I feel that I've been profiled; what do I do to get justice?

Question

I feel that I have been profiled, and here's the story:

I was walking into the county fair today, much like any normal person. As I approached the entrance and handed the handler my ticket, the security told me to tuck in my chain (I have a wallet chain). I obliged, and then was suddenly told to put my hankerchief that sits in my back pocket away, also. By this point, I was rather perturbed. Having done so, I proceeded and was again stopped, this time by an officer standing next to the gate. He then told me to put my chain away again. I pointed out that it was in my pocket, and he told me to unhook it from my belt and put it completely away. Exasperated, I proceeded to do so. Whilst doing this, the officer proceeded to, and in a demeaning tone, tell me that I could take it to my car or just leave; he was trying to be easy on me. I just sighed and put it away and carried on. As I was in the park, there were many other kids with chains and clothing much less conservative than mine.

Because other kids were wearing clothing much less "conservative" than my clothes, I felt profiled just because of what I wore. I'm not a bad person at all; I have no criminal record and I attend college as a student. I know this is wrong and I know my rights as an American citizen; I am 18 years old and a taxpayer. What can I do to get justice?

What is appropriate? I believe the First Amendment gives me the freedom of expression. I don't dress inappropriately: I wore a knit cap, collared argyle shirt, blue jeans, black shoes, white belt, my wallte with chain, and a black kerchief in my back pocket. As far as I know, there is no such "dress code" in society. I am livid about this atrocity, and would like some help, please.

To what most people are saying, I am not a "gang-banger." I am a musician in a Christian rock band. I am normally very respectful of authority and am very humble. I feel this incident was a case of profiling because they assumed who I was; not who I am, and THAT is wrong.

Answer 1

You are on the right track with your first amendment query, but there is the legal issue and then there is the practical one. If the government seeks to put a policy in place that abridges your first amendment expressive rights, they generally have to have a compelling reason and they have to show no other means to accomplish their goal other than the one used.

In your case, perhaps there is some concern with gang or youth related violence at public events. How justified that is depends on where you live. It sounds like you went to an event (was it a state sponsored or controlled event or a private thing? County fairs are run by county govt, yes?) with a heavy security/police presence to ensure that things did not get out of hand. This is good in some ways, but bad in some and you saw the bad.

As a legal matter, it is not likely that the cop could eject you from the fair without some other showing of cause, but that is something that you would have to file suit to vindicate...and you are out of pocket filing fees and time and you missed the fair. You could take note of badge numbers, dates and times and file complaints with both the local police department, the state attorney general, and the local ACLU. This will all take time and may not get any response until there is a serious, perhaps deadly incident. If you live in a rural area, there may be more crap down the line for you having done all of this.

If you refuse the cops, you risk being arrested and charged. That is not the best circumstance, but you then have a legal platform to fight from...but you have been arrested. Do you see the problem?

The legal answers are not going to give you any comfort, but if you are a person who believes in the principle of the thing and you have an even temper, and you have the financial/legal support (think Civil Rights movement impact litigation), you can challenge the govt policy of targeting young people and abridging their first amendment expressive rights. You do so at great risk to your future if that future requires a clean criminal record.

On the non-legal side, this is an introduction to the system for you. The question is, are you mad. If you are, are you willing to learn the system so that it can't abuse others like it abused you?

Answer 2

This might not be the answer you want, but it's the only answer I can give. My nephew and I were at the mall one day when a mall security gaurd walked up and told my nephew to put the blue bandana he had in his back pocket "completly in his pocket". My nephew at the time was a wannabe gang banger. We lived in a one stoplight town that has never even seen a gang and had traveled to Topeka to shop at the mall.

The problem at the time was that they didn't want "gangs" coming into the mall, "flying their colors", and causing problems for everyone.

However, in your case I have no clue why a chain wallet would be unacceptable and telling you to "put it in your car" was totally rediculous. You could probably write a letter to your county or city officials and state your greivence. I'm not sure that a lawyer would want to take the case. Sad to say more often than not lawyers only care about the money, not rights violations. I would definatly file a complaint somewhere, especailly to the people in charge of the fair. In our county it's usually the chamber of commerce that puts on our fairs. The hankercheif I can kind of understand to be put "fully in your pocket" but walking all the way back to your car for a chain wallet or hankerchief for that matter is stupidity.

As a side note, don't listen to conformist . ^ ;)

Answer 3

Umm, profiled how? And how many times did you not listen to the instructions? Also just because you saw other kids dressed as you say how are you being treated different? Security can't be in all places at all times. They may have been told the same as they walked in the gates too but didn't listen same as you. Sounds like security was doing their job at the entrance and expected people to follow the rules after they were instructed to. the handkerchief sounds like it's used for solicitous sexual purposes and shouldn't be worn in the location you were going to. You're being way too sensitive. How can the rules be enforced if everyone is sensitive to them being enforced on them? Rules are only to be enforced on others and not on ourselves? Your life won't be forever changed by this incident believe me other things will happen to you that will do that.

Answer 4

In our area they hired an outside independent investigator to take down such reports and look into the matter. If the facts to the matter at hand turn out to be true - they report it to the city commissioners office and it takes off from there. Deeming reprimand, suspension without pay for a time or sacking (firing) them all together. So I'd say fight to get an outside independent investigator.

Answer 5

You were profiled...not racially, but criminally. You were wearing colors....its not a dress code issue. There are plenty of places that dont want colors worn. I understand that you may not have been wearing them as such, but you were wearing them and thats why you were profiled. And no this is not a first amendment issue. Sorry, but you lose on this one.

Answer 6

Last night my son was stopped by anaheim ca pd because of the way he looks and dresses.They pegged him as a gang member.eeoc.gov start there

Answer 7

nothing much you can do here. they see you as a street punk and was probably not appropriate attire for the event.

Answer 8

It really is sad when you can't walk around looking like a banger. I think you should sue everyone.

Answer 9

You can't do nothing because whites own the country, and they do what they want to the small man.