No Police. Statement from ALC, 04-22-2021

This verdict is not about “justice.” This verdict is not about “accountability.”

This verdict is a testament to the political force of the masses, of colonized peoples, in the face of state-sanctioned terror.

It’s about making it known to all cops trembling in their boots, “You are not welcome here.”

But our challenge is not to pursue the conviction of one racist cop. Our challenge is to carry out the total dissolution of police and racial capitalism — to manifest the unfinished project of absolute freedom, to sustain and live out Abolition.

As you read this, the National Guard has set up checkpoints across US cities. State legislation has been proposed around the country — and signed into law in the case of Florida — to criminalize Black grief, Black Power, and allyship; to make it legal for white supremacists to use their vehicles as weapons to run over and kill protesters; to make it illegal for local governments to defund their police departments; to ultimately make Black protest a felony and deprive bail to those charged.

In the same week that Daunte Wright was murdered by officer Potter, in the same week the Chicago Police released body cam footage of the killing of 7th-grader Adam Toledo, the Biden-Harris Administration chose to abandon their campaign pledge to create a police oversight commission.

In Brooklyn Center, MN, hundreds of community members have been rounded up by the police and detained for days without charges, without ability to post bail, without access to lawyers. Journalists have been corralled, lined up, photographed, and driven miles from protests, unable to document the scenes of resistance to ongoing police terror.

This is not hyperbolic, this is America.

Moments before the jury declared Chauvin guilty of all charges for the murder of George Floyd, Columbus, OH police lynched 16-year-old Ma’Khia Bryant. Her death, and the deaths of so many others, are a brutal reminder that our current system will never deliver us justice, and that anything resembling such is a mere scrap intended only for extending the life span of our apartheid policing system.

We are reminded that police will continue to occupy the entrance to the prison-industrial complex. They will continue to serve white supremacy and capitalism. We have no tears for Chauvin and other agents of the State who are fearful of conviction. They should be.

Politicians and police apologists of the professional managerial class will continue to co-opt righteous Black Rebellion and capitalize on Black death, neutralizing the struggle for self-determination. They will call for “peace,” “calm,” and “independent investigations” — and funnel millions of dollars into task forces, trainings, superficial restructuring, and PR stunts. Just as they did in 2020, they are working to humanize a racist, fascist system and those who wear its shiny badge and thin blue line.

Almost one year since the George Floyd Rebellion, we maintain our position: abolition is our only way out. Abolish the police.

We do not seek a more “diverse” and “inclusive” technopolice state that will continue to openly hunt and slaughter Black, Brown, and Indigenous people, maim and kidnap protestors, medics, and journalists, and surveil and brutalize sex workers, immigrants, and community members who are disabled, queer, trans, or houseless. We do not want nicer slave patrols.

We seek the demise of police in their entirety. We know that “justice” will never be fully realized from the colonizer’s courtroom, that the verdicts from every previous trial have not stopped cops from killing with impunity. Our governments encourage them to do so.

Would Chauvin’s guilty verdict have been possible, without the threat of another rebellion hanging over the proceedings? Would the prosecutor have put on the same kind of case? Would the chief of police’s testimony have been completely different — would he even have testified at all?

These questions undoubtedly suggest that Black Rebellion and year-long, sustained organizing by Black and brown militants and allies forced the State to make a concession.

But at what cost?

Our friends and family members, and thousands of people were brutalized by the State during last summer’s rebellions and protests. They have been surveilled and kidnapped by the FBI, they have been placed on house arrest or are in prison, they are facing charges and living with permanent brain injuries, maimed bodies, and PTSD. Several community members have been killed by white supremacist vigilantes who openly coordinate with police.

People who have led the fight for Black Liberation during its sharpest inflections, have sustained incredible harms in doing so. It is our duty as abolitionists to support them, learn from them, and build with them. They are not forgotten.

We are living in the outgrowths of chattel slavery, in apartheid cities — but state terror and racial capitalism is not our fate. Our mentors and ancestors have reminded us of this time and time again: from the burning of the plantations to the hunger strikes of the prison cells, from the Amistad mutiny and swamps of the Maroons, from the armed cop watches and unconditional sharing of food, medicine, shelter, knowledge, love, and power that have defined abolitionist projects since the beginning…we have been here before.

