Black caucus had
key role on seat belt bill
By MIA
BUTLER 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. |