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November 11, 2005

A sad storry about driving while black

I got a message the other day from an attorney I know.  He wanted to tell me his latest client's story.

Big Company, Inc., which is a huge New Orleans area company, decides to help their employees recover from the hurricane.  They spearhead an effort by company employees to organize weekend-warrior groups.  These groups all meet at the company, and collect tools and equipment, and caravan to an employee's house.  Then they spend the day fixing up the house and trying to help the suffering employee recover from his hurricane-related damages.

A noble cause, obviously.  All big companies should be so proactive and caring.

One particular Saturday 42 employees met at the plant.  41 of them were white; one was black.  They loaded up the trucks with materials and tools, and then they drove down to St. Bernard Parish.

The St. Bernard Parish Sheriff's Department is still stopping all traffic into the parish.  They check identification and addresses in an attempt to keep the ubiquitous black, er, bad people out of the parish.

The black do-gooder is about one-third of the way back in the caravan.  The first one-third of the vehicles get through the road block with no problem.  They don't have St. Bernard Parish addresses - but it doesn't matter because they are coming to help.

When the black guy pulls up the to road block things change.

Cop: "Can I see your ID?"

Cop: "You don't live in St. Bernard Parish - what are you doing here?"

Do-gooder: "I'm with Big Company, Inc.  We're going to X's house to do repairs.  The people you just let through before me are in the same group.  So are the ten or twelve cars behind me."

Cop: "You don't have any tools in your car."

Do-gooder: "The tools and materials are all in the pick-ups and vans."

Cop: "I don't believe you.  Step out of the car."

Do-gooder: "But you let everyone in front of me through! They didn't have St. Bernard Parish addresses either."

Cop: "Out of the car! You're under arrest for trespassing and disturbing the peace." (Aside: How is one arrested for trespassing on a public highway?)

White Guy driving next car in line: "Officer, what's the problem?  He's with us - we're going to fix up X's house.  We're with Big Company, Inc."

Cop: "He's under arrest, and unless you want to be also get your ass back in the car!"

Yes, our hero really went to jail.  His 41 friends had to bond him out. He's embarrassed.  He's worried - after all if the police can act like that what about the local judge?

He can sue the parish - but that doesn't do any good.  Even if he wins the judgment is worthless because there is no way to compel the parish to pay a judgment.  They just refuse.

But I wonder: With 41 witnesses, plus the home owner, plus the Big Company, Inc. representative, plus the plaintiff's testimony how many causes of action can they come up with to sue the cop and make him personally liable?

It's really too bad that a court can't award self-respect and dignity along with money damages.

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