Progeny executive director Marquetta Atkins expressed her satisfaction with the settlement of the Wichita gang list lawsuit, considering it a positive step forward. She shared her thoughts during an interview at the Progeny office in Wichita on April 17, 2023.
The Wichita City Council has reached an agreement to pay $625,000 in order to settle a lawsuit concerning the police department’s utilization of a “gang list.” This list, which has been in use for decades, allowed officers to target and harass young Black and Latino residents based on factors such as their place of residence, attendance at funerals, clothing choices, hand gestures, or tattoos.
The city has already invested a significant amount of money in legal fees to defend the use of the gang list. This legal battle began in 2021 when the American Civil Liberties Union of Kansas and Kansas Appleseed filed a lawsuit against the city on behalf of Progeny, a youth advocacy group. Progeny aims to prevent the unnecessary incarceration of young individuals and improve the state’s juvenile incarceration system.
Advocacy groups have accused the Wichita police of using the gang list to target and discriminate against Black and Latino residents, even without substantial criminal evidence.
The case was settled on Tuesday with a unanimous 7-0 vote from the Wichita City Council.
Marquetta Atkins, the executive director of Progeny, emphasized the long-standing damage and systemic disadvantages that have been inflicted upon Black and Brown communities. She acknowledged that these communities have endured generations of harm, and the effects of this mistreatment persist today. Atkins highlighted the need for healing, emphasizing that the occurrence of a single event will not automatically resolve the deep-rooted issues faced by these communities.
“But,” she added, “consider it as a step in the marathon towards achieving that goal.”
According to the ACLU’s analysis of 2022 data, the gang list in Wichita is disproportionately composed of Black and Latino residents. Black residents, who make up only 7.5% of the city’s population, account for more than 50% of the individuals on the list. Similarly, Latino residents, who represent 14.1% of Wichita’s population, make up almost 30% of those on the gang list. In contrast, white residents, who constitute 68% of the city’s population, account for only 6% of individuals on the list.
People found themselves on the list without any prior notification or chance to dispute the classification. Consequently, they became subject to heightened police surveillance and unwarranted harassment, leading to reputational harm, the loss of housing and employment prospects, and various other forms of damage. Individuals who were already convicted of a crime bore the brunt of this unjust system, enduring elevated bond amounts, stricter probation and parole conditions, and prolonged sentences.
Tuesday’s settlement has implemented stricter criteria for the Department to utilize when placing individuals on the gang list. Additionally, it has introduced a review process to thoroughly evaluate whether individuals should indeed be included on the list. Moreover, a public accountability process has been established, enabling individuals to access information about their inclusion on the list and contest their placement if necessary.
The city has agreed to settle the claims made by the plaintiffs in the class action lawsuit by providing a sum of $550,000. This amount will not only compensate the plaintiffs but also cover their legal expenses. Additionally, the city will allocate $75,000 to hire a “special master” who will ensure third-party oversight of the list for a period of three years.
According to Teresa Woody, the litigation director for Kansas Appleseed, the agreement is expected to lead to a significant 60% decrease in the number of individuals on the list right away.
Before the settlement on Tuesday, the Wichita police had the authority to place individuals on a list based on a wide range of criteria. This included associating with known criminal street gang members and visiting places or neighborhoods that were deemed “gang associated” by the police. Importantly, there was no requirement for individuals to have committed, been charged with, or even suspected of a criminal offense to be included on the list.
Police officers were instructed to identify gangs based on certain criteria. This included tracking individuals who lived in areas known for gang activity and observing specific hand symbols, gestures, and tattoos. They were also trained to look for other indicators such as bandanas, jackets, hair beads, weaves, extensions, and other common clothing and fashion choices.
According to Kunyu Ching, a staff attorney for the ACLU of Kansas, the police practices in question are both unconstitutional and egregious.
According to Ching, one of the most glaring examples of this is how individuals are being added or re-added to gang lists simply for attending funerals of their loved ones. He believes that this is an extremely unfair practice as it penalizes people based on their family and social connections.
Under the new policy, police officers are required to witness an individual accompanying known gang members on at least two occasions while participating in criminal street gang activity in order to add them to the list. Additionally, the officer must provide a rationale for their belief that the person was involved in criminal activity. It is important to note that events such as funerals, weddings, family celebrations, concerts or sporting events, educational gatherings, or religious or political assemblies cannot automatically be assumed to be criminal street gang activities.
Atkins and her team at Progeny, led by youth, have been advocating for reform for several years.
Atkins expressed her concern about the impact of the police actions on the Wichita community. She shared an incident involving her son, a high-achieving student, who was on his way home from school during a lunch break. During his walk, a police officer approached him and inquired about his gang affiliation.
During another incident, a young member of Progeny coordinated his hat with his T-shirt, catching the attention of a police officer. The officer approached him and inquired if he was affiliated with a gang.
According to Atkins, the act of matching your clothes should not automatically label you as a gang member. Attending an event, visiting a family member, or residing in a particular community should not carry the assumption of gang affiliation. Such stereotypes can be detrimental to our children’s well-being and mental health. Atkins expresses satisfaction with the implementation of measures to address this issue.
Wichita settles lawsuit over police use of discriminatory ‘gang list’ for $625K
The city of Wichita has agreed to pay $625,000 to settle a lawsuit related to the police department’s use of a discriminatory ‘gang list’. The settlement follows allegations that the list disproportionately targeted individuals from minority communities.
The lawsuit, filed by the American Civil Liberties Union (ACLU) of Kansas, claimed that the police department’s gang list violated the constitutional rights of those included on the list. The list, which was used to identify individuals believed to be affiliated with gangs, was found to be based on flawed criteria and lacked proper oversight.
As part of the settlement, Wichita has agreed to implement reforms within the police department to address the concerns raised by the lawsuit. These reforms include the development of new policies and procedures for creating and maintaining a gang list, as well as training for officers on the proper use of the list.
The settlement is seen as a step toward addressing the systemic issues of racial bias and discrimination within the Wichita Police Department. It highlights the importance of ensuring that law enforcement practices are fair and equitable for all members of the community.
In a statement, the ACLU of Kansas expressed hope that the settlement would serve as a catalyst for change and lead to a more just and accountable police department in Wichita. The organization emphasized the need to address the underlying issues that gave rise to the discriminatory practices in the first place.
The settlement serves as a reminder of the ongoing work that is needed to combat racial bias and discrimination in policing. It underscores the importance of holding law enforcement agencies accountable for their actions and working toward creating a more just and equitable criminal justice system.
