“I DON’T WANT to say it’s because I’m black,” says David Rush, when asked why he thinks he was issued a 30-day exclusion from TriMet property while registering minority voters at the Beaverton Transit Center late last month.
“But honestly—what else am I supposed to think?” he asks.
Rush, who was formerly in the Navy, has been working for the Southeast Portland-based Community Voters Project (CVP) for the past month, arrived at the Transit Center at noon on June 26. Half an hour later, he had registered about a dozen mainly African American and Hispanic voters, whom he is supposed to target as part of the CVP’s mission-to register half a million minority voters across the country. That’s when two TriMet bike cops showed up.
“I said, ‘How’re you doing,’ and I did that purposefully so that if they saw me and wanted me to leave, they could ask me,” says Rush. “But they didn’t say anything.”
Over the next two hours, Rush, who lives in downtown Portland—and is partially covered for this photo, as he fears reprisal if he’s fully identified—says he watched the officers stop people as they got off the MAX. A disproportionate number of those stopped, Rush says, were black and Hispanic. At 2:30 pm, he was registering somebody to vote in one of the bus stalls, when one of the officers beckoned him over, Rush says. The officers asked Rush for his identification, and he asked why he had to show them.
“They wouldn’t give me an answer as to why, even though they had no probable cause,” says Rush. “So we went back and forth like that for about 15 minutes, and then they said if I didn’t show them my ID, they would take me to jail.”
So Rush gave his identification to Officer Jason Billings, who wrote him a 30-day exclusion ticket from TriMet for “non-transit use.”
Rush says he told the officers “at least five times” that he was just trying to register people to vote. “But every time I said it, they acted like they didn’t hear me,” he says.
Rush’s exclusion began on July 3, and he has been frustrated with the CVP for not doing enough to sort the situation out. The TriMet cops mailed Rush’s exclusion to the CVP’s offices, and Rush says his employers neglected to inform him about a hearing on July 3 where he could have protested the exclusion.
“I mean, I was on the clock when this happened,” he says. “And it’s all right for them, they go back to the University of Oregon in Eugene when this is all over. But I’ve got to go back to work in construction next week. And this is still outstanding.”
Ben Chilton, who runs the Community Voters Project out of a building on SE 11th and Clay, told the Mercury on Friday, July 11 that he thought it was possible Rush was profiled because of the color of his skin, particularly since none of his other 25 voter registration people—six of whom are also African American—have ever been excluded from TriMet property for registering minority voters. “None of our other canvassers have ever been asked for their identification, either,” he said.
“Judging from what I’ve seen of David, he’s a good guy,” Chilton adds. “And typically, we haven’t had any problems with TriMet officers. Nor have we ever had a problem with any other officers out of Beaverton.”
Chilton referred further questions to CVP’s Denver-based national operations director, David Rogers.
“One of the things we go at lengths to do is build relationships with people like the county registrars and police in situations like this in order to avoid problems,” says Rogers. “And we haven’t had any other issues like this across the whole country in terms of people being arrested or even ticketed for working for us.”
Rogers says he is willing to do whatever it takes to make sure nobody gets in trouble for doing their job.
“We attempted to work with TriMet to correct this but they told us Rush would have to contact them directly,” he says.
Rush has been in touch with TriMet, according to agency spokesperson Mary Fetsch. “Mr. Rush appealed the exclusion,” she says. “However, the Hearings Officer sent notice of the hearing to his California address, rather than to his Oregon employer. Obviously he missed the hearing, so the citation was sustained.”
That said, TriMet reviewed Rush’s citation, and rescinded it as we went to press. “From the information on the citation, [Rush’s] activity was allowed,” Fetsch says. “There were no other issues, so we recind the citation.”
So Californian racially profiling voters by to register them in Oregon (is that even legal?) gets cited — then the citation is rescinded — and they’re all worried about racial profiling?
A trifecta of non-news Matt, bravo!
Find another place to register people, or keep your distance from the TriMet. Making a “big deal” out of nothing. People might have complained that the guy was annoying people. If people want to register they will find a way to do it, one way or another. My two cents.
just my two cents. I was recruited to work for ACT (America Comming Together) one time (and registered to vote), while a Tri Met security guard stood right by me and watched. of course that was four years ago or so. ACT did a _lot_ of registering people to vote on trimet busses and MAX durring hours when there were people on them. it was a strategy.
thanks
Patrick
Agree with previous. If I want to register to vote I’ll find one way or another. Don’t bother me while I’m zoning out on the MAX on my way to work. Off TriMet, also don’t bother me during a concert at Crystal Ballroom. Seriously, I really can’t imagine what the people at McMenamins are thinking. Paying patrons of the establishment are harassed by these voter-hunters.
“—says he watched the officers stop people as they got off the MAX. A disproportionate number of those stopped, Rush says, were black and Hispanic.”
CHRIST ALMIGHTY!
Gimme a freaking break! What a bunch of crap!
“The officers asked Rush for his identification, and he asked why he had to show them.”
Now the last time we discussed this issue here at the MERCURY, I said, clearly, that if people cooperated with the police instead of thinking they are NAZI STROMTROOPERS getting ready to send them away on one of the cattle cars, things would be much better for them.
BUT NO, everyone wants to fight with the cops, because they are the cops.
The probable cause is that you are on TRIMET property and can be asked for your identification.
T”hat he thought it was possible Rush was profiled because of the color of his skin”
CRAP CRAP CRAP!
He did this to himself for arguing and not cooperating with the officers.
