Pubdate: Wed, 29 Sep 1999 Source: Oakland Tribune (CA) Copyright: 1999 MediaNews Group, Inc. and ANG Newspapers Contact: 66 Jack London Sq., Oakland, CA 94607 Feedback: http://www.newschoice.com/asp-bin/feedback.asp?PUID486 Website: http://www.newschoice.com/newspapers/alameda/tribune/ Author: Matthew B. Stannard GOV. VETOS BILL TO LOG RACE DURING TRAFFIC STOPS Gov. Gray Davis vetoed a bill Tuesday that would have required California law enforcement officers to collect data on the race and ethnicity of the motorists they stop. Davis instead directed the California Highway Patrol to establish a three-year program to record and analyze data from its officers' traffic stops and report the results to the Legislature annually, beginning in January 2001. Backers of the bill -- tagged the "Driving While Black or Brown Bill" by proponents -- say the effort to get local police to collect the same information is far from over. "For the governor of the state of California to claim at this time that there is no evidence that this practice is taking place statewide' shows how stunningly out of touch that this governor is," said John Crew, director of the American Civil Liberties Union's Police Practices Project. In a veto message released late Tuesday, the governor said cases of racial profiling -- stopping and searching motorists because of their skin color or apparent nationality -- may sometimes occur and are "abhorrent." But state government should not put an additional burden on law enforcement officials during traffic stops, Davis' message said -- especially when collecting and analyzing the data would "cost tens of millions of dollars" without providing "any more meaningful information than is currently available." Both the governor's analysis of the law and the probable cost are hotly contested by the bill's proponents. The CHP has been sued by the American Civil Liberties Union for allegedly using racial profiling in an anti-drug operation called "Operation Pipeline." The operation has been the subject of a report by the Joint Legislative Task Force on Government Oversight, but the report is in draft form and has not yet been released. Davis also instructed the highway patrol to collect data from other law enforcement agencies that voluntarily collect racial data on the motorists they stop, and encouraged local officials to urge their local police to cooperate. Several law enforcement organizations, including police in San Jose, San Diego and San Francisco, already have begun collecting such data. Members of the Alameda County Police Chiefs and Sheriff's Association voted in July to do so, beginning Oct. 1. Association President and Alameda Police Chief Burnham Matthews said it would be up to the county's independent agencies to decide whether they would continue to gather the information without the pending legislation, but said his own agency would go ahead as planned. Oakland police said the same. "There are a lot of things we do that are not state law that we do to demonstrate to the community that we serve them and to gain their confidence," he said. "I would assume that the Alameda County organizations are going to continue on for a period of time and analyze the data and see what happens." Such voluntary cooperation is not enough for the bill's author, Sen. Kevin Murray, D-Culver City, who promised to reintroduce the bill in the next session. "The irony of that is that this bill, this piece of legislation, was supported by a broad coalition," he said, noting that the state Assembly passed his bill 61-16 and the Senate by 29-0. "Republicans were for it. The only people against it were police organizations -- some of whose members are going to do it voluntarily." But El Dorado County Sheriff Hal Barker, president of the California Peace Officers' Association, reiterated his group's opposition to Murray's bill, which he said would give officers a paperwork "nightmare" and turn every traffic stop into a racial debate. "We're willing to work with the governor and the Legislature in any direction we can to deal with issues like this. But this just wasn't the right approach," he said. "I really salute the governor for having the courage to look at the issue and say there's just got to be another way to do it." - --- MAP posted-by: manemez j lovitto