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ACLU of Wisconsin Condemns Police Handling of Independence Day Incident

October 31, 2000

Spanish

In a letter sent October 31, 2000 to Milwaukee Police Chief Arthur Jones, the American Civil Liberties Union of Wisconsin expressed it concern with the MPD response to an impromptu celebration of Mexican Independence Day on September 16, 2000.

The ACLU of Wisconsin Board of Trustees first meeting since the incident was held on Saturday, October 28, 2000. At that meeting the ACLU/WIF Board unanimously voted to express its dissatisfaction with the Milwaukee Police Department's handling of the celebration. The ACLU's letter said that the organization will continue "to oppose the improper application or over-energetic enforcement" of various city ordinances, "where the right of free speech is involved...."

"The Department should have known how to deal with this celebration in a way that compromised neither public safety nor free speech activity," said ACLU of Wisconsin Foundation Legal Director, Micabil Diaz.

"The Department's apparent over-reaction at the Independence Day celebration is a step backward in establishing the mutual trust that is essential to good community police relations. We have not seen enough done since the incident to restore that trust," said Attorney Diaz added. "Our Board asked me to write the Chief because all Milwaukeeans, regardless of where they live or what their ethnic background may be, deserve the same high quality of police service," Diaz concluded.

A copy of ACLU/WIF's letter to Chief Jones is attached.

 

TO: Chief Arthur Jones, Milwaukee Police Department
FROM: Micabil Diaz, Esq., ACLU/WI Legal Director
DATE: October 31, 2000
RE: Incident in Cesar Chavez Drive

Dear Chief Jones:

The purpose of this letter is to address our concern with regards to the above incident that occurred in Milwaukee's south side on September 16, 2000.

Our Board met this past weekend and after evaluating the facts unanimously voted to censure the response taken by your department. We are dismayed by the actions taken by your department on an impromptu gathering of citizens celebrating their independence holiday. Although we understand your concerns with regards to the safety of the public at large, the ACLU will continue to oppose the improper application or over-energetic enforcement of disorderly conduct, trespass, traffic violations and similar ordinances where the right of free speech is involved and where the inconvenience is minor.

It was apparent from the last Fire and Police Commission's meeting that a lack of sensitivity and cultural awareness was displayed by your personnel during the execution of what you described as a "cruising protocol." The apparent absence of a Latino police officer, while the events developed, in a well known and predominantly Latino neighborhood; clearly affected and clouded the assessment of the situation by the on site commander. The current feeling of distrust among the Latino citizens of this community toward your department illustrates the need for departmental policies and standard operating procedures that allow all citizens to engage in free speech activities. In addition, apparently there is a need for more cultural and diversity training by your officers at all levels of command.

Moreover, in order to help us understand your department's "cruising protocol," please provide us with copies, as soon as practicable and without delay, of all policies, manuals, standard operating procedures in your custody pursuant to § 19.35, Wis. Stats. Please note if there is a fee of more than $25.00, advise us before proceeding.

In closing, we at the ACLU are deeply concerned by these events and disapprove the actions taken by your officers as a result of improper assessment and training. We will continue to be vigilant wherever civil rights are interfered with and reserve the right to take appropriate action where action is needed.

Sincerely,

Micabil Diaz, Esq.
Legal Director, American Civil Liberties Union of Wisconsin

 

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