PHILADELPHIA (KYW Newsradio) — The Philadelphia Fraternal Order of Police is suing the city over a law, set to take effect next week, that would limit enforcement of minor driving infractions.
The suit targets the Driving Equity Law, sponsored by Councilmember Isaiah Thomas. He hopes it will combat the phenomenon known as “driving while Black.”
Council passed his bill by a 14-2 margin after Thomas presented data showing Black drivers are more likely to be pulled over for violations that don’t even warrant a ticket, things like a broken tail light or an expired emissions inspection. A similar measure was enacted in Virginia shortly after the killing of George Floyd.
But FOP president John McNesby says the offenses are safety issues.
"No headlights or a bad inspection or not registered, would you consider that safe? Is that what we’ve actually come to in this city, to drive around illegally and be able to do whatever you want and thumb your nose at the law? That’s a recipe for disaster," McNesby asked.
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"When you have unsafe vehicles riding around the city with no registration, no inspection, faulty headlights, stuff like that, it’s going to cause more auto accidents. It’s going to have (the) community paying auto insurance at astronomical rates."
McNesby has asked Common Pleas Court to declare the law invalid, along with an executive order from Mayor Jim Kenney on implementing the law.
The suit also argues that the First Class City Home Rule Act prevents Philadelphia from creating a law counter to those already in place throughout the rest of the state.
Philadelphia is the largest city government in the U.S. to pass a ban on what are sometimes called pretextual stops.
Critics say the practice has led to Black and Latino motorists being unfairly stopped and searched at disproportionately high rates and sometimes being detained for small infractions. The Defender Association of Philadelphia projected that the enforcement change could mean as many as 300,000 fewer police encounters a year.
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The practice has also led to a handful of high-profile deaths: Sandra Bland in Texas, Walter Scott in South Carolina and Daunte Wright in Minnesota were all initially pulled over for pretextual stops.
A statement from a city spokesman accuses the FOP of distorting the text and purpose of the bill. You can read the full statement below.
"The FOP distorts the text and purpose of the Achieving Driving Equality bill and Executive Order, which were needed and implemented to address the disproportionate number of traffic stops experienced by people of color in Philadelphia. Relevant data shows that certain enumerated stops disproportionately affect people of color; we believe that this bill does not jeopardize public safety. We do not expect this lawsuit to affect the Police Department's implementation of the bill and EO."
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Thomas was not available, but he released the following statement calling Philadelphia "a tale of two cities" and contending his bill is meant to bridge the gap.
“For those who call this law unnecessary, I ask what their experience is being pulled over by law enforcement? Philadelphia can often be a tale of two cities. Driving Equality seeks to bridge this divide. We need all skeptics to listen to people’s lived experiences and understand that this is about the unequal treatment of Philadelphians when it comes to traffic stops. Driving Equality has firm legal standing. City Council reaffirmed this with an overwhelming majority, the Mayor reaffirmed this with an Executive Order, and the police’s own data reaffirm this. We expect the courts to reaffirm that Driving Equality is legal and necessary."
The Associated Press contributed to this report.