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Help Defend Visiting Farmer from Racist Policing

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For Thaiera, a woman of color who is a city farmer and food educator, a fun first-trip to Maine turned into a nightmare of terror and unplanned expenses at the hands of the Brunswick police. She is raising funds to cover a $3,000 retainer for an attorney to represent her.

Who is Thaiera?
Thaiera (a Black urban farmer [1], chef, and educator [2]) and her partner Alejandro (a Latinx urban farmer and artist) live in New York City. They asked for pseudonyms because they feel embarrassed about their circumstances.

How was the Trip Supposed to Go?
Per Thaiera, "we planned the trip just in gratitude for making it to the end of the summer. I’ve never planned a road trip or done something like this, but it seemed like it’d be straightforward and fun, and last year I’d promised my friend who works at the [farm in Rockport] that I'd come to visit them this summer and am pretty serious about keeping my word."

Thaiera has had her driver's license for a few years, but since she lives in the city, she most commonly uses public transportation. Even so, "at this point I feel comfortable driving and do my best to be a safe and considerate driver, making a 7+ hour road trip was a new driving milestone I hadn’t done but thought I’d done plenty of research on to do well."

What Actually Happened?
On August 27th, Thaiera and Alejandro were on their way to Rockport late at night on Route 1. As they approached Brunswick, flashing lights appeared behind them. Since she was doing nothing wrong, Thaiera did not anticipate they were signaling for her and tried to move out of the way. When the lights did not pass her by, she realized she was being asked to pull over and looked for a safe place.

But she was never given a chance to pull over safely. Instead, two more police cars suddenly appeared and threw out a spike strip, ruining all four tires and forcing her car to a stop. Shortly after, Thaiera and Alejandro were terrified to see Brunswick police officers pointing guns at them. The officers ordered Thaiera out of the car, handcuffed her, and issued drunk driving tests (which she passed). They said she was being arrested because "she had her highbeams on for too long and drove without pulling over."

The officers then handcuffed and interviewed Alejandro, who clarified their traveling destination and mentioned their interest in farming. One officer aggressively responded, "Oh is that a marijuana farm?" When Alejandro stated, "I don’t understand why we’re being treated like this," an officer said, "we’ll let you go out of the handcuffs because you’re nice - otherwise we’d just leave you on the highway." Thaiera and Alejandro's entire car was searched, then they were taken separately to the Brunswick police station.

At the police station, Thaiera had another sobriety test while Alejandro was asked if they had $60 for bail. When Alejandro provided the money and requested a receipt, the officer stated they would have to wait until morning for a clerk.

Finally, Thaiera and Alejandro managed to find a friend-of-a-friend's place to stay (so stressed they were unable to sleep) until morning when they could find their car and buy new tires.

Looking back, Thaiera commented, "We really tried to plan for everything, and make sure we had any legal documents ready like the registration and be alert/proactive about anything. If I’d known about the high beams, I would’ve turned them off, but it was really hard to see in that neighborhood without them. And having my high beams on was the last thing I’d ever have imagined getting pulled over for if anything, especially in a dark town I’ve never been to."

Why was this Racist?
In the words of one of her friends, "It is a terrible thing to fear inviting our Black and Brown loved ones to Maine when dangerous incidents like this occur." This incident was racist for many reasons -

  • The premise. Maine Statute 2067 says that headlights should be dimmed when a car "approaches an oncoming vehicle within 500 feet or follows a vehicle within 300 feet," but I don't see anything that limits the length of time high beams can be used. [3] Stopping someone for having their high beams on too long sounds like a pretense.

  • The spike strip. Can you imagine this happening to you? I can't fathom putting out a spike strip unless the driver is about to hit someone or is recklessly running away. Thaiera wasn't even speeding (otherwise you know she would have gotten a ticket for that too).

  • The drawn weapons and use of handcuffs. With all the police shootings of people of color in the news, can you imagine how horrifying that must have been? And handcuffs? Thaiera and Alejandro didn't do anything to deserve feeling shamed and helpless like that.

  • The search. Thaiera and Alejandro didn't mention probable cause, impoundment, consent, or a warrant. I'm not a lawyer, but I'm pretty sure at least one of the above is required before a cop can legally search your car. [4]

  • The arrest. Why was Thaiera arrested, rather than simply given tickets just like any typical traffic stop??

  • The comment about "marijuana farm." Not long ago, the ACLU published an article about racial disparities in marijuana arrests. [5] Was it coincidence that the officer's mind jumped to marijuana while talking to a person of color... or was it unconscious bias?

