The Gates Conundrum: Racism or Police "Authority"

by: Ian Welsh

Thu Jul 23, 2009 at 06:00


Whenever I read about an incident such as the one which happened with Henry Louis Gates Jr, in which a police officer arrests someone for, essentially, not paying them enough respect, the old Cartman line "respect my authoritae!" floats through my mind.

After reading the officer's account and Gates account, I have no idea whether racism was at the core of Gates being arrested. But I will lay long odds that if Gates had done everything Sergeant Crowley had told him to do and done it snappish, well, he wouldn't have been arrested. My interactions with police in the US have all reinforced to me that even something as simple as a question is interpreted by many policy as a direct assault on their authority, and that they have no tolerance for any such thing. If a policeman in the US asks you to do something, or tells you, you'd best do it, right now, whether he has the right to order you around or not. And if you don't, be ready to deal with the consequences.

Ian Welsh :: The Gates Conundrum: Racism or Police "Authority"

Which is to say, I agree with lawyer Scott Greenfield, when he writes:

 But there is similarly a possibility, based upon a larger experience by those who follow the conduct of police officers, that this was unrelated to Henry Louis Gates' race.  This encounter could have, and has, happened to whites as well as black, to Hispanics as well as Asians.  To old women and young men. 

Henry Louis Gates was arrested for engaging in "tumultuous" behavior.  Only in Cambridge would the complaint use the word "tumultuous".  But many a man forced from his castle upon the command of a police officer who refused to accept that he was at home would have been outraged.  Tumult seems an appropriate way to act.  The crime was Gates' hurling words at Sgt. Crowley at a time when the sergeant commanded him to be obsequious and compliant.  Gates would not calm down.  There is no law that requires him to be calm because a police officer ordered him to do so.  Other than the expectation that we do what an officer tells us to do, no matter what.

It may well be that what happened to Henry Louis Gates reflects, as he is accused of screaming at Sgt. Crowley, "what happens to a black man in America."  Because the black man happens to be the director of the W.E.B. Du Bois Institute for African and African American Research at Harvard, perhaps the pre-eminent black scholar, it will open a discussion that we still need to have, black president notwithstanding. 

It is also possible, however, that what happened to Henry Louis Gates is the outgrowth of the conflict between law and order, order represented by police who have been empowered, in our post 9/11 age, to believe that their every command is the law, that our blind obedience is mandatory.  Other than a few old-timers on the Supreme Court who live in a fantasy world where ordinary people can assert their rights and refuse to comply with the command of a police officer with impunity, this encounter between a distinguished scholar, within his own home, and a police sergeant who believes that his command is sufficient to create the divide between citizen and criminal, may offer the chance to question who commands whom in our society.

The counter to this is that "cops everywhere are cops".  Now there's certainly some truth to that.  But I will say this.  I don't fear Canadian police the way I do American ones.  My sample size isn't large, but I've found that unless there's a real crisis or threat (ie. not an unarmed 60 year old man), most of them don't demand instant obseqious obedience to their every demand and are willing to answer reasonable questions.

In the US my experience has been that unless I want things to get unpleasant, I'd better click my heels, cringe and do as commanded.

So, racism?  I don't know.  Could well be.  But I don't think it's necessary to invoke racism to explain officer Crowley's behaviour.  He was disrespected by someone who didn't obey his every command.  To his mind he was even lenient, he gave his orders multiple times.  Gates stepped out of line and needed to be put in his place, not because he was black, but because he was a civilian who wasn't doing what a police officer told him.

The real dividing line may not be black and white, the real dividing line may be the blue line.  You either wear the blue, or you don't, and Gates didn't.

(Addendum: I read the police report when it was released.  When I went looking for it today, it had been taken down both by the Boston Globe and the NY Daily News.  How... interesting.  Fortunately someone saved a copy. I'm so glad the press has an adversarial relationship with authority.)


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The same was true for the brown shirts.... (4.00 / 2)
Whatever happened to public servants and helpers in the community?   Everyone needs to remember to just SFU when dealing with the cops, which brings us back to what you said and brown shirts.  

could be both? (4.00 / 4)
my edit:

Gates stepped out of line and needed to be put in his place, because he was black and because he was a civilian who wasn't doing what a police officer told him.

multifactorial rankism?


Ever the refrain of authoritarians (4.00 / 6)
That no matter how absurdly a police officer behaved, the person suffering their abuse is at fault for failing to obey and defer to the cop.  It's amazing, even the taser horror stories, if you read the comments at any news site to one of them, will have a solid cadre of "well the cop was being a bit rude but it's studid to disobey them and that guy should have known this would happen..."

