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| Baltimore cameras (Photo: Afro American) |
The position camps loosely resemble the traditional political lines of left and right but are overlaid by race, dog-whistles, and an increasing realization that history is in direct conflict with most of the country's proclaimed ideals. Even when it comes to the most banal cases of infractions and how to enforce every day rules of life about littering, loitering, red light running and speeding, the divisions show up and bring into focus the lack of effectiveness and fairness in local governance.
In the view that explains dysfunction with the history of class and race the causes are systemic and there is no quick fix. In that view the perpetrators of the minor infractions are the real victims. Enforcement, therefore becomes part of the problem instead of a solution. Councilman Bill Henry encapsulated this view in an editorial this week by saying that "Baltimore can't police itself out of its problems".
We're asking the police to do an impossible job. For decades now, we have largely abdicated our collective responsibility in the raising of the next generation. As a result, the unpalatable truth is that we already have more criminals than we will ever be able to effectively police (Councilman Bill Henry)There is tons of research and data that supports the view that law enforcement has historically been deeply skewed and that even the rules themselves were ever applied to the advantage of those who had the privilege in the first place.
Minorities are gravely over-represented in every stage of the criminal process—from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. Eric Luna, Duke University JournalThe other position camp is not even necessarily denying those insights, but says something needs to be done now. Under the title "enough is enough" Councilman Eric Costello is quoted in the same SUN paper in which Mr Henry's editorial appeared. He was walking his district with citizens who live in the so-called "white L" and was joined by police Commissioner Davis:
This type of violence from juveniles is absolutely unacceptable there needs to be consequences for this type of behavior and they need to be held accountable (Councilman Eric Costello)Current data on crime in Baltimore prove that more and more people are affected by crime on all levels and that calling for urgency is not simply a result of hype but a need felt by many residents across race and class boundaries.
For simplicity I will call these two camps the explainers and the enforcers. I won't consider the city bashers, racists and "told you so" people which often participate in the debate from some distant suburban places by throwing gross generalizations around. The rift between explainers and enforcers is complicated enough to describe even if one assumes that both camps love Baltimore and are genuinely interested in solutions.
Maybe the discussion about quality of life nuisances and how to best combat them is more illuminating and easier than the bigger debate about murder and mayhem.
For a small example consider some of the arguments around the new Baltimore $250 fines for parking in bus stops and bike lanes one can see piling up on the Baltimore Voters Facebook page where the conflicting arguments go somewhat like this:
- The city is just out for the money, these are hidden taxes and the city should get its act together instead of fining its remaining residents
- Fines that high are regressive and impossible to be paid by the poor and are just another expression of an oppressive system with systemic racism which is criminalizing the poor
- These fines are totally avoidable if people just follow the rules which is the whole point
- If you do the crime, you do the fine. Anything else is chaos and anarchy
- Why should everybody else suffer because a single person wants to conveniently park?
Each time Baltimore enacts any system of enforcement on whatever level, these same sets of arguments are used in the public debate that follows. Arguments are spiced up with colorful language and sometimes enriched with data, occasionally with fragments of theories and ideologies from social and behavioral sciences.
Often overlooked in the generalizations and the 30,000 foot discussions, though, is how much they miss of what matters in the everyday life of people, no matter what class, race, age or gender. In other words, in spite of systemic racism, inequality and injustices there is much more that unites urban residents across all those boundaries than is usually given credit.
Racial bias isn't necessarily about how a person views himself in terms of race, but how he views others in terms of race, particularly in different roles throughout his everyday life. And systemic racism, which has been part of the US since its founding, can corrupt anyone's view of minorities in America. (German Lopez, Vox)Even the debate about a traffic fine is no small matter if one considers that Baltimore's sky high murder rate is frequently explained with this impasse between explainers and enforcers. The case is further complicated by ever new disclosures of infractions by the very ones whose job it is to enforce. Once an entire system threatens to loose its legitimacy, we are in trouble, indeed, from murder down to the lowest level of quality of life infractions.
Often overlooked in the generalizations and the 30,000 foot discussions, though, is how much they miss of what matters in the everyday life of people, no matter what class, race, age or gender. In other words, in spite of systemic racism, inequality and injustices there is much more that unites urban residents across all those boundaries than is usually given credit.