And we have kept our promise to fight for the safety and freedom of victims and survivors of police terror. We have kept our promise to meaningfully advance the movements to defund and abolish the police. We are committed to everlasting solidarity.

Since the George Floyd Rebellion, we have fought for protesters and bystanders in East Liberty, Pittsburgh, and for Black activists and residents of West Philadelphia. We have revealed the development and maintenance of racial apartheid in Allegheny County, PA analyzing arrests by police and the use of cash bail by judges. We have organized with community groups, seeking the urgent release of all Black Political Prisoners, the abolition of the FOP, and permanent removal of all statues and symbols of state violence. We have published a report on the war on Black Pittsburgh, financed by bloated police budgets and normalized through excessive force, traumatization, and incarceration of Black residents — especially Black children. We’ve been part of countless panels and community forums and have offered alternatives to policing and punishment. We have hosted transformative justice workshops and teach-ins, and issued recommendations to lawmakers that seek unconditional pre-trial freedom for our community members who have endured the violence of arrest and detainment. We are building out the visions of collective care, safety, and harm reduction with our partners at the Alliance for Police Accountability and 1Hood.

We are actualizing abolition in real-time — with you — our friends and family members, our community members, those on the inside and the outside. We do this, when so much seems so impossible. In the words of Mariame Kaba, “We do this ’til we free us.”

ABOLITIONIST LAW CENTER

04/22/2021

LDF and Co-Counsel File Lawsuit on Behalf of Black West Philadelphians Who Experienced Police Terror on May 31

Today, the NAACP Legal Defense and Educational Fund, Inc. (LDF), the Abolitionist Law Center, and the law firm of Kairys, Rudovsky, Messing, Feinberg & Lin LLP filed a lawsuit on behalf of residents in a predominantly Black neighborhood in West Philadelphia, challenging the Philadelphia Police Department’s (PPD) excessive and unwarranted use of militaristic force during a peaceful protest.

On May 31, 2020, amid nationwide protests against police violence and other abuses against Black people, the PPD repeatedly attacked protestors of police brutality, residents, and bystanders who congregated in West Philadelphia’s 52nd Street area of the city. PPD officers used military-style weapons – including rubber bullets, tear gas, and pepper spray – against these individuals as they either peacefully protested against police abuse or simply engaged in daily activities in or near their homes. 

The complaint establishes that this use of force directed against a predominately Black community was unconstitutional, violating the plaintiffs’ Fourth Amendment right to be free from excessive force, First Amendment right to peaceably assemble and express their views, and Fourteenth Amendment right to be free from racially discriminatory policing under the Equal Protection Clause.

In what many witnesses described as a war zone in an otherwise peaceful, residential community, police officers in tanks traveled away from West Philadelphia’s business corridor and down residential side streets for hours, chasing residents into their homes and indiscriminately firing canisters of tear gas at them — all under the guise of responding to incidents of looting. As a result, families, including those with small children, were injured while inside and outside of their homes and, in some cases, forced to temporarily evacuate their homes and seek treatment for tear gas exposure.

“I realized police had fired tear gas at our family’s home after my three-year-old son began crying and my six-year-old son complained that something was in his eyes,” said plaintiff Shahidah Mubarak-Hadi. “Our family’s home is supposed to be our safe space amid the COVID-19 pandemic and the ongoing civil unrest in this country. Yet, PPD officers violated the sanctity of our home, without forethought, senselessly firing tear gas around our residence while we were inside. Because of this incident, my children and I no longer feel safe in our own house – and we demand that police are held accountable for the lasting damage they have caused.”

“The events of May 31 represent yet another act of city-sanctioned violence endured by the Black community in West Philadelphia. Law enforcement has a long history of engaging in overly harsh tactics and racist violence against residents of West Philadelphia — most notably, the police bombing of the homes of MOVE members and their neighbors in 1985,” said Cara McClellan, Assistant Counsel at LDF. “City officials must be held accountable for these militaristic police actions, which are discriminatory, illegal, and completely unacceptable. Our clients deserve safety and security in their own neighborhood and to be free of fear of discrimination and police terror.”

