Gregory Kane: Some racial profiling is more equal than others

Was the arrest of Harvard University professor Henry Louis Gates Jr. an example of racial profiling?

Or did Cambridge, Mass., police Sgt. James Crowley simply use race “as one of several factors” in the arrest?

OK, so I’m being a little facetious. But e-mails from Rev. Jesse Jackson tend to put me in that mood, especially when the topic is racial profiling. Wasn’t Jackson the guy who said he’d feel relieved if he looked behind him and discovered there were a bunch of white guys following him, rather than black guys?

Jackson’s own penchant for racial profiling didn’t prevent him from diving head first into the Gates controversy. Lauren Love, who’s with the Rainbow PUSH Coalition’s press department, sent Jackson’s statement via e-mail on July 21. The comments are typical Jackson: Filled with misleading statements and omitting key facts.

“The arrest and handcuffing of distinguished Harvard Professor Henry Louis Gates Jr. … last week is the latest publicly reported case of racial profiling and police misconduct,” Jackson’s statement begins.

Well hold the phone there, Andy, as George “Kingfish” Stevens might say. Gates was arrested July 16. The case went public several days later. As of July 21, when Jackson made his statement, there was not a shred of evidence that either police misconduct or racial profiling was involved in Gates’ arrest.

After stubbing his toe in the very first sentence, Jackson then went for breaking his entire foot.

“Professor Gates was arrested for entering his own home after a 911 call was made regarding a supposed ‘breaking and entering’ incident.”

Jackson again played it footloose and fancy free with the facts. Gates was not arrested “for entering his own home.” He was arrested for disorderly conduct, “for exhibiting loud and tumultuous behavior,” according to a police report. Although the charge was later dropped, that obviously didn’t deter Jackson’s tirade.

“It’s a stark example that racial profiling knows no boundaries of class, status, neighborhood or reputation,” Jackson continued in his statement. Later, in his conclusion, Jackson said “police misconduct and racial profiling must stop. There can be no ‘post-racial America’ when such glaring racial disparities and incidents of race profiling continue to permeate all facets of society.”

The good reverend was clearly in full blown “irate black leader” mode. But it is with great delight that I inform him that the best argument for racial profiling comes not from the police, but from Affirmative Action advocates like … Jesse Jackson.

Remember the two Supreme Court cases six years ago that revealed admissions policies at the University of Michigan? One concerned the university’s undergraduate admissions “point system,” where black, Latino and applicants from other “underrepresented minorities” got 20 points for, well, being black, Latino or an “underrepresented minority.”

The second dealt with admissions policies at the university’s law school, which had no point system but where race was “one of several factors” in admission.

Who sallied forth to give the “race as one of many factors” defense? Jackson was one, although he felt compelled to play the demagogue and accuse then-President George W. Bush of trying to return black Americans to the days of segregation.

But all throughout 2003, we heard the “race is one of many factors” argument in defense of the University of Michigan admission policies that clearly discriminated against whites and Asians.

Don’t police use race as “one of many factors” in determining criminal profiles? Race surely isn’t the only factor. There’s gender. There’s age. There’s location. (“Geography is fate,” some philosopher once said. Oh, ain’t it ever.) There’s style of dress and, if a traffic stop is involved, there’s the model and make of the vehicle.

From the years 1999-2002 I, then in my late 40s, spent nearly every weekend speeding up the New Jersey Turnpike, ground zero for racial profiling, according to the Jacksons of the country.  I regularly did 20 mph above the speed limit in my 1992 Honda and never got stopped once.

That would have been a much different story if I were in my late 20s and driving a Lexus. Factors other than race would have kicked in. Those who whine about racial profiling might want to drop their “race as one of many factors” argument in support of college admissions first.

Examiner columnist Gregory Kane is an award-winning journalist who lives in Baltimore.

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