City of Wichita - 2006 City of Wichita Appeals KHRC Ruling
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City of Wichita Appeals KHRC Ruling

Date: June 16, 2006
Contact: Van Williams, Public Information Officer
E-mail: VWilliams@wichita.gov
Phone: (316) 268-4351

On Thursday, June 15, 2006, the City of Wichita, filed a “Petition for Judicial Review and Declaratory Relief’ in the Third Judicial District, Shawnee County, Kansas, requesting a court review the Kansas Human Rights Commission’s probable cause determination that several Wichita Police Officers had engaged in an incident of racial profiling in August, 2005.

The action requests the district court in Topeka to review whether the Commission’s factual findings support a conclusion that race was the “sole motive” in the officers’ actions in making a vehicular stop giving rise to the complaint.

City Attorney Gary Rebenstorf will respond to media questions during a 2 p.m. news conference in the 13th floor conference room of the Department of Law, 455 N. Main.

The City has also asked the court to review recommendations made by the commission as to whether they exceed its statutory options and to additionally consider the constitutionality of the racial profiling statutes and the Commission’s standing orders under due process and equal protection standards.

The City believes that this legal action is a reasonable exercise of its procedural alternatives in attempting to arrive at a fair examination of its employees conduct in the performance of their professional duties. This is in no manner an indictment of the integrity or competency of the Commission on Civil Rights, which essentially was reviewing a case of “first impression” under the recently adopted statutes addressing racial profiling. Nor is this intended as an endorsement of racial profiling as a basis for law enforcement conduct. This city has had internal regulations preceding the statute in question, which prohibits racial profiling, and is proud of its efforts in this regard.

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