There is a need to culturally revitalize the whole "serve and protect" notion of police as public servants, not masters.


How is this not the most obvious thing on the planet? (0.00 / 0)


--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
Police authority (4.00 / 3)
So is it always illegal to defy a police officer's demands? I think that's a very important question. The answer is the difference between a free society and a police state.

It reads as a bit untoward to me for a white man to mark this either/or, (4.00 / 1)
given both is just as valid a possibility. You have a point that could be made just as adequately without this framing.

He didn't (4.00 / 1)
He said it could well be race, but that it's not necessary to invoke race to explain Crowley's behavior and have a productive conversation about something pernicious in our society.

What's the problem with that?

(And what's with the "white man" comment? Are you saying that a white man [Ian Welsh] is less able to understand the perspective of a white man [Crowley]? Or just that a white man doesn't have the right to talk?)

Progressive Change Campaign Committee


[ Parent ]
Racism is something pernicious in our society. (0.00 / 0)
How do we talk about it without invoking it?  

[ Parent ]
Well that's (0.00 / 0)
possible, yes. It's always a question at the back of my mind when it comes to either race or gender issues "given I'm a white man, should I even talk about this?"  But then people complain that white men don't talk about race and gender...  Honestly, on the liberal side, it's far safer to just say nothing or nod your head and smile or frown as appropriate.

[ Parent ]
I've seen too many white men get away with yelling (4.00 / 1)
at police, pushing police, disobeying police, and not getting arrested to be able to say that race was not an issue here.

An old man yelling at a police officer in his own house is not disorderly conduct but the cop calculated that if he could lure Gates outside it would be and he could arrest him. I highly doubt that would have happened to a rich White man.  


Exactly, I have watched many a non-african yell at police. (0.00 / 0)


--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
Really? (0.00 / 0)
Where do you live?  Because, for better or worse, I have always observed the same result that occurred here.  

[ Parent ]
I have to play devils advocate here (0.00 / 0)
the officer received a call of a possible break in.  his job is to go check it out.  he did that and asked the man in the house for ID to verify he is telling the truth.  

what would you do?  

a.  yell at the cop and call him a racist

b.  say, here is my id officer, thank you for checking up on me and making sure my home is protectd.  

now of course this is all speculation since the only 2 individuals there were the officer and Mr. Gates. I don't know how people are choosing sides on this one without all the facts.  


Imagine if you will that the home owner was Clint Eastwood. (4.00 / 1)
Now imagine the scene, and imagine the outcome.

OK?
Just playing Devils advocate here.

And really RR, you are so good at that.

Now read what happened. As it includes the second and not the first. Do0es the cop say he was called a racist? Or was he asked for his name and badge number? Which is the law. Did you know that was the law? That officers have to display, and provide name and badge number? Did you know he was asked over and over?

Now really, just playing devils advocate, why do you ask?

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
NO (0.00 / 0)
I don't know if he was asked over an over for his name and badge number because I was not there and unless you were that fly on the wall, I do not believe you were there either.  

The only factual information is by Mr. Gates own admission of what he said he told to officer.  

my point is that we (all of us) tend to immediately take sides, make comments, and pass judgement without having the facts.  We assume since there was a black man and a white man involved, that the white man was wrong and the black man was right.  Its very easy to let past wrongs cloud our judgement


[ Parent ]
We assume that? Clearly there is no statistical (0.00 / 0)
evidence that when it comes to a black/white situation we assume the black person is telling the truth.

In this instance what we do know is that the cop was shown proof that the old man was the resident of the dwelling. We also know that the cop lured him outside to get a disorderly conduct charge on him since he couldn't get one on him with it just being the two of them inside Gates' house.

Do you have evidence that this has occurred to a rich white man? If so, then that's relevant.


[ Parent ]
There two stories, one from a cop with anger issues and one from a Harvard Professor (0.00 / 0)
I am aware that I have put my conclusion, based on all the things written by both, in the description of the officer, but I know who I believe.  

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
What is your basis (0.00 / 0)
for concluding that the officer has anger issues?  What you may not realize is that your willingness to choose sides on the basis of extrinsic evidence (ie, the parties involved) without knowing all of the facts is the same impulse that permits racism to fester in our society.  You cannot decry others reaching conclusions on the basis of extrinsic factors (eg, race) without hearing the evidence if you are willing to do the same to others.  It's of no import that you think you are motivated by what is right.

[ Parent ]
I admitted this in my post you criticize (0.00 / 0)
Yes I did that.

