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Help Stop a Dangerous Piece of Legislation

by: ACLU of WV

Thu Mar 04, 2010 at 14:20:58 PM EST


( - promoted by Wabi-Sabi)

It has been a very busy legislative session on the civil liberties front.  As of the 50th day of the session (when bills must make it out of their chamber of origin) ACLU of WV can announce that a few good bills are still alive while other bad pieces of legislation have perished.  We will have a more conclusive update on the whole legislature at a later date. 

However, what is un-arguably one of the most dangerous pieces of legislation I have ever seen during my tenure is still breathing and the progressive community must help to defeat it. 

House Bill 4188, also known as the "Anti-Criminal Street Gang Act" will undoubtedly increase an already serious racial profiling problem we know exists in West Virginia.  And let's be clear, when I say "we know racial profiling exists," it is because a study of over 300,000 traffic stops conducted over 18 months showed that minority drivers were one-and-a-half more times likely to be stopped on West Virginia roads and, once stopped, two-and-a-half times more likely to have their vehicles searched.  The real kicker is ultimately, minority drivers were less likely to have any illegal contraband on them then their white counterparts. 

And that is just the statewide average.  On a local level, depending on which departments you isolate, the problem gets much worse and that is why this bill must be stopped.  The legislation gives very broad powers to law enforcement to stop or question individuals hanging out in groups of three or more for nothing more that the clothes they are wearing or anything else law enforcement deems to be "gang related."

This is the legislative equivalent of throwing gasoline on a brush fire. 

What you can do:

First, call Senate Judiciary Chairman Jeff Kessler at 304.357.7880 and urge him NOT to run HB 4188.  You can be specific by asking that he "Keep it off of the agenda."

Second, because I know this blog has a substantial Eastern Panhandle readership, call Senator Herb Snyder (D-Jefferson) and politely request he NOT support HB 4188.  His Capitol Phone # is 304.357.7957

Thank you for your activism.  

ACLU of WV :: Help Stop a Dangerous Piece of Legislation
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The results of the Traffic Stop Study (0.00 / 0)
http://www.dcjs.wv.gov/SAC/Pag...

There is a ton of information, and you can go department by department.  One of the things it is important to realize is the mechanism that drives the disparity down.  Realize this, there are many places in West Virginia where there is no minority presence and correspondingly, no or very little disparity in the overall rates of stop and search.  The reason this is important is because it has a tendency to drive down the overall disparity average for the state.

This makes the problem look a lot less serious than it is because the parts of West Virginia with significant minority communities have stop and search disparity rates a good bit higher than the statewide averages, in most instances.      


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