
not only of proper police procedure
But on Friday evening police inter-
but also of the trust given to the police
nal affairs investigators were called
by the community. Austin police had
out after several citizens reported
developed a pretty good rapport with
they saw patrol officer David Mayfield
the community under Police Chief
beat a handcuffed suspect with a
Frank Dyson following long years of
nightstick About 10 witnesses at the
poor relations under his predecessor.
scene told police the attack appeared
The Ekiye and Mayfield incidents,
unprovoked
plus others, less well-documented but
Mayfield was placed on restricted
still of concern, make it appear that
duty while the incident is investigated
police-community relations are
That, considering the nature of the re-
deteriorating
ported incident, is appropriate
That, as the city's top officials
Kent Alan Wofford was driving a
should make crystal clear, is not
motorcycle with Junn Enrique Pena, a
acceptable.
fellow worker, as passenger Pena
said he had accepted an offer of a ride
home from Wofford As they headed
toward his home, Pena said. Wefford
made an illegal turn, in front of May
field, who pursued the motorcycle.
Pena said Wofford stopped, and that
he wanted to jump off the motorcycle,
but Mayfield was "coming right at us"
in
with his Pena patrol still car. aboard Wetford The sped high-speed away,
chase ended when three police vehi-
cles stopped the motorcycle at West
Gate and William Cannon boulevards
Pena and Wofford were reportedly
handcuffed and lying on the ground
when Mayfield arrived. Witnesses told
71
FLASH POINT #3
Questions to Consider:
1. How do you think the teenagers who filed the lawsuit and their families talk about police
in the years following this incident?
2.
What reaction do you have to the community member who said that he wasn't at all
surprised that the jury sided with the police? What does this person's reaction tell you
about community members' faith in the criminal justice system?
"The Valentine's Day Party" Incident
On February 11, 1995, Ira Bedford threw a Valentine's Day party for his teen-age
children in East Austin. There were roughly 60 children in attendance at the party, but Mr.
Bedford was not the only adult there; the party was attended by several parent chaperones. 32 As
the party progressed Mr. Bedford had some unwelcome guests. Namely a gang member carrying
a gun. Mr. Bedford called the police to come remove the gang member. 33 It is at this point in the
story where things become unclear. Community members say one thing and the police officers
say another.
According to many community members, the gang member was actually removed from
the party prior to the police officers arriving on the scene. The police officers claimed that it was
they who removed the party goer. 34 Whether or not the gang member was removed by police
seems to be irrelevant, but what comes next is relevant. The police officers stayed at the party
after the gang member was removed. The police officers said it was to break up a fight between
two adults, but many party goers insisted there was no fight. 35 In the following moments a police
officer was struck in the head with a blunt object. At this moment an "officer down" call went
out over the radio and around 60 police officers ended up on the scene. 36
Party goers were pepper sprayed, and had guns drawn on them by the police officers.
While the officers deny it, 15 of the teenagers were willing to testify in federal court that at least
some of them had guns placed to their head, and that the officers used racial epithets while
yelling at them. 37
A group of teenagers filed excessive force complaints and sued the Austin Police
Department in federal court. The jury never reached the question of whether excessive force was
used because the case was decided on procedural technicalities. The teenagers did not win their
lawsuit, and ended up taking nothing, which only functioned to further sour relations between the
police department and the community. 38
While the facts are certainly disputed, and perhaps are lost to history forever, the
sentiments that the community members felt in the aftermath of the incident leave no room for
question about how they felt. There was a deep mistrust of police that was planted despite the
police departments attempts to mend the relationship. 39 Community members wrote editorials to
the newspapers, and some even went SO far as to take out mock ads in The Daily Texan urging
people to not call the police. Even in hearing the final result of the federal trial, which was given
72
by a jury with no black members, many community members reacted by saying they expected
they wouldn't receive the justice they felt they deserved because, "[they] knew [the jury] were
going to go with the police side, they've been doing this for years." ,40
73
News Coverage:
Mock Ad taken out in "The Daily Texan"
BEWARE
Armed bands are roaming the highways
and marching through your neighborhood.