“The Philadelphia Police Department deployed violence against West Philadelphia’s Black communities in retaliation for protests that sprang up in response to police violence. Such blatant disregard for First Amendment freedoms and targeted attacks against Black communities in West Philadelphia are rooted in a long history of police violence,” said Jamelia N. Morgan, Of Counsel at the Abolitionist Law Center. “At a time when some Philadelphians celebrated the removal of the Frank Rizzo statue, it is now time for the city to break with this legacy of violence and racial discrimination and remedy the wrongs done to these communities.”

“The excessive and unreasonable use of tear gas and rubber bullets by police in military gear against non-violent protesters, residents, and bystanders in West Philadelphia on May 31 was the latest episode in a long line of racially biased policing that this City has tolerated for far too long,” said Susan M. Lin, partner at Kairys, Rudovsky, Messing, Feinberg & Lin LLP. “Our clients have brought today’s lawsuit to hold the city accountable and demand that the city’s leadership make changes.”

“While the mayor has apologized for the treatment of protesters on Interstate 676, he continues to ignore and dismiss the horrifying police attacks against Black protesters and residents in West Philadelphia, further demonstrating how underlying racial discrimination often dictates whether police are held accountable for their actions.” said Anthony Smith, a plaintiff in the lawsuit and an organizer with Philly REAL Justice. “The irony is that PPD has responded to protests of police brutality, racial discrimination, and excessive force, with further brutality, discrimination, and excessive force.”

Like countless communities around the country, residents of West Philadelphia engaged in protests advocating for systemic reforms to eliminate racist and violent policing following the May 25 death of George Floyd. Notably, while the city of Philadelphia apologized for using tear gas on another, more racially-diverse group of protesters gathered on Interstate 676 on June 1 – and subsequently put a moratorium on the use of tear gas – the city has hardly acknowledged the police violence against West Philadelphia’s Black residents on May 31.

During the same weekend that PPD terrorized residents in West Philadelphia, PPD officers declined to use any force in other predominately white neighborhoods where looting and rioting occurred. This disparate treatment of Philadelphia residents by PPD epitomizes the very racial discrimination that motivated the protests in the first place.

Read a copy of the complaint here.

PROTESTERS FILE CLASS ACTION LAWSUIT AGAINST PITTSBURGH POLICE AND CITY OFFICIALS FOR POLICE ATTACKS ON EAST LIBERTY PROTEST

To view the complaint and videos of the June 1 police attack on peaceful protestors in East Liberty visit: bit.ly/eastlibertypoliceattack

If you were at the protest and think you might be a class member, please fill out this form at bit.ly/intakeeastlibertypoliceattack and email to: info@obrienlawpgh.com , msc@obrienlawpgh.com , qcozzens@alcenter.org

On June 1, 2020, a peaceful protest in the East Liberty neighborhood of Pittsburgh against nationwide police violence turned into a yet another demonstration of excessive force by the police. Protesters who participated in this protest have filed a class action lawsuit in federal court against Pittsburgh Bureau of Police (PBP) officials, Mayor Bill Peduto, and the City of Pittsburgh after police unleashed violence on peaceful demonstrators, then rounded up and arrested nearly two dozen people who committed no crimes. The protesters are represented by attorneys from O’Brien Law, Abolitionist Law Center, and Elzer Law Firm, LLC.

Named Plaintiffs include a 13-year-old boy, his mother, and her fiancé, who attended the protest to learn about the First Amendment, but instead were met with tear gas and violence; a dance instructor who was arrested outside his apartment while he was on his way home; a local non-profit worker who was gassed and chased at gunpoint; an international peace observer who spent the night in jail after being tear gassed and arrested while trying to walk to their car; and a man who was shot in the back by four rubber bullets as he tried to leave the protest. 

