The Florida Civil Rights Association (FCRA) has asked US Attorney General Eric Holder to direct the US Department of Justice (DOJ) to launch an immediate federal civil rights investigation against the Florida Department of Business and Professional Regulation (DBPR) and the Orange County Sheriff’s Office (OCSO) for targeting African American and Hispanic owned barbershops in a series of warrantless drug raids conducted under the pretext (police ruse) of administrative licensing inspections.
The tactics used by DBPR and OCSO have cast a dark cloud over how administrative licensing inspections are being used illegally to conduct criminal investigations without obtaining a warrant. “This cannot be ignored,” said Florida Civil Rights Association President, J Willie David, III.
The four page complaint alleges that a DBPR regulatory supervisor and three DBPR regulatory investigators, along with an OCSO sergeant, corporal, 4 narcotics agents, 2 plainclothes deputies, a K-9 and 6 uniformed deputies violated federal law on or about August 21, 2010, September 17, 2010, and October 8, 2010 by (1) racially profiling barbers, customers, and their businesses, because they were African Americans and Hispanics; (2) entered the businesses under a pretext (police ruse) of administrative inspections; (3) conduct intrusive, unjustifiable and extended searches unrelated to unlicensed activities; (4) searched their pockets, removed drivers licenses and other items, conducted background checks; (5) handcuffed, detained, searched and arrested barbers and their customers; (6) carried guns, blocked entrances, rushing through the barbershops, using a battering ram to break down doors to search for criminal activity of drugs; (7) unplug business surveillance cameras; (8) used a K-9 to search outside and inside barbers and customers vehicles; (9) towed barbers and customer vehicles; (10) narcotics agents or plainclothes deputies kept the barbers under surveillance by posing as customers on different days before the warrantless raid; (11) deputies answered the business phones, telling customers that the barbers were tided up and being arrested; (12) they used insulting remarks to humiliate the barbers; and (13) uniformed deputies returned a week after the warrantless raids to conduct a “follow-up” walk through of the barbershops searching in back rooms just to intimidate and cause fear.
SEE ENTIRE FEDERAL CIVIL RIGHTS COMPLAINT HERE.
The complaint also alleged that DBPR investigators and OCSO deputies demonstrated a racially discriminatory pattern or practice in its inspection, detention, searches and seizure, and arrests policies involving African Americans and Hispanics in Orange County, Florida.
The Florida Civil Rights Association is also requesting the Justice Department to withhold federal funds given to the OCSO and the DBPR until these discriminatory practices are addressed and corrected, David said.
The Florida Civil Rights Association intends to pursue justice to the fullest extent for the barbers, including demanding DBPR adopt new policies prohibiting the use of licensing inspections with other government entities as a pretext for conducting warrantless inspections or collecting criminal evidence, David said.
The Florida Civil Rights Association has provided Governor Charlie Crist and Governor-Elect Rick Scott with copies of the federal complaint filed with US Attorney General Holder. It is time to close this illegal loophole used by law enforcement to get around obtaining a warrant, David added.
DBPR and OCSO warrantless raids on minority owned barbershops have certainly outraged the African American and Hispanic communities. The Florida Civil Rights Association will also look for ways to help rebuild trust between the community and law enforcement where divorce is not an option, David said.
