The city of Maplewood has had a law suit filed against it by Arch City Defenders, alleging it enforces a racially biased bail system that “exploits poor people to generate revenue,” according to the Riverfront Times.
ArchCity Defenders, is a non-profit law firm that combats the criminalization of poverty and state violence against poor people and people of color, according to its website.
From the press release (Nov. 1): “Poor people and people of color have known about Maplewood’s policies for years,” said Thomas Harvey, Executive Director of ArchCity Defenders. “Our clients say Maplewood’s police and court practices have prohibited them from driving through, shopping, and even living in Maplewood.”
According to the suit, filed in the United States District Court for the Eastern District, the system requires anyone contacting the city to cancel an arrest warrant to first pay up.
The press release:
St. Louis, Mo. (November 1, 2016) – ArchCity Defenders has filed a federal class action lawsuit against the City of Maplewood for implementing and enforcing an illegal, racially biased cash bail system that exploits low-income people in order to generate revenue. When citizens call Maplewood’s court, a voicemail recording states that a person cannot cancel an arrest warrant unless they make a cash payment. Maplewood’s “pay-to-play” system represents a new variation on an old theme. This paywall blocks access to Maplewood’s justice system, thereby creating a “pay-to-play” system whereby only people with money can access the court.
“Poor people and people of color have known about Maplewood’s policies for years,” said Thomas Harvey, Executive Director of ArchCity Defenders. “Our clients say Maplewood’s police and court practices have prohibited them from driving through, shopping, and even living in Maplewood.”
Tycko and Zavareei, LLP, a Washington DC-based law firm, commented, “we are proud to partner again with ArchCity Defenders to correct the wrong that has been done to thousands of low-income people in St Louis,” said Jeff Kaliel, co-counsel with Tycko and Zavareei.
Several minimum wage jobs exist in Maplewood and low-income drivers have been targeted, ticketed and arrested while commuting on main thoroughfares to work. Maplewood’s court does not inquire into a person’s ability to pay their subsequent tickets and court fines, rather, it demands payment or threatens jail time. People have diverted income from disability checks, and part-time paychecks in order to avoid jailing. If a person cannot afford to pay or is not able to come to court, Maplewood charges a “warrant recall bond.” The “warrant recall bond” is the cash bond that blocks access to justice by creating a “pay-to-play” system that only the wealthy can afford. In this scenario, a Defendant must pay Maplewood $500-800 in order to recall the warrant, receive information on her charges, schedule a new court date, see a judge, or file a motion to reduce the amount of her bond. To require money in order to access the justice system, is contrary to our legal system’s fundamental values.
Ms. Cecelia Webb, one of the named plaintiffs, a hardworking wife and mother, has lost her sense of safety in addition to her full-time job as a result of Maplewood’s exploitative, unconstitutional practices. Ms. Webb, a survivor of police misconduct in Maplewood, was told that in order to be freed from the City’s jail she would have to pay hundreds of dollars. Ms. Webb’s husband and pastor paid $850 bond to buy her freedom from jail. The night that she had been targeted, arrested and jailed by Maplewood police over traffic tickets, she lost her full-time job that provided health insurance and benefits to her family. Months later, Ms. Webb has expressed a lingering fear when driving, due to her traumatic experience in Maplewood.
ArchCity Defenders seeks declaratory, injunctive and compensatory relief. The full complaint can be read here.
Today’s filing follows a federal class action filed yesterday against the City of Florissant for running a debtors’ prison. More information on that complaint can be found here. ArchCity Defenders has now filed 17 federal class action lawsuits against cities alleging debtors’ prisons, denial of the right to counsel, and an unconstitutional cash bail scheme.
Anyone want to bet that all the folks saying “they should have just paid the fine” are working their butts off at minimum wage jobs and bringing home less than $300 a week? I think not.
I had hoped that Maplewood’s kangaroo court had changed. Perhaps not. It’s high time it does. I’ve also hoped that the Maplewood police dept has changed, and from what I’ve seen it has. So, there’s hope for us yet.
This lady was extremely lucky. Some years ago a friend called me and asked if I had $500.00 to get a friend out of jail. The person in jail missed a court date on a speeding ticket therefore a Warrent was put out for an arrest. The patrolman who issued the original ticket saw the person and pulled the person over and made the arrest. This happened on a New Years day. I drove to Florissant to pay to get the person out. Florissant said I could not pay because I would have to pay at County. They would not let me see the individual and the person would be transported for booking etc. Luckily the van picked up the person in a county jail van and more luck they went straight to Clayton without going to another jail to pick up more prisoners. When I got to Clayton I could not pay the $500 until the person was book, finger printed and placed in an orange jump suit prior to having a mug shot taken. Do you understand why this lady in Maplewood is extremely lucky?
I went to Maplewood’s traffic court some 10 or so years ago with a client and was astonished at how the judge had an obvious god-complex. I felt sorry for anyone who had to face that very unjust ‘judge’. No idea if he’s still in power today.
It sounds like there was more than one traffic ticket. Before judging I would have some questions such as: were the tickets issued during one stop, or multiple situations, what were the tickets issued for, tail light burned out, or other minor infractions, or more serious things that she would have had more control over, speeding, etc., and did she ask her church to help her out initially?
Must be a problem at the residence if you must call the police and yes If I was in law enforcement I would be curious of the individuals I will be dealing with it all starts with showing up for your court date to begin with but it sounds like the Arch City Defenders recommend their poor clients to not show up and I am curious what does it mean people of color everybody is a color but the ones that get handouts are the ones complaining.
Simple solution – if you can’t afford the time (or ticket), don’t do the crime!
However, I totally get if someone makes a mistake and does not have the resources to pay fines. In those hardship cases the court should be allowed to offer alternative sentencing, such as working off fines with hours helping parks and recreation or street maintenance, etc.. Alas, we all know how the progressives will react to that – “Maplewood has chain gangs!”.
People are sick and tired of this PC BS!
If you have warrants or tickets then you must have broken the law some where. I got tickets, went to court and paid the fine. Period. The laws are for everyone.
Hallelujah! So glad that this is being investigated. The police have a policy of checking for fines and warrants if they are called for help by residents for visitors to the municipality. This leads to an entire section of the population who is afraid to call the police for help. Changing this behavior will go a long way towards helping people of color and the poor seeing the police as people who can help when needed.
⬆️⬆️agreed. Doesn’t matter what the charges are. One should be able to access the legal system no matter their color and/or ability to pay.
It’s about time. I lived in mplwd for 16 yrs! I am a normal person. NVR in trouble…but had warrants for a while because i forgot a court date. Then went to pay a ticket I knew I had to pay and they wouldn’t let me pay it cause the missed court date warrant. Causing a 2nd one. Had to wait till I got taxes in to pay them so I wouldn’t be locked up.
Oh, for God’s sake! What next?
Here is what’s next car insurance will go up for the people that are not poor because the poor people that drive can’t afford it and god forbid if they have an accident they will not be held accountable because of their poor status.
Municipal violations and prosecutions are at the heart of the tension between police and the communities they are charged with serving. I don’t expect change coming from police departments or local/state governments. The feds got involved in Ferguson, but the same problems with vicious cycles of warrants, debt and incarceration exist in Maplewood. I’m glad that Arch City has taken action to address these injustices and inequalities through the courts.