To: NFL Commissioner Paul Tagliabue

From: John B. Smith

Re: Racial Profiling at the Georgia World Congress Center

Date: January 17, 1999

Sir:

Attached is an official complaint regarding racial profiling, harassment, intimidation, retaliation and discrimination, I attempted to file my complaint with the Georgia World Congress Center (GWCC) office of Security. Chief of Security Allen Davis has not return calls requesting information about procedures for filing such a complaint. This incident reflects attitudes toward minorities in general and blacks in particular. Traditionally, African American contractors subcontract through white companies, if one does business with the GWCC, Philipps Arena, CNN Center or Georgia Dome. Consequently, filing this complaint will probably result in my being blackballed. These "good old boys" do not "cotton" to troublemakers. Reading the attachment, one recognizes the catch-22 I face. Threats and intimidation, another white tradition, reduce competition for contracts. I am contracted at GWCC for the "NFL Experience" beginning January 23, 2000. Lt. Marston=s threat restricts my access and interferes with my ability to fulfill my contractual obligations. Such intimidation interferes with my right to "life, liberty and property" granted by the U.S. Constitution.

An anathema to Americans, racial profiling is a serious problem for African American males; an individual's Constitutional rights do not protect one in such situations. Routinely, police violate black citizens' rights and nothing is done. Not a black/white issue, black policemen violate black citizens' rights as readily as white officers. John Franklin Brown was chased down and beaten to death by a black Atlanta police officer on January 5, 2000. He ran from a rooming house. Even if Brown committed some misdemeanor, it did not carry the "death penalty." Such incidents breed fear of police officers of any type. In the South, most African American males take threats issued by police and security personnel very seriously.

Lt. Marston=s threat, "And if I see you in the building again, I will do the same thing," reflected an air of impunity. In a city where John Rocker is a hero and Governor Roy Barnes favors keeping the Confederate battle emblem a part of Georgia's flag, need I underscore my concern? I contacted longtime civil rights advocate Mr. Ozell Sutton, Regional Director U.S. Department of Justice, Community Relations Service, for help. Unfortunately, Mr. Sutton was rudely rebuffed. Great restraint on my part prevented things from getting out of hand. Next time, diplomacy and compromise may not suffice. What will be the outcome of that encounter? Will going to jail satisfy Lt. Marston, or will I need to be taught a lesson to make sure I get his point? If I survive the lesson, when and where will I make a living and provide for my family? These are crucial issues preventing me from servicing my contract during the ANFL Experience." Therefore, I request the services of your good offices to assist in this matter.

Allow me to thank you in advance for your timely assistance in eradicating this problem. I await your prompt response. Respectfully, John Burl Smith

 Plaintiff alleges that on January 11, 2000 at approximately 8:00 P. M. Georgia World Congress Center (GWCC) security officers Lt. Wayne Marston and L. W. Furlong violated Plaintiff=s civil rights by racially profiling and stopping him. The GWCC policy of profiling discriminated against him as a member of the profiled group. Moreover, as a targeted individual, he was singled out harassed, intimidated and threatened with retaliation if he resisted. Consequently, his egress was impeded. His access to gainful employment has been limited. GWCC security prevented Plaintiff from exiting the building and detained him for approximately forty-five minutes against his will. GWCC=s profiling treated Plaintiff disparately by demanding information from him, they were not seeking from all who left the building. As a condition for avoiding arrest, GWCC officers forced Plaintiff to divulge information they had no right to demand. GWCC officers ran a driver's license check on Plaintiff license even though he was not operating a vehicle or suspected of having committed a crime. Plaintiff was threatened with continued harassment, if he is ever seen again by Lt. Marston in the GWCC. Harassing, detaining and discriminating against Plaintiff, GWCC officers, Marston and Furlong violated U.S. Civil Rights Law, 42 U.S.C.'' 1981. 1981a, 1983, 1988 and the Civil Rights Act of 1964, 42 U.S.C. Chapter 21, Title VII (See EEOC v. Murphy Motor Freight Line, 488 F. Supp. 381 (D. Minn. 1980).

Harassment based on any prohibited basis is a violation of Title VII. EEOC defines harassment as Verbal or physical conduct that (1) has the purpose or effect of creating an intimidating, hostile or offensive working environment; (2) has the purpose or effect of unreasonably interfering with an individual's work performance; (3) otherwise adversely affects an individual's employment opportunities." As a minority contractor, GWCC security officers Marston and Furlong created a very intimidating, hostile and offensive work environment at the GWCC for Plaintiff. Accosting him without reason, demanding information and threatening Plaintiff with incarceration, if he did not surrender such, magnified Marston=s final threat as Plaintiff departed. If I see you in the building again, I will do the same thing." This threat established Marston's hostile intent and represented an ongoing threat to Plaintiff. Based on plaintiff's experience with law enforcement, this situation has a high probability of being life threatening. Adversely affecting Plaintiff=s employment opportunities and his inability to perform his trade to make a living, GWCC security officers blatant harassment, as well as disparate treatment, meets the stringent requirement of Hicks v. Gates Rubber Co., 833 F. 2^nd 1406 (10^th Cir., 1987).

GWCC security officers Marston and Furlong interfered with and prevented Plaintiff from leaving the GWCC. Detaining Plaintiff for approximately forty-five minutes is tantamount to false imprisonment. Moreover, GWCC security violated Plaintiff's Fifth and Fourteenth Amendment rights repeatedly. The Fifth Amendment expressly prohibits depriving an individual of "life, liberty, or property" without due process of law. Further, it explicitly guarantees that each individual receives equal protection under the law. The Fourteenth Amendment explicitly prohibits states or their agencies from violating an individual's right to due process and equal protection. These statues protect individuals from retaliation when they exercise those rights. Due process and equal protection guarantee equal access and require probable cause before an individual can be required to submit to questioning, provide information or be detained. Clearly, GWCC security officers failed to recognize Plaintiff's Constitutional rights and accord him appropriate protection.