On June 1, the PBP escalated a peaceful protest into a scene of pandemonium, panic, violence and bloodshed. The PBP deployed hundreds of officers to counter approximately 150 protesters.  As the assembled protesters held their hands in the air and chanted, “This is not a riot,” and “Hands up – Don’t shoot,” PBP ordered its officers to attack them with explosives, chemical agents and ammunition which is known to seriously wound and sometimes kill its targets.  PBP officers drove ambulances past injured protesters without stopping. After ordering peaceful protesters to leave the area, PBP officers blocked their escape with chemical gas, riot police and mounted patrols. The PBP ordered tactical officers dressed in paramilitary garb to patrol a residential neighborhood in armored vehicles and arbitrarily throw canisters of chemical gas at anyone they encountered. The PBP arrested twenty-two protestors for failing to disperse, subjecting them to confinement in the midst of a global COVID-19 pandemic.  The Allegheny County District Attorney’s Office withdrew the charges for every person arrested due to a lack of sufficient evidence or allegations to support the criminal charges.

Immediately following the PBP’s overwhelming and unjustified use of force in East Liberty, Mayor Peduto, Public Safety Director Wendell Hissrich and Chief of Police Scott Schubert held a press conference at which they disseminated flagrant lies to conceal and/or justify the PBP’s use of force against peaceful protesters. These officials accused protesters of hurling rocks and “volleys of bricks” at PBP officers, and vehemently denied using chemical agents.  Numerous videos statements were patently false.

“In Pittsburgh and across the country, police officers’ use of chemical weapons such as tear gas and projectile munitions such as rubber bullets, beanbag rounds, and sponge grenades against protesters has resulted in serious and debilitating injuries. Moreover, the routine and indiscriminate use of these tactics deters would-be protesters from exercising their First Amendment right to peaceably assemble and petition the government,” said the attorneys representing the Protesters.  

The lawsuit seeks an order preventing the City of Pittsburgh from declaring peaceful protests unlawful and from using chemical agents and projectiles against peaceful protesters.[1] The lawsuit also seeks money damages for protesters whose rights were violated.

The suit was filed the U.S. District Court for the Western District of Pennsylvania by Attorneys Margaret Coleman of O’Brien Law, Quinn Cozzens of Abolitionist Law Center, and Christine T. Elzer of Elzer Law Firm, LLC.

For additional information contact

Margaret Coleman

msc@obrienlawpgh.com

Quinn Cozzens

qcozzens@alcenter.org

Christine Elzer

celzer@elzerlaw.com


[1] Federal courts have issued similar injunctions against police departments in several cities, including Denver, Seattle, and Oakland

MEET THE PROTESTERS-PLAINTIFFS

To view the complaint and videos of the June 1 police attack on peaceful protestors in East Liberty visit: bit.ly/eastlibertypoliceattack

If you were at the protest and think you might be a class member, please fill out this form at bit.ly/intakeeastlibertypoliceattack and email to: info@obrienlawpgh.com , msc@obrienlawpgh.com , qcozzens@alcenter.org

We Want Freedom – Statement from Black Philly Radical Collective

Read the full statement We Want Freedom: End the War Against Black Philadelphians NOW! from Black Philly Radical Collective. The statement was co-written by Robert Saleem Holbrook, ALC’s Director of Community Organizing alongside Black Liberation movement groups and leaders of Philadelphia: Mobilization for Mumia, Black Lives Matter Philly, Malcolm X Grassroots Movement, Human Rights Coalition, and Mike Africa Jr of MOVE.

WE ARE ABOLITIONISTS. Solidarity in the Struggle to End Police Terror and State Violence

“I may be doomed to the stake and the fire, or to the scaffold tree, but it is not in me to falter if I can promote the work of emancipation.”

– David Walker, 19th Century Radical Black Abolitionist

The Abolitionist Law Center extends our unqualified support to those in the struggle against police terror and state violence. We support the rights of our community members rising up in rebellion in the name of Black Liberation. At a time when the government cannot protect the health of the people in the US, when mass death is ravaging Black communities, while corporate and political elites seek an ever-larger sacrifice population to keep the profits flowing — we support revolt. We must become ungovernable if we are to transform the police and prison systems into something more than servants and instruments of racialized capitalism.

