How Cities Can Start to Keep the Peace

As dozens of cities burn and countless stores are looted in response to the death of George Floyd, Americans across the country are trying to make sense of the festering problems that have led to this destruction. While police encounters going south are nothing new, the recent protests and violence speak to a need to understand – and prevent – hostile interactions between civilians and law enforcement officers. In the aftermath of terrible previous incidents such as Eric Garner’s 2014 death and Freddie Gray’s 2015 death, cities expedited body camera purchases and hoped that greater documentation would cause these issues to dissipate. But with the George Floyd case, all the cameras and witnesses in the world were not enough to stop this senseless killing. Cities and municipalities clearly need to try something else. Below, the Taxpayers Protection Alliance provides a few suggestions on how to try and keep the peace and help everyone feel safer in their own communities.

Reexamine laws that lead to hostile encounters

In the past three months, unneeded regulations that made it more difficult to cope with the Coronavirus pandemic have been rolled back by cities, municipalities, and states. Because of this newfound regulatory flexibility, Coronavirus treatments are spared from Food and Drug Administration excesses and, yes, Washington, D.C. residents can now have their adult beverages to-go. Policymakers should green light another round of regulatory revamping to keep the peace in cities across the country. The logic is simple: every new law opens the door to more police interactions with civilians, and each additional interaction increases the risk of harm for both parties. Yale Law School Professor Stephen Carter says it best: “it is unavoidable that there will be situations where police err on the side of too much violence rather than too little…Better training won’t lead to perfection. But fewer laws would mean fewer opportunities for official violence to get out of hand.”

For example, in the tragic 2014 case of Eric Garner, selling loosie (single) cigarettes in Staten Island was sufficient cause for a run-in with law enforcement. This encounter quickly turned hostile, and the rest (“I can’t breathe”) is history. The police encounter cannot be examined in a vacuum. There would be no reason to detain Garner if Garner were not illicitly selling cigarettes to passerby’s. Garner (and many others) would not be illicitly selling cigarettes in New York were it not for sky-high taxation encouraging black markets and illegal operations. In addition to New York State’s $4.35 tax per pack of (20) cigarettes, New York City levies a $1.50 surcharge. Lowering these taxes would lead to fewer black markets forming and less hostile encounters with law enforcement.

And cigarette taxation is just the tip of the iceberg. America’s outdated drug laws (particularly against marijuana) have resulted in needless standoffs, deaths, lockups, and criminal records. The tragic death of Keith Lamont Scott at the hands of the police in 2016 was spurred by suspected marijuana use. Once police officers stop civilians, there’s no telling how the situation will unfold. But by repealing needless taxes and regulations, policymakers can ensure fewer interactions.

Create liability, insurance systems for police officers

In a perfect world, officers perpetrating heinous acts against civilians (especially unarmed) would face a timely legal response and be fired shortly after the incident. But in cities across the country, officers responsible for these acts are often allowed to serve for years before being dismissed or brought to justice (if not let off the hook completely). Prosecutors are naturally hesitant to charge members of law enforcement, and the grand juries often summoned to ascertain guilt almost always side with police officers.

Cities have tried to right the wrongs of the legal system by granting cash settlements to victims’ families. Baltimore paid Freddie Gray’s family $6.4 million for his murder, while Eric Garner’s loved ones received $5.9 million from New York City. But, ultimately, it is the taxpayer who foots the bill for these settlements instead of the responsible police officers. One remedy would be to assign liability to police officers instead of forcing city taxpayers to pay for these misdeeds.

Due to the potential for high legal costs, officers would take out insurance policies that would pay out settlements on their behalf (similar to medical malpractice insurance for doctors). In order to avoid having to pay out claims on behalf of beneficiaries, insurers typically raise premiums on risky policyholders. Doctors with a history of medical malpractice lawsuits typically face higher insurance premiums than doctors with no such history. Police officers would face similar insurance incentives, resulting in less reckless behavior against civilians. Cities may have deep, structural reasons for not prosecuting police officers, but insurers have a strong profit motive to keep problems from arising in the first place. If officers can’t be dismissed, they should at least have to pay the price for their actions.

Enact zero-tolerance policy against looting

Peaceful protests are a part of the American tradition, and key to citizens exercising their First Amendment freedoms. When protestors turn into rioters and in turn loot stores and steal merchandise, the “protest” morphs into something else. Store owners in cities such as Philadelphia, Chicago, and Washington, D.C. are already struggling enough due to Stay-at-Home orders and social distancing measures in response to the Coronavirus. The last thing they need right now is the destruction and theft of their hard-earned property.

Yet, history shows that when the dust has settled, many rioters and looters will go unpunished by the authorities. For example, in the aftermath of the 2015 Baltimore riots, the Baltimore Sun reports, “of the approximately 550 people arrested during the uprising in late April and early May, fewer than 100 were charged with any kind of significant crime…” Bail amounts for charged rioters were all over the place, ranging from zero to $500,000. Legal travesties were a dime-a-dozen, including, “one woman [who] was held in jail on $50,000 bail for almost seven months, only to have all charges against her (burglary, theft and malicious destruction) dropped by prosecutors.”

Similar snafus happened after Hurricane Harvey ravished Texas and Louisiana in 2017. Looters and thieves robbed vulnerable houses and stores across the affected region, and justice was few and far-between. Three alleged thieves were released from custody since the Orange County (Texas) District Attorney’s Office was closed due to storm damage. Officials must improve contingency planning in the event of riots and/or disasters and place a high priority in bringing burglars to justice. Looting destroys lives, and not punishing the perpetrators sets a disturbing precedent. 

There are no easy answers to fix these deep-seeded problems in our country.  America needs to look at a number of festering problems that led to the death of George Floyd and the ensuing violent protests and riots.  Governments and law enforcement officials need to take the first step by admitting that they are part of the problem and work toward implementing these solutions.