They may even try to enter your home!
Watch for these gang identifiers:
Vehicles: Sport cars, four-door sedans, and vans,
often painted black and white, with sirens and
flashing red and blue lights.
Clothing: Well kept dress uniforms, usually blue
or black (gang colors), and adorned with patches
and badges. Head-wear varies. Other accessories
include gun belts, handcuffs, hand-held radios,
and large flashlights.
Armaments: Handguns, shotguns, assault rifles,
tear-gas rifles, billy clubs, shields, bullet-proof
armor, helmets, and face-shields.
Demeanor: Surly and hostile or aggressively
friendly.
These gangs are highly organized,
well armed, and potentially violent.
Warn your friends and neighbors.
Do Not Provoke Them!
Do Not Let Them Corner You!
Protect
TYPICAL GANG MEMBER
Yourself
74
sidents react with ambivalence - The Austin American Statesmen - 1998.
Residents react
with ambivalence
BY NICHOLE MONROE
Amercan-Statesman Staff
James Hardeman said he wasn't
surprised at a jury's decision
Monday in the Cedar Avenue civil
rights trial As he sees it. minor
itles rarely stand a chance when
It's their word in court against the
word of police officers.
"I knew they were going to
lose," Hardeman 32. said of the 15
plaintiffs who sued the Austin Po-
lice Department alleging that
their rights were violated when
police descended on a 1995 party in
Ralph Barrera/M-S
East Austin
James Hardeman says the Cedar
"I knew they were going to go
Avenue verdict didn't surprise him
with the police side, Hardeman
-juries tend to go against African
said "They've been doing this for
Americans, he says.
years.
Although the jury concluded
bunch of people around when (the
that the Police Department does
police) got there, I'm sure the po-
not have a policy that encourages
lice were scared, too."
excessive force against African
Opinions among non-African
Americans, broader questions re-
American residents were equally
main. Do Austin police treat Afri-
ambivalent.
can Americans the same way they
They to carry nightsticks
treat white people? Would police
and guns, and they sometimes
officers have responded the same
have an ego," Liam Douglass, 41.
way in a white neighborhood?
said of police. "They have a pro-
In the court of public sentiment,
pensity to be violent because of
where perception is almost as im-
the nature of the job. Sometimes
portant as reality. the opinions
they think they will be the judge
Monday transcended racial lines.
and the jury."
In interviews with nearly two-doz-
Pat Felter, 46, also said police
en Austin residents, many minor-
acted the way they would to any
ities echoed Hardeman's beliefs,
crowd, regardless of its racial
while other African Americans
mukuup When
said the teen-age partygoer% might
jured all bets are off. Felter said
have deserved the treatment they
Any time you have a crowd of
received from police that night
any type of people. the
Florence Barrs, 66, said she
etycis higher
thinks police reacted appropriate
Some veteran officers said they
ly when they responded to a dis-
do not believe the department ha-
turbance call at the party on
bitually discriminates against ml-
Cedar Avenue, One officer was
nority citizens.
swuck in the head answering the
"As far as the Cedar Street/case
call. prompting more than 80 oth-
I wasn't there and didn't hear
er officers to flock to the scene
the facts, NO I can only go by what
Teen-agers are bad. They don't
the jury decided," said senior pt
want to be blamed for what they
lice Officer Joe Munoz. president
did." Barrs said "I have a feeling
of Amigos en Azul, a group that
that they did provoke the police.
represents Hispanic officers with
Veronda Stewart, whose cousin
in the Police Department "But
was at the Valentine's party in
from what I have observed. 1 don't
February 1996, said she was sur-
think there is a pattern of dis
prised at Monday's verdict.
crimination."
They did do them wrong."
