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Community members oppose sustainment motion at New Orleans Consent Decree Fairness Hearing

By Zunyana Crier

Protesters holding signs on a sidewalk.

New Orleans, LA – On Tuesday, December 17, community organizations and New Orleanians impacted by police misconduct or police violence united at the Consent Decree Fairness Hearing to demand that Judge Susie Morgan rule against the New Orleans Police Department sustainment plan.

The consent decree is the federal oversight instituted in 2013. That year, the Department of Justice found the NOPD to be practicing unlawful misconduct and unconstitutional policing. Different community groups rallied outside against the motion.

The people came together around five points of unity. These included demanding a transparent and community-led process, an end to conflicts of interest, an independent investigation into officers with a history of misconduct complaints, an end to racist and biased policing, and that the judge rule against “sustainment.” A decision in favor of the “sustainment plan” would mean the beginning of the end of the consent decree, despite NOPD’s ongoing lack of compliance with the federal oversight.

While giving public comment during the hearing, Toni Jones, chair of New Orleans for Community Oversight of the Police, spoke against moving to sustainment, declaring, “We need more oversight of NOPD, not less.”

Data from the Office of the Independent Police Monitor reveals that a staggering 90% of “use of force” by NOPD is used against Black people, although they are a mere 56% of the city’s population. Despite cries from the community that this disparity is racist, NOPD pushes the narrative that “disparity is not bias.”

“The NOPD cannot be trusted to hold itself accountable. I humbly ask the court not to yield to political pressure or a false sense of urgency generated by the NOPD or federal monitors to enter sustainment prematurely. The people of New Orleans deserve constitutional policing,” Jones continued.

Nikeysha Gonzalez, a community organizer with Unión Migrante, spoke in opposition to NOPD moving into sustainment. She expressed concern regarding NOPD’s current lack of compliance with the consent decree, stating, “Preemptively moving into sustainment will have a direct harmful impact on all community members of New Orleans.”

Gonzalez also stressed the threat that removing the consent decree poses to immigrant community members, stating, “Currently the consent decree has provisions that prohibit officers from taking law enforcement actions on the basis of actual or perceived immigration status, also preventing collaboration with ICE. And we need to see that continued.” A scenario that would end with a ticket for others – such as a traffic stop – would end up with detainment for an immigrant even if they had not committed any crimes.

Published researcher Kristi Dayemo spoke, representing New Orleans for Community Oversight of the Police, breaking down the faulty methodology used by NOPD in an attempt to frame their policing as bias free.

Dayemo stated, “The NOPD is just substituting one disparity test that does not look good for another that makes them look good. A population weighted disparity test assesses the rate a specific demographic is subjugated to officer action compared to the prevalence of that demographic in the population. When conducting a population weighted disparity analysis, results show NOPD targets Black people anywhere from four to 13 times more than white people depending on the specific types of action.”

Dayemo told the court. “For all of the many problems with data collection and methods, not to mention the conflicts of interest and integrity issues with the federal monitoring team, NOCOP and many of our community allies strongly refute the claim that the NOPD is ready for sustainment. We felt it important to challenge these statistical practices because we have repeatedly witnessed representatives from the DOJ, the federal consent decree monitors and NOPD officials use these questionable findings to invalidate and dismiss the concerns and experiences of community members.”

Community organizations will rally outside of the official consent decree hearing, where the judge will make a decision. They will advocate for the judge to rule against sustainment, and they encourage community members to show up to amplify community concerns. The motion hearing, which will decide the fate of the consent decree, will take place on January 8, at 1 p.m. at the Hale Boggs Federal Courthouse.

Endorsing organizations included Union Migrante, New Orleans United Front, Eyes On Surveillance, New Orleans for Community Oversight of the Police, Liberate and Unite New Orleans SDS, Party for Socialism and Liberation, and Freedom Road Socialist Organizations, New Orleans Stop Helping Israel’s Ports (NOSHIP), UNO SDS, and Evolve Louisiana.

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