Showing posts with label William Bratton. Show all posts
Showing posts with label William Bratton. Show all posts

Friday, June 29, 2012

Beyond "Police Brutality": Racist State Violence and the University of California

By Dylan Rodríguez, Professor of Ethnic Studies at UC Riverside. This essay is published in the June 2012 issue of American Quarterly.


From UC Davis to UC Riverside, Global Outrage to Conspiracy of Silence

The events of November 18, 2011, at the University of California, Davis, bear the mark of a certain kind of American racial-political spectacle. An eruption of police violence on that afternoon—what most have named an act of “police brutality”—catalyzed a national and international response, focused on the vulnerable bodies of young white people engaged in an act of civil disobedience. (With due respect to the people of color who were also in the line of fire at Davis, my contention is that their bodies were not the ones with which the national and international response was primarily concerned, nor was their vulnerability centrally responsible for inciting this global outrage in the first place.) The political outcry was primarily fueled by the viral circulation of cell phone, Facebook, and YouTube videos depicting riot-geared police officers dousing the UC Davis Occupiers with caustic yellowish fluid (a widely published still image of which appears here as fig. 1 [editor's note: the above picture]). As this scene becomes momentarily enshrined in the political narratives of the U.S. Left as a reference point for exposing the repressive tendencies of a state (and university system) in crisis, it seems that the spectacle of UC Davis has been isolated from the historical context that has enabled it.

As a point of vital contrast, it is worth remarking that two months after the UC Davis pepper spray incident, on January 19, 2012, a far more massive and militarized display of police force/violence occurred at my home campus of UC Riverside, in which students were actually shot with “less than lethal” police pellets during protests of the UC Regents meeting. In the case of the Riverside campus, UC police were mobilized from every UC campus other than Davis and Merced, and were supplemented by officers from the City of Riverside Police Department and Riverside County Sheriff’s Department. Police helicopters periodically circled over the protest, and officers took what seemed to be sniper positions at strategic high points on campus buildings. The climate was thick with police presence, and the pageantry of political intimidation manifested a massive show of force against the students, faculty, staff, and ordinary people who populated crowd. This police demonstration starkly contrasted with the protest’s well-disciplined adherence to tactics of “nonviolence.” (By way of definition, I do not consider loud chants, intense and vitriolic rhetorics of protest, militant refusal to disperse an alleged “unlawful assembly” or sit-down blockades to constitute “violence”; further, even if one wishes to perform the academic gymnastics of labeling such activities as forms of discursive, symbolic, existential, and/or immanent violence, they are certainly not of a kind remotely comparable to the aforementioned marshaling of legitimated state violence.) For reasons I attempt to explain, we should not be surprised that UC Riverside’s scene of police repression—images of which are also easily accessible via e-mail listservs, YouTube videos, Facebook photos, and the like—has not attracted remotely the kind of attention and righteous reaction as the incident at UC Davis.

Rather than stagnate in the discourse of righteous outrage that is almost reflexively spurred by such events, it may be more useful to pose some hard questions: for example, is it possible that the entwined narratives of moral affront and institutional (university/police) accountability surrounding UC Davis and select other police spectacles—and which may largely exclude police violence in other places—are part of a broader, commonsense conspiracy of silence regarding the where/when/why (and not merely the how) of state violence, and racist state violence, writ large?


Beyond “Police Brutality”

We should be clear: the UC Davis police used caustic “nonlethal” spray on those student protestors because they could. The institutional entitlement to use such police force, however ill-advised it may seem in hindsight, is neither incidental nor ad hoc—it is systemic, legally supported, and absolutely normal. As we pass the twentieth anniversary of the acquittal of five Los Angeles Police Department officers in the street torture of Rodney King, it is urgent to once again examine how police violence shapes our everyday realities in different and contradictory ways.

(A note on the prevailing language: police brutality has become a vastly misused term. While the phrase intends to communicate a sharp criticism of state power that has presumably violated its own self-defined laws and regulations, it is often used to refer to violent police practices that are utterly, ritually sanctioned by law.)

The public response to the display of police violence at UC Davis has been predictably characterized by a combination of righteous outrage and institutional shaming, accompanied by somewhat more muted and unconvincing—though equally predictable—defenses of the UC Davis police department and chancellor. Two facts are not in question: first, the campus deployed an armed police force to squash a conventional act of civil disobedience that was, in the recent historical scheme of things, quite institutionally polite and undisruptive; second, that same armed police force was authorized to use nonlethal weapons on nonviolent student protestors. (We must also remember that the spraying of such chemicals has been widely known to cause death and permanent disability in many instances.)

What does remain in question, however, is how and why these facts are being translated into a liberal-progressive political reaction that seems to naturalize—that takes for granted and/or completely obscures—the fundamentally racial and racist structure of U.S. policing, an apparatus that finds its modern roots in slave patrols, U.S. colonial military outfits (in the Philippines, Puerto Rico, and elsewhere), Texas Rangers (killers of Apaches, Cherokees, and Comanches), and white citizens’ militias throughout the post–Civil War era North and South. In other words, is it possible that much of the critical response to the scene at UC Davis is actually condoning racist police violence rather than challenging it, and if so, what is enabling such critically minded people to do so?

