NYCLU Study Show Marked Racial Patterns in NYPD Drug Arrests Over Decade


WPCNR POLICE GAZETTE. From the New York Civil Liberties Union. (Edited) April 29, 2008: In a news conference Tuesday, the New York Civil Liberties Union released a report, The Marijuana Arrest Crusade in New York City: Racial Bias in Police Policy 1997-2007, the first “in-depth” study of misdemeanor marijuana arrests in the city during the Giuliani and Bloomberg administrations.


The report notes the NYPD arrested and jailed nearly 400,000 people for possessing small amounts of marijuana between 1997 and 2007, a tenfold increase in marijuana arrests over the previous decade and a figure demonstrating racial and gender disparities. The records of those persons stopped, frisked and found not to be in possession also show the persons stopped at random are overwhelmingly non-white.



The report, The Marijuana Arrest Crusade in New York City: Racial Bias in Police Policy 1997-2007, is the first ever in-depth study of misdemeanor marijuana arrests in New York City during the Giuliani and Bloomberg administrations.


 








Researched and written by Prof. Harry G. Levine, a sociologist at Queens College, and Deborah Peterson Small, an attorney and advocate for drug policy reform, the report is based upon two years of observations in criminal courts as well as extensive interviews with public defenders; Legal Aid and private attorneys; veteran police officers; current and former prosecutors and judges; and those arrested for possessing marijuana. 


“The massive, organized and relentless pursuit of these arrests under two mayors and three police commissioners represents a crusade by law enforcement,” Levine said. “But that term does not capture other important characteristics of these arrests – including the harm they inflict on black and Latino young people and their families.”


Small Amounts Arrests



Between 1997 and 2007, police arrested and jailed about 205,000 blacks, 122,000 Latinos and 59,000 whites for possessing small amounts of marijuana. Blacks accounted for about 52 percent of the arrests, though they represented only 26 percent of the city’s population over that time span. Latinos accounted for 31 percent of the arrests but 27 percent of the population. Whites represented only 15 percent of those arrested, despite comprising 35 percent of the population.  


Government surveys of high school seniors and young adults 18 to 25 consistently show that young whites use marijuana more often than young blacks and Latinos. The arrests also are heavily skewed by gender. About 91 percent of people arrested were male.



“The numbers speak for themselves,” said Donna Lieberman, executive director of the NYCLU. “The NYPD routinely targets young men based on their skin color and where they live. Arresting and jailing thousands for marijuana possession does not create safer streets. It only fosters distrust between the police and community and strips hundreds of thousands of young New Yorkers of their dignity.”   


Stop-and-Frisks Up —


All Stop-and-Friskees were half Black.


The arrests, which cost taxpayers up to $90 million a year, are indicative of the NYPD’s broken windows approach to law enforcement, in which police focus on minor offenses as a method of reducing crime. This approach, also called quality of life policing, has caused a dramatic spike in stop-and-frisk encounters between police and city residents.



In 2007, the NYPD stopped nearly 469,000 New Yorkers. Eighty-eight percent were found completely innocent of any wrongdoing. The racial disparity in the stop-and-frisk encounters is almost identical to the disparity in marijuana arrests: though they make up only a quarter of the city’s population, more than half of those stopped were black.  


Robin Steinberg, executive director of the Bronx Defenders, said the increase in marijuana arrests is linked to the quality of life initiative and the increase in NYPD stop-and-frisk street interrogations.



“If you work in this community for any length of time, you see it first hand – police randomly stopping and searching kids on the streets,” she said. “It’s no surprise that so many residents feel like they are living in a police state. The people in these neighborhoods are subject to a level of intense policing not found in affluent communities.”       


Labels Youngsters Early


Marijuana arrests do not reduce serious or violent crime. According to a study by two University of Chicago professors, these arrests only take police off the streets and divert them into nonessential police work. What they do succeed in is driving thousands of young men of color into the criminal justice system.