Sgt. Carl Pardinek of the depart
ment's auto-theft unit agreed "In
Stewart said. "Police can be so
rude. You try to talk to them. and
my 18 years with the police force. I
have never come across a bigoted
they don't listen. They just threw
officer," he said "I've never seen
my cousin down."
officers treat someone poorly be
Bo Martinez, 28. sympathized
cause they were of a particular
somewhat with the police
type or color. I'm very glad about
You never know what really
the jury's verdict."
happened that night, and they
might have gone too far." Marti-
Staff writer Bob Banta contributed to this
nez said. "But If there were
a
article.
75
1
See MICHELLE ALEXANDER, THE NEW JIM CROW (2010).
2 Greg Kirkorian, Federal and State Prison Populations Soared Under Clinton, Report Finds, LA TIMES, Feb. 19,
2001. latimes.com/archives/la-xpm-2001-feb-19-mn-27373-story.html.
3 See Alexander, supra note 1.
4
THE SENTENCING PROJECT, TRENDS IN U.S. CORRECTIONS, 1(2019).
5 Id. at 5.
6 Id.
7 Id. at 7.
8 See Alexander, supra note 1.
9
BUREAU OF JUSTICE STATISTICS SPECIAL REPORT, POLICE DEPARTMENTS IN LARGE CITIES, 1990-2000, 11 (2002).
https://www.bjs.gov/content/pub/pdf/pdlc00.pdf.
10
Police brutality charges leveled after Klan rally, UNITED PRESS INT'L, Feb. 20, 1983.
https://www.upi.com/Archives/1983/02/20/Police-brutality-charges-leveled-after-Klan-rally/4181414565200
11 Id.
12 Id.
13 Id.
14 Id.
15 Id.
16
Around the Nation; Inquiry Set in Violence Over Texas Klan Rally, NY TIMES, Feb. 22, 1983, at 12.
17 Id.
18 Tim Sheehy, Klan parade goes peacefully this year, UNITED PRESS INT'L, Apr. 14, 1984.
19 Id.
20 Ken Herman, Police 'Negligent' In Nigerian's Death, ASSOCIATED PRESS, Sep. 13, 1985.
https://apnews.com/8aefe976baf73aa8927db6983944ddab
21 Id.
22 Id.
23 Id.
24 Id.
25 Id.
26 Id.
27 Cheryl Coggins Frink, Picket Ends, AUS. AM. STATESMAN, Jun. 8, 1986.
28 Ken Herman. Police 'Negligent' In Nigerian's Death. Associated Press. Sep. 13, 1985.
https://apnews.com/8aefe976baf73aa8927db6983944ddab
29 Frink, supra note 27.
30 Id.
31
Police brutality charge needs serious attention (Editorial), AUS. AM. STATESMAN, Aug. 6, 1984, at A6.
32
Claire Osborn & Mike Todd, Residents say police abusive at party; Report of officer down sparks convergence on
East Austin gathering, AUS. AM. STATESMAN, Feb. 13, 1995, at B1.
33 Id.
34 Jim Phillips, Chief gives police account of East Austin confrontation, AUS. AM. STATESMAN, Feb. 14, 1995.
35 Id.
36 Bob Banta, Police work to heal wounds left by Cedar Avenue incident, AUS. AM. STATESMAN, Feb. 19, 1996, at
A1.
37 Carol Wright. East Side Injustice (opinion). THE DAILY TEXAN. Apr. 7, 1995.
38
Chuck Lindell. Jury sides with Austin police. AUS. AM. STATESMAN. Mar. 31, 1998.
39
Bob Banta. A year after incident, Cedar Ave. residents still wary of police. AUS. AM. STATESMAN. Feb. 11, 1996.
Pg. B1.
40
Nicole Monroe, Residents React with Ambivalence, AUS. AM. STATESMAN, Mar. 31, 1998, at A9.
