NEWARK, NJ—Despite a ban on racial profiling in policing in New Jersey, the New Jersey Supreme Court ruled in January that law enforcement cannot stop people because of their race, ethnicity or gender, overturning the conviction of two Black men accused of robbing a 7-Eleven in 2011. The incident highlights the issue of racial profiling in law enforcement. Yet, when it comes to how law enforcement encounters Black and Brown people, most attention lingers on the aftermath instead of how tragedies and injustices begin.

“It’s usually the tragedy outcomes of these things that we focus on and concentrate on all the time,” said attorney Cynthia Hardaway at a press conference on June 1. “But I think that we need to start at the beginning. And concentrate on how this happened in the first place. And a lot of times, it is racial profiling. It’s illegal.”

Hardaway is currently working on getting 30-year-old Justin Rodwell released from jail as he awaits a trial date. The Newark police brought several charges against Rodwell, including resisting arrest and aggravated assault against a police officer. However, he and his three brothers—also charged but released—say they were targeted and attacked by undercover police officers because of their race.

“This is a fight not only for my son. This is a fight for everyone,” said Monique Rodwell. “We have to stand up. We gotta stop sitting down. We gotta stand up and speak out. We gotta be heard.”

The pretrial judge in Rodwell’s case, Michael Ravin, recognized racial profiling as a viable argument for trial, a significant step for the defense and what Richard Robinson, the chairman of the Newark-NAACP, calls a “step in the right direction, to rectify all the problems regarding racial profiling.”

However, much like the supreme court ruling, it doesn’t make any substantial changes that prevent or bar racial bias from happening, addressing it as unconstitutional.

“This is the reason why there’s a definite need for the Civilian Complaint Review Board,” said Robinson. “We can look at matters regarding police misconduct. [The Rodwell case] has misconduct written all over it.”

Although a Civilian Complaint Review Board (CCRB) already exists in Newark, New Jersey, it has limited authority, meaning no subpoena power or ability to investigate matters under investigation by a police department’s internal affairs division. Legislation enacted at the state level is needed to change that.

A Civilian Complaint Review Board bill with subpoena power (S2295) has yet to be passed. This bill would enable towns to establish boards that can review and investigate the operations and conduct of law enforcement officers and subpoena witnesses and documentary evidence. They can also recommend policies and discipline for officers in line with civil service laws and contractual agreements.

Lawrence Hamm, the chairman of the People’s Organization for Progress (POP), said that while the second anniversary of George Floyd’s murder has passed, “the most outstanding thing that we can say in the two years is that very little has happened in the way of police reform.”

It was the second anniversary of Floyd’s murder and that of Maurice Gordon, an unarmed Black motorist who was shot and killed just two days before Floyd by a white New Jersey State Trooper during a traffic stop on the Garden State Parkway. In May, a state grand jury declined to file criminal charges against the trooper.

The New Jersey State Police has a long history of racial profiling and discrimination. State troopers routinely used racial profiling in the 1980s and 1990s, and recent data shows that Black and Hispanic drivers are stopped, ticketed and subjected to use of force at higher rates than white drivers.

“The whole world was mobilized behind the death of George Floyd,” Hamm said. “Here in Newark and other cities, many elected officials marched with us. They, in fact, were on the front of the line, marching with us. Elected officials, police chiefs, and to the credit of these legislatures, they did introduce legislation.”

Several police-reform bills have passed this year. One establishes a voluntary registry of residents with special needs (S769), so first responders can properly address emergencies involving people with special needs. Another will include cultural diversity and implicit bias training in basic training for law enforcement (S2072), but several other notable reform bills have been stalled.

Although members of the Legislative Black Caucus plan to push for the CCRB bill with subpoena power, New Jersey still hasn’t banned the use of chokeholds by police (S265) and eliminated qualified immunity for law enforcement officers (S3730).

“I mean, right now, it’s literally one person holding up the legislation, and that is the speaker of the assembly. The New Jersey State Legislature General Assembly Speaker [Craig Coughlin]” said Hamm.

For a bill to become law, it must pass by a majority vote in the General Assembly and the Senate, two houses that make up the New Jersey State Legislature, before it's sent to the governor for final approval.

The General Assembly Speaker and President of the Senate choose which committee the bill is referred to for amendments and whether it will be put on the agenda for their respective houses to consider. This means Nicholas Scutari (LD-22), who was elected Senate president in January, has the power to bring police reform bills forward for a vote as well.

“People have given a lot of excuses. But I think it’s inexcusable that two years after the death of George Floyd, we’re standing here talking about a young man that was racially profiled when racial profiling is unconstitutional,” Hamm added. “This is probably one of the most dangerous periods I have seen in my lifetime. And if people don’t get involved now, you think you’ve got problems now, wait, it can only get worse.”

Hamm encouraged people to join an organization working for justice, such as the NAACP or POP, or form their own if they don’t like the ones they see. Beyond supporting Rodwell by filling the courtroom on June 9 at the Essex County Veterans Courthouse, Hamm said people could call their legislatures, write letters and emails and even set up visits to get the legislation passed.

“You want to ensure that residents, not just in Newark, but in the state of New Jersey, are protected,” Robinson said. “So as Chairman Hamm just mentioned, please, bring those bills to the floor, pass them, and you will have a better society.”