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CELDF: DEFUNDING VIOLENCE ORDINANCE Part 1
DIR By: Admin
Date: January 28, 2021, 8:46 am
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X=INFO, A=GREY, G=GREEN, Y=YELLOW, R=RED, B=BLUE
_X. USER GUIDE
This “model ordinance” offers municipal policy changes designed
to implement police abolition, informed by #8toAbolition and the
Movement for Black Lives Policy Platform1 and numerous
abolitionist organizers who contributed to this work. This is a
starting point for legal language, offered to support but by no
means to replace or detract from organizing, protest, and people
power. Laws have power only to the extent that they can cement
the progress a movement has made.
_1 Available at
HTML https://www.8toabolition.com/
and
HTML https://m4bl.org/policy-platforms/.
Further, we offer this model ordinance not as an introduction or
overview of police abolition theory but instead as a tool to
support abolitionist organizing. We encourage everyone who
hasn’t yet done so to explore police and prison abolition theory
in depth. Many generations of Black organizers have dedicated
their lives to building this movement and sharing their
insights; as with any effort towards collective liberation in a
white supremacist society we should be centering and supporting
the leadership of affected community.2
_2 This means reading or listening and donating to abolitionist
organizers, especially those from BIPOC, queer, disabled,
immigrant, and poor communities who best understand the
experiences and struggles of resisting the police state. For one
(of many) excellent resources to learn more about abolition, the
Abolition Collective has compiled an array of resources into a
study guide, available at
HTML https://abolitionjournal.org/studyguide/.
Other organizations to explore, and give money to if you can,
are Critical Resistance, Survived and Punished, Black and Pink,
and others.
Finally, this is a nuanced policy area and this template
“ordinance,” as it is presented, must be customized for the
needs and context of your community. Police abolition will not
happen through one ordinance; law enforcement has cemented its
power into the foundation of our society through federal, state,
and local laws, as well as police union contracts and municipal
budget and planning documents. Sometimes a city charter requires
a police department. You should not submit this document in its
entirety to your governing body, but instead borrow from it and
adapt it to the strategic needs of your campaign. This document
is not intended as legal advice and should not be taken as legal
advice.
Note: where you see [things in brackets], you must adjust the
bracketed language by making choices that make the most logical
sense given your location and campaign strategy. You should
delete the footnotes before submitting, although you might want
to keep a footnoted copy to reference the sources as part of
your narrative and advocacy. You won’t want to use every single
provision in here - some are contradictory or redundant. We have
color coded the provisions to help you decide which ones you
might want to include:
_G. - Green Sections are generally smaller, more gradual
changes.
Page 1
_Y. - Yellow Sections are generally moderately significant
changes.
_R. - Red sections are generally big changes.
_A. You can always advocate for a red (or yellow) provision, and
offer a yellow (or green) provision as a compromise when you
negotiate with power-holders. Your ordinance might include
green, yellow, and red provisions all together. Keep in mind
that you should pick what to include based on what you want to
accomplish, not on color; for example including all the green
sections without thinking critically about each one will create
a self-contradicting ordinance and some protections/prohibitions
might not in fact be relevant for your municipality.
_B. - Blue sections should appear in your Ordinance no matter
what (but you can still make edits if you see ways to improve
the template language).
_A. - Gray sections are Authors’ Notes from us to give you more
context and justification for what each section/provision does.
Delete these, along with any footnotes, from the final copy
before you go public with it.
_X. While some of these changes are more incremental, we have
carefully and intentionally avoided including any “reformist
reforms” (sometimes called “recuperative reforms”) in this
Ordinance. We are only providing what we believe to be
abolitionist reforms - changes that ultimately bring power back
to the people rather than changes that ultimately stabilize the
oppressive system. That distinction is important. Abolitionist
reforms move us toward a world with less violence, particularly
less violence at the hands of the state. In contrast,
reformist/recuperative reforms recover the public legitimacy of
violent state institutions and/or expand the power and scope of
policing and prisons.3 Governments frequently propose reformist
reforms in response to public unrest so as to depower the
movement. The line between an abolitionist and recuperative
reform is not always easy to draw. If you think we drew it
wrong, please do let us know!