It isn't easy to be critical about the city one loves without getting applause from the wrong side. But anybody who occasionally travels to other cities in the US or abroad can easily see that Baltimore is a city where a lot more doesn't work than in many other places, both in terms of the non functioning of simple services.and in terms of violations of simple rules and laws which are broken with impunity and high frequency
Buses coming routinely late, utilities breaking in rapid succession, communication getting lost, traffic signals failing to coordinate, water bills being faulty, public housing falling apart, inclusionary zoning not being enforced, roads being paved and then dug up again, all this and more is part of daily Baltimore experience because public agencies don't have the tools, the information or the morale to effectively do anything about it. None of this is unique to Baltimore, but it appears to be especially prevalent here.
Walking, biking or driving through our city on any given day at any given time will provide ample evidence of everyday quality of life infraction as well. People dropping their styrofoam drink or food boxes whenever they are finished eating out of them, sometimes by opening a car door at a red light and simply dropping the items into the street. People setting out trash on the wrong day or in bags instead of the mandated bins. Drivers holding their phones in their hands like a walkie-talkie, running into pedestrians on crosswalks, running red lights, turning where turning is prohibited and giving the finger to anybody who shows a sign of disapproval. Buses, City trucks and even police don't signal, drive without headlights in the rain or run red lights as well. Many people staggering along high on drugs, selling illegal items or services down to illegal hack rides all in plain daylight, just as walking into the street to cross anytime and anywhere seemingly without regard to even their own life are all familiar occurrences. So are parking in the second row or in the no stopping zones, using bike lanes or bus stops as personal valet stations, driving block after block on the red bus lane, all this is common enough to be taken as normal. The list is endless and everyone moving around in Baltimore can tell their own story. Many examples comes from the street because the public space is most visible, but dysfunction certainly does not end there. None of these things are uniquely Baltimore either, but again they are encountered in a uniquely relentless manner here.
Buses coming routinely late, utilities breaking in rapid succession, communication getting lost, traffic signals failing to coordinate, water bills being faulty, public housing falling apart, inclusionary zoning not being enforced, roads being paved and then dug up again, all this and more is part of daily Baltimore experience because public agencies don't have the tools, the information or the morale to effectively do anything about it. None of this is unique to Baltimore, but it appears to be especially prevalent here.
Walking, biking or driving through our city on any given day at any given time will provide ample evidence of everyday quality of life infraction as well. People dropping their styrofoam drink or food boxes whenever they are finished eating out of them, sometimes by opening a car door at a red light and simply dropping the items into the street. People setting out trash on the wrong day or in bags instead of the mandated bins. Drivers holding their phones in their hands like a walkie-talkie, running into pedestrians on crosswalks, running red lights, turning where turning is prohibited and giving the finger to anybody who shows a sign of disapproval. Buses, City trucks and even police don't signal, drive without headlights in the rain or run red lights as well. Many people staggering along high on drugs, selling illegal items or services down to illegal hack rides all in plain daylight, just as walking into the street to cross anytime and anywhere seemingly without regard to even their own life are all familiar occurrences. So are parking in the second row or in the no stopping zones, using bike lanes or bus stops as personal valet stations, driving block after block on the red bus lane, all this is common enough to be taken as normal. The list is endless and everyone moving around in Baltimore can tell their own story. Many examples comes from the street because the public space is most visible, but dysfunction certainly does not end there. None of these things are uniquely Baltimore either, but again they are encountered in a uniquely relentless manner here.
Some will say that these are typical worries of those who have the luxury of being bothered by minor stuff like that probably because they are afraid of losing their privilege. Indeed, many Baltimoreans have much more existential concerns and quality of life issues seem like a mere distraction. Together with the argument that rules and regulations are largely representations of white privilege, these objections are not only conversation stoppers, they also don't show a way forward. In effect, they accept these conditions because nothing than an entirely new system would be fair or just. The view that only a revolution can help was also dear to many who marched in the streets of the 1968 revolts here and in Europe. Today those revolutionaries are no longer waiting because all the alternative models they had aspired to have since collapsed.
Is the incompetence on the side of those in charge of running the city and their failure of making the city work like a well oiled machine a result of systemic racism or merely incompetence? To what extent are the missing resources the result of a bigger system that doesn't function well? As in the case of enforcement making things worse, one can quickly see vicious cycles with seemingly no way out. But maybe the hopelessness comes from circular logic instead of a vicious cycle?
