As of Kansas and Kansas Appleseed members’ First, Fourth and Fourteenth have been designated gang members by ACLU of Kansas. “So it has these sorts of
Center for Law and Justice alleges the Amendment rights. The deep implications for
Wichita Police Department’s use of a class-action suit chal- people’s First Amend gang list has disproportionately harmed lenges the “unchecked ment rights to associate
communities of color. and far-reaching” with people and to
According to the lawsuit, criteria Kansas law and Wichita express oneself.”
to be added to the list are “vague and police policy, and calls When they’re on the
broad and encompass a wide range of on Wichita to cease any list, individuals can face
innocuous, innocent and constitutionally current or future use of future legal difficulties
protected behavior.” Actions that could the list. or personal hurdles,
land you on the list — as outlined in According to Kansas plaintiffs said. Kansas
Kansas Statute — include wearing a Appleseed, Wichita is the law mandates judges
criminal street gang’s color, associating only municipal police set cash bail for those
with criminal street gang members or department in the state on the gang list at a
frequenting a particular criminal street currently using such a minimum of $50,000.
gang’s area. database. WPD did not Lead plaintiffs say that a Gang List is used by the Wichita police Exceptions may be
Committing or even being charged immediately respond to department to “unlawfully track, surveil, prosecute, and punish large given if the court deter-
with a crime is not a prerequisite to be a request for comment. swaths” of communities of color in the city. mines the defendant is
placed on this list, said Teresa Woody, The complaint says not likely to re-offend,
litigation director for Kansas Appleseed. the police department’s gang list is Wichita police. but in those cases, they must submit to
However, the legal and personal con- discriminatory toward Black and Latino Once an individual is placed on the intensive pretrial supervision.
sequences — which include intensive residents, with both Black and Browns list, they remain designated as active Repeated harassment
surveillance, traffic stops, and increased disproportionately represented on the list. or associate for a minimum of three Even for those who never come
bail — are often felt lifelong, she said. Once identified by police as gang years. If after three years there is no into contact with law enforcement, the
“They are targeting communities of members, people are placed on the list documented activity, the individual’s placement on the list can affect career
people, most of whom have nothing to without notice or opportunity to chal- status will change to inactive. However, outcomes. The alleged gang affiliation
do with gang violence or street gangs, lenge, the lawsuit says. The gang list and the name will remain on the list, and may come up on a background check
and many of whom have never even locations designated as gang territory are if the individual meets any of the initial because the police department contracts
been suspected of a crime,” Woody said. not available to the public, per Kansas criteria, the three-year period starts over. with entities like the Kansas Bureau of
“They’re up on the list with all these statute. “We’ve heard there are entire busi- Investigation, Woody said.
really horrible repercussions for their The only circumstance in which nesses and entire parts of neighbor- One of the named plaintiffs, a 26-year-
lives.” Wichita police policy calls for some form hoods where people can’t go, because old Black man, was placed on the list
By Noah Taborda The ACLU and Kansas Appleseed, of notice is when a juvenile qualifies as a if they do, they will be flagged either for
The Kansas Reflector
along with several individual and gang member or associate under criteria inclusion on the database, or they will
lawsuit filed last week by the group plaintiffs, assert the gang list is in Kansas law. Woody said children as be reassessed as active