https://www.cnn.com/2018/05/10/us/airbn ... index.htmlWoman says she called police when black Airbnb guests didn't wave at her
(CNN)Earlier this week, three black Airbnb guests checked out of their rental only to be met by seven police cars.
Attorneys for the guests said a woman who called Rialto, California, authorities said she made the call because the departing guests didn't wave to her or smile at her.
"They have a right not to smile," [and also not to tap dance] said attorney Jasmine Rand at a Thursday morning news conference in New York. "We don't want to live in an America where black people are forced to smile at white people to preserve their lives."
The three black guests -- Kelly Fyffe-Marshall, Donisha Prendergast and Komi-Oluwa Olafimihan -- [Prendergast is Bob Marley's grand daughter] were also traveling with a fourth guest, who is a white woman. But according to the their attorneys, the neighbor only told police about three suspicious black people. Police previously said the caller was an elderly white woman.
"And that should have been automatic evidence to them that this issue, this call was racially motivated by this woman," Rand said.
Now, the attorneys want the woman held accountable and are calling for the Rialto Police Department to conduct an investigation into officers' actions, claiming their clients' constitutional rights under the 4th and 14th Amendments were violated.
The group checked out of their Airbnb on April 30, and were dragging their luggage to their car when police showed up and told them to put their hands in the air. They tried to explain to officers that they were renting an Airbnb, but officers didn't believe them, and detained them for between 20 and 45 minutes, Rand said.
Okay, it seems to me that the lady who made the call had race, consciously or unconsciously, coloring (no pun intended) her judgement when she called the cops. Highly unlikely that she would have done the same thing had the people involved been white, and all the other facts been identical. (Her first thought probably would have been that they were visiting relatives or friends of a neighbor.)
But being afraid of black people in your well-to-do white neighborhood, (no matter how unjustified that fear may be) is not a crime. And there's no indication that she filed any kind of false police report; apparently she told the 911 dispatcher exactly why she was suspicious (no smiling or waving by three black people). She didn't claim they were brandishing weapons, or looking in widows, or trying to break in anywhere...
And she may have been completely unaware that her neighbor was doing the Air BnB thing, (I suspect that the Air BnB phenomena is probably generating a lot of "suspicious-looking people in the neighborhood" police reports.)
Also I doubt that she was motivated by an conscious maliciousness; ie, I don't think she was thinking something like, "Well, I'm really not afraid of these people but I'm going to call the police anyway because I hate black people and I want to see them hassled". I don't see any reason to believe that her fear, (while completely wrongheaded and misplaced) wasn't genuinely and sincerely felt.
So if there's any remedy here at all I don't see where it involves the little old lady who called 911.
Regarding the police, sending seven squad cars certainly looks like an overreaction, but also as police over-reactions go, this one looks pretty mild...
No guns were drawn, no one was arrested, no one was cuffed, in fact there is no allegation of any physical aggression by the police whatsoever...There also don't appear to be any allegations of verbal abuse by the police either.
Just the initial hands-up order, (which they weren't required to do for any great length of time) followed by 20-45 minutes of being kept at the scene while the cops verified what they were saying. (Which may have been inappropriate; I don't know what the procedural rules in this situation are. Maybe it's the case that absent any evidence or reasonable suspicion of a crime they shouldn't have been detained at all; as I said I don't know what the protocols are for this.)
One thing does seem clear to me. Wherever these Air BnBs are going to be permitted to operate, there must be much better communication about it with both the neighborhoods they are operating in and local law enforcement. (In another article I read about this, it was reported that one of the cops apparently told the group that he had never even heard of Air BnB. )
People who operate Air BnBs should be required to make some effort to inform the other residents of the neighborhood about it, (posting notices on telephone poles, hanging fliers on front door handles, etc.) and also to contact the local police station to let them know they are operating an Air BnB.
For their part, the police departments have an obligation to then make sure all the cops on the beat in the area know about it, so they can respond to a report of "suspicious looking people with luggage" appropriately.






