We Shall Stay on Top

If you're Terrell Bolton and you make $132,000 a year in base salary plus $20,000 a year in overtime as Dallas' First Black Police Chief, sure, you're a walking civil rights case. If somebody criticizes you, a bunch of civil rights-style pickets will surround that fool's house in a hurry.

But if you're Donato Garcia, a 44-year-old Latino construction worker, or if you are Leonard Mitchell, a 37-year-old African-American public school maintenance supervisor, forget about it. Even if you get arrested and jacked with by the police in a way that genuinely violates your civil rights, don't bother calling the local civil rights constabulary. Dallas County Commissioner John Wiley Price, Dallas City Councilman James Fantroy, former NAACP official Lee Alcorn: They only do civil rights for rich people these days.

And now for a round of that rousing civil rights anthem, "We Shall Stay on Top."

Unfortunately, real civil rights violations seldom happen to people at the top of the heap. The Garcia and Mitchell cases have to do with the Dallas Police Department's use of "failure to i.d." as a throw-down charge in order to arrest somebody who isn't doing anything against the law. They call it a throw-down charge, like a throw-down gun, because it's used to incriminate someone who is otherwise clean.

It's not against the law to refuse to provide the police with identification, as long as you're not accused of a crime and you're not a witness. State law is explicit: The police cannot arrest you solely for failure to i.d. But they do it all the time, and the police department's own numbers show they do it especially to black people. African-Americans are arrested for failure to i.d. in Dallas at twice the rate they should be according to population ratios.

One hot day last July, four Dallas police officers handcuffed Leonard Mitchell when he refused to give identification (see "Hell Is a Nuisance," October 26, 2000). According to two affidavits by witnesses, some of the officers repeatedly called Mitchell "nigger." Eventually, two of the four--but not the two who had used the epithet--received a few days' suspension.

Here's the interesting part: Later, when Mitchell appeared before the open microphone at the Dallas City Council to complain about what had happened, his own councilman, Fantroy, turned a deaf ear.

Councilman Fantroy, along with Alcorn, sometimes of the NAACP, are part of an effort by black civil rights leaders in Dallas to stonewall the whole business of racial profiling in order to avoid making First Black Police Chief Bolton look bad.

Fantroy and Alcorn were slated to appear before the Texas House Criminal Jurisprudence Committee on March 27 to testify on the misuse of failure to i.d. as an arrest charge and on the fact that this bogus charge tends to go hand in hand with racial profiling. Before the Austin hearing, Alcorn had been holding his own private hearings on the issue for months at a church in southern Dallas.

But Alcorn and Fantroy both bailed on the committee hearing in Austin the day before it happened. Not one black leader from Dallas showed up. None of what people told Alcorn at his hearings was relayed to the lawmakers.

All of their words were wasted. All of them were betrayed.

Nobody called me back--not Real Chief of Police John Wiley Price, not Alcorn, not Fantroy. It always seems to me that grown-up men should be able to hike up their pants and do a mature interview even with reporters they're mad at, but maybe that's just me. In the meantime, I really don't understand the stonewalling.

Mitchell and I ate some barbecue one day last week near the school where he works in Fantroy's district, and he offered me his thoughts. Mitchell thinks the racial strand is woven through his case in a very complex way. He pointed out that the two officers who had used the n-word on him were black.

"I have two signed affidavits from witnesses who said they both heard the black officers use the n-word. One of them said, 'Nigger, get your black ass in the car.'

"To me, the word is as offensive whether a black man calls me that or a white man. It's a word that causes a lot of pain and suffering, no matter who says it."

He feels the same way about racial profiling: Mitchell believes black cops may do racial profiling as often as white officers. "The profiling comes, to me, when an officer stops a person because of his ethnicity, whether the officer is black or white. It's not just an Anglo issue."

When the police department finally felt enough heat to do something about the Mitchell case, top management handled the disciplining of the officers in a way that still rankles Mitchell.

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Jim Schutze has been the city columnist for the Dallas Observer since 1998. He has been a recipient of the Association of Alternative Newsweeklies’ national award for best commentary and Lincoln University’s national Unity Award for writing on civil rights and racial issues. In 2011 he was admitted to the Texas Institute of Letters.
Contact: Jim Schutze