“By targeting black and Latino youth for misdemeanor marijuana arrests, the NYPD is labeling children with criminal records for offenses the law deems a violation, not a crime,” said Small, executive director of Break the Chains, a non-profit organization that advocates for reforms of punitive drug laws. “The consequences of the arrests follow these children for the rest of their lives. It was to avoid these consequences that marijuana possession was decriminalized in the  first place. It is particularly perverse that black and Latino youth are being targeted for violating a law that was passed to reduce the likelihood that young people would acquire criminal records for possessing small amounts of marijuana.” 


The majority of the nearly 400,000 people arrested for possessing marijuana were not carrying or smoking the drug in public. Most people simply had a small amount of marijuana in their possession, usually concealed in a pocket or backpack. New York State decriminalized marijuana possession in 1977, making it a violation like speeding or driving through a stop light. When police officers coerce or intimidate people into showing marijuana in the open, though, they are able to classify it as a misdemeanor and arrest for it.



 “The criminal complaint always charges that they had it in open view,” Steinberg said of her clients in the Bronx. “That is preposterous. It’s obvious that everyone isn’t walking around carrying pot in open view.”


 Police did not focus on marijuana arrests from 1977 through 1996, arresting around 30,000 people total in both decades for possessing less than an ounce of marijuana. But police equaled or topped that 10-year arrest total in nine of the next 11 years. In 2007 alone, police made 39,700 arrests for marijuana possession.



The NYPD, rarely shy about touting success, does not promote its record-breaking crackdown on small-time marijuana possession. The report identifies incentives for the NYPD to focus on marijuana arrests. For instance, the arrests provide police officers a relatively safe and easy way to demonstrate productivity, especially in an organization such as the NYPD that heavily relies on statistics to measure effectiveness. Among other benefits, the arrests also help officers accrue overtime pay. Supervisors use marijuana arrests to generate arrest records, facilitate supervision of police activities and show that their officers are productive.   


The arrests also succeed in dramatically expanding the NYPD’s vast database of New Yorkers’ personal information. Each marijuana arrest brings a new set of fingerprints and photos into the NYPD’s extensive system.



Three former police chiefs of some of the nation’s largest cities have endorsed the report’s findings. All three of the former chiefs believe marijuana possession arrests are a waste of police resources that do not reduce violent crime.   


“Illegal, trivial, meaningless arrests undermine confidence in the justice system and corrupt the enforcers,” said Anthony V. Bouza, a former NYPD commander in the Bronx who was chief of police in Minneapolis from 1980 to 1989. “New York’s marijuana arrests are counterproductive, a classic misapplication of police resources.”



Norm Stamper, Seattle’s police chief from 1994 to 2000, said the enormous spike in marijuana arrests negatively affects both law enforcement and the community. 


“I do not believe the two New York City mayors and three police commissioners who have presided over these practices are motivated by personal racism,” Stamp said. “But the effects of these practices are deeply, undeniably discriminatory, as well as damaging to legitimate crime fighting, community relations and police morale.”



George Napper, Atlanta’s chief of police from 1990 to 1997, said the report reveals common policing patterns, including racially skewed stop-and-frisk searches, that are poorly understood by the general public.    


“People who care about the fate of American cities and the incarceration of racial minorities should read this fine study,” Napper said. “As a New York City police officer quoted in the report says: ‘Welcome to the real world.’”  



Among an extensive list of recommendations, the report urges policymakers to: 


·         Hold public hearings and thoroughly examine the costs, consequences, and racial, gender, age and class disparities of the NYPD’s marijuana arrest practices.


·         Ensure that law enforcement of marijuana offenses is consistent with the intent of New York State law.


·         Substantially increase the pay scale of police officers to reduce the need for overtime.


·         Require the NYPD to provide the City Council and state detailed, accurate and timely data on its arrests, citations and other practices, and make that information public.