Police and prisons are the two core parts of a system of state violence that maintains a race and class order that derives from coercive capitalism and serves its interests. Police serve as the occupying troops that instill fear of and subordination to corporate and government interests, while jails and prisons then warehouse, stigmatize, traumatize, and disenfranchise those the police have removed from communities. The two together divide and dehumanize communities of color, keeping them disempowered, alienated, and ready serve as a standing reserve of labor. The violence inherent in their control is self-evident: sometimes it is graphic, as in the murders of Breonna Taylor, George Floyd, and Tony McDade, or the physical abuse that the incarcerated suffer at the hands of prison staff; other times it is more hidden and quietly corrosive, as in the systemic use of surveillance in impoverished communities or the rampant use of solitary confinement in prison. Either way, the violence is obvious and unacceptable, and we support the efforts of Black communities, poor communities, people of color, immigrants, and queer people to resist it and demand an end to it.

We also know that another system is possible — that state violence is not inevitable and that racial capitalism is not our fate. We know that police forces were founded in the early industrial era to protect middle- and upper-class properties and businesses, while prisons were serving as dungeons and workhouses to dispose of the unwanted poor; we know that early law enforcement forces formed in the american south and the slave-holding north to terrorize enslaved African peoples, and track them down after they had escaped and sought their liberation. And we know that the idea of police and prisons as ‘protectors’ of the general community has only recently achieved consensus, and has done so by appealing to divisions between those who benefit from the racial-economic system by demonizing and disempowering those who do not. The entire contemporary assumption that agents of state violence are neutral entities that benefit the public good and mete out justice and accountability is a recent ideological smokescreen, and we support all efforts to highlight the race- and class-control of these systems and build a counter-consensus against the legitimacy of police and prisons.

We furthermore support the right to pursue these goals by any means necessary. The police and prison system in its current forms are so deeply woven into every level of our political systems, that asking for it to change will inevitably lead to superficial, empty changes and further divided communities. We support the right of people of color to bear arms to protect their lives in a society that does not value their lives, and we refuse to ignore a history that tried to keep arms only in white hands for so much of american historyWe also reject the current divisions between ‘good’ and ‘bad’ police and ‘peaceful’ and ‘aggressive’ protestors, which both distract from the real problems and reinforce the false assumption that police have legitimate protective functions. In particular, we reject the ‘outside agitator’ trope that politicians of both parties reflexively deploy to diminish Black agency and try to discredit legitimate protest against unspeakable injustice. This same idea was used by slave states to blame northern agitators for slave rebellions, attempting to deflect from the brutality of slavery and the right of the enslaved to revolt. It was cynically used again when Black cities erupted in response to white supremacist violence in the 20th Century, as communists were blamed for agitation instead of the violent segregation that sparked the protests. During the Black urban rebellions of the 1960’s white hippies and counterculture figures were blamed for agitation. And in the 1992 Los Angeles Uprising,“gangs” and “looters” were to blame. The white antifascists and anarchists now blamed are only the latest way to deny the very real anger and frustration of years of oppression and create paranoia and division. We must be vigilant against these divisions and mythologies; we must keep our collective focus squarely on the violent state’s enforcement of racial capitalism that has produced these uprisings, decade after decade, and will continue to until we force a change to something better.

The change we look forward to and fight in the name of is one in which communities have no state-sponsored forces imposing and enforcing social control and coercion. In communities without police and prison systems, we see possibilities for those communities currently targeted by police to become more autonomous, less traumatized and more healed, and to find their own way out of poverty by taking back the resources formerly given to law enforcement. We see the possibility for communities strengthened by moving from a model of punishment to one of accountability and transformative justice — by shifting not just how we respond collectively to harm, but also to how we relate to one another and take collective care of each other.

