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Life at the Bottom of the Legal Food Chain

JoeinAustin

JoeinAustin
Location
Austin, Travis, Rep. of Tex.
Birthday
March 05
Bio
Born in the oil and gas deposit-rich region of North Texas, on the fraying edge of the Permian Basin, my mother was a special ed teacher, my father, a “pumper,” a far more glamorous job among the petroletariat than the name would indicate. I managed to escape the small town that spawned me promptly after High School graduation, a modicum of sanity still intact to ride shotgun with my generous portions of anger and resentment. Some five years later, I copped a BS degree from the University of Texas at Austin. Said institution and I gladly parted ways. In the intervening 20-plus years, though my only ambition has been to have ambition, I have miraculously coughed-up a boatload of freelance articles, a couple of books of dubious merit, and a metric ton of songs of occasionally inspired quality, not to mention a paralegal certificate, 11 years of experience as a legal underling, and tens of thousands of bicycle commuter miles.

OCTOBER 26, 2009 8:35PM

Dallas Cops Ticket Drivers for Not Speaking English

Rate: 2 Flag

Okay... Before everyone starts screaming "Racist Dallas Cops!" and "Racist Backward Texans!" as you yankees are want to do at the merest screw-up of one of my fellow Texans, let's get one thing straight:

Pursuant to Federal Law, you must be able to "... read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language..." in order to drive a vehicle in the United States ......................... of the commercial variety, that is.................. you know, big trucks and stuff like that. See, Federal Motor Carrier Safety Adminsration Rules and Regulations Sec. 391.11(b)(2).

So, over the past few years, some confused Dallas coppers have reportedly handed out  39 tickets to drivers of everyday passenger vehicles for not speaking the English language sufficiently during traffic stops. Why?

Because they hate Hispanics?

Because they want to punish illegal immigrants?

No.

Blame the drop down menu.

You see, there are these drop-down menus of various offenses on patrol car computer screens used to complete the department's electronically printed tickets. The offense of "Not speaking English" appears along with all the other state offenses like "45 in a 30 zone", etc., without indicating that the offense relates to commercial vehicles only. The strange thing is that the department does not even enforce said federal regulations. So my question is, "Where did they get the software?" Perhaps it's time for an upgrade. Is this some sinister Silicon Valley plot to get back at Texas for taking away so many of its jobs?

Still, some people are howling for blood.

"It sounds like a policy. Discrimination on the basis of language ability, and that's targeting Latinos, and so that sounds pretty serious to me," George Martinez of the SMU School of Law told the Dallas Morning News.

"The issue has nothing to do with whether people should learn English or not. I believe they should. It's about not following the law and issuing citations against a law that doesn't exist, against a fairly voiceless and helpless population," stated Domingo Garcia, the attorney for one of those ticketed for the offense.

Yes, it's much ado about a drop-down menu. Still, it's sad that some DPD officers, and their supervisors who must approve all tickets, did not catch the error. Back to class officers!!!

The debacle has been quite an embarrassment for a city and state where where more than 40% of its residents are of Hispanic heritage. Ooops. The fine levied against those passenger vehicle drivers who could not speak English was a hefty $204. According to DPD Chief, David Kunkle, the department is currently tracking down those who paid the fine so a refund can be made.

Those crying "racism" and "racial profiling" have obviously never worked in a big bureaucracy like the Police Department of a large city. This is not a case of institutionalized racism. It's something rampant in a lot of large government entities: institutional incompetence. Good one, Big D!

Read the DMN story.

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Comments

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I must add that institutional incompetence is not unusual in big private concerns, too!!
So your point is partly that Texans are not prone to discriminate against Latinos? I don't see a lot of evidence for that in the post. Still, this is a good solid apologium. Rated.
the thing that made this come to surface was a woman complaining last week about getting this kind of ticket. the officer was a rookie. however, the chain of command, including his partner/trainer, the sargeant, the watch commander should have seen this and stopped it right away...that it's been going on for a long time is also indicative of inattention or negligence by line officers who should have known better.

Additionally, wtf is up the the judicial system that has processed this offense numerous times without calling it into question.

lots of unanswered questions here. you may be right that there is more stupidity and incompetence than racism...but I wouldn't completely rule out racism/profiling either.

thanks Joe
Hey BBD and Dave. I first heard about this on BBC and they made it sound like some sort of crackdown on illegal immigrants in Tejas. Luckily the DMN set the record straight. Yes BBD, I am a bit concerned that the judiciary did not catch the mistake, either. Sloppy work all around - not that I have not been guilty of being sloppy in the case of routine, repetitive work myself. What shocks me is that Big D does not have a Hispanic chief. It's coming. And to praise Big D-- despite the racial strife that often hits the City Council there - it's come a long way since the 60's. It went blue in 2008, and ya gotta love Ron Kirk, if for no other reason, his style.
Oh yeah.. Like Austin, Houston, and a lot of other Texas cities, Dallas is a sanctuary city where the local cops refrain from getting involved in immigration affairs.
Having grown up in Texas I know that Spanish-speaking immigrants have been part of the landscape for some time, so I agree with you that this is due more to incompetence than racism.

I'm pretty hard on Texas, so I'm not giving those cops in Dallas a pass. After all, it was there that the black NFL player was not allowed to see his dying mother-in-law by a police officer. I'm sure that's not on the drop-down menu.