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WPPAC Trustees Chairman Chides Press; Asks Unbiased Review — Official Statement

WPCNR FOR THE RECORD. April 29, 2008: Monday evening at the Common Council Budget Review session, John Ioris, Chairman of the Board of Trustees of the White Plains Performing Arts Center began the Center presentation requesting a $150,000 increase in city funding from the council with a statement taking exception to a press report in the Journal News quoting him as asking the extra funding because of fears Louis Cappelli would withdraw his funding. Ioris, in addition, disputed the press report on theatre activities in the first half of 2007.



John Ioris, reading his statement Monday evening in the Mayor’s Conference Room


Here is the text of Mr. Ioris’ statement read to the Common Council:


Ø Mayor Delfino and Members of the Common Council.


 


Ø Good Evening.


 


Ø My name is John Ioris and I am speaking on behalf of the WPPAC where I serve as Chairman of the Board of Trustees.  Please allow me to take this opportunity to introduce several of my fellow Board Members who have joined us on this stormy evening.  Rick Ammirato, Bob Cole, Bill Fishman, our Vice-Chair Susan Egginton, Michael Katz, Ted Peluso, Greg Schaffert, Jeff Schlotman & Jack Batman.  Also present are our three ex-officio members, Commissioners Habel, Abramowitz & Nicoletti.


 


Ø Initially, I had not planned to be presenting to you this evening, but in light of a very recent occurrence I have decided to make a few comments.  Our Executive Producer, Jack Batman and our Treasurer, Ted Peluso will speak to you on the merits of the WPPAC and its position in our community.  They will be following my presentation shortly.  I am here to correct the gross inaccuracies and misstatement of facts that appeared in yesterday’s front page story in the Journal News and their potential impact on our organization going forward.


 


Ø Please indulge me a few moments to set the record straight and I promise not to bore you with insignificant details.  I will enumerate only three of the misstatements of facts that are contained in the article.  They are as follows:


 


1.   The article gives the impression or makes the implication that I personally am requesting the increase to our funding.  This premise is totally false.  The WPPAC has twenty-six voting members on its Board of Trustees and the decision to request additional funding from the City of White Plains, as well as all pertinent business decisions, are approved by our Board at regularly scheduled meetings.


 


2.   The article also gives the impression that the organization was requesting additional funding from the City in anticipation of a cut in our funding from the Cappelli Organization.  This premise is categorically false.  At no time was the WPPAC ever informed that Louis Cappelli was pulling his financial support from the theatre.  Quite the contrary.  During my tenure as Chairman dating back to November, 2006, a period of seventeen months, Louis Cappelli has contributed $400,000 to the WPPAC for use in our day-to-day operations.  Mr. Cappelli’s most recent contribution, $150,000, was received in March of this year.  Louis Cappelli has responded favorably each and every time I have requested his help for the WPPAC.  His role in the building of the theatre notwithstanding, the facts are what the facts are, the WPPAC would not exist in its current form without the support of the Cappelli Organization.  This being said, it is both presumptuous and foolhardy to assume that past contributions will automatically assure that future contributions will be forthcoming at the same levels.  Our organization must not lose sight of this premise.


 


3.   Regarding our financial performance, the article states that the WPPAC had a surplus of some $66,000 which was only accomplished because our stage went dark and this is how we saved money and achieved a surplus.  This is the most troublesome part of this entire story.  It is indeed true that we had a surplus of over $66,000 during my first year as Chairman.  It is totally and completely false that our stage was dark.  During this purported period of darkness, the WPPAC ran 54 different shows and events which totaled 94 performances.  These performances entertained 22,851 patrons.  During this dark period, the theatre generated $938,000 in revenues.  It should also be noted that the surplus was achieved during a period where the organization was adding new hires in anticipation of implementing our new business plan which included this production season which is currently concluding with How to Succeed in Business Without Really Trying.  I should also add with some measure of pride that the $66,000 surplus was the first operating surplus in the history of the organization.  In my own humble opinion, our staff should be congratulated for a job well done and not have their accomplishment demeaned by false statements.


