The ACLU envisions a free, safe and just society, where civil liberties are secure for all. Throughout our history, we have worked to ensure that constitutional protections are extended to all and that opportunities for education, employment, legal representation, and political participation are not denied on the basis of race.
What's Happening in Ohio
In Cleveland, Tamir Rice, a 12-year-old African American boy, was shot November 22, 2014 by Cleveland police officer Timothy Loehmann after he and fellow officer Frank Garmback responded to a police dispatch call describing a “young black male” pointing a gun at people in a city park. Although the caller said twice that “the gun was probably fake” and that the guy was “probably a juvenile.” Arriving on the scene, the officers reported that Rice reached for his waistband. Video shows that Loehmann fired two shots within two seconds at Rice. Later, it was discovered his gun turned out to be a toy air pistol. Rice died the day after the shooting. Tamir Rice’s shooting death received national coverage in the wake of the recent police shooting of Michael Brown in Missouri and the choking death of Eric Garner in New York. The shooting also received staunch criticism from community members who accused police of unnecessary violence.
Related media stories and editorials:
» “Cleveland police officer shot Tamir Rice immediately after leaving moving patrol car” – Cleveland.com
» “9-1-1 caller says gun held by Cleveland 12-year-old shot by police was “probably fake
»“Police procedure experts question tactics of officers involved in Tamir Rice” – Cleveland.com
» “Tamir Rice: police release video of 12-year-old’s fatal shooting” – The Guardian
» “Protestors block streets around Public Square” – Cleveland.com
» “Cleveland cop who shot 12-year-old slammed for ‘immaturity’ in past job” – CNN
» “Tamir Rice shooting tragedy” – Cleveland.com editorial
The U.S. Department of Justice announced the results of a 20-month investigation of the Cleveland Police Department’s use of excessive force. The agency launched the probe in March 2013 after several highly publicized incidents of violence against African Americans, including the 2012 police chase and shooting that ended in the deaths of two unarmed citizens.
Here are links to the Department of Justice’s reports on the investigation:
Read the ACLU of Ohio’s comment on the U.S. Department of Justice Probe of the Cleveland Police Department.
Related media stories and editorials:
» “Cincinnati a possible model for Cleveland police” – Akron Beacon Journal
» “Kasich forms task force to improve police-community relations” – Dayton Daily News
» “Quest for justice demands nationwide review of deadly police conduct” – The Toledo Blade Editorial
» “Cincinnati cops to get body cameras” – Cincinnati.com
Years of zero-tolerance polices have proven to be ineffective, unfair, and excessive and the federal government has finally taken notice. Acknowledging that discrimination in school discipline is a problem, the U.S. Departments of Education and Justice recently issued guidance to schools on the administration of discipline in a non-discriminatory manner.
The Ohio legislature is also examining zero-tolerance policies and taking a much-needed look at school discipline practices. According to the Ohio Department of Education, over 210,000 students received out-of-school suspensions during the 2012-2013 school. Approximately 53,000 students were suspended for fighting, while 131,615 were suspended for disobedient or disruptive behavior.
Ohio Senate Bill 167 would eliminate zero-tolerance school policies for violent, disruptive, or inappropriate student behavior, including excessive truancy, and prohibits the adoption of such policies in the future. Instead, it requires each school district to create its own multi-factored policy to deal with incidents on a case-by-case basis. It also requires school boards to create alternative strategies for handling bullying and harassment, as well as other student behavioral issues.
The ACLU of Ohio is committed to challenging zero tolerance policies that push children out of schools and into the justice system.
Read our testimony on S.B. 167
Read our blog post on the failure of zero tolerance in schools.
Freedom from sexual abuse is not a privilege; it is a right!
Nevertheless, Ohio’s Juvenile Detention facilities have one of the highest rates of sexual assault in the nation. Often the children inside are also being kept in solitary confinement for extended periods of time.
The ACLU of Ohio has asked the Department of Youth Services (DYS) to address these problems by formally declaring that juveniles have a right to be free from sexual victimization while inside Ohio’s detention facilities. We’re also asking them to ban the extended seclusion/isolation of juveniles beyond 24 consecutive hours.
See our 5/22/2014 update: Ohio agrees to end seclusion in youth prisons
Update: On June 27, 2013, thanks to an outpouring of support from all around the country the U.S Senate passed comprehensive immigration reform through S. 744, a bill which moves our country one step closer to putting aspiring Americans on the path to citizenship.
This bill is an important first step, but our work is far from complete. The legislation still needs approval from the U.S. House and we remain concerned about the border militarization and employer verifications provisions within the bill. We will continue to keep you updated on the status of this legislation and provide you with opportunities to make your voice heard.
Immigration legislation is finally headed to the full U.S. Senate.
Congress has an opportunity to make history by giving millions of aspiring Americans who contribute to our country every day the opportunity to earn citizenship.
