Lawmakers in blue state pass major police reform bill that awaits sign-off from Republican governor
This post was originally published on this site
On Tuesday, state lawmakers in Massachusetts passed an important police reform bill that bans the use of chokeholds and carotid restraints, as reported by CNN. Notably, the legislation limits “no-knock” warrants, which a number of police departments have banned in the wake of Breonna Taylor’s death. In terms of protests, the legislation also limits police use of both tear gas and rubber pellets, which is particularly relevant as we reflect on a summer of anti-racism and anti-police brutality protests across the nation.
Importantly, the legislation also calls for limits on facial recognition technology, as well as other biometric surveillance systems, across the state. The legislation calls for a commission that would be able to certify and decertify police officers and oversee investigations into police misconduct. Advocates for police reform do have a major issue with the legislation, however, and we can break that down below.
First, as some background, Democrats have control of both the state’s legislative houses. In this case, the Senate voted for the legislation 28-12 and the House voted 92-67. Not all Democrats voted for the bill, and no state Republicans did. Massachusetts has a Republican governor, however, and he has 10 days to sign it. Gov. Charlie Baker has not yet confirmed if he will sign it or not.
Ultimately, the legislation (which combines both House and Senate drafts to form the final bill) falls short in one key area that police reform advocates continue to worry about: qualified immunity. In short, qualified immunity protects police from being held liable for their conduct unless it very explicitly violates constitutional or statutory rights. What does it mean to be held accountable in this context? Basically: It’s really, really hard to successfully sue a police officer for misconduct or abuse of power, and that’s a real problem when we consider systemic racism. You can read a great deep-dive of a specific example as covered by my colleague Laura Clawson.
Rep. Ayanna Pressley, as well as Sen. Elizabeth Warren, have spoken out about this issue before, and they aren’t the only ones. In fact, for example, Colorado actually recently became the first state to essentially reform qualified immunity in civil suits.
As reported by boston.com, in speaking about the latest legislation, Pressley stressed that “there can be no true accountability with qualified immunity,” but did encourage Baker to enact the bill into law. While it’s not perfect, it’s definitely a step in the right direction.
Amid ongoing protests for racial justice as well as talk about defunding the police, it’s important to monitor and celebrate gradual progress. Policing is a structural issue that impacts everyone, but especially the most marginalized among us—people of color, undocumented immigrants, low-income people, and people with disabilities, for starters. Even in schools, for example, we know that reforming police presence and keeping young people out of the criminal justice system may literally change the futures of many who aren’t even adults yet. That’s true for everyone, but especially for students of color and students with disabilities.