 


Ø Coming to a conclusion, I will ask the Mayor, the Council Members and any citizens present, to think outside the box for a moment.  What was the news quality of this article?  Why did it appear on the front page of the Sunday paper on the day before this work session?  Was it to highlight the significance of $150,000 as a part of a nearly $162 million budget?  Did it mention that we have not had an increase in our funding since our inception?  I think not.  The only explanation that makes any sense is that it was a deliberate attempt to sabotage the funding for an Arts organization that belongs to the citizens of this City.  There is no other purpose that I can see and understand.


 


Ø This Mayor and this Council have presided over an unbelievable Renaissance of this City and the White Plains Performing Arts Center is a spawn of this great Renaissance.  It is one of, if not the Jewel, of this great City.  For this fact, all of you should be proud.  The WPPAC is not a Democratic issue or a Republican issue.  It is a quality of life issue that enhances the existence of all of the residents of the City.  This City, and all of its citizens, deserves the WPPAC.  With your help and the help of our volunteer Board and the business community at large, it can continue to thrive, grow, and prosper.


 


Ø Mayor Delfino, members of the Common Council, the WPPAC is asking you not allow a news reporter, supporting some unknown agenda, to use misstatemts and falsehoods to make legislative decisions on your behalf.  Each of you were elected by the citizens of White Plains to use your best judgment regarding the management of the affairs of this City.  Please use that judgment to evaluate our request fairly and on its merits.  Please do not make this, the Arts, a political issue.  What we are asking you is simple.  If you like the face that has been painted on the WPPAC and would like the face to remain unchanged, please approve our request to increase our funding.  If you do not wish us to continue on our current course, well, I’m sure you’ll tell us that too and I would then expect our request to be denied.


 


Ø I would be happy to answer any questions that you may have either now or at the conclusion of Jack and Ted’s comments.


 


Ø Thank you all very much for your time.


 


 


 


 


 

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WPPAC “Proven Itself.”Cite Corp Angels. Ask $150G for Kids. Past Mgmt Mauled.


WPCNR STAGE DOOR. By John F. Bailey. April 28, 2008: An entourage of the White Plains Performing Arts Center Board of Trustees, lead by its Chairman John Ioris, White Plains Performing Arts Center Executive Producer Jack Batman and Board Treasurer Ted Peluso made a case to the Common Council Monday evening  that the troubled Performing Arts Center was out of trouble. That the “Little Theatre at the City Center”  had “turned the corner,” having its first “profitable” year in 2006-2007, (helped by a $150,000 bailout from Super Developer Louis Cappelli) despite past management that Treasurer Ted Peluso  criticized bluntly as inept:



“The reality is this theater this year (07-08) has proven itself,” Ted Peluso, WPPAC Board of Trustees Treasurer said. “The old regime  we just put on some mediocre productions that no one came to see and put on one really big disaster.” 


 


 


 



 


Jack Batman, Executive Producer, made an eloquent plea for the council to increase their funding from $100,000 a year to $250,000 in order that the theatre can fund four children’s programs.


They are The  Renaissance Theatre Project, the West Side Story project (an anti violence program), another theatre program for Latinos, and a performance program for Special Needs children. Batman said the bulk of the new money (already included in the 2008-2009 proposed budget), would be used for these programs and new


 



John Ioris, at head of table, with Jack Batman to his right, disputed Journal News Report at opening of meeting.


Under the new Jack Batman management, John Ioris, the Chair of the Board of Trustees for the White Plains Performing Arts Center said  the theatre had turned a “surplus of $66,000.”  He  began the meeting excoriating the Journal News in a lengthy statement taking a news article appearing in the Sunday Journal News to task for inaccuracies and alleged speculation.


The article quoted Mr. Ioris that Louis Cappelli, the local developer, in view of his recent falling out with the Common Council on the Ritz Carlton Island might not support the theatre. “At no time has Mr. Cappelli ever indicated he was pulling his support for the theatre,” Ioris told the council Monday evening. “WPPAC could not exist without the support of contributing corporations.’