  • The implication that Alejandro would be left on the road in handcuffs. If the officer was joking, this was extremely disrespectful; if serious, they would be endangering a person they're sworn to protect.

I've been pulled over various times in my life and even gotten a couple tickets, but on several occasions the officer was kind enough to let me go with a courteous "reminder" to watch my speed or renew my registration. And in other cases, a cop car followed me briefly but moved on. Maybe you've had similar experiences... if you're white like me.

The ACLU article I mentioned earlier also states that police "often target people (for stop and frisk, search, and arrest) based on their actual or perceived race rather than reasonable suspicion of criminal activity." Similarly, a Stanford research report concludes, "we find that police require less suspicion to search black and Hispanic drivers than white drivers. This double standard is evidence of discrimination." [6]

At first I wondered, if it was so dark out, how could the cops have seen Thaiera and Alejandro's complexions before they threw out the spike strip? Then I remembered - they can look you up by your license plate!

If Thaiera and Alejandro were white, their experience would have been very different. And that's not equitable. The Maine Civil Rights Act "prohibits bias based on race, color, religion, ancestry, national origin, gender, physical or mental disability or sexual orientation" and "all people living, working, or visiting in the State of Maine are protected." [7]

How did this Affect Thaiera?
As you can guess, Thaiera is completely turned off from long-distance driving. And she's extremely nervous about ever visiting Maine again. Regrettably, she must do exactly that - on top of the mental trauma from that night in Brunswick, Thaiera must face the stress of more travel and a court appearance in November.

There's a financial toll as well. The expenses of August 27th add up like this:
$60 bail
$170 towing
$800 new tires
$152 ticket for highbeams
$355 ticket for not stopping
------------
$1,537.00

In addition, there's the cost of returning to Maine in November. Thaiera is afraid to drive the roads, so will seek other modes of transport.

Some good news is that Thaiera has connected with a lawyer who can ensure her voice is heard throughout the challenging legal process. Some not-so-good news is that the lawyer needs a $3,000 retainer before they can start planning the case.

How can We Help?
First, to the people who have contributed so far: Thank you so much for reaching out to help Thaiera and Alejandro. Your caring has raised close to two thousand dollars, for which they are incredibly grateful. Per Thaiera:

"Of the funds raised so far, half has gone to the tires/tow and saving the rest for the likelihood of having to fly out for court appearances over the next few months and pay the tickets if contesting doesn’t work."

Thaiera's immediate worry is finding funds to pay the lawyer's $3,000 retainer as soon as possible to make sure they can be ready for the November court date. Three thousand dollars is just $10 from three hundred people. Or even $30 from one hundred people.

If you're angry, like me, at how Thaiera was treated; if you're shocked that a visitor to Maine now fears to come back; if you've ever gotten a "pass" at a traffic stop - please help defend this visiting farmer from racist policing. Thank you.

References
[1] Covington, L. (2022, Sep 7). What is urban farming? The Spruce Eats. Retrieved September 28, 2022, from https://www.thespruceeats.com/what-is-urban-farming-5188341

[2] Pilot Light. (2021, Jan 11). What is Food Education? Retrieved September 12, 2022, from https://pilotlightchefs.org/what-we-do/what-is-food-education

[3] Office of the Revisor of Statutes. (2021, Nov 18). Title 29-A: MOTOR VEHICLES AND TRAFFIC Chapter 19: OPERATION Subchapter 1: RULES OF THE ROAD. Maine Revised Statutes. Retrieved September 12, 2022, from https://www.mainelegislature.org/legis/statutes/29-a/title29-Asec2067.html

[4] ACLU Maine. (2016, Jul 19). Know Your Rights: Police Encounters. American Civil Liberties Union of Maine. Retrieved September 18, 2022, from https://www.aclumaine.org/en/know-your-rights/know-your-rights-police-encounters

[5] ACLU. (2020, Apr 17). A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform. American Civil Liberties Union. Retrieved September 17, 2022, from https://www.aclu.org/news/criminal-law-reform/a-tale-of-two-countries-racially-targeted-arrests-in-the-era-of-marijuana-reform

[6] The Stanford Open Policing Project 2021. (2021.) Findings. Retrieved September 12, 2022, from https://openpolicing.stanford.edu/findings

[7] Information Resource of Maine (InforME). (2014). Civil Rights FAQ. Office of the Maine Attorney General. Retrieved September 16, 2022, from https://www.maine.gov/ag/civil_rights/faq.shtml

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    Organizer

    Karen Prieto
    Organizer
    Brunswick, ME
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