GWCC's security use of racial profiling to single out particular individuals to stop, question and require information, without any evidence of a crime, violates the U.S. Civil Rights Laws, 42 U.S.C.'' 1981, 1981a, 1983, 1988 and the Civil Rights Act of 1964, 42 U.S.C. Chapter 21. Plaintiff was threatened repeatedly with jail, if he resisted GWCC's security officer's efforts, which violated Plaintiff's rights. Even though he had done nothing, plaintiff was not allowed to leave the GWCC. The reasons given for GWCC security's action were Plaintiff either "fit a profile" or "did not fit a profile." Security officers clearly violated Plaintiff's civil rights by using characteristics of a particular racial group to single him out. The GWCC security procedures are arbitrary, capricious and disparate. GWCC=s policies discriminate and set up certain individuals for harassment and retaliation by profiling their racial group.

At approximately 8:00 P.M. January 11, 2000, I was leaving a job in Hall-H at the Georgia World Congress Center. A minority contractor, this was a sub- gig through a white owned firm. The job was for Coca-Cola: Ignition 2000. As I walked down a corridor leading to the front exit, a voice from behind me asked, AMay I help you?@ Startled, I turned to find a security guard addressing me. ADo I look like I need help?@ I inquired. AYou look like you fit the profile of a suspicious person.@ He forthrightly stated, while trying to obstruct my path. Sidestepping his pincer with a column, I inquired, AWhat profile?@ Lurching as though he planned to reach for me, he said AFollow me up stairs and we can talk about it.@ Making sure my arm was fully out of his grasp, I shot back, AI am not following you any place. I am on my way home.@

Not looking back, I continued toward the front exit. My son had not yet arrived to pick me up when I reached the front door. While looking for Yohannes, I noticed two police types standing by a patrol car. Putting my backpack down and turning around, I was surprised to see one of the officers from outside now standing behind me. AWaiting for someone?@ He inquired looking directly at me. Still very irritated by the first encounter with a security guard, I answered AYes.@ Stepping closer, he asked AGot any identification?@ Objecting, I asked, AWhy do I need identification?@ He responded, ABell South is having a big function in the building and you don=t fit the profile.@ At that point, the rub went raw, AWhat profile?@ AYou don=t look like someone attending that function.@ He growled. AYou=re right. I am not coming from Bell South. I am just leaving a job." I offered curtly. Who was the job with?" He continued prying. AP.A.W.," I answered. "Why? @ I wanted to know. AP.A.W. (Production Art Workshop, Inc.) has identification passes." He challenged. A They do, but I don't." I confirmed. "You got on a P.A.W. shirt." He continued. I decided to challenge him. "You are the second security guard to stop me on my way out of this building. All these other "god-damn" people walking around here and no one is bothering them. Why the hell are you bothering me?" AI didn't curse you, if you curse me again, I will arrest you for disorderly conduct." His aggressiveness showed, as he moved even closer. Leaning back in the seat I said, AI did not curse you." "You said god-damn," he pointed out. "God damn is not cursing, so what are you really trying to set up." I interjected. Growing weary of this "cat and mouse game" of violating my Constitutional rights. I asked, "Why do I need to show you anything? Why don't I just leave as I was trying to do before you stopped me?"

At this point, the other office from outside entered accompanied by another officer. Without introducing himself, he interrupted. "What do you want from him?" "Some kind of ID," the first officer answered. "Got some I D? He asked standing over me. This scene became all too familiar. Going back to a gas station in Memphis, Tennessee in 1967, where police arrived in answer to my distress call regarding a white thief. Then a naive Vietnam veteran, I really believed police enforced the law. Badly brutalized in jail and the thief on the street with my property, even I awoke. Many times, whites have big events and do not want to see blacks, so the police conduct round ups or like those Freaknik crackdowns in Atlanta, where police profile young blacks for harassment. Here I am, enduring the specter of a fifty-six years-old business man being told in order to leave a building, AI am a police officer and I will arrest you, if you don't show me some type of ID."

The second officer was a lieutenant; therefore, one would expect some knowledge of civil rights and the need to respect and protect citizens' rights. However, this was not the case. He was even more belligerent than the first. I said, "I'm leaving a job in Hall-H. I am a contractor with P.A.W." "You don't look like you work for P.A.W," I volunteered. AI have worked for P.A.W. here off and on since about May." I tried to complete my thought. APAW hasn't been in this building since May." He interrupted again. I asked, "Are you calling me a lie?" "I guess I am, and I want to see some ID," he repeated. "I'm on my way out of the building. So, why do I have to show you anything to get out?" I asked. He grew very red in the face and said, "You're going to show me some ID before you leave this building, or I am going to arrest you." I compared my situation with other people walking by without badges and no one stopped them. I asked again, "What is this profile you are using to single out who gets stopped, while other people go unmolested?" "Call it what you want; I don't want to hear it. If you open your mouth one more time, I will arrest you." Asserted the lieutenant, knowing, I had no rights white men are bound to respect, I did not test his resolve. I understood he had no authority to demand anything from me in order for me to leave the build, but I did not want to prolong this encounter. I gave him my driver's license. He took it and radioed someone to check my license. After he received a reply, he returned it. I asked once more about the profile used to justify harassing me. They refused to answer. However, the lieutenant said, "And if I see you in this building again, I will do the same thing." With that, I asked for their names. They are Lt. Wayne Marston and L. W. Furlong. I left the GWCC.