Racial Profiling Expert Racially Profiled en Route to Racial Profiling Conference
When Alanis Morissette's "Jagged Little Pill" album came out in 1995, everybody was humming along to the hit single "Ironic." But Alanis has nothing on King Downing, the national coordinator of the American Civil Liberties Union's campaign against racial profiling.
In October 2003, Downing was on his way to a conference on racial profiling when, he believes, he was racially profiled, according to reports from the Associated Press. And, being a lawyer with a Harvard education, Downing did not take it sitting down.
After landing at Logan Airport in Boston, Downing, who is black and bearded, was reportedly asked by a state trooper working security to present his identification. When Downing refused, sources indicate that he was asked to leave the airport. He did, and was again asked for identification, this time by four state troopers.
Reports note that Downing was held for 40 minutes and told he was under arrest for failing to present his identification. Once he did so, he was released and was not charged with any crime.
To an objective observer, the events may seem perplexing: why would anyone be asked to show identification getting off a plane? But keep in mind that, since the terrorist attacks of September, 2001, Logan airport has implemented a Behavior Assessment Screening System, which allows security officials to question anyone whose activity appears "suspicious."
This system, of course, is meant to prevent terrorist activity in the airport and on planes. Officials have noted that "suspicious" activity includes loitering in the airport without baggage, wearing heavy clothing on hot days and scrutinizing airport security workers.
Downing reportedly believed that his detention was strictly based on how he looked-an instance of racial profiling. The officer who originally stopped him, though, allegedly claimed that Downing was eyeing the guards closely, and was detained for that reason.
According to sources, Downing sued the Massachusetts Port Authority and Massachusetts State Police, insisting that their Behavior Assessment Screening System relied on and encouraged racial profiling tactics in its screening process. Downing sought unspecified damages, and wanted to have the system declared unconstitutional.
Reports from this week's court hearing show that a federal jury found that Downing was held without reasonable suspicion in 2003. They did not award him any damages, since they ruled that he was not stopped as a result of the screening system.
Downing is allegedly expected to settle with the state trooper who first stopped him. Reports suggest that a monetary settlement will be involved.