When you hear hoofbeats, there is no point really, unless you are in the Serengeti, to imagine and postulate Zebras. It is possible that the Professor did something so horrible that he had to be arrested for causing a public disturbance in his own house.

This old man, this learned man, this professor at Harvard, was so flipped out, that he needed not calming down, not answers to his questions, not reasonable respect because  there was an error, two men in suits carrying luggage into a house, who provide explanation and identification and keys are not robbing a house, that he needed to be taken 'downtown' and treated this way.

It was an assault, you think because the cop said so, that there may have been some reason for this assault, I don't know why you think that that is possible, but I do not.


--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
I commented solely (0.00 / 0)
on your conclusion that the officer has anger issues.  I did not defend what happened on that day.  I know from experience that police react very aggressively to shows of "disrespect" and do not condone it at all.  I note in your response that you also engage in class-based differentiations.  Of course, this learned professor is entitled to the benefit of every doubt on the basis of his status.  I found your whole approach to the parties troubling.

[ Parent ]
Authority Issues (4.00 / 3)

Yesterday I watched Professor Michael Eric Dyson discuss the racial implications of this particular event. He said something to the effect of, "do you think they'd have done this if Professor Gates was white?" My answer is, in a word, "yes."
 On October 30, 1999 I was at an outdoor concert event to raise money for the Humane Society in Birmingham, Alabama. This was a family event. I was standing on the front row with my girl friend watching the band, when along came a Birmingham Police Officer shoving an otherwise peaceful crowd. He passed us by and then turned around and came back and knocked my girlfriend to the ground for no reason whatsoever. I stepped between the two of them and asked him what the problem was. When I went to read his badge number he shot me in the face with pepper spray. He then ran away. We started back toward our car so I could go wash off the spray. I was then set upon by several Birmingham police who brought me to the ground, began beating me and spraying me some more. I was then falsely arrested under the pretext that they claimed that I was ordered to leave and failed to comply. They further claimed that I was behaving in a "loud and boistrous" manner, which I wasn't. As they asked me for information, I inquired if I was under arrest. I was told that I was. I asked to have my rights read to me and was told, "you don't have any f%*king rights." I'm a white male and at that time I was 35 years old. This behavior was not racially motivated, but was based on me having the simple audacity to ask the officer what his issue was and requesting his badge number. This is an issue of police behaving as if their authority is greated than the public trust that they have been sworn to uphold. It is not acceptable and I believe that this behavior is largely responsible for the higher rates of crime that Birmingham has experienced. People don't want to call the police or have them involved.

More a problem of rankism (0.00 / 0)
than racism. The cop out-ranks you and your girl friend, so no explanation is needed for his actions. The issue is compounded by your lack of celebrity. You don't rank high enough to get the attention of the M$M, or some VIP's.

I mean, if this were not "Skip" Gates and he were not an Ivy League professor, do you think we'd be hearing about this incident?

"It sounds wrong...
     ...but its right."


[ Parent ]
Rankism (0.00 / 0)
Exactly.  I think this is where racism potentially comes into play.  There are some people the police officer would assume out rank him.  Put a rich white guy in the Gates situation and it is very likely the result is different even if the rich white guy acts the same way.

As alamantra points out, you don't have to be black for police to treat you this way.  You can be a DFH, for example.  Or hell, almost anyone other than the selected few that the police officer feels outranks him.  By being black, Gates was virtually guaranteed he didn't fall into this special category.


[ Parent ]
Unless you have support to back your contention (0.00 / 0)
I would have to disagree.  The PO may respond differently to one who expressly exhibits power (ie, by dress, location, automobile), but if that same person is in street clothes or otherwise identifiable, I would bet he would receive the same treatment.  Furthermore, some cops are resentful of anyone questioning their authority, regardless of class standing.

[ Parent ]
We aren't disagreeing (0.00 / 0)
but if that same person is in street clothes or otherwise identifiable, I would bet he would receive the same treatment

Absolutely.  I'm talking about the appearance of rank, just like you are.  My claim, not backed up at all, is race contributes to that appearance.


[ Parent ]
Those are entirly different situations. Gates was (0.00 / 0)
in his own home.  

[ Parent ]
And with proof! (0.00 / 0)
Why would a Harvard professor do anything like what is being described? There is a obvious nature to the truth here. You can see the event playing out. There is very little that is hard to understand.

A woman, honourably, tried to prevent a possible break-in, called the police, who found the man who identifies himself as a professor who lived there, but felt he had not been respected, so he punished him by arresting him.

