Thread: ARK: Suit Alleges Town Targets Hispanics For Traffic Stops

Suit Alleges Town Targets Hispanics For Traffic Stops

By Jon Gambrell
The Associated Press
ALEXANDER -- Hispanic drivers ticketed for having rosaries on their mirrors or small flags on their windows have sued town officials, alleging police targeted them and had their cars towed by a company that gives a portion of its profits back to the city.

Alexander Mayor Shirley Johnson says allegations of racial profiling won't stand up. Of 166 tickets issued in June, only 24 were given to Hispanics, she said.

Arnoldo Giron, a native of Guatemala, said Officer Tommy Leath cited him for driving with an obstructed view after noticing a rosary dangling from his rear view mirror. Ruben Duarte, also cited by Leath, had small Mexican and Guatemalan flags on his rear window. Leath also said Edvin Giron's tree-shaped air freshener posed a hazard.

"I don't think they have probable cause to stop them at all. I think he's targeting Hispanics," said lawyer Reggie Koch, a former police officer who is seeking class-action status in federal court.

Koch's suit also claims that, while Arnoldo Giron had a valid driver's licenses from Guatemala, Leath cited him for driving under a suspended Arkansas license, which carries a stiffer penalty than driving without any license at all.

And Koch said Leath had all of the men's cars towed by Metro Towing & Recovery, which then charged "exorbitant fees" solely because of their race, the lawsuit alleges. Giron paid $480 to retrieve his car while other drivers paid more than $300.

At Metro Towing, employees said a typical tow from Alexander cost $150, plus $35 a day, with administrative fees added on after the third and fifth day in storage. A manager at the company referred telephone calls to attorney T. Scott Clevenger, who did not return a telephone call.

The complaint, filed on behalf of six drivers June 13, names police Chief Allen Spears, Leath, the towing company and the city government. Spears did not return telephone calls seeking comment and a number for Leath could not be found.

Johnson said that, in June, the city's seven police officers cited 117 whites, 25 blacks and 24 Hispanics.

"If they were being targeted, I think it would be reversed," Johnson said. "You'd have a hundred, or even 50. It would be more than 24."

State law only says a driver shall not "drive a vehicle when it is so loaded" to block the view of the windshield.

In a written response to the lawsuit, Clevenger acknowledged this week the company does have a towing contract with the city, but denied any wrongdoing. Johnson said Friday that Alexander receives a percentage of the towing fees, but did not know the amount and said Spears held the city's copy of the contract.

Racial-profiling concerns have grown among Hispanics as Arkansas' Latin American population has grown at one of the fastest rates in the nation. Census estimates show more than 141,000 Hispanics now live in the state.

Last year, police treatment of Hispanic became a focus at a meeting of the state's Task Force on Racial Profiling. In 2003, the city of Rogers settled a lawsuit by Hispanic motorists who claimed racial profiling by police.

Koch, who also does immigration law cases, said as many as 100 Hispanic drivers could be covered by the Alexander lawsuit.

"The goal of the lawsuit is to get the word out to other police officers that this is not acceptable," Koch said.

http://www.nwaonline.net/articles/2007/ ... 7ardwh.txt

Looks like Koch not only is trying to turn a buck, but also has to work to protect his little fiefdom (aka immigration law).

Johnson said that, in June, the city's seven police officers cited 117 whites, 25 blacks and 24 Hispanics.

Doesn't look like they are going to be making any money off of this lawsuit.

Dixie