The ACLU of Eastern Missouri today announced that it plans to file an amicus brief supporting the Firefighters Institute for Racial Equality (FIRE) and individual firefighters in their appeal of a judge’s rejection of their challenge to promotional tests that are alleged to be racially biased. The ACLU contends that the lower court was required to consider the difference in past rates in determining whether the tests had an adverse impact on black firefighters. ACLU of Eastern Missouri Legal Director Anthony Rothert said, “The court also erred in failing to give any consideration to the long history of racial discrimination by the St. Louis Fire Department that has been previously recognized by the Court.” The appeal is pending in the federal Court of Appeals for the Eighth Circuit.
The ACLU board of directors said, “We express concern and consternation about the racially charged political interference in the operation of the St. Louis Fire Department, and we will undertake a prompt and thorough investigation of the entire matter of the dispute involving the testing with regards to promotions in the Fire Department.”
The Board’s decision comes following its own review of files obtained under the Sunshine Act and after a request for help in the matter from a group of concerned clergy. ACLU of Eastern Missouri Executive Director Brenda Jones said. “We’ve been studying the situation with the Fire Department for more than a year since first obtaining some records. And we’ve been meeting the clergy and with community groups to share information.”? Jones also says that the ministers expressed concern about stories of abuse and neglect at the City Justice Center and the Medium Security Institution, both under the operation of the Department of Public Safety. “This concern mirrors our own and is reinforced by the increasing number of people calling the ACLU office to complain.”
ACLU of Eastern Missouri racial justice manager Redditt Hudson said, “I’ve heard from a number of former inmates, some with documented evidence of abuse and neglect, who describe conditions that would clearly involve constitutional as well as civil rights violations.” Commenting on the resignation earlier today of Public Safety Director Sam Simon, Hudson said, “It is becoming increasingly evident based on documents we’ve obtained and reports we have received from community members that there are serious problems within the Department of Public Safety that span a range of issues – not just at the Justice Center and Medium Security Institution, but violations of the City Charter, as well as violations of the public’s best interests and trust.” “With a new Public Safety Director, there may be an opportunity to start over and give people a clearer explanation of issues about which they have been misinformed.”
Jones says that the ACLU Board’s decision to investigate extends to the Justice Center and the Medium Security Institution.