Enforcers argue that higher expectations and enforcement of higher standards can and will break vicious cycles on both sides, governance and infractions and can bring a city back from the brink. They have New York as a powerful example. The explainers quickly point to the discredited "broken windows theory"and its legacy of thousands of mostly African American young man languishing in prisons. Certainly not a desirable, ethical or sustainable outcome. But isn't there the possibility that the broken window "theory" is correct on some level and that just its implementation was wrong?
Is the incompetence on the side of those in charge of running the city and their failure of making the city work like a well oiled machine a result of systemic racism or merely incompetence? To what extent are the missing resources the result of a bigger system that doesn't function well? As in the case of enforcement making things worse, one can quickly see vicious cycles with seemingly no way out. But maybe the hopelessness comes from circular logic instead of a vicious cycle?
Enforcers argue that higher expectations and enforcement of higher standards can and will break vicious cycles on both sides, governance and infractions and can bring a city back from the brink. They have New York as a powerful example. The explainers quickly point to the discredited "broken windows theory"and its legacy of thousands of mostly African American young man languishing in prisons. Certainly not a desirable, ethical or sustainable outcome. But isn't there the possibility that the broken window "theory" is correct on some level and that just its implementation was wrong?
The conundrum of incompetence and infraction and the conflicting arguments reasoning of explainers and enforcers comes head to head when discussing law enforcement. How can police enforce the law fairly if officers are badly trained or too little motivated? But law enforcement is also a place of consensus. Everyone wants a functional and fair police. Explainers and enforcers alike assume that officers are responsible for their actions and able to freely decide the very responsibility enforcers assign to all citizens.
Neither social theory nor libertarian individualism will solve the problem. Simply explaining the chain of events that led to the place we find ourselves today does not provide a solution neither short term solution and not even longterm. Real life doesn't stand still and it is more complicated than the theories suggest. Asking anyone living or conducting business in the city to put up with all the dysfunction until a better society emerges is not really an option. The need for guidance for the here and now is where a consensus needs to emerge.
A good beginning for an emerging consensus is the expectation of better governance, for police and other services such as housing or transportation. There is hardly anybody who wouldn't agree that there is plenty of room for improvement.
A good beginning for an emerging consensus is the expectation of better governance, for police and other services such as housing or transportation. There is hardly anybody who wouldn't agree that there is plenty of room for improvement.
Finally, back to fines and enforcement: New York in the 1970's and 80's was a place full of grime, crime and dysfunction. The New York turnaround proves that a vicious cycle can be broken and turned into a virtuous one with increased agency competence and enforcement of even smaller infractions, regardless who commits them. Enforcement of law actually becomes easier when it begins on the small scale where trust must be built.
The dichotomy between the simplified hypothetical groups of enforcers and explainers can have a very robust bridge in the vast majority of people, whether rich or poor, whether of color or white which does not break laws, does not even commit the small infractions, let alone the big ones. Those who blatantly flaunt the rules of social behavior are a small minority and they victimize foremost exactly the weak and the disenfranchised which the explainers purport to defend. This is why the actual working citizens even in poor neighborhoods have little tolerance for the perpetrators who make their daily life miserable even if they may not trust police or officials either. The core of the broken windows theory is not to incarcerate thousands but to intervene early to prevent bigger crimes. Applying the same theory to agency competence was famously done by Mayor Schaefer in his hunt for potholes. In Schafer's pothole theory the pothole and how quickly it gets fixed stands as a symbol for how effective government is just as the broken window is a symbol of dysfunction that shouldn't be ignored.
The dichotomy between the simplified hypothetical groups of enforcers and explainers can have a very robust bridge in the vast majority of people, whether rich or poor, whether of color or white which does not break laws, does not even commit the small infractions, let alone the big ones. Those who blatantly flaunt the rules of social behavior are a small minority and they victimize foremost exactly the weak and the disenfranchised which the explainers purport to defend. This is why the actual working citizens even in poor neighborhoods have little tolerance for the perpetrators who make their daily life miserable even if they may not trust police or officials either. The core of the broken windows theory is not to incarcerate thousands but to intervene early to prevent bigger crimes. Applying the same theory to agency competence was famously done by Mayor Schaefer in his hunt for potholes. In Schafer's pothole theory the pothole and how quickly it gets fixed stands as a symbol for how effective government is just as the broken window is a symbol of dysfunction that shouldn't be ignored.