 The article in question, (it should be noted) quoted Mr. Cappelli as saying he did not make decisions that way. Cappelli, in his comments is quoted by reporter Keith Eddings of the Journal News to say “I’d never let any dispute with the city council affect any of the charitable contributions we have either made or intend to make within the city or any municipality. Never.”


Ioris also stated the Journal News  report that the WPPAC was dark for six months in the first half of 2007 was “categorically false.”


 


Deja Vu



Three years ago In November 2005, WPCNR covered a similar request for additional funding for the WPPAC in a meeting in which the former Artistic Director, Tony Stimac, presented to the Common Council, making similar glowing reports supporting requesting an extra $100,000 from the Council to match donations to pay off debt incurred by Saving Aimee.


In that same fall of 2005,  a new Executive Director, Roy Cullom was hired by the Board to work with the former Artistic Director Tony Stimac.   It came to light, through a review of the finances Mr. Cullom executed, that in the first three years of its existence, WPPAC operating capital was drained because it was paying $500,000 a year in salaries and benefits to  the Helen Hayes Theatre employees in Nyack, which Mr. Stimac was also running. The two theatres  WPPAC and the Helen Hayes shared staff.


 

When the extent of this capital sharing was discovered, (apparently the Board of Trustees, some of whom were in the Mayor’s Conference room last night was unaware of the scope of  the revenue-sharing), the WPPAC relationship with Helen Hayes was severed, ultimately causing the closing of the Nyack  Helen Hayes theatre within a month of the termination of the agreement.


Cutback  


Operations of the White Plains theatre were cut back, spring major productions were cancelled and the theatre relied on its children’s productions to see it through to its $66,000 surplus in 2006-2007.


Stimac left the White Plains Performing Arts Center helm in June, 2007, at which time Mr. Batman was brought in as Executive Producer.  (The Board of Trustees, at the suggestion of Mr. Ioris,  had hired Batman to conduct  a survey to analyze what kind of programming the WPPAC should produce. Batman found musicals were what correspondents to the survey wanted. Subsequently Batman was hired to produce  the  current 2007-2008 season.)


Ioris denies cronyism


Ioris in his statement also denied his firm  Fresh Ice Productions had any working relationship with Batman. Ioris said the WPPAC was not “dark” for six months from January to June 2007, as the newspaper article had indicated, that 54 different events, running 94 performances and attracting 23,000 patrons took place those six months, producing $9,386 in revenues. Ioris said the article appeared to be a “deliberate attempt” to sabotage the theatre. He challenged the Council to not treat the theatre as “a political issue because the theatre was not a Democratic or Republican issue, but a quality of life issue. Don’t politicize this issue.”


 


Batman Notes Success.


Then producer Batman eased into the hot seat and appeared to impress the council with his impassioned description of the theatre’s growth. He said he took the job because he “didn’t think (White Plains) was being served well” by the previous years the theatre was in existence.; He said it has become an “economic asset to the city,” attracting 75% of its audience from outside the city, with customers spending money in stores, restaurants and coming back to White Plains.


Peluso, in his statements echoed this saying the city received S2.9 Million in ancillary income from running the theatre. Peluso said he based this on an extrapolation from a study on the benefits of having a producing theatre in cities.


Peluso also said the council had only been paying the WPPAC $100,000 a year (plus services), and that the council should be paying the WPPAC to the tune of $500,000 due to the numbers Peluso feels the theatre generates in dollars brough into the city.


Corporations on Board Big Time


Batman said he did not expect to sell out his major productions, but that he already has commitments from  Entergy, Con Edison, Verizon, and McDonalds to underwrite future productions. He said he would be offering tickets to musicals at reduced prices  in order to promote the theatre and attract people to the theatre as a matter of policy.  He indicated he wished to expand the practice of giving away reduced priced tickets to disadvantaged and youth and citizen’s groups to the big productions. 


 He requested the additional $150,000 from the council to support expansion and inauguration of children’s programs Renaissance Theatre, the West Side Project and a program for acting for Special Needs Children – that it would not be used to produce the shows which apparently are now being underwritten by corporations.