Nothing else happened. There is no other part of this story there is only excuses for racism. and a childish need of too many police officers for people to show them frightened obeisances. This not a healthy thing for police to have.

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
I've been cited for "Failure to show proper deference to authority" (4.00 / 1)
I was driving back to my laboratory to do some very short procedures at about 3:30 AM. A short-cut to the lab is through a neighborhood known for drug-dealing and prostitution and I took the short-cut. We're talking narrow side-streets with cars parked on both sides. As I'm driving, some joker is coming towards me with their bright lights blaring. I'm practically blinded, so I flash my brights using the universal signal to, please, dim your brights. Of course, the on-coming car doesn't dim their lights, and as they pass me, I see that its a squad car. They turn around, pull me over, and approach the car. I never saw the face of the cop because the entire time they shone their flash-light in my face throughout. I could tell it was a woman from her voice, but had no chance to read her badge number or name. They asked for ID and insurance, I had both. She asks what business a white man has in this neighborhood at this hour. So I began to explain. She cuts me off and says she did not ask where I worked, but what I was doing in this neighborhood. I explain that I go through this neighborhood pretty much every day, being a short cut to work and all. She tells me to find another route next time, then asks why I flashed my lights at a cop car? I explained that, due to the blinding glare of her brights, I couldn't tell it was a cop car. "Look son, there's only two kind of cars here at this time: cops and criminals. Criminals don't call attention to themselves". I point out that I'm in that neighborhood at this hour and I'm neither a cop nor a criminal. "That remains to be seen."

I get the citation. Its for $150. So, I go to traffic court to fight the fine. I tell the judge that I feel as though I did show the proper deference because I did not know the on-coming car was an "authority". Judge laughed and told me I was an idealist. Cut the fine in half and told me to pay up. I started to object. Judge said, "the next thing I'm going to say is that you should be arrested for contempt. Do you want to spend 2 days in jail? I paid my fine. Lacking celebrity I had no other recourse.



"It sounds wrong...
     ...but its right."


You weren't in your own home...nt (0.00 / 0)


[ Parent ]
So what? (4.00 / 1)
I'm not a professor at Columbia, either.


"It sounds wrong...
     ...but its right."


[ Parent ]
If you're not cop (4.00 / 1)
you're little people.

It is as if they are trained to be abusive parents. (0.00 / 0)
I have seen this behaviour with angry abusive parents and their children. They honestly cannot see that they are losing it and that screaming and hitting children isnt right. They are "thier children" they "didn't listen!!!!" "they were bad!!" and if confronted they get much much angrier. In fact I had discussions about how to handle them in public because if they are told they are over the top, and not handling the situation well, they get angrier and take their children home and may take out even more anger on their children.

Just as this Officer did, even after he found out the Professor lived there, and the "sea of police on the porch" just went along.  

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
Here's an example of cops not being dicks (4.00 / 1)
These a problem, some people aren't wearing helmets on their bikes, in countries that have socialist medicine that's a problem, not just because it causes a mess on the street, what with brains and all, but the riders have to spend time in the hospital and be fixed up. So a policy of mandatory helmets is made, here is some enforcement under said socialamatazz system with tyranny and all.

On the topic of "if he just followed orders" the officer was trying to arrest him. He couldn't avoid being arrested by being arrested.

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


Odds are it was both. (4.00 / 1)
For American authority figures any perceived sign of weakness, or poverty, or slight deviations from norm, be it attire, a bumper sticker (I was nearly arrested for a Clinton bumper sticker on my brand new truck in a Luby's cafeteria parking lot in Texas in '91. Had I been black I am certain I would have spent the afternoon in jail),  out of town plates and so on. All of these things are criminal in an authoritarians mind.

But there is nothing more criminal than dark skin in America, north, south, east, or west.


Funny (0.00 / 0)
I was just discussing with a Canadian friend how both of us make sure to be in business attire when going through US customs.  

[ Parent ]
Which way? (0.00 / 0)


--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
To America especially (0.00 / 0)
but actually I make it a point no matter where I'm travelling. Customs officers have a lot of power.  Even if it's a beach vacation, wear business clothes on the plane to and from, if nowhere else.

[ Parent ]
Getting into Canada is a lot easier, staying is hard. (0.00 / 0)
And the customs people dont have the sweeping power that US customs guards do.

