Jaywalking: A Pretext for Racial Profiling
By Darius Spearman (africanelements)
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Understanding Racial Profiling
Racial Profiling: This refers to the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual's race, ethnicity, religion, or national origin. It is a form of systemic discrimination that undermines trust between communities and law enforcement.
The Origins of Jaywalking Laws
Jaywalking laws, often presented as measures to ensure pedestrian safety, have a complex history deeply intertwined with the rise of the automobile industry. These laws were not always in place; before cars became widespread, streets were shared spaces where pedestrians, horse-drawn carriages, and early automobiles coexisted without strict rules about where people could walk. However, as the automobile industry grew, there was a push to redefine streets primarily for vehicular traffic. This shift led to the creation of terms like “jaywalking,” which was initially a derogatory term used to shame pedestrians who crossed streets outside designated areas or against traffic signals.
The concept of “walking while Black” laws, for instance, first emerged in California in 1925. These laws were framed as safety measures, but they were heavily lobbied for by the automobile industry (reckon.news). The industry's influence helped shape public perception and legislation, encouraging drivers to be more aggressive toward pedestrians and leading third parties to ignore or excuse pedestrian deaths (reckon.news). This historical context reveals that jaywalking laws were not genuinely associated with traffic safety but rather served to promote the dominance of automobiles on public roads. In addition, they have been criticized for their disproportionate enforcement against people of color (reckon.news).
Disproportionate Enforcement
The enforcement of minor infractions like jaywalking has become a significant concern, particularly within Black and brown communities. Police enforcement of these laws disproportionately targets Black individuals, raising serious questions about racial profiling and pretextual stops. For example, in 2023, approximately 92% of all jaywalking citations issued by the New York City police were given to Black or Latino people (reckon.news). This pattern is not unique to New York City. In Ferguson, Missouri, 95% of those charged with jaywalking were Black, even though Black individuals comprised only two-thirds of the population (washingtonpost.com).
These statistics highlight a troubling trend where jaywalking laws are used as a pretext to stop Black and brown individuals (reckon.news). Police officers have even used jaywalking ordinances to retaliate against civilians, primarily Black individuals, whom they felt were being disrespectful (washingtonpost.com). This strategy of making a high volume of stops for minor infractions, especially in Black neighborhoods, places a heavy burden on innocent people and can lead to feelings of racial targeting and harassment (injusticewatch.org). In one alarming instance, an Oklahoma Black man was hit by a patrol car during a jaywalking arrest, with police claiming they were monitoring violent crimes and drug offenses in the area and marking jaywalkers as potential suspects (theroot.com). Such incidents underscore the severe consequences of these seemingly minor infractions.
Jaywalking Citations by Race in NYC (2023)
Pretextual Stops and Their Impact
Traffic stops, including those for minor infractions like jaywalking, are increasingly used as a pretext for other investigations. This policing strategy disproportionately affects Black drivers and pedestrians. For instance, Chicago police make millions of traffic stops while searching for guns, a tactic that burdens innocent people (injusticewatch.org). The disproportionate targeting of Black and brown individuals for jaywalking suggests that these minor infractions are used as a means to police and control these communities (bloustein.rutgers.edu). This can lead to an escalating series of fines and fees, and in some cases, even violence (bloomberg.com).
A study revealed that Michigan State Police stop Black drivers at a higher rate, and Black drivers are more likely to be stopped during the day when their race is observable (mlive.com). This suggests that inadequate policies and a lack of oversight, rather than widespread discriminatory practices, likely contribute to the disproportionate number of Black drivers stopped by Michigan State Police (mlive.com). The practice of using minor infractions as a pretext for broader investigations creates a climate of fear and distrust, particularly in communities of color. It also diverts police resources from addressing more serious crimes, while simultaneously eroding public confidence in law enforcement.
Understanding Pretextual Stops
Pretextual Stop: This occurs when a law enforcement officer stops a vehicle or pedestrian for a minor traffic infraction or ordinance violation, but the real purpose of the stop is to investigate a more serious crime for which the officer lacks reasonable suspicion or probable cause. These stops are often criticized for their potential to facilitate racial profiling and disproportionately affect minority communities.
The “Walking While Black” Phenomenon
The term “walking while Black” has become a shorthand to describe the reality that Black individuals are routinely targeted by police for simply existing in public spaces, often under the guise of minor infractions like jaywalking (bloomberg.com). This phenomenon is not merely anecdotal; it is supported by compelling data from various cities across the United States. For instance, Sacramento’s Black residents are five times more likely to receive a jaywalking citation than their non-Black neighbors (newrepublic.com). Similarly, Seattle police issued 28% of jaywalking citations from 2010 to 2016 to Black pedestrians, who constitute only 7% of the city’s population (newrepublic.com). An investigation in Jacksonville also uncovered egregious disparities in pedestrian citations, with Black residents being disproportionately cited (newrepublic.com).
These disparities suggest that enforcement priorities keep communities of color “in check” (cityandstateny.com). The consequences of these stops can range from an escalating series of fines and fees to violent confrontations (bloomberg.com). The narrative of “accountability” often used by officers during these encounters rings hollow when the officers themselves are standing in the street, violating the same ordinances they accuse others of breaking. This selective enforcement undermines the credibility of law enforcement and perpetuates a cycle of mistrust between police and the communities they are sworn to protect. It also highlights how seemingly innocuous laws can be weaponized to control and harass specific populations.
The Broader Implications
The disproportionate enforcement of jaywalking laws and other minor infractions has far-reaching implications beyond individual citations. It contributes to a system where Black and brown individuals are subjected to constant surveillance and harassment, impacting their daily lives and sense of safety. The focus on minor violations as a pretext for broader investigations diverts valuable police resources from addressing more serious crimes, which could genuinely improve public safety. Instead, it creates a policing environment that prioritizes control over community well-being.
Furthermore, the financial burden of fines and fees associated with these citations can be substantial, particularly for individuals already facing economic hardship. While the immediate impact might seem minor, these accumulating costs can lead to significant financial strain, potentially trapping individuals in a cycle of debt and legal trouble. The psychological toll of being constantly targeted and subjected to arbitrary stops also cannot be overstated. It fosters a sense of injustice and alienation, making it difficult for communities to trust and cooperate with law enforcement. This erosion of trust ultimately hinders effective policing and community partnerships, creating a less safe environment for everyone.
Racial Disparities in Jaywalking Enforcement
The Path Forward
Addressing the issues surrounding jaywalking laws and their enforcement requires a multifaceted approach. First, there needs to be a reevaluation of the purpose of these laws. If they are not genuinely associated with traffic safety, as evidence suggests, then their continued existence as a tool for disproportionate enforcement must be questioned. Policy reforms are necessary to limit the ability of law enforcement to use minor infractions as pretexts for broader investigations, particularly when such practices lead to racial profiling. This could involve clearer guidelines for police conduct and increased oversight to ensure accountability.
Furthermore, there is a need to explore alternative approaches to pedestrian safety and community policing that do not rely on punitive measures like jaywalking citations. This could include investing in infrastructure that promotes safer pedestrian crossings, implementing educational campaigns, and fostering community-led initiatives that build trust rather than erode it. By shifting the focus from enforcement to genuine safety and community engagement, we can create public spaces that are truly safe and equitable for all, rather than perpetuating historical injustices through outdated and selectively enforced laws.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