Sunday, November 27, 2011

CUCFA Letter to President Yudof objecting to hiring William Bratton to investigate UC Davis pepper-spray incident

November 27, 2011

President Mark G. Yudof
University of California
1111 Franklin St., 12th Floor
Oakland, CA 94607
Fax: (510) 987-9086

Dear President Yudof,

The Council of University of California Faculty Associations (CUCFA) protests your decision to hire the Kroll Security Group, and its Chairman William Bratton, to conduct what you call an independent investigation of police violence at UC Davis. We take no position here on Mr. Bratton's personal qualifications; our objection is to the conflicts of interest of Kroll Security itself, which is already a major contractor with UC on security matters. According to its website, Kroll's services are not confined to securing databases and facilities from attacks by criminals and terrorists. It also protects many global financial institutions and other multinationals against threats to "operations" that may come from public criticism and direct political action.

By deepening UC's links to Kroll, you would be illustrating the kinds of connection between public higher education and Wall Street that the Occupy UC movement is protesting. Kroll's parent company, Altegrity, provides data-mining, intelligence and on-the-ground security to financial institutions and governments seeking to head off and defeat both private sabotage and public protest. In addition, Altegrity's parent company, Providence Private Equity, is a major global investor in for-profit higher education companies that benefit from the decline of publicly funded higher education.

We already know that Kroll has provided security services to at least three UC campuses for the past several years. This in itself would disqualify Mr. Bratton from participating in the investigation you propose, even if the role of Kroll and its affiliated companies in defending the financial sector against OWS did not raise further questions about its pro-Wall Street and pro-privatization bias.

A truly independent investigation that would allow UC to provide a credible response to the events at Davis (and the other campuses) needs to address several questions that would not be seriously considered if you hire Kroll.

  • What was your role and that of UC General Counsel in the events at Davis? Did you, as a distinguished first amendment scholar, tell chancellors and campus police chiefs that protests (especially protests against UC's own policies) are "part of the DNA of this University" that should not be addressed using the same techniques that UC has developed (likely with the help of Kroll) to deal with terrorists, shooters, and cyber-saboteurs? (Even if you have been a zealous defender of the rising student movement to restore public higher education, such a conclusion would not be credible coming from an investigation tainted by Kroll's conflicts of interest outlined above.)
  • What was and is the role of Kroll in helping banks and public institutions (including UC) investigate and defeat movements such as OWS and their campus counterparts? Is Kroll now acting as a liaison between universities, city governments and the Department of Homeland Security in defending the financial sector against protests occurring on what used to be considered public spaces? Are protests against Wall Street in such spaces now considered a threat to the security of the nation, the city and the public university? (The growing securitization of public space has been a major obstacle to first amendment activity since 9-11.)
  • How much money has UC and its individual campuses paid to Kroll for security services? Were these contracts issued as sole source contracts or was there open bidding? Were Kroll's services confined to protecting, for example, the privacy and integrity of data systems and faculty and staff conducting animal research or did they extended to what Kroll's website calls "organizational threats" arising from "the dynamic and sometimes conflicting needs of the entire campus population?" (This could be a description of the student protests that you rightly regard as "central to our history" as a university.)
  • What led to the issuance of false and misleading statements by University of California officials (Chancellors and their assistants, spokespeople, and police chiefs) in the aftermath of police violence at Berkeley and Davis? Did you encourage these efforts at spin control? (Dishonest statements seriously damage the university as an institution devoted to truth and protect only the individuals whose decisions are in question.)

The broader issue is how protest can be part of what you characterized as "our university's DNA" when the right to protest is not formally recognized within the university's own codes of student and faculty conduct. It could be and should be. The CSU student code states explicitly that "[n]othing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the first amendment." If such language were included in the UC code of conduct, students would have a clear first amendment defense against disciplinary action arising from peaceful political protest-and there would be strong grounds for questioning the legality of a police order to disperse a peaceful protest from a public site on a public university campus. The explicit incorporation of constitutional limits on UC's power to break up demonstrations that threaten its march toward privatization would go a long way toward recovering UC as a public, rather than a private, space. We urge you to see that the UC codes of conduct are amended to parallel those in place at CSU.

Events at Davis and the other campuses have shown the University of California in a negative light, and we agree strongly with the need for an independent investigation. We believe, however, that your appointment of Kroll to investigate the university's response to last week's protest could itself become a basis for new protests, and that you should ask Speaker Perez (or someone unaffiliated with the University) to appoint a genuinely independent committee with representatives from student, faculty, staff and civil liberties groups. Such a committee should be given a specific charge to investigate and report on all of the questions set forth above.

Robert Meister,
President, Council of UC Faculty Associations
Professor History of Consciousness and Political and Social Thought, UC Santa Cruz