76
Part V: Final Reflection
Introduction:
The hope is that by this point in the class the students will have thoroughly made the connection
that while their own views of police, which were shaped by factors from their own lives, caused
them to want to join the police force, many community members do not have such a positive
view of police, and that is because of the factors in their own lives. Students should understand
both the broad history, and the specific instances of Austin's history that contributes to these
views. Some students may feel disheartened at this moment. Others may feel attacked. It is
important as an instructor to ground the students before going into this final reflection that the
purpose of presenting the previous information was not to make the students feel guilty. It was
not to accuse the students of being bad people for wanting to be police officers. Rather, it was
meant to make them even more effective police officers. If they are able to understand this
country's and this city's history of police and race relations, then they will be able to approach
community members with more empathy. Their ability to do this will hopefully begin the
process of mending the relationship that has been strained by SO many years of police officers not
taking the time to do just this.
Essential Question:
How will the lived experiences and the history of the communities you are policing interaction's
with the police shape the way you approach future interactions?
Enduring Understanding:
A police officer who is informed on the historic relationship between the police and communities
of color will bring more empathy to their future interactions with community members. They
will better understand where the community's mistrust comes from, which is the first step on
repairing the mistrust and moving forward.
Procedure:
1. The instructor should take what is written in the introduction to this section seriously, and
actually verbally explain to students that s/he understands that some of them may be feeling
either guilty or attacked. Let the students know that this is not the purpose of the information,
but rather that the information was meant to foster empathy for community members, which
will in turn make them more effective police officers. The instructor should say that the hope
of the course is that the students will bring this information forward with them into their
careers, which is why they are about to be asked to reflect on the ways they will do this.
77
2. The instructor should distribute the handout labeled "Final Reflection". The students should
be given 5 to 10 minutes to silently write a response to the prompt. This writing exercise
should be low stakes, and serve as a time for the students to honestly reflect on what they
learned and how it will be useful for them moving forward.
3. Provide at least three students the opportunity to share out. If you notice that students still
feel dejected or attacked by the material that has been covered try again to guide them back
to the major message of the course: this information is meant to make them even more
effective officers by allowing them to empathize with community member's mistrust SO that
they may work to rebuild that trust.
4. Finish by facilitating a conversation about how the officers can use this information moving
forward to foster better relationships with community members.
a. Potential Questions:
i. How can we show community members that we understand that there has
been a long history of distrust between the community and the police, but that
we want to work together to mend that relationship?
ii. What can we do to make community members trust us more moving forward?
iii. How can we use our power as police officers to make community members
feel safe when we are around instead of fearful?
78
Final Response
Instructions:
Please silently and independently take the next 5 to 10 minutes to write a meaningful
response to the prompt below.
How will the lived experiences and the history of the communities you are policing
interaction's with the police shape the way you approach future interactions?
79
References
(Listed alphabetically)
1. Around the Nation; Inquiry Set in Violence Over Texas Klan Rally, NY TIMES, Feb. 22, 1983,
at 12.
2. AUSTIN POLICE-COMMUNITY RELATIONS TASK FORCE, FINAL REPORT (1974).
3. AVAAZ, Is THIS JUSTICE INFORMATIONAL GRAPHIC.
4. Bob Banta, Police work to heal wounds left by Cedar Avenue incident, AUS. AM.
STATESMAN, Feb. 19, 1996, at A1.
5. BOB RESCOLA ET AL., AUSTIN HISTORY CENTER, AUSTIN POLICE DEP'T GUIDE (2018).
6. Boycott by negro race, AUS. AM. STATESMAN, Apr. 8, 1906.
7. Boycott Ordinance may be introduced, AUS. AM. STATESMAN, Apr. 9, 1906.
8. BUREAU OF JUSTICE STATISTICS SPECIAL REPORT, POLICE DEPARTMENTS IN LARGE CITIES,
1990-2000, 11 (2002). https://www.bjs.gov/content/pub/pdf/pdlc00.pdf.