WAKE UP PEOPLE, MESS WITH THE COPS AND YOU END UP IN COURT…
That’s life, and no matter how many stories the MERCURY writes about it, IT WILL NOT CHANGE.
It’s not about race, even though that’s the card that the MERCURY likes to play.
When my hero:
*RALPH NADER*
Showed up at one of the presidential debates and was told by the police that he could not go inside, Ralph produced his invitation, and the police said if he did not leave the premises he would be arrested.
Ralph said, to not do what the police tell you is to put yourself on the defense instead of the offense because you give them a reason to arrest you.
He left, because he knew better than argue with the cops.
Nobody understands America better than RALPH NADER, and he says obey the cops!
OBEY THE COPS, stop thinking this is NAZI GERMANY, because it’s not!
Nothing is mentioned about Rush’s methods. I’ve encountered very aggressive people attempting to gather signatures for petitions or attempting to register people to vote. Perhaps Rush brought this attention upon himself? The story is not clear and I’m sure Rush would like to believe it’s all about his skin color. Which begs the question: If this was purely about race, why did the cops wait so long to contact him? They worked the platform for quite some time (2 hours) after taking note of Rush. Which, to me, shows this has nothing to do with race and everything to do with behavior.
Al M, you are being a classic troll but that’s no reason to be quite so ignorant. At least come up with some valid points in your harangue to offset your use of all caps, else others may skim over it.
> “I said, clearly, that if people cooperated with the police
> instead of thinking they are NAZI STROMTROOPERS
> getting ready to send them away on one of the cattle
> cars, things would be much better for them.”
You did, and I do remember you saying that quite clearly. The problem is that– and I think this may be a historical misunderstanding on your part– repeating something multiple times doesn’t make it true.
(A correlary you may also be interested in: Those that know the least, know it the loudest.)
> “BUT NO, everyone wants to fight with the cops,
> because they are the cops.”
Actually everyone wants to fight with the cops, because (most) cops are dicks.
> “The probable cause is that you are on TRIMET
> property and can be asked for your identification.”
Really, that’s probable cause? So if you don’t have ID (not a requirement for the max last i checked) then what? Just spend the night in jail while they figure it out?
> WAKE UP PEOPLE, MESS WITH THE COPS AND YOU END
> UP IN COURT…
Um, what’s funny here (besides your repeated use of all caps) is that the story makes clear the charges were dropped. So he messed with the cops and got away scott free. Aren’t you torpedoing your own argument?
And those that think the police behavior is justified because folks might be annoyed by being solicited for voter registration are way off-base.
Why is it a black man is ushered away after a couple hours of registring voters but the same white dude has been trying to sell me hash at the 82nd stop for two years?
You need to report that Hash dealer bud. Simple.
You need to report that Hash dealer, bud. Simple.
“The probable cause is that you are on TRIMET property and can be asked for your identification.”
Hogwash. Simply being at a MAX stop or transit center is not probable cause for suspecting a violation of TRIMET rules. As for citing someone for registering people to vote, TRIMET regulations specify “a person issued a notice of exclusion for conduct to be determined to be expressive conduct protected by the First Amendment to the U.S. Constitution and Article I, sections 3 and 8 of the Oregon Constitution, shall not be excluded on the basis of such conduct.”
Face it, some cops are more than wililng to assume you’re guilty and let the courts figure it out. People are falsely accused and arrested all the time. Otherwise we wouldn’t need a Bill of Rights. Oh wait, Bush is in the process of dismantling it. Sorry, my mistake.
“Actually everyone wants to fight with the cops, because (most) cops are dicks.”
Merc creme proves my point! There is no further discussion needed after merc creme visibly telling statement.
AND I LIKE USING CAPS, AND WILL CONTINUE USING CAPS, UNTIL THEY KICK ME OFF WHICHEVER BLOG IS KICKING ME OFF THIS WEEK!
Y’arr, he look like a pirate, y’arr, that he do, matey, that he do.
Y’arr
The federal courts have already ruled that police may not ask for identification willy-nilly on the street. They must have probably cause. The case law for this involves the city of Chicago police department. Had he been taken to jail for refusing to show ID, the officers involved could’ve lost their badges and the city about $1M in liability damages.
Here is a link to a great card provided by the ACLU that defines your rights regarding interaction with the police. Remember, by law, police are permitted to lie to you about your rights in order to gain information from you.
http://www.aclu-co.org/education/KYR-WalletCard.pdf
Sir:
Racial profiling. What a bore. Such a 1980’s issue. Except, of course, in Portland when it concerns our professional peace officers.
Without racial profiling, Portland’s finest would have little to do as they show a distinct distaste for enforcing laws and ordinances they find “inconvenient” to themselves. Heaven forbid they investigate public corruption. Apparently in Portland it takes four or five officers plus a sergeant driving between them six cars or SUVs, all running with lights flashing, to issue a single traffic citation. Especially if the culprit is a minority member of our great society.
It’s become too much to expect that they reach beyond the thin blue line to create relationships in the communities they are sworn to serve and protect — as long as it’s not inconvenient, that is. Community policing? What’s that?
May I suggest a new slogan for the Police Department:
“To Serve and Protect — As Long As It’s Not Inconvenient”
Is there an element of racial profiling in this situation? Undoubtedly. Is there a larger issue of the gentleman’s behavior on private property. Yes. At least the police were there and not looking for a convenient place to park illegally prior to tiffen.
I remain your humble public servant,
Jacomus
Well, it’s pretty damned clear to me what this is REALLY about.