By SCOTT HENSON
The saga that began with the notorious Tulia drug stings in 1999
took two dramatic turns earlier this month: A federal judge in Waco ruled that an ACLU lawsuit alleging racial profiling by
a drug task force in Hearne can go forward next month; and the Harris County Organized Crime and Narcotics Task Force announced
it would shut its doors after May 31.
The Harris County task force is funded through the same federal grant
program that paid for the Tulia and Hearne task forces, and it has a similar structure and mission. Though it covers Harris
and Fort Bend counties, neither of Harris County's biggest agencies - the Houston Police Department or the Harris County Sheriff's
Office - contribute personnel to the task force. Instead, the task force is operated by the Baytown Police Department, which
has a history of excessive-force controversies ranging from the beating death of Louis Torres to recent charges by Amnesty
International of excessive Tasering.
Federal funding cuts caused the governor's office to pull the plug on
the task force. But of the task forces, it was a prime candidate because of feuding among area agencies and arguments over
money.
Even in its death throes, Baytown City Council voted to shut it down
early so they would not have to share $2 million in forfeiture cash with other jurisdictions.
In a way, Harris and Fort Bend residents got off light. While this drug
task force has had its share of foolish incidents - they mistook hibiscus for marijuana when raiding an area home last year
- they never had to pay out millions in settlements like counties in the Tulia litigation. Others may not be so lucky.
A Waco federal magistrate judge ruled recently that the ACLU's civil
rights litigation stemming from a drug task force case in Hearne may proceed to trial.
As in Tulia, innocent people were accused and the task force's investigation
seemed to target the black community almost exclusively.
Plaintiffs have repeatedly offered competent evidence that African-Americans
were targeted on the basis of race, the judge ruled. Moreover, "Plaintiffs' specific allegations and summary judgment evidence
concerning ... the coercion of [task force snitch Derrick] Megress raise material factual disputes that, if proven, would
far surpass the bounds of negligence."
The governor's decision removes the risk of similar litigation causing
Harris and Fort Bend residents to be liable for actions of the Baytown police. The Harris County task force's demise is a
fact, and at this point the righteousness of the decision needn't be debated. Instead, Harris and Fort Bend officials should
focus on making sure both counties receive federal grant money to finance drug courts and expanded probation services.
Harris County and the city of Houston, in particular, could also apply
to spend federal grant money to upgrade their much-criticized crime labs, which apparently have problems in every area from
ballistics to DNA to basic bookkeeping. The federal grant money going to this task force was poorly spent by comparison to
these more urgent needs.
Although 86 percent of Texas federal dollars known as Byrne grants go
to pay for them, drug task forces no longer serve Austin, San Antonio, Dallas, Fort Worth, Laredo, El Paso, Abilene, Denton,
Lubbock or Amarillo, and now Harris and Fort Bend counties.
Meanwhile, the Texas Legislature still may get rid of the drug task force
system this session. Texas drug task forces are a proven failure. It is time for the state to shift federal grant funds to
other, more productive strategies before the money is taken away entirely.
Henson directs the American Civil Liberties Union of Texas'
Police Accountability Project.
