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Comment by sitkack

2 years ago

> He moved to Las Vegas and, at the age of 25, became an officer in the metro police. Kinch came to serve in elite detective units over 23 years in the force, hunting fugitives and helping take down gangs like the Playboy Bloods. Eventually he was assigned to what he called the “Black squad,” according to court records, tasked with investigating violent crimes where the suspect was African American. (A Las Vegas police spokesperson told me they stopped “dividing squads by a suspect’s race” a year before Kinch retired.)

That is crazy, you'd think that would be illegal under the Civil Rights Act. White criminals had a separate police force from black ones.

I'm white as heck but I wouldn't think that for a single moment. I know enough black Americans and enough about policing that I'm unsurprised. Also, I would categorize the spokesperson's response as 'PR' and an expected claim, which is not the same thing as an accurate claim.

As near as I can tell Black Lives Matter did not arise out of some sort of spite or radicalism, but out of the conditions Kinch's stated experience suggests. This pretty well contradicts the Civil Rights Act, something Kinch's stated experience also suggests.

It’s a bona fide occupational qualification, it’s completely legal under the Civil Rights Act and works the same way if for example Hollywood wants to hire a black actor or a Las Vegas club wants to hire female dancers. If said discrimination is necessary for a legitimate business function (And meets a couple of tests) it’s completely legal.

  • > It’s a bona fide occupational qualification, it’s completely legal under the Civil Rights Act and works the same way if for example Hollywood wants to hire a black actor or a Las Vegas club wants to hire female dancers.

    I think you've misunderstood. It's clear from the article that the "Black squad" was so named because it specialised in investigating suspects who were Black, not because the officers in it were themselves Black.

  • > It’s a bona fide occupational qualification

    A BFOQ can only apply to private hiring discrimination, not "having a separate police force when you are suspected of a crime based on race" discrimination. It's not employment rights at issue, so occupational qualifications are not relevant.

    OTOH, the issue here is probably more 14th Amendment equal protection than statutory rights.

    On the gripping hand, American police departments having racist practices that are internally well-known, and not being held accountable for them is..not at all surprising.

i can see why in highly segregated communities it might be more effective to have detectives who know xyz about a certain community, especially since criminal gangs tend to self-associate by race/ethnicity

would a police group dedicated to investigating the mafia be a violation of the civil rights act?

It's unfortunate, certainly, but it's probably very useful for police to have knowledge of and experience with the communities they're policing. In Canada police officers who are expected to work with indigenous communities often get special training to familiarize them with those cultures.

  • Sure, you (presumably) want the police to be sensitive to cultural issues -- the problem is you can't use skin color as an indicator of inclusion in a cultural group.

    I was watching an interview the other day from one of the Tuskegee Airmen and just going by his physical appearance he looked as "European" as I do.

From the OP:

> A Las Vegas police spokesperson told me they stopped “dividing squads by a suspect’s race” a year before Kinch retired.

and later:

> In 2016, he turned in his badge, a year after the saga broke in the local press.

If all those facts are consistent, they had a 'Black squad' until 2015.

Edit: An aside in an article and piecing together facts that were not necessarily intended to be consistent can result in bad misunderstandings. We need more information to understand it.

But at the same time, let's be careful about proceeding like scientists and making the null hypothesis 'it wasn't racist' or even 'there isn't racism', requiring 99.9% certainty. That's one way members of the status quo perpetuate bad things, even without meaning to. It's a rationalization ('I'm thinking about this scientifically!') for plain old self-serving bias - I'm innocent of anything until there are scientific levels of proof, and then I'll still keep questioning it and probably just refuse to believe it. It's an impossible mountain to climb; in those discussions, the status quo will never agree.

There are other approaches, such as a preponderance of evidence, to borrow the legal term.

Is Williams black? I can see the argument for having black officers investigate black criminals, particularly if they're enterprises requiring infiltration.

  • The black squad member was Bobby Kinch, “American, Christian, White, Heterosexual”