Racial Profiling in Action: ‘Hey, Buddy, Mind If I Steal This Bike?’

"Bike thief" demonstration showing racial profile

Orange Juice Blog’s budget does not allow us to replicate this experiment on Orange County, which by the way is TOTALLY “post-racial,” but perhaps our good friends at the Weekly will try it.

As the Supreme Court today took what will probably end up being a big bite out of affirmative action in education — when they tell and appellate court that approved of such a plan to “go back and apply strict scrutiny” they’re in effect saying “are you sure you’re sure?”, strict scrutiny being a doctrine of necessity for government action that is notoriously hard to satisfy — I guess that it’s a good time for our national (or at least our little corner of it) conversation about race.  (To be fair, my black friend — yes, he’s both! — who blogs for “Above the Law” likes the decision more than I do.  Of course, he went to Harvard; whaddaya expect?)

The argument is made that we’ve transcended racism and are now a color-blind society, undoing any need for racial preferences. Here, take a look at this:

Now this is just, as we’d say, “illustrative evidence.” We would need to know more about how they did this little experiment before putting much faith in the result. Maybe they ran 10 trials with each person, and 9 times out of 10 each of the white “thieves” got hassled and the black “thief” didn’t — but they chose to show the one exception in each case. I tend to doubt that, though. (This would be an excellent study to replicate in OC, by the way, except for the too-high probability that the black actor would get shot.  Of course, we’d have to have a Mexican actor in one example too, but that would demand serious combat pay.)

Here’s one problem with legal approaches to racial discrimination: they rarely come down in legal codes sent from on high like voting bans and Nuremberg Laws.  Mostly, it’s just people doing what people do — what they have learned to do in a racially hyper-aware society.  And that’s why anyone who doesn’t want to look at the outcome of the process, rather than just its rules, doesn’t really want the fight against discrimination to succeed.

About Greg Diamond

Somewhat verbose attorney, semi-disabled and semi-retired, residing in northwest Brea. Occasionally ran for office against jerks who otherwise would have gonr unopposed. Got 45% of the vote against Bob Huff for State Senate in 2012; Josh Newman then won the seat in 2016. In 2014 became the first attorney to challenge OCDA Tony Rackauckas since 2002; Todd Spitzer then won that seat in 2018. Every time he's run against some rotten incumbent, the *next* person to challenge them wins! He's OK with that. Corrupt party hacks hate him. He's OK with that too. He does advise some local campaigns informally and (so far) without compensation. (If that last bit changes, he will declare the interest.) His daughter is a professional campaign treasurer. He doesn't usually know whom she and her firm represent. Whether they do so never influences his endorsements or coverage. (He does have his own strong opinions.) But when he does check campaign finance forms, he is often happily surprised to learn that good candidates he respects often DO hire her firm. (Maybe bad ones are scared off by his relationship with her, but they needn't be.)