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NAACP’s travel advisory chilling evidence of the times we live in

DANIEL A. COTTER
Law Bulletin columnist

Published: August 22, 2017

In its long history of addressing racism and equality, the National Association for the Advancement of Colored People had never taken the step of issuing a “travel advisory” in the United States or elsewhere.

That changed in early August when the NAACP issued an unprecedented travel advisory for the state of Missouri.

The NAACP’s Missouri chapter had approved the advisory in June.

The advisory calls attention to the recent enactment of Missouri’s SB 43, a law that makes it more difficult for individuals to successfully sue for housing and employment discrimination. Prior to the legislation, a plaintiff seeking redress for alleged discrimination under Missouri law had to show that discrimination was a “contributing” factor with language that the discrimination had to be “any unfair treatment based on” discrimination.

The legislation changed that standard to the “motivating” factor being discrimination. Arguably, the new standard is more stringent than federal law.

In addition to changing the discrimination standard, the new legislation signed by the Missouri governor also changes whistleblower protections with the inclusion of a “Whistleblower Protection Act” that some employment law experts argue weakens existing whistleblower protections, replacing them with statutory protections that are not as strong.

The NAACP is concerned with the new standards, which go into effect Aug. 28, fearing they will lead to more discrimination against protected classes in Missouri.

In addition to the new law, the NAACP also cited a number of incidents that have taken place in Missouri including a study reflecting that African-American drivers were stopped 75 percent more than white drivers by various Missouri police agencies and at a highly disproportionate percentage to their population in the state.

The NAACP’s Missouri chapter issued a travel advisory in early June, when SB 43 was still pending.

“A travel advisory has been issued in the state of Missouri due to the sad passage of Senator Gary Romine’s Jim Crow Bill — SB 43 — and recent events throughout Missouri,” the advisory begins.

It then provides a warning to anyone contemplating travel through the state:

“The advisory means each individual should pay special attention while in the state of Missouri and certainly if contemplating spending time in Missouri. Unlike seasonal weather advisories, where no unnecessary travel on city streets or parking might be directed, the NAACP wants to make Missourians and our visitors aware of looming danger which could include the following by example of what has happened to some residents and visitors … ”

After citing a number of incidents that have recently occurred in Missouri, the advisory issues a stark warning to anyone of color thinking about traveling in the state, referencing the recently enacted new law:

“Individuals traveling in the state are advised to travel with extreme CAUTION. Race, gender and color based crimes have a long history in Missouri. Missouri, home of Lloyd Gaines, Dred Scott and the dubious distinction of the Missouri Compromise and one of the last states to loose (sic) its slaveholding past, may not be safe. (emphasis in original).

For the first time in its history, the NAACP national delegates voted to support a travel advisory and supported the Missouri chapter’s wording. In a news release dated Aug. 2., interim President and CEO Derrick Johnson stated: “The numerous racist incidents, and the statistics cited by the Missouri attorney general in the advisory, namely the fact that African-Americans in Missouri are 75 percent more likely to be stopped and searched by law enforcement officers than Caucasians, are unconscionable, and are simply unacceptable in a progressive society.

Earlier this year, the ACLU issued an alert addressing a Texas law that permits police officers to inquire and examine the immigration status of anyone stopped for a traffic violation.

Up until the recent Missouri travel advisory outlined above, the NAACP had never in its 108-year history issued such an advisory.

Given the legislative activities and the tense racial climate in a number of other states, it may not be the last time that the NAACP or other civil rights organizations issue such a warning.

Daniel A. Cotter is a partner at Butler Rubin Saltarelli & Boyd LLP and an adjunct professor at The John Marshall Law School, where he teaches SCOTUS Judicial Biographies. The article contains his opinions and is not to be attributed to anyone else. He can be reached at dcotter@butlerrubin.com.


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