_3 A fantastic visual explanation with examples from Critical
Resistance about reformist and non-reformist
reforms that we highly recommend everyone reads:
HTML https://static1.squarespace.com/static/59ead8f9692ebee25b72f17f/t/5b65cd58758d46d34254f22c/15333
98363539/CR_NoCops_reform_vs_abolition_CRside.pdf
_A. *********Delete the above user guide before submitting this
too!*********
Page 2
_B. A DEFUNDING VIOLENCE [, REFUNDING COMMUNITY] ORDINANCE
A Rights-Based Ordinance Revoking our Consent to Be Subjected to
Racially and Socio-Economically Motivated Punishment as a False
Solution to the Root Causes of Societal Harms[ and a Knowing
Misuse of Resources].
_A. Authors’ Note: Ordinance title options for consideration, or
create your own:
● Defunding Violence Ordinance
● Democracy without Violence Ordinance
● A Defunding Violence and Reclaiming Community Ordinance
● Freedom and Safety by Defunding Violence Ordinance
● Harm Reduction Ordinance
When deciding what to call your ordinance and when discussing it
with others, remember that getting rid of police is, all by
itself, a solution to systemic racism and violence. Refunding
can be a persuasive talking point and a supplemental solution,
but the first and foremost point of defunding is that less
police equals safer communities, beyond just the remarkable
benefits of freeing up resources to devote to public resources
and services.
_B. PREAMBLE
_A. Authors’ Note: The preamble describes why you are passing
this ordinance and what is wrong with the institution of police
that should motivate your community to change how it tries to
create public safety. This template preamble denounces “false
solutions” and reformist reforms to police brutality (e.g.
#8cantwait) to avoid the ordinance getting co-opted into
something that stabilizes, rather than guards against, an
oppressive status quo. We offer suggested language here to
pre-emptively answer questions about and challenges to the
Ordinance, and perhaps give organizers some talking points.
However, you are the experts of your own community and
experience! Adding statistics or anecdotes specific to your
location will strengthen the preamble. Don’t hesitate to edit
our suggestions more substantively for messaging that will work
better in your community. None of the preamble is legally
binding language when the law is enacted, but it is important
framing to orient people to the need for and goals of the
Ordinance.
_B. Creation & Evolution of Police4: Policing and incarceration
have not always existed. City and town governments created the
first police forces to prevent Black people from fleeing
enslavement.
_4
consortiumnews.com/2020/06/23/uprising-police-violence-racism-have-always-enforced-injustice/
Page 3
After slavery was purportedly abolished with the Thirteen
Amendment, but actually legalized “as a punishment for crime,5”
policing evolved to protect and maintain racial capitalism,
controlling people’s movement and protecting societal divisions
of property, labor, and resources. Local governments directed
police forces to uphold racism and expand social control in
steadily more insidious ways, such as forcing Black people to
work for white employers, selectively criminalizing Black
behavior to recreate slave labor through imprisonment, enforcing
Black Codes and Jim Crow Laws, attacking union organizers,
suppressing protests in the Civil Rights era and beyond,
employing television and film media to propagandize the
purported necessity of police, and selectively targeting and
upholding laws that punish people for poverty and other vestiges
of overt racism.
_5 U.S. Const. Amen. XIII.
_A. [Optional state-specific facts, i.e. that Pennsylvania
developed the first state police in 1905 to suppress workers
seeking to unionize].
_B. Police were created and have further evolved to serve their
fundamental purpose: helping the affluent few accrue and protect
hoards of resources and wealth. State-sanctioned police violence
disproportionately targets Black, indigenous, and other people
of color and disabled, poor, and queer people in order to
maintain the wealthy elite’s ability to exploit humans and the
environment for profit. Police violence also prevents this
hoarded wealth from being redistributed more equitably. Police
prevent people from defending themselves against physical
infrastructure that leeches resources from and/or injects toxins
into their community, further cementing the genocidal origins
and colonial legacy of property ownership.
Police Brutality is Intentional and Systemic: Police are brutal.