Our movements have been working towards that goal for decades, and we follow in that tradition now by calling for a drastic reduction in the power and influence of the police. As a first move towards that, we call for the following steps to be taken immediately to reduce the damage caused by the policing system and correct some of its more flagrant wrongs:

  • Divert police funding to those in chronic poverty: Staffing for law enforcement makes up the largest single piece of most municipal and county budgets in Pennsylvania, and the majority of that money should be directed immediately to the relief of the over 1.5 million Pennsylvanians living in poverty. In Philadelphia, the most overpoliced and over-incarcerated part of the commonwealth, police staffing takes up a third of the payroll budget, in addition to millions of dollars spent on equipment, facilities, vehicles, etc; as much as possible of that money needs to go to the 400,000 Philadelphia residents — a quarter of the city’s population — living in chronic poverty.
  • Politically isolate and marginalize the Fraternal Order of Police, on the way to dissolving it entirely: The Fraternal Order of Police has a consistent and unequivocal history of using all its power to defend police brutality, including rampant sexual assault and domestic violence, and increase the capacity of the police to intimidate and control. Police unions are recent inventions that were established and gained power only in the mass policing and mass incarceration era, and, while they pose as unions, they serve primarily as political lobbies and ideological defenders of maximal police and incarceration power. We challenge their legitimacy in total, and as a first step, we demand that FOP locals be dissolved and their labor negotiating merged into the larger civil unions of Pennsylvania, until a time when the police are disbanded. We call on our labor allies to support us in disbanding a lobby that disguises its advocacy for terror of Black and Brown communities under the guise of a union, or else be held accountable for being on the wrong side of both labor history and that of the collective humanity of this state.
  • Make police contracts transparent and protect communities: contracts entered into with FOP locals must be negotiated in public, and negotiations must center stakeholders from impacted communities and their community control boards. There must be no tolerance for provisions protecting police for brutality, and no loopholes allowing reinstatements (or transfers) to police found to have engaged in direct violence. Furthermore, no labor contract or any other agreement negotiated with police needs to be honored absolutely; if police continue to act with wanton disregard for the lives and well-being of the people they are supposed to serve, the cities, counties, and community control boards, must suspend or dissolve those agreements.
  • Reduce police power by mass de-criminalization: Police power is granted by political authorities, and it can — and must — be taken away by political authorities. Local and county officials must reduce their jurisdiction greatly by decriminalizing possession of controlled substances and sex work, prohibit arrests for disorderly conduct, prohibit incarceration for misdemeanor offenses, and abolish probation. Arrests on these charges are overwhelmingly directed at the poor and minorities, and ending them would greatly cut down on law enforcement funding and activity. In turn, this would free up public funds to support programs and services in poor Black and brown communities.
  • Establish community control boards with full oversight: Community-based police control boards must be implemented throughout Pennsylvania: their members must come entirely from communities targeted by policing, and they must have full power to hire and fire officers, control city or county policing budgets, and oversee the entirety of law enforcement operations. Civilian police review boards in the past consistently have been deprived of efficacy due to the influence of police unions, politicians, and other entities and ideas invested in police-prison power. To prevent that, all members must have no stake in or financial ties to the police-prison complex (including anyone holding political office of any sort), and a majority of people on any board must have direct experience being targeted by police violence.
  • Provide amnesty, debt forgiveness, and expungement to all protestors: All charges brought against anybody for protesting or demonstrating in any manner must be dropped. Outstanding debt from court costs, fines, and fees must also be forgiven, and any criminal record resulting from those arrests must be expunged in toto

These are all campaigns we must wage and victories we can win on the way to police and prison abolition. We must continue to build solidarity, organize against the deeply entrenched ideas of police and prison legitimacy, and push on every level for a society that serves the interests of its people. Abolitionist politics are not a distant never-to-be-realized utopia: abolition is the act of organizing to end state violence and all systems of oppression. And it is an urgent project that cannot wait.

“When we revolt it’s not for a particular culture. We revolt simply because, for many reasons, we can no longer breathe.”

– Frantz Fanon


The Abolitionist Law Center has offices located in Pittsburgh and Philadelphia. To contact us, please email pghpoliceabolition@alcenter.org (PGH) and phillypoliceabolition@alcenter.org (PHL).