Judgment time is
approaching for Joe Arpaio, the man who calls himself “America’s Toughest
Sheriff.”
The
controversial law enforcement chief of Maricopa County, Ariz., soon will hear a
federal judge’s ruling in a class-action lawsuit charging a pattern of racial
profiling in the targeting and detention of Latino drivers and passengers during
traffic stops. Closing arguments were heard this week.
Meanwhile, the
U.S. Justice Department is proceeding with its broader discrimination case
against Sheriff Arpaio, the department he oversees, and Maricopa County
itself.
“Latinos in
Maricopa County are frequently stopped, detained, and arrested on the basis of
race, color, or national origin, and Latino prisoners with limited English
language skills are denied important constitutional protections,” the Justice
Department charges. “As a result of the pattern or practice of unlawful
discrimination, Latinos in Maricopa County are systematically denied their
constitutional rights; the relationship between MCSO [the Maricopa County
Sheriff's Office] and key segments of the community is eroded, making it more
difficult for MCSO to fight crime; and the safety of prisoners and officers in
the jails is jeopardized.”
While Arpaio
vigorously denies the charges in both cases – he refused to cooperate in an
earlier Justice Department investigation, calling it "a political witch hunt" –
his controversial approach to law enforcement and his outspoken opposition to
illegal immigration may be chipping away at the personal popularity as well as
the political support he’s enjoyed over his six terms as
sheriff.
A recent poll of
600 likely voters in Arpaio’s race for another term showed his favorability
rating dropping to just over half (53 percent) with 65 percent opposing what
they see as Arpaio's politicizing of the office – specifically, Arpaio’s
controversial volunteer “Cold Case Posse” questioning the legitimacy of
President Obama’s birth certificate, an issue that seemed to have nothing to do
with the debate over immigration enforcement.
Still, 76
percent of respondents to the poll, which was conducted by a group critical of
Arpaio, give him high marks for being tough on crime. And Arpaio seems to
welcome publicity and controversy – good or bad. He granted interviews and
encouraged the 6,000-word profile in the current issue of Rolling Stone
magazine, which describes him as “America's meanest and most corrupt
politician.”
And in a state
that has seen much political turmoil over illegal immigration, including a U.S.
Supreme Court decision in June that struck down most provisions of Arizona’s
tough law, Arpaio’s position on the issue does not necessarily provoke a fight
from those who would challenge him – other than that it’s a distraction from
fighting other crimes.
In a new ad this
week, Democratic challenger Paul Penzone, a retired Phoenix police officer,
charges that Arpaio’s office mishandled 400 sex crimes – including those
involving children (a point made in the Justice Department investigation as
well). “This will never be tolerated under my watch,” Mr. Penzone says in the
ad. In another ad, Penzone says that Arpaio’s joining the “birther” movement
questioning Mr. Obama’s citizenship “is an insult to law
enforcement.”
But ousting
Arpaio is likely to be an uphill battle. He has nearly $7 million in campaign
funds – most of it from out-of-state donors. Penzone last reported $140,000 in
campaign funds, and he still faces a party primary later this
month.
Arpaio has
repeatedly denied charges that his department discriminates against Latinos,
saying his deputies only stop people when they think a crime has been
committed.
The plaintiffs in the class-action lawsuit, who argue that Arpaio’s departmental policies violate the rights of Latinos under the Equal Protection Clause and the Fourth Amendment to the U.S. Constitution, aren't seeking monetary damages, the Associated Press reports. Instead, they want a declaration that Arpaio's office uses racial profiling and an order requiring policy changes. If Arpaio loses the civil case, he won't face jail time or fines. CS Monitor
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