9. Cheryl Coggins Frink, Picket Ends, AUS. AM. STATESMAN, Jun. 8, 1986.
10. CHICAGO PUBLIC SCHOOLS CURRICULUM, REPARATIONS WON: A CASE STUDY IN POLICE
TORTURE, RACISM, AND THE MOVEMENT FOR JUSTICE IN CHICAGO, 10 (2017).
11. Chicanos seek funds for agency to process brutality complaints, AUS. AM. STATESMAN, Jul.
20, 1978, at B6.
12. Christy Drennan, The hole: A quiet place where police go for various reasons - sometimes to
talk with a suspect. HUSTON CHRON., May 14, 1977
13. Citizen-Task Force Approved, AUS. AM. STATESMAN, Oct. 18, 1974.
14. City Police Chief Miles Meets With Grand Jury, AUS. AM. STATESMAN, Oct. 9, 1974.
15. Claire Osborn & Mike Todd, Residents say police abusive at party; Report of officer down
sparks convergence on East Austin gathering, AUS. AM. STATESMAN, Feb. 13, 1995, at B1.
16. DAVID HOROWITZ, JIMMY CARTER AND THE ENERGY CRISIS OF THE 1970s: THE" CRISIS OF
CONFIDENCE" SPEECH OF JULY 15, 1979: A BRIEF HISTORY WITH DOCUMENTS (2005).
17. EQUAL JUSTICE INITIATIVE, LYNCHING IN AMERICA: CONFRONTING THE LEGACY OF RACIAL
TERROR (3d ed., 2017). https://lynchinginamerica.eji.org/report/.
18. Glenn Garvin, Berets cry brutality, but the neighbors. AUS. AM. STATESMAN, Nov. 12,
1977, at B1.
19. Greg Kirkorian, Federal and State Prison Populations Soared Under Clinton, Report Finds,
Los ANGELES TIMES, Feb. 19, 2001. latimes.com/archives/la-xpm-2001-feb-19-mn-273734
story.html.
20. Hollie A. Teague, Black and Blue in North Texas: The Long Neglected History of Anti-Black
Police Violence in North Texas, 1880-1930, 49(8) J. OF BLACK STUD. 756 (2018).
21. HOWARD RABINOWITZ, RACE RELATIONS IN THE URBAN SOUTH: 1865-1890 (1978).
22. JAMES ALLEN, ED., ET AL., WITHOUT SANCTUARY: LYNCHING PHOTOGRAPHY IN AMERICA,
117-118 (2000).
80
23. Jason J. McDonald, Confronting Jim Crow in the "Lone Star" capital: the contrasting
strategies of African-American and ethnic-Mexican political leaders in Austin, Texas, 1910-
1930, 22(1) Continuity and Change 143, 153 (2007).
24. Jim Phillips, Chief gives police account of East Austin confrontation, AUS. AM. STATESMAN,
Feb. 14, 1995.
25. John C. Henry, Federal grand jury probing Couch's death, AUS. AM. STATESMAN, Aug. 29,
1979, at A1.
26. John C. Henry, Snell criticizes coroner, AUS. AM. STATESMAN, Sep. 10, 1979, at B3.
27. Katie Humphrey, 1906 boycott of streetcars gave Austin's blacks a voice, AUS. AM.
STATESMAN. Jan. 21, 2008.
28. Ken Herman, Police 'Negligent' In Nigerian's Death, ASSOCIATED PRESS, Sep. 13, 1985.
https://apnews.com/8aefe976baf73aa8927db6983944ddab
29. KEVIN MICHAEL FOSTER, INSTITUTE FOR URBAN POLICY RESEARCH & ANALYSIS,
DESTRUCTION OF BLACK COMMUNITIES IN THE NAME OF PROGRESS, THE CASE OF AUSTIN,
1865-1928 (2019).
30. KOCH & FOWLER CONSULTING ENGINEERS, A CITY PLAN FOR AUSTIN, TEXAS (1928).
31. LARRY K. GAINES & VICTOR E. KAPPELER, POLICING IN AMERICA (7th ed. 2011).
32. Linda Kerr, Police brutality charges draw 500 to Capitol rally, AUS. AM. STATESMAN, Nov.
13, 1977, at B11.