Not because the profession draws an occasional violent recruit,
but because the profession allows, encourages and in fact
demands its officers to be violent and then immunizes them from
legal and social repercussions. Police academies program
trainees to see violence as a legitimate defense to imagined
threats and discuss de-escalation only performatively: recruits
spend, on average, 110 hours on defense tactics and firearms
training and only eight hours each on crisis intervention and
de-escalation.6 Academies condition recruits to perceive
Blackness, neuro-divergent behavior, disability, and poverty as
safety threats to which brutality is a necessary response. Less
than half of police
murders stem from police responding to a “violent” crime.7
Murders aside, police perpetrate an unknowable magnitude of
widely accepted nonlethal violence by detaining people without
cause, arresting people who are innocent, and assaulting people
who pose no threat - all in the name of protecting and serving.
Laws give police broad discretion, inviting officers to heed the
interpersonal racism that their training drills into them.
Beyond causing direct harm through the use and threat of
violence, policing’s purpose to maintain law and order in a
system built on exploitation allows the everyday violence
inherent to our existence in an oppression-dependent society to
continue. All policing is police brutality.
_6
HTML https://www.vox.com/2016/7/7/12118906/police-training-mediation
_7 2017 Police Violence Report,
HTML https://policeviolencereport.org/
Page 4
_B. Police Disproportionately Arrest, Brutalize, and/or Murder
Black and Indigenous People: Nationwide, Black people are 3
times more likely to be killed by police than white people.8
Black US Americans are imprisoned at five times the rate of
white US Americans.9 Studies across the country show that Black
drivers are significantly more likely to be stopped by police
and up to 200% more likely, once stopped, to have their vehicles
and persons searched by police despite Black drivers being
statistically less likely to have contraband items.10
_A. [perhaps include a state specific statistic, e.g.: In
Vermont, where 1% of the population is Black, 9% of people
incarcerated are Black. This staggeringly disproportionate
representation begins with police racially profiling and
harassing Black people and continues with racism in courts and
jury pools].
_B. Indigenous people are the most likely of any racial or
ethnic group to be murdered by a police officer.11
_8 You can look up your state here if you’d like more specific
data:
HTML https://mappingpoliceviolence.org/states
_9
HTML https://www.bbc.com/news/world-us-canada-52877678
_10
www.nyu.edu/about/news-publications/news/2020/may/black-drivers-more-likely-to-be-stopped-by-police.html
_11
HTML https://www.nationofchange.org/2016/10/30/remember-talk-standing-rock/<br
/>
Police Disproportionately Endanger Women, LGBTQ+ People, and
People with Disabilities: Any available statistics for sexual
abuse by police officers are “practically nonexistent” due to a
multitude of factors including wide-spread lack of
accountability, oversight, or consequences for police misconduct
as well as the inherent power dynamics between police and
civilians that discourage reporting and encourage cover-ups.12
As a drastic underestimate, the Associated Press identified over
1,000 police officers who lost their badge in a six year period
due to sexual misconduct, which number fails to account for
unreported or uninvestigated incidents and includes zero
incidents from New York or California, where no state
decertification process for sexual misconduct exists.13 About
half of these victims are children and almost all are either
LGBTQ+ or straight, cisgender females.14 Physical force, trained
aggression, years of unprocessed trauma, and immunization from
consequences cause police to commit gender-based and domestic
violence off duty as well; over 40% of police officers
nationwide anonymously admitted to abusing family members, a
statistic replicated by other studies.15 Transgender and gender
non-conforming people, particularly those who are Black and/or
otherwise multiply marginalized, experience egregiously inflated
rates of police harassment, violence, assault and subsequently
increased frequencies and lengths of incarceration.16
Approximately half of all US police murder victims are people
who are mentally, physically, psychiatrically, cognitively,
developmentally or otherwise disabled, D/deaf, neurodiverse, or
chronically ill.17
_12
HTML https://www.cnn.com/2018/10/19/us/police-sexual-assaults-maryland-scope/index.html<br
/>
_13
HTML https://www.theguardian.com/us-news/2015/nov/01/police-sexual-assault-investigation.<br
/>
_14
HTML https://www.cnn.com/2018/10/19/us/police-sexual-assaults-maryland-scope/index.html<br
/>
_15
HTML https://money.yahoo.com/data-suggests-40-percent-cops-145601125.html<br
/>
_16
HTML https://www.thetaskforce.org/wp-content/uploads/2019/07/ntds_full.pdf<br
