Community members on Monday called on the San Rafael City Council to examine the fairness of drunken-driving checkpoints that screen for unlicensed drivers in the immigrant-heavy Canal neighborhood.
The issue, which has become a lightning rod in the community, drew both supporters and opponents of the controversial checkpoints to the council's Monday night meeting.
The issue was not on the council's agenda. Activists who spoke in open time demanded checkpoints be the subject of a future public hearing, but council members did not heed the request, instead telling the community that police officials would be happy to meet with them to discuss their concerns.
"The police department, the chief personally, would be happy to meet with any of you - all of you," Mayor Al Boro said.
The controversy erupted July 7, when activists turned out to protest a June 13 checkpoint that they said smacked of ethnic profiling. Activists say the checkpoint at East Francisco Boulevard and Grand Avenue was an attempt to target illegal immigrants.
The checkpoint was one of two operations that evening that netted a total of 47 drivers. Of those arrested, 39 were picked up for driving without a license. Four drivers were arrested on suspicion of drunken driving. Police impounded 44 vehicles.
San Rafael police, in a detailed analysis issued at the council's direction last week, said checkpoints are carefully conducted according to criteria that include public safety concerns and
statistics on accidents and traffic violations. The analysis also noted that 14 checkpoints have been conducted around the city since 2005, including six in downtown areas, three in the Canal area, three along south Andersen Drive and two in Terra Linda.
Both the California Supreme Court and the U.S. Supreme Court have upheld the constitutionality of sobriety checkpoints.
Supporters of checkpoints said they are a necessary tool to keep drunken drivers off the road.
"Recently ... bacterially contaminated foods have caused illness, so has the U.S.D.A. and the F.D.A. ceased inspections? Certainly not. Inspections are maintained," San Rafael resident John Weir said. "The results of your traffic checkpoint prove the need for sustaining checkpoints for public safety's sake."
Fielding Greaves of San Rafael said the checkpoints in the Canal neighborhood were critical.
"I'm here to speak in support of the police and their checkpoint system," he said. "It's clear it's extremely important to maintain (the Canal area) as a central checkpoint site."
San Rafael resident David Rubinson said he was concerned the police were not following the guidelines set by the California Supreme Court.
"There are two things everybody in the room can agree on - first is, drunk driving is a horrible offense and we must work together. The second is the law is the law and we must follow it as it is written," he said. "The Supreme Court has given rules in which the police should operate, and the police have ignored them. I call upon you to call upon the police to follow the law."'
Flor Emert of San Rafael said she supports crackdowns on drunken driving, but after seeing mothers of young children with no transportation she is concerned the policy to impound vehicles is Draconian.
"I am victim of a drunk driver - I spent eight months in bed because I was hit by a drunk driver, so I definitely want to help with preventing drunk drivers being on the road. Is this the most effective way to stop drunk driving?" she said. "It is ridiculous that we are in a country that values freedom and we are doing this. I am for stopping drunk driving. I do want to treat people with fairness without humiliating people."
Activists said concerns about the way checkpoints were conducted were enough to warrant further discussion.
"It seems to me that only in a public hearing that all of these matters can be sorted out," said Alan Barnett of Mill Valley. "It seems to me we really need to give it full-scale attention."
For checkpoints to meet constitutional requirements according to the 1987 California Supreme Court Ingersoll v. Palmer decision, the following procedures must be employed:
- Supervising officers must determine the establishment, location and implementation procedures of a checkpoint "to reduce the potential for arbitrary and capricious enforcement."
- A neutral mathematical formula such as every driver, or every third, fifth or 10th driver, must be employed at the checkpoint.
- Police must maintain motorist and peace officer safety by using proper lighting, advance warning signs and identifiable official vehicles and personnel.
- Checkpoint locations must be chosen to be most effective, such as on roadways that have statistically high incidences of alcohol-related accidents or arrests.
- Police must exercise good judgment in setting the time and duration of a checkpoint, with consideration of the effectiveness of the operation and of the safety of motorists.
- The average time each motorist is detained should be minimized.
- Advance publicity is necessary to increase the deterrent effect of the roadblock.