Judge in DC refuses to end controversial checkpoints
On October 30, a federal judge in Washington DA refused to issue an injunction to stop DC police from putting up checkpoints to screen motorists going into neighborhoods plagued by drive-by shootings.
For two weeks in June and July of 2008 police set up checkpoints in the Trinidad area, controlling vehicles trying to enter the neighborhood near Gallaudet University. According to the Washington Post, police stopped 951 vehicles and refused entry to 48 either because the motorist could or would not provide a ‘valid reason’ to be there. Valid reasons include living in the neighborhood, visiting relatives, picking up a child or seeing a doctor; motorists refusing to provide the necessary information could walk but not drive into Trinidad.
Mara Verheyden-Hilliard, attorney for the Partnership for Civil Justice and NPAP member, sued on behalf of four residents and demanded an injunction until constitutional issues could be decided. Judge Richard J. Leon ruled that the public’s interest in deterring violent crime was overwhelming and the checkpoint effort “carefully crafted.” He further argued that the residents did not meet the burden necessary for a preliminary injunction.
The Judge endorsed the arguments advanced by the Police Chief and the Mayor and distinguished the program from other programs held unconstitutional by the Supreme Court. As opposed to checkpoints in the general interest of crime control, Leon argued, the roadblocks in DC were “materially different” as they had the specific objective of stopping gunmen using cars.
Verheyden-Hilliard has appealed the ruling and the suit challenging the constitutionality of the Neighborhood Safety Zone effort will continue.
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