by Patrick Flanigan and Alan Morrell,Rochester Democrat and Chronicle
Duffy denies police harass black bar patrons
A Rochester City Councilman said Rochester Police use apartheid-like tactics when controlling African-American crowds outside city nightclubs.
Adam McFadden made those comments Thursday during a meeting with the Democrat and Chronicle editorial board.
“That’s what I’m tired of, is police treating black people like this is South Africa,” McFadden said during a meeting with the newspaper’s editorial board.
Police Chief Robert Duffy said his officers apply the same standards to everyone, and said McFadden never has raised those concerns to him when they have talked.
“The police department focus is very singular in nature - safety,” Duffy said. “We don’t routinely respond to clubs unless there’s a problem there. You can’t focus attention away from the problem. It’s not based on ethnicity or age. Everything is driven by behavior and actions, based upon the number of times we were called to a location, specifically for violence.”
McFadden, a Democrat representing the South ward of the city, said police are much more aggressive with black groups than they are with white groups when dealing with crowds of patrons exiting bars after closing times.
He said he witnessed last summer a State Police cruiser driving on a sidewalk outside Crosskeys Tavern on Thurston Road to herd a crowd of young black patrons who had gathered outside the bar.
Troopers worked with city police last summer for a crime-reduction initiative called Operation Impact.
Meanwhile, McFadden said, large groups of mostly white revelers exiting bars on East and Alexander streets are often permitted to drink beer and smoke marijuana on public sidewalks, sit on police cruisers and “high-five” police officers.
He said the activity has been captured on videotape by a group that is contemplating a lawsuit. He declined to name the group or discuss the possible litigation.
McFadden compared the contrasting scenes to the white-ruled government of South Africa during apartheid.
“If (the club) caters to young blacks, it’s looked at as a negative,” McFadden said. “If it caters to young whites, they’re looked at as tourists.”
Duffy said he strongly objected to McFadden making comparisons to apartheid.
“That kind of comment is absolutely offensive and baseless,” Duffy said. “To apply it to a response from a police department to a place where there have been dangers to the public ... I just cannot fathom why the word was used. I’m really concerned that perceptions can be formed based on these broad-based comments that are not based on facts.”
Complaints about rowdy bar patrons come from residents, Duffy said, and the clubs run the gamut of clientele.
He produced a document of 19 clubs that police have cited during the past two years for various infractions, most of which do not typically cater to an African-American crowd.
Duffy mentioned Crosskeys, and said the former owner had complained that he thought police were unfairly targeting his establishment.
Duffy said the police issue had been over illegal parking, a matter the owner had cleared up after discussions with police.
Mayor William A. Johnson Jr. has approved a police task force to deal with security at downtown clubs, Duffy said, and police officials from that task force routinely discuss issues with nightclub owners.
“Our goal is not to put anybody out of business,” he said. “It’s safety.”
Duffy said he was “a little surprised” and confused by McFadden’s comments, saying he was getting mixed messages. On one hand, Duffy said, McFadden has been vocal about strengthening anti-loitering laws to prevent violence that often ensues. Duffy said the situation is similar with clubs where violence has occurred.
“If there’s loitering on a corner where shots have been fired, we’ll be there,” he said. “I have a hard time understanding the distinction.”
McFadden said his remarks aren’t intended to criticize the Police Department.
But he believes the laws they work with must be clarified to remove the possibility for unequal treatment.
McFadden also acknowledged that hip-hop shows and concerts sometimes turn violent, with shootings and stabbings, which often generate a heightened police response.
“I’m not trying to slam the Police Department, I want to work with them,” he said. “We need to change our focus on how we treat one group and how we treat another.”