He announced the theatre would be producing Evita, Oliver, A Little Night Music and Hello, Dolly next season as his four musicals. He announced a commitment from Entergy to underwrite one show, and the Westchester County Business Journal to underwrite another.


Mr. Peluso  noted that the city based on an extrapolation of a survey executed in 2005, received $235,000 in sales tax from the theatre’s presence and brought $2.9 Million into the city.


 



Roach Impressed. Council Does Not Exactly Overwhelm with Questions. Mr. Batman said in closing that without the additional funding, he felt the theatre would lose corporate support which would doom the musical productions, which he said could only mounted by corporate sponsorship.


Councilman Thomas Roach summed up his impression on the situation, saying “It looks like you’re heading in the right direction.”


Rita Malmud requested attendance figures on  the season shows to date from Batman, who said he’d supply them.


The final financial results for the 2007-2008 season are not available yet, Ioris said.


Glen Hockley repeated his request for an electronic marquee outside the City Center to promote the theatre daily and so people know it is there.  ( This is a suggestion that has been ignored by the city and the theatre management since 2003 when it opened.)


Batman noted that newspaper advertising was very expensive and it was his opinion that the public is not reading newspapers. Indeed, local media have been making blatant efforts to increase circulation, reviewing high school productions, something you never used to see.


In a folder handed out to each member of the council, reprints of articles about the theatre were contained, but no financial statements were issued to this reporter’s knowledge, other than the surplus generated in 2006-2007.


Still Amendable


Gina Harwood, the city financial officer, said the extra $150,000 was already in the recreation department budget for 2008-2009. Asked if in order to deny the funding, should they be inclined to do so, (which did not seem likely based on the quiet reaction of the council to the impassioned pleas of the evening), would the Common Council have to reject the entire 08-09 proposed budget? Harwood said no, indicating to this reporter that the additional $150,000 could be taken out of the budget prior to approval if the Council chose to do so.


 


 








 

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STAR Rebate Checks Will Keep Coming at Same Money. Seniors Get $337 More.

 


WPCNR ALBANY ROUNDS. By John F. Bailey. April 28, 2008: WPCNR has learned that the BASIC Middle Class STAR rebate checks issued last fall to White Plains homeowners, can again be counted on this fall. Middle Class STAR Rebate recipients will receive the same amounts received in 2007,  based on their income.  Seniors now eligible for Enhanced STAR Rebates will receive  $1,180 in their refund – a 40% increase from last year’s $843.  Though for those who itemize deductions, the rebates must be deducted from property taxes paid on your tax returns.



According to the Press Office of the Department of Real Property Services today , the White Plains taxpayer who has not changed their address since last fall will automatically be issued a rebate check based on the income levels of last year, and can expect to receive the same amount. Seniors qualifying for Enhanced STAR Exemptions will receive an increase in their checks of 40% from $843 to $1,180 – regardless of their income.


The White Plains Breakdown


Last year in White Plains, the maximum amount you as a homeowner could have gotten in your Middle Class Rebate Check was $1,035 if you had income up to $120,000; earning $125,000 to $175,000, $776, if you made from $175,000 to $250,000, you received $517. Those amounts, according to Geoffrey Gloak, of the Department of Real Property Services will not change.  Previously, Gloak said the former Governor Eliot Spitzer had proposed a 16% increase in the Middle Class Basic STAR Rebate, but this was dropped due to the state’s financial difficulties which have become known the last three months.


Do not forget to Deduct.


Gloak did note though, that according to the New York State Department of Taxation and Finance,  if you itemize your taxe,  seniors and middle class STAR  recipients must deduct your rebates from your amount of property taxes paid on 2008 income taxes. The effect for the wage earner is the rebate gives back on one hand and takes away on the other.


The figures, WPCNR quotes above are strictly for White Plains residents. The amount of the Middle Class STAR and Enhanced STAR rebates are computed differently for each community in the state.


 

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