Duluth police, NAACP together write new policy on traffic stops

DULUTH — The local branch of the NAACP and city officials, including members of the Duluth Police Department, have collaborated on a new vehicle and pedestrian stop policy — one that could make it less likely for a driver to get pulled over for a burned-out headlight or other minor infractions.

Under the new policy, which is still in draft form, officers could make stops for equipment violations only if there was a risk to public safety. It also says that short of "articulable suspicion or probable cause," officers must stick to addressing the original basis for the stop and they need to identify themselves by name as soon as it is practical in the interaction.

Duluth Police Chief Mike Ceynowa said he hopes to implement the final version of the policy at the start of 2024 — after reviewing public feedback, training officers and consulting with the police union.

The old policy, which was drafted within the past five years, covers general traffic enforcement and doesn't address pedestrian stops.

The rewrite comes nearly three years after the Duluth Branch of the NAACP demanded police reform, citing data analysis that showed racial disparities in use of force incidents and arrests. The organization asked for a crisis response team and a racial bias audit during meetings with city officials. Both have happened.

Reconsidering traffic and pedestrian stops loomed large on the list.

"This was one of our main asks," said Jamey Sharp of the NAACP, who said the topic has dominated local conversations about police reform. "This policy will make it safer for people of color in this community when interacting with the police."

It isn't unusual to seek public input on policies, Ceynowa said. Most recently: residents' feedback was considered in the purchase of an armored rescue vehicle, and the public will be consulted on a policy for when and how it is used.

When the city hired consultants from the Boston-based Crime and Justice Institute to conduct a racial bias audit, some of the year's worth of information-gathering pinpointed significant racial disparities in vehicle and pedestrian stops.

In 2022, drivers of color were involved in more than 18% of all vehicle stops, but make up about 12% of the driving-age public, the audit found. Black drivers, who make up nearly 3% of the population, were involved in more than 11% of the stops. White drivers were more likely to escape with a warning.

The majority of pedestrian stops were conducted in Duluth's downtown and adjacent neighborhoods. The Crime and Justice Institute based its investigation on a sample of body-worn camera footage and found that the majority of stops were pretext stops — using a lower-level violation like jaywalking to stop a person and determine whether they are involved in a serious crime or have an active warrant.

This past week, the institute hosted a final interactive meeting about the audit that drew elected officials, police officers and community members to the American Indian Community Housing Organization. The conversation centered largely on the draft of the new stops policy.

Attendees broke into small groups and were asked, among other questions, to consider the demeanor they would like to see an on-duty officer display. The audit found that police introduced themselves in just 34% of interactions.

"You have to get in the habit," said at-large City Councilor Terese Tomanek. It's something she has learned in her role as a chaplain. "Who I am, what is my role."

"Approach with curiosity," added health care worker Shelly Bruecken.