On April 9, 2013 the ACLU of Ohio released a timeline to state legislators and the public chronicling the first 18-months in the life of Lake Erie Correctional Institution (LaECI), the nation’s first prison sold to a for-profit company.
The timeline tells the story of a facility that has rapidly become unsafe for inmates, employees, and the surrounding community.
Update: In late April, 2013, the ACLU met with Ohio Supreme Court Chief Justice Maureen O’Connor on this issue. In June, the Ohio Supreme Court announced that it will increase efforts to educate local courts on how they should handle indigent defendants. These efforts will include a publication for judges, magistrates, and other court officials that lists the appropriate procedures for indigency hearings.
In February 2014, The Supreme Court of Ohio released a new “bench card” giving much needed instructions to Ohio judges to help them avoid debtors’ prison practices in their courtrooms. These instructions came as a result of The Outskirts of Hope, and the ACLU of Ohio’s subsequent meetings with Ohio Supreme Court Chief Justice Maureen O’Connor on this issue.
The Constitution prohibits courts from jailing those who can’t afford to pay their fines.
So does Ohio law.
Our courts are doing it anyway.
Click here to learn more.
Thanks to the efforts of activists and advocacy groups, the Ohio General Assembly has not yet passed House Bill 159, which would restrict access to the polls for all Ohioans and for voters of color in particular. However, the OGA will continue to debate the bill. HB 159 requires a voter to show one of four kinds of government-issued photo ID and amounts to a modern day poll tax for people who do not already have an ID. Research shows that this includes more than 21 million Americans; a disproportionate number of whom are racial and ethnic minorities.
More information about HB 159 and protecting your right to vote is available on our Voting Rights page.
After declaring their birth certificates issued prior to 2010 invalid, Puerto Rico is facing a backlog of requests for new birth certificates. Without the documents, many Puerto Ricans, who are U.S. citizens, are unable to obtain a state I.D., which can be necessary for securing employment, voting, or accessing social services.
In January 2010, the Commonwealth of Puerto Rico decided to begin issuing new, more secure birth certificates, and by September of that year, they no longer recognized certificates issued before 2010. However, the Ohio BMV refused to recognize Puerto Rican birth certificates from April 2010, well before many Puerto Ricans had their new documents. The ACLU of Ohio called on the Ohio BMV to end this discriminatory policy.
People of color are grossly overrepresented at every step of the criminal justice system, and nearly half of people incarcerated are black or Latino. In August 2010, the ACLU of Ohio released a report that reveals the unfair policies and practices that result in disproportionate incarceration of people of color in Ohio. “Reform Cannot Wait: A Comprehensive Examination of the Cost of Incarceration in Ohio from 1991-2010” also highlights the cost of these disparities for all Ohioans.
In June 2011, the ACLU of Ohio focused specifically on racial justice and drug policy in the greater Cleveland area in “Overcharging, Overspending, Overlooking: Cuyahoga County’s Costly War on Drugs“. The report shows that drug policies are not enforced fairly based on the person’s race and where the person lives and was made possible by support from the Drug Policy Alliance.
Youth of color are more likely than their peers to be arrested, charged, adjudicated delinquent, and detained in a juvenile facility. The ACLU, the ACLU of Ohio, the Children’s Law Center and the Office of the Ohio Public Defender are currently monitoring these disparities, termed “disproportionate minority contact,” and released a Report Card: Evaluating Juvenile Justice in Ohio.
In 2007, the Department of Youth Services began an effort to monitor and reduce disproportionate minority contact. The ACLU of Ohio is currently evaluating if these efforts have been successful and plans to update the Report Card in Fall of 2011.
The ACLU of Ohio is a founding member of Citizens for a Safe & Fair Cleveland, a coalition created to work towards unbiased law enforcement and judicial equity as related to drug laws.
In 2008, the coalition commissioned a study to examine the selective enforcement of drug laws in Cuyahoga County. Selective Enforcement of Drug Laws in Cuyahoga County, Ohio: A Report on the Racial Effects of Geographic Disparities in Arrest Patterns finds that African Americans and other minorities in the city of Cleveland are more often charged with felony drug possession than their suburban peers.
Using the report as a resource, the coalition successfully lobbied Cleveland Mayor Frank Jackson to change the city’s procedure for handling drug paraphernalia cases to reflect those followed by greater Cuyahoga County.
Incarcerating a person simply because he or she cannot afford to pay court costs and fines is prohibited by state law and unconstitutional. The ACLU of Ohio has questioned one Erie County judge about his practice of jailing defendants who cannot or do not pay fines or fees, and has also spoken out against pay-to-stay jail schemes in Summit County, Monroe County, and Franklin County.
In October 2010, the ACLU released “In For A Penny”, a startling new report that profiles five states — including Ohio — that imprison people because they cannot pay fines. The report highlights the negative consequences for budgets and public safety, noting that jailing one person for 30 days costs more than $1500, causes disruptions in employment, and can contribute to recidivism.