Posted on Thu, Jul. 28, 2005


Black caucus had key role on seat belt bill


Guest columnist

Much has been written about the pros and cons of a stronger seat belt law. Whether or not you agree with its merits, primary enforcement is the law in South Carolina and will go into effect within the next six months.

Police officers can then stop a vehicle if a driver or passenger is unbuckled and charge each a fine of $25. Officers no longer have to stop a driver for another infraction before issuing a ticket for a seat belt violation.

On the surface, that may not seem like a major difference, but for South Carolina’s Legislative Black Caucus, it was pivotal. Why? “Biased-based profiling,” as it is known in law enforcement, is a more inclusive phrase for “racial profiling,” and yes, it is a recognized form of harassment in South Carolina and many other states.

Law enforcement has developed and implemented training programs and curricula to help reduce such incidents in our state. But for many black caucus members who believe their constituents are stopped, detained and even searched without cause, training alone wasn’t enough. In fact, the notion that this bill would give law enforcement even greater discretion and enforcement authority with regard to traffic stops almost proved to be the fatal blow to primary enforcement as we knew it.

As proponents and opponents alike began to buckle up for what promised to be a bumpy ride, the fate of primary enforcement seemed uncertain, at best. So how did this issue of racial profiling turn the bill’s previous supporters into opponents, and what would it take to gain back their support without losing the support of other Republicans and Democrats who might not have understood why this issue was so critical?

As the bill slowly made its way through the Senate and on to the House, concerns about racial profiling began to mount. Among black caucus members, the impact that this could have on African-Americans quickly became the focal point. It was obvious that the support of the black caucus was dwindling, and without it, the bill had little (if any) chance of passing.

Statistics indicate that African-Americans are disproportionately affected with regard to unbelted traffic-related injuries and deaths. Because safety concerns remained paramount, caucus members began to explore additional safeguards that could be utilized to track and eliminate racial profiling, as well as to educate and promote awareness among African-Americans about the importance of seat belt usage.

Critics looked at how the bill had evolved with the caucus’ proposed amendments and predicted the demise of primary enforcement legislation again this year. Heated debates and tireless efforts to reach a compromise became a part of the day-to-day regimen of legislators on both sides of the aisle who wanted to see it become law in South Carolina this session.

And though I believe the black caucus has been unjustly criticized in years past, the fact that primary enforcement is law — and racial profiling was addressed head-on — is a testament to its leadership and solidarity. Because of the caucus’ efforts, the law now requires data collection and tracking with regard to each stop, along with educational provisions aimed at those who are affected disproportionately.

No legislation is foolproof, particularly when it comes to being fairly and justly enforced. But what a difference the black caucus has made, not only in lowering the risk of incidents of racial profiling, but in saving countless lives through education and awareness.

The caucus should be commended for its foresight and unwavering commitment to ensure that all South Carolinians are safer on our roads and highways, and that ultimately, accountability and fairness are the basis for each stop.

Ms. Butler is a lobbyist employed by McLeod Butler & Co. During the session, she lobbied on behalf of the seat belt bill’s passage.





© 2005 The State and wire service sources. All Rights Reserved.
http://www.thestate.com