-------------------------
Via Workers World News Service
Reprinted from the Nov. 14, 2002
issue of Workers World newspaper
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FLOC SUIT VS. OHIO STATE TROUPPERS: 
FARM WORKERS WIN RULING ON RACIAL PROFILING

By Leslie Feinberg

At a moment when racist profiling appears to be the national 
policy of the Bush administration, the Farm Labor Organizing 
Committee has won an important and precedent-setting civil 
rights victory.

The Equal Justice Foundation of Columbus, Ohio, had filed a 
class-action lawsuit in 1996 on behalf of FLOC, a union 
representing migrant and seasonal farm workers in the 
northwest region of the state.

The lawsuit was spurred on after State Highway Patrol 
troopers pulled over Jose Aguilar and Irma Esparza near 
Toledo for a minor violation--an alleged faulty headlight. 
Troopers reportedly seized the two Latinos' valid green 
cards, confiscating them for four days without giving them a 
receipt or information about how to recover the critically 
needed documents.

The legal suit maintained that the troopers had violated the 
farm workers' constitutional rights by interrogating them 
about their immigration status and taking away their 
documents solely because they were Latinos.

The troopers claimed immunity. But after long years of 
pressing the case, FLOC won a decision in the United States 
Court of Appeals for the Sixth Circuit on Oct. 21. The 
appeals court upheld a district court ruling that the 
troopers were not immune to prosecution in racial profiling 
lawsuits. The appeals court decision added that state police 
could not legally confiscate green cards without probable 
cause.

The case now goes back to the district court.

FLOC President Baldemar Velasquez expressed elation about 
the decision. He said, "After dragging on for six years, 
this landmark civil rights case is showing true progress. 
The federal appeals court has clearly stated that state 
troopers are not above the law. Now that we have triumphed 
over their delaying tactics, we can bring this matter to a 
just resolution, which will hopefully result in sweeping 
changes in law enforcement policy."

- END -

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