By Lisa Cornwell, The Associated Press
CINCINNATI, Ohio (AP) - The American Civil Liberties Union filed a court motion Thursday accusing Cincinnati of breaching police reform agreements reached with the Justice Department and black activists in the wake of three days of race riots in 2001.
The ACLU of Ohio asked that federal Magistrate Judge Michael Merz find the city in breach of the agreements and order their enforcement.
“The basic problem is that the city is trying to unilaterally declare success and end federal supervision of the city when the problems haven’t been fixed,” ACLU lawyer Scott Greenwood said. “The city can’t just walk away from these agreements. They are about police reform and are not just public relations campaigns to attract tourism.”
The ACLU said the city has failed to implement problem solving in the police department, improperly used arbitrary arrest sweeps and is seeking to end the agreements prematurely. The city also has failed to implement terms on police accountability and has prevented access to training, police ride-alongs and documents, the ACLU charged.
The ACLU filed a class-action lawsuit against the city in 2001, accusing the police of 30 years of harassing black people. That year, Mayor Charlie Luken asked the Justice Department to examine police operations following three days of rioting after a white police officer shot to death an unarmed black man who ran from police and was wanted on misdemeanor charges. The officer was cleared of charges at trial.
Luken and Attorney General John Ashcroft signed an agreement in 2002 requiring the Justice Department to spend five years overseeing officers’ conduct and their use of force and police dogs. The department also manages the investigation of citizen complaints against police.
The city simultaneously signed an agreement with the ACLU and black activists to settle the class action lawsuit. The police union denied allegations that police had harassed blacks, but also signed the document which incorporated the terms of the city’s agreement with the Justice Department.
City offices were closed Thursday night. Messages were left at the home and cell phone numbers for city spokeswoman Meg Olberding.
Luken asked the Justice Department in October to end its supervision about 2 1/2 years early, saying the police department had met goals to reduce use of force and promote integrity.
The ACLU has argued that it is too soon to end supervision. The Justice Department has said that it will review Luken’s request.
“The city thinks the police have solved problems by rounding up bad guys, but they have failed to implement problem-solving as an ongoing strategy,” Greenwood said. “We filed this motion to make the city honor its promises.”