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
i am white (0.00 / 0)
and i am afraid of the police, especially white police, i don't have the same concerns about police of color mainly because i believe those police know they don't have the same latitude in dealing with the public, the man won't tolerate it, the white man i mean. i have no record and have never been in trouble but i'm not naive enough to think that the police i mention aren't a danger to any citizen especially those of color if the situation arises.
i go by the theory of them and us, why, because that is the mantra the police use in their dealings with citizens and non citizens, protect and serve sounds nice but it has a hollow ring to me and others in america, as it should.  

Obama actually nailed this (4.00 / 2)
Obama said that whether the motivations of the cop were racist or not, his decision to drag Gates into the station on a disorderly charge was stupid. However, the fact of a long history of cops profiling blacks calls the cop who arrested Gates and any other cop who acts similarly into question.  This socially corrosive reality must be addressed by rethinking police procedure. This seems spot on to me, and I was surprised, frankly, at Obama's candor.  

That being said, cops get trained to brook no argument and can and do use seemingly any excuse to detain any "suspect" regardless of social background.  Whether or not the cop was a racist, this incident should be used to start a discussion about a larger point of unchecked police power, as it's totally provable in this situation beyond a shadow of a doubt.  

But that won't happen, unfortunately, because commentators will obsess about the "first black president" commenting on "race".  Nowhere is anyone questioning the general problem of police power.  Everywhere, whether CNN, NYT or FOX, all everyone talks about is "race, race, race." That the victim is Skip Gates, he of the creepy penchant for establishing African "blood authenticity," will only exacerbate this problem.    

Can any thoughtful person wonder why Obama doesn't talk about race more often when the entire Washington press corps uses it to reduce complex social problems about power and identity to problems of simple interpersonal racism?


It's Racism (4.00 / 1)
Just why do you think that American police are so different from Canadian ones?

It all goes back to race.

And I'm not just talking ancient history here.  See, for example, Christian Patenti's Lockdown America: Police and Prisons in the Age of Crisis, which argues that the prison-industrial complex is the product of a deliberate shift from social & economic cooption pre-1973 to repression thereafter.  It was a shift in class (war) relations, but one that was clearly linked to breakdown in legal barriers to black advancement.  And so a new fortress had to be constructed.

See, also, his description of SWAT forces and the spectacle of occupation.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


What you're talking about (0.00 / 0)
and what MSM commentators blather endlessly about are as different as the global financial crisis and price gouging in a convenient store: institutional racism as a tool to achieve larger social, political and economic ends versus the personal prejudices of a single cop.  

[ Parent ]
But (4.00 / 1)
The very act of defining racism as the personal prejudices of a single cop is itself an integral part of the racist system.

Just one aspect of this:  It makes no difference whatsoever to Gates what the inner life of the cop may be.  All that matters is how he was treated--the impact.  But for the Chris Matthews of the world, it's all about the cop's feelings, his intentions, and thus we have yet another example where the discussion is all about the white subject, and objective reality melts away into nothingness.

Meanwhile, we're reminded that it's those people who can't be rational.

Right!

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
I'm not sure what you think you're disagreeing with me about (4.00 / 1)
I agree with what you say, only that the analysis can't end with race and racism as causes or ends in themselves.    

Institutional racism is a tool to achieve ends that go well beyond oppressing minorities, so I tend to think propositions like "it all goes back to race" and "racist system" obscure more than they reveal.  


[ Parent ]
Yes racism is just a form of stopping us all from working together, (0.00 / 0)
by saying "lets you and him fight."  

--

The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky


[ Parent ]
I can sympathize with Gates. (4.00 / 1)
In January I was attacked with a snow shovel by the mother.  I called the cops, who came out and threatened me with arrest on "whatever" charge they "pull out" because when one said the situation was ridiculous, I said, "you're right officer, it is ridiculous."  My "crime" was not keeping my mouth shut.  Fortunately, I knew the weakness shared by all cops: I was not intimidated, and I refused to be intimidated.  I knew my rights, and I knew how to talk to cops so that they had no legitimate reason to arrest me.  Most of all, I knew to give the cops the impression that, knowing what my rights are, I would not be content to accept a guilty plea even in the event they did arrest me - that I would fight it out in court to the bitter end.

The problem in this country is that too much power has been ceded to the executive authorities; we give unto them the powers of kings and tyrants, and we show fear; we do as we're told; we're trained from very early on to obey authority, to defer to it at all times; and when we see it abused, our training causes most of us to back down and let it slide.  We don't know our rights, and we accept restrictions on the expression thereof.  That's why, when we make sick jokes masked as attempts at protest, we allow ourselves to be herded into concrete and steel corrals from which the powerful are safely out of sight and hearing.  We no longer have the capacity for how to react to abuses of power by those who wield it.



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