33. Lynda Richardson, Reactions varied to cop's altercation, AUS. AM. STATESMAN, Aug. 16,
1979, at B1.
34. Marilusia Rincon, 40 years ago police killed Joe Campos Torres sparking massive Moody
Park Riots, HUSTON CHRON. ONLINE. https://www.chron.com/news/houston-
texas/article/Joe-Campos-Torres-Moody-Park-riots-11135844.php.
35. MICHELLE ALEXANDER, THE NEW JIM CROW (2010).
36. Mike Kelley, City task force began, may end in bitterness, AUS. AM. STATESMAN. May 25,
1975.
37. Nicole Monroe, Residents React with Ambivalence, AUS. AM. STATESMAN, Mar. 31, 1998, at
A9.
38. Police brutality charge needs serious attention (Editorial), AUS. AM. STATESMAN, Aug. 6,
1984, at A6.
39. Police brutality charges leveled after Klan rally, UNITED PRESS INT'L, Feb. 20, 1983.
https://www.upi.com/Archives/1983/02/20/Police-brutality-charges-leveled-after-Klan-
rally/4181414565200/
40. Police-community Task Force Named, AUS. AM. STATESMAN, Oct. 25, 1974.
41. PRISON POLICY INITIATIVE, STATES OF INCARCERATION: THE GLOBAL CONTEXT 2018 (2018).
https://www.prisonpolicy.org/global/2018.html
42. PRISON POLICY INITIATIVE, TEXAS INCARCERATION RATES By RACE/ETHNICITY, 2010.
43. PRISON POLICY INITIATIVE, UNITED STATES INCARCERATION RATES BY RACE AND ETHNICITY,
2010.
81
44. Robert Schwab, Grand jury to probe death, AUS. AM. STATESMAN, Aug. 2, 1979, at A1.
45. Robinson Block, Moody Park: From the Riots to the Future for the Northside Community,
9(3) HOUSTON HIST. MAG. 22 (Summer 2012).
46. SALLY E. HADDEN, SLAVE PATROLS LAW AND VIOLENCE IN VIRGINIA AND THE COLONIES
(2001).
47. Stephen L. Carter, Opinion, Policing and Oppression Have a Long History, BLOOMBERG
OPINION, Oct. 29, 2015, ,https://www.bloomberg.com/opinion/articles/2015-10-29/policing-
and-oppression-have-a-long-history#footnote-1446147495376
48. Stephen Tuck, 'We Are Taking Up Where the Movement of the 1960s Left Off': The
Proliferation and Power of African American Protest during the 1970s, 43(4) J. of Contemp.
Hist. 637 (2008).
49. Terry Box, Residents exert pressure, AUS. AM. STATESMAN, Aug. 24, 1979, at B1.
50. THE SENTENCING PROJECT, TRENDS IN U.S. CORRECTIONS, 1(2019).
51. The Task force report, AUS. AM. STATESMAN, Aug. 20, 1975.
52. Tim Sheehy, Klan parade goes peacefully this year, UNITED PRESS INT'L, Apr. 14, 1984.
53. U.S. Const. Amend. XIII.
54. U.S. Const. Amend. XIV.
55. U.S. Const. Amend. XV.
56. U.S. House of Representatives, Office of the Historian, Black Americans in Congress: An
Introduction, BLACK AMERICANS IN CONGRESS, 1870-2007 (2008)
https://history.house.gov/Exhibitions-and-Publications/BAIC/Historical-
Essays/Introduction/Introduction/.
57. US INFLATION CALCULATOR, COINNEWS MEDIA GROUP LLC.
https://www.usinflationcalculator.com/.
58. W.D. Shelley, Jim Crow Law Soon, AUS. AM. STATESMAN, May 27, 1906, at 9.
82