The privileged in South Baltimore may make more noise about quality-of-life crime, but is the the person without a car that has to walk from the bus stop to a house sitting amidst boarded up shells and piles of trash who is most affected by incompetence in governance and the few without regard for their safety and well being. That is why, in spite of distrust in a largely dysfunctional police force, residents in disinvested communities still ask for more police presence and cops walking the streets.
Enforcement and the big systemic remedies are not mutually exclusive. Bill Henry rightly points out that spending more on police than schools doesn't make sense. The broken window theory properly applied must go beyond fixing potholes or windows or pursuing nuisance infractions of young men in the streets. Early intervention is cheaper and more effective than the attempt of a late "cure" but it still needs resources and tools that are sorely missing, for example a supportive instead of a punitive juvenile justice system. Increased enforcement of competent and effective governance would begin to target the minor infractions of public employees which cause the services to be so poor to begin with. The healthy public works employee or the bus driver calling in sick, the police officer working three jobs, the principal "fixing" grades all need to be held accountable because they enable low expectations and drag everybody down.
The result of such properly administered enforcement and early intervention would free resources currently wasted in one of America's largest police forces and in so many cases where the left hand doesn't know what the right one is doing. MTA administrator Quinn offered an example when he spoke to City Council this week. He said that the agency has 765 buses and 1345 operators. Subpar service can be explained with too many buses are out of service and 20% absenteeism among operators, almost double the industry standard. This doesn't mean that it is the operators fault that MTA's Link doesn't work, but it could mean that a system run without accountability creates low morale and poor outcomes. Similar problems can be found in the police force with, according to Bill Henry, similar sick rates.
Non performance and non enforcement come together in our examples case of the $250 fines for parking or driving in bus or bike designated spaces. In its quagmire of outdated technology and lack of urgency the city has not managed to get its fine codes update to actually charge the law requires. An ironic outcome which should please neither explainers nor enforcers.
Enforcement and the big systemic remedies are not mutually exclusive. Bill Henry rightly points out that spending more on police than schools doesn't make sense. The broken window theory properly applied must go beyond fixing potholes or windows or pursuing nuisance infractions of young men in the streets. Early intervention is cheaper and more effective than the attempt of a late "cure" but it still needs resources and tools that are sorely missing, for example a supportive instead of a punitive juvenile justice system. Increased enforcement of competent and effective governance would begin to target the minor infractions of public employees which cause the services to be so poor to begin with. The healthy public works employee or the bus driver calling in sick, the police officer working three jobs, the principal "fixing" grades all need to be held accountable because they enable low expectations and drag everybody down.
The result of such properly administered enforcement and early intervention would free resources currently wasted in one of America's largest police forces and in so many cases where the left hand doesn't know what the right one is doing. MTA administrator Quinn offered an example when he spoke to City Council this week. He said that the agency has 765 buses and 1345 operators. Subpar service can be explained with too many buses are out of service and 20% absenteeism among operators, almost double the industry standard. This doesn't mean that it is the operators fault that MTA's Link doesn't work, but it could mean that a system run without accountability creates low morale and poor outcomes. Similar problems can be found in the police force with, according to Bill Henry, similar sick rates.
Non performance and non enforcement come together in our examples case of the $250 fines for parking or driving in bus or bike designated spaces. In its quagmire of outdated technology and lack of urgency the city has not managed to get its fine codes update to actually charge the law requires. An ironic outcome which should please neither explainers nor enforcers.
Letting non-performance and non compliance slide is not a sign of tolerance or of being progressive. A culture of low expectations and non accountability will drag down a class, a school, a department and eventually an entire city. Importantly, it will not result in empowerment or social justice. That is why Baltimore City schools, Baltimore City agencies, Baltimore police, Baltimore Community College, Baltimore HBCUs and Baltimore residents don't need the excuses provided by the explainers enabling them not to perform. Instead all need to to be held accountable and measured by only the highest expectations of compliance and competency. It is in this way that enforcers and explainers need to come together and break the vicious cycles.
Klaus Philipsen, FAIA
Klaus Philipsen, FAIA
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