- Historical Background
Until the 1960s, Ferguson was a "sundown town" where African Americans were banned from the City after dark. The City would block off the main road from Kinloch, which was a poor, all-black suburb, "with a chain and construction materials but kept a second road open during the day so housekeepers and nannies could get from Kinloch to jobs in Ferguson."[1] During our investigative interviews, several older African-American residents recalled this era in Ferguson and recounted that African Americans knew that, for them, the City was "off-limits."
The Ferguson of half a century ago is not the same Ferguson that exists today. We heard from many residents—black and white—who expressed pride in their community, especially with regard to the fact that Ferguson is one of the most demographically diverse communities in the area. Pride in this aspect of Ferguson is well founded; Ferguson is more diverse than most of the United States, and than many of its surrounding cities. It is clear that many Ferguson residents of different races genuinely embrace that diversity.
But we also found evidence during our investigation that some within Ferguson still have difficulty coming to terms with Ferguson's changing demographics and seeing Ferguson's African American and white residents as equals in civic life. While total population rates have remained relatively constant over the last three decades, the portion of Ferguson residents who are African American has increased steadily but dramatically, from 25% in 1990 to 67% in 2010. Some individuals, including individuals charged with discretionary enforcement decisions in either the police department or the court, have expressed concerns about the increasing number of African Americans that have moved to Ferguson in recent years. Similarly, some City officials and residents we spoke with explicitly distinguished Ferguson's African-American residents from Ferguson's "normal" residents or "regular" people. One white third-generation Ferguson resident told us that in many ways Ferguson is "progressive and quite vibrant," while in another it is "typical—trying to hang on to its 'whiteness.'"
On its own, Ferguson's historical backdrop as a racially segregated community that did not treat African Americans equally under the law does not demonstrate that law enforcement practices today are motivated by impermissible discriminatory intent. It is one factor to consider, however, especially given the evidence that, among some in Ferguson, these attitudes persist today. As courts have instructed, the historical background of an official practice that leads to discriminatory effects is, together with other evidence, probative as to whether that practice is grounded in part in discriminatory purposes. See Vill. of Arlington Heights, 429 U.S. at 267; see also Rogers v. Lodge, 458 U.S. 613, passim (1982).
- Failure to Evaluate or Correct Practices that Have Long Resulted in a Racially Disparate Impact
That the discriminatory effect of Ferguson's law enforcement practices is the result of intentional discrimination is further evidenced by the fact that City, police, and court officials have consistently failed to evaluate or reform—and in fact appear to have redoubled their
- ↑ Richard Rothstein, The Making of Ferguson, Econ. Policy Inst. (Oct. 2014), available at http://www.epi.org/publication/making-ferguson/.
76