/>Police and Incarceration chapter
_17
rudermanfoundation.org/wp-content/uploads/2017/08/MediaStudy-PoliceDisability_final-final.pdf
Page 5
_B. With emphasis on the acutely violent danger that police
present to Black people, police brutality against people of any
race, ability, gender and gender expression is widespread,
egregious, and unacceptable.18
_18
washingtonpost.com/opinions/2020/05/29/heres-why-we-dont-see-protests-when-police-unjustly-kill-white-people/
Police Fill Prisons, Which Destabilizes Families and
Communities: Police are harmful not only for their historic and
ongoing role in protecting the ruling class’s rights to exploit
and exclude everyone else and not only for the immediate bodily
danger they pose to everyone, especially to people from
marginalized communities and with criminalized identities. As a
gateway into the prison industrial complex, police initiate a
process that strips people of their humanity, damaging us
physically and mentally. Carceral punishment in all forms is
torture. Corporations embedded in this “solution” to violence
profit from making us afraid of each other, costing taxpayers
over 180 billion dollars a year and pressuring police to find or
create “criminals” to justify maintaining this expensive
institution.19
_19
HTML https://eji.org/news/mass-incarceration-costs-182-billion-annually/
Police and Prisons do not Decrease Crime, but instead Divert
Funding from Programs that Do: Increasing police funding and
presence in an area does not decrease crime in that community.20
Cities and towns with lower crime rates do share a common theme:
well-funded public services. The way to decrease harmful
activity in our community is to provide more resources that
address the root problems of inequality such as structural
racism, poverty, and environmental degradation - not to invade
communities with hired guns whose job is to threaten and enact
violence.
_20
www.washingtonpost.com/politics/2020/06/07/over-past-60-years-more-spending-police-hasnt-necessarily-meant-less-crime/
Police Perform Social Services to Assert Their Usefulness: After
governments cut social services to pay for an ever-expanding,
ever-militarizing police force, police are then asked to perform
these social services. Police are not trained to address harm,
only to punish. Nevertheless police are sent to de-escalate, to
outreach to vulnerable communities, to supervise highway repair,
to mentor children, to do any number of performative chores
where a license to kill is wholly unnecessary. Serving the
community as unskilled, over-paid, violently-unstable social
workers allows police to legitimize themselves, to claim they
are needed to perform these crucial public services, and to
build trust with a community they otherwise threaten despite the
fact that their existence comes at the expense of the very
social services they now attempt to perform.
“Community Oriented Policing” Is a Dangerous False Solution:21
Community policing, which includes tactics like “broken windows
policing,” is a relatively new concept developed to promote the
misleading idea that police are not harmful if they can build
relationships with community members.22 Community Oriented
policing focuses on improving officers’ reputation in the
community without doing anything to mitigate the actual harm
these officers perpetrate on the people in that community.
_21
www.aljazeera.com/indepth/opinion/community-policing-exists-dangerous-200810154949045.html
_22 See, e.g., the 1994 Violent Crime Control and Law
Enforcement Act, which established community policing federally
and created the Department of Justice’s Community Oriented
Policing Services office.
Page 6
_B. Statistically, community policing improves only the
communities’ perception of police and the job satisfaction of
the officers but has no impact on crime rates or public
safety.23 Federal grants from the Community Oriented Policing
Services office come with strings attached requiring further
militarization of local police forces and collaboration between
local and state police and federal immigration authorities.
Broken windows policing involves targeting low-level infractions
for aggressive enforcement, prioritizing arrests for visible
crimes to create the appearance of “order” and “cleanliness” in
a community. This tactic benefits property owners and businesses
at the expense of the individual people, usually poor and often
Black, who are now arrested, fined, and harassed constantly for
minor infractions and symptoms of poverty. “Community Policing”
does not create a symbiotic bond between people and police but
rather enables law enforcement to solidify their surveillance
and control over people’s everyday lives.24
_23 “Community Oriented Policing: What it Is - Why it Works -
How to Get Started,” National Criminal Justice
Reference Service, 1997
www.ncjrs.gov/pdffiles1/Digitization/169113NCJRS.pdf
_24 Alex Vitale, The End of Policing, 2017.
Therefore, we the people of [Municipality], as the source of
governing authority for [Municipality], assert our inherent and
inalienable right of local community self-government for the
protection and expansion of our Fourteenth Amendment Rights to
live free from institutions that prejudice our Black and brown
residents, our working-class and poor residents, our disabled
residents, and our LGBTQIA+ residents. The police are just such
an institution, and are detrimental to real public safety. We
hereby limit the violence of policing in [Municipality] through
the assertion of the following rights, in the following ways:
SECTION 1: INHERENT RIGHTS THAT POLICE IMPEDE
_A. Authors’ Note: This section lists the legal grounds that
justify the binding provisions of the Ordinance. These rights
are preliminary support for the argument that the Ordinance is
valid and that your municipal officials must all abide by it.
You should consider including all of these statements. Part of
the reason for basing the Ordinance in rights, not just your
local government’s power to protect health, safety, and welfare,
is that state and federal governments can use their lawmaking
power to make laws that contradict the laws of local
governments, and courts generally say that the federal or state
law trumps local law. Asserting local rights presents an
additional defense against state ceiling preemption. Unlike the
enforcement provisions in this template, none of the provisions
in this section are contradictory. These rights belong to every
person by virtue only of their existence. Police as individuals
and an institution violate many or most of these rights
especially those belonging to people who are Black, indigenous,
brown, poor, immigrant, transgender, gender-nonconforming,
disabled, women and intersections of these identities.
Page 7
_B. (a) Right to be free from State-funded Violence and
Exploitation: All people in the jurisdiction of [Municipality]
have an inherent, fundamental and unalienable right to be free
from known threats to bodily and mental safety and integrity and
mental, physical, emotional, and social well-being; including at
a bare minimum a right to prevent their governments from
creating, supporting, and legalizing statistically-proven
threats to this safety and well-being. This includes a right to
not have anyone’s safety and integrity jeopardized to create and
protect wealth for another group.
(b) Right to be free from Discrimination: All people in the
jurisdiction of [Municipality] have an inherent, fundamental and
unalienable right to be free from discrimination on the basis of
actual or perceived race, ethnicity, color, sex, gender identity
and expression, sexual orientation, class, spoken language,
education, mental or physical ability, neurodiversity, religion,
age, pregnancy, addiction and other illnesses, medical or
psychiatric diagnosis, and immigration, family, military, or
marital status. People have a right to a government free from
systemic oppression with disproportionate impacts on
marginalized groups and identities, hidden by identity-neutral
laws and policies.
(c) Right to Effective Problem Solving & Community Services: All
people in the jurisdiction of [Municipality] have an inherent,
fundamental and unalienable right to have their government offer
solutions that are designed to reduce and mitigate harms, rather
than designed to make profits for business associations while
creating the false impression of efficacy, and a right to alter
or abolish solutions currently in place that do more harm than
good.
(d) Right to Local Community Self-Government: The people of
[Municipality] possess an inherent, fundamental and unalienable
right to local self government both as individuals and as a
collective. This right guarantees every community a system of
government that is accountable to the people, that protects and
secures their well-being, that puts human and environmental
interests above property and profit interests, that can expand
but not erode other fundamental rights of natural persons, and
that neither state nor federal law can preempt because this
right is rooted in the health, safety, and welfare protections
that are governments’ fundamental purpose.
(e) Right to Survive: All people in the jurisdiction of
[Municipality] have an inherent and inalienable right to
survive: to live and perform life-sustaining and nurturing
activities and to exist as part of a community without fear of
being shot or otherwise have their life threatened or taken by a
government official. These protected survival activities
include, but are not limited to: sleeping, walking, jogging,
playing with toy guns, standing outside apartments and stores,
shopping (including leaving a store without making a purchase),
asking for help, driving a car, selling art, visiting family,
relaxing, gathering in protest or celebration, and all other
activities necessary for meaningful life and pursuit of
happiness.25
_25
www.cnn.com/2020/06/16/us/black-lives-matter-police-violence-what-people-were-doing-trnd/index.html
Page 8
(f) Right to Free Movement: All people in the jurisdiction of
[Municipality] have an inherent and inalienable right to move
from one place to another, to travel freely between states and
municipalities within this country without discrimination or
profiling. Every person regardless of race, ethnicity, gender
identity and expression, physical and mental ability,
nationality, citizenship status, domicile, or country, state,
city, or neighborhood of origin, has a right to experience and
enjoy any other part of this country, without fear of being
followed, harassed, threatened, or attacked by government
officials for looking “out of place.”
(g) Rights are Self-Executing: All rights secured by this law
are self-executing, and further implementing legislation shall
not be required for [Municipality] or any one or group of its
residents to enforce the rights and prohibitions recognized by
this law.
SECTION 2: ENFORCEMENT
_A. Authors’ Note: This section has numerous subsections, each
with provisions limiting the role, funding, conduct, authority,
and other aspects of police. You will need a thorough
understanding of the police who operate in your area in order to
choose the provisions that are relevant and that will be
effective in meeting your goals. Some questions to ask yourself,
while you think through these options, are: does your
municipality have its own police force? Do you contract with
other municipalities or the state police force and what services
does that contract include? (Emergency response, patrols,
dispatchers?) Do the schools in your town have Resource
Officers, and from what police department? Is your community
likely to support radical, broad transformation or do you need
to start with incremental defunding, so you can bring more
people on board and initiate positive feedback loops that allow
for larger, systemic transformation down the line? What kinds of
things do police usually do while on duty? How much
interpersonal violence do you see in your community? Why do
people call 911? Make sure your group centers the perspectives
of people most affected by police violence, and when asking
BIPOC, queer, disabled, poor, immigrant, or other community
members to give advice make sure you listen to how they want a
problem solved, not just what they identify as a problem, and
find ways to appreciate and compensate their intellectual and
emotional labor.
_R. Subsection 2.1 Duties of Police Officers
(a) Police Activity by Invitation Only: The [Municipality]
Police Department’s exclusive purpose is to respond to civilian
requests for assistance. It shall be unlawful for the police to
engage in any activity in their official capacity except for
responding to 911 calls [or other explicit verbal or written
requests for law enforcement assistance].
Page 9
_R. When calling 911, the person requesting assistance may
state that the situation is non-violent and ask officers to
remove their firearms [or all weapons] before responding, and
the responding officers must abide by this request.
_A. Authors’ Note: The first alternative in brackets would allow
people to verbally or in writing request police assistance in
addition to requesting police by calling 911, for example by
coming into a precinct or sending a letter or an email to ask
for police assistance. This provision of the Ordinance also
allows a caller to specify that police should not come armed.
Think about situations where police are asked to find a lost kid
or dog, to assist in traffic control when a car breaks down,
etc. You don’t want jumpy gunmen entering an already stressful
but completely nonviolent situation. Compile research ahead of
time before proposing that police no longer perform any social
services so that you can share alternative non-police response
systems, such as CAHOOTS [[
HTML https://whitebirdclinic.org/cahoots/<br
/>]]. Find data to dispel the myth that police showing up
unarmed
are putting themselves in danger.
_Y. (a) Police Activity Prohibited in the Following Areas: The
following police activity is unlawful except when actively
responding to a 911 or other emergency request for assistance:
[patrolling neighborhoods, businesses, parks, trails, and other
recreation spaces; hosting or attending community events
including youth summer camps, outreach or training programs;
patrolling or holding office in schools; performing or
accompanying health workers on wellness checks including visits
to houseless communities; and conducting investigations of
alleged crimes]. [Municipality] Police Department must [end or
decline to renew] any and all contracts that arrange for police
presence in schools, colleges, universities, parks, public
transit, and public housing. [Municipality] Police Department
must immediately close [all or any] special units[, including
those] targeting protestors, sex workers, or “gang members,” or
otherwise charged with community surveillance. [Municipality]
Police Department must stop all collaboration with federal
immigration authorities, Joint Terrorism Taskforces, and other
surveillance structures.
_A. Authors’ Note: This is an alternate provision to 2.1(a)
above, and is slightly reduced in scope. Rather than a
prohibition on all policing activities except 911 response, this
provision offers a list of prohibited police activities but
allows everything else. You should choose only one of these
options. If you begin by proposing the first of these
provisions, this second option may be offered as a compromise to
the first. You can shorten/adjust this specific list of
prohibited police activity if you find yourself unable to gain
support for all of the prohibitions, or your group would rather
not terminate all of the contracts or departments we list. For
example, getting your municipality to force the local SVU unit
to cease operations might be a tough sell, and might be a tense
or triggering conversation for your community group especially
if you all are new to this and new to working with each other.
Adjust this to fit your needs. Expand the list if you can!
Page 10
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