"......America had essentially decided to start moving back in time, formally pushing back
against the civil rights era. Garner's death and the great distances that were traveled to
protect his killer, now stand as testaments to America's pathological desire to avoid equal
treatment under the law for its black population."
-Matt Taibbi... 'I Can't Breathe: A Killing on Bay Street'
In Matt Taibbi's book, 'The Divide: American Injustice in the Age of the Wealth Gap', he delved into the subject of economic inequality in the United States and how this vast gap in wealth has resulted in the mass incarceration of poor, mainly black and brown people... but a far different justice system exists for the wealthy. In this book, 'I Can't Breathe: A Killing on Bay Street', he digs deeper into this topic through one particular man's tragic story, one that became not only a national symbol of so much that has gone wrong in a terribly divided country; but one that has become a rallying cry of sorts for a social justice movement. That rallying cry and the title of the book come from the last words spoken by 43-year-old Eric Garner as he lay dying, facedown on Bay Street in Staten Island, New York on July 17, 2014.
At the time, the killing of Eric Garner was the latest of many stories of the deaths of black men which occurred during arrests or while in police custody. As with the majority of these cases, public opinion and opinions offered in the media seemed to split: some viewed Garner's death as a clear case of ongoing police harassment and brutality; while others offered the opinion that if Garner had complied with police commands and had not resisted arrest, the tragedy could have been avoided. Mr Taibbi takes this divide, which seems to be a constant in American society and uses it as a starting point for an in-depth investigation.. not only of Eric Garner's life and death and how the justice system functioned (or didn't function) in response to his death; but also to examine the societal conditions which led to this moment.
In part, this is a book which brings Eric Garner to life. Through extensive interviews with Garner's family, friends and people who lived in his neighborhood, Matt Taibbi presents Eric Garner not as a victim or even a candidate for sainthood but as an imperfect human being.. a man who was a son, husband and father who, when faced with limited choices in his life, sometimes made bad decisions. But he was also a man who was described and funny and mild-mannered and had an excellent ability to perform mathematical computations and store these numbers in his memory, which proved to be beneficial for his business (his 'street hustle'). Garner married his wife Esaw, a woman a bit older than he was, when he was barely more than a teenager and instantly became a father to her two children. Garner had old-fashioned values regarding the roles of men and women and believed he should be the family's sole breadwinner. After attempting to work a series of odd jobs but unable to make ends meet, Eric Garner began a side hustle of selling crack cocaine, which led to the first of his subsequent 30 arrests in the mid-1990s.
Garner spent many years in and out of jail for selling crack and this took a toll not only on his family, as they were forced to move from place to place due to their lack of income; but these years also took a toll on Garner's health. At 6'2" and weighing more than 350 pounds, he struggled with obesity, sleep apnea, severe allergies and diabetes. It was just as he realized that continuing his pattern of getting arrested for selling drugs was not going to work for him or his family that Mayor Michael Bloomberg, in an effort to patch a giant hole in New York City's budget, decided to raise taxes on cigarettes by 1800%. Viewing this new tax as a business opportunity, Eric Garner hired a couple of people to travel to Virginia to purchase cartons of cigarettes which were sold much more cheaply. He then stood on the corner in his Staten Island neighborhood and sold untaxed cigarettes ("looseys")... 2 cigarettes for $1. He made the calculation that a misdemeanor charge and fine for selling looseys was better for his family and himself than felony charges and jail time for selling crack. Unfortunately for Garner, his thinking proved to be a terrible miscalculation. While he had been spending time behind bars, policing had changed in New York City and ultimately, he would become one of the victims if this new policing policy.
Over the years, as I've read about the many cases of police shootings and police brutality, one question was always in the back of my mind. How did we get to this point? Matt Taibbi attempts to answer this question. He proposes that to understand any trend occurring in society, we must look to the past. To understand the relationship between police and people residing in impoverished neighborhoods, Mr. Taibbi begins in the 1960s, which was a time of social unrest, violence and a struggle for change. The 1960s brought the Civil rights Act and the Voting Rights Act but it also brought racial tensions and riots and also Vietnam War-inspired protests. This chaos and turmoil alarmed and frightened middle class America and they began clamoring for a return to order.
In the United States, up until this chaotic period in the 1960s and 70s, the primary role of policing was considered to be patrolling the streets and investigating crimes after they had been committed. It was widely believed that crime occurred because of specific social problems.. poverty, racism and social injustice. Because only widespread societal changes could alter these facts, the police were incapable of doing anything other than investigating crimes when and where they occurred. In other words, police were enforcers of the law. But a couple of things happened during this time period which changed the role of police and how they would interact with the citizenry. The first was a Supreme Court case. In 1968, Terry v Ohio was argued before the Supreme Court. The case centered around a Cleveland police officer named Martin McFadden who, while on patrol, observed two black men... John Terry and Richard Chilton... standing in front of a department store on a street corner. These men were joined by a white man named Carl Katz. Officer McFadden thoughts they looked suspicious. after approaching and questioning the men, he ended up searching them and discovered that two of them had weapons. The question before the court was: Did McFadden have the right to question and physically search these men based only on his suspicion that they might be planning to commit a crime? Although the Supreme Court in 1968... the court of Chief Justice Earl Warren... had been known for expanding civil liberties, its ruling in Terry v Ohio broke with that tradition. The Terry decision basically said that police searches would rest on the judgment of police officers. Police could stop and question anyone they chose if they had a 'reasonable suspicion' that a crime was going to be committed. The decision stated: "Under the Fourth Amendment the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probably cause to arrest if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed and presently dangerous."
The second change that impacted policing and the power granted to police developed from a sociological theory. George Kelling, a former Minneapolis police officer and social worker, became instrumental in developing new theories about policing. Kelling came to the conclusion that policing needed to be expanded from simply enforcing the law to 'maintaining order'. Kellling, along with Harvard professor James Wilson, decided to collaborate and write an article for 'Atlantic' magazine in 1982. They called their theory "broken windows" and it stated that "if a window in a building is broken and left unrepaired, all the rest of the windows will soon be broken." In other words, Kelling and Wilson believed that order in a society could be maintained only if the EXTERNAL symbols of disorder were eliminated. The only way to achieve this was to bestow on police virtually limitless power. They needed to possess the power to enforce not only the written laws but also the unwritten , unspoken laws in society... societal expectations.
What I found most bizarre and maddening about the eagerness with which politicians and police officials embraced this "broken windows" theory was their obliviousness to all the ways this theory could go wrong when translated into practice in the 'real' world. Kelling himself clearly stated that he was aware that giving the police unlimited power to enforce those societal expectations could be misused. He wrote about his own personal experiences.... "I'd already been exposed in South Boston, for instance, to people whose idea of 'maintaining order' was keeping the black people out of their neighborhoods." And yet, despite the obvious problems 'broken windows' presented. it WAS widely embraced by police departments across the country.
When applied directly to what happened to Eric Garner, one additional factor must be considered and that is the adoption of statistics as an incentive or a goal-setting strategy in policing. In New York specifically, Bill Bratton took over command of the city's police department and he was a fan of both 'broken windows' and statistics. He began a process of setting up 'goals' or numerical targets for each of the city's police precincts to meet. This new style of policing .... referred to in many communities as 'quality-of-life' or 'zero tolerance' ... was highly interventionist and focused on visible symbols of disorder, such as the vaguely defined ' blocking pedestrian access' ( standing on the street), vagrancy, making 'furtive' movements or 'obstructing government administration'... all essentially meaningless when attempting to define legally. Theoretically, this 'quality-of-life' policing would depend on officers' use of discretion, knowing when to arrest a person and when it would be more appropriate to work out a solution to the problem. In reality, what was occurring was the police, under pressure to meet statistical goals, were rounding up people without using much discretion at all.
This new method of policing quickly demonstrated how dramatically the number of stops and searches were increasing. In New York City at the height of the program, more than 680,000 people were stopped and searched; and more troubling, although blacks and hispanics make up only about half of the population, they made up 80-90% of the searches. Mr. Taibbi writes... "Ultimately, the fatal flaw of broken windows was its ignorance of history... To the black people who were its most frequent targets, the real-life, non-theoretical version of the program instantly evoked overtly racist policing programs from the past.... ".
Regardless of one's opinion on the confrontation that occurred between Eric Garner and police officers Daniel Pantaleo and Justin Damico; and whether or not one agrees with the sociological theory which led to quality-of-life policing, it seems clear that Eric Garner was far more than a single black man who decided he had had enough of what his community considered persistent police harassment. Eric Garner, a real flesh-and-blood man, also became a symbol and carried upon his shoulders the weight of history... a history of a country and a society that has seemed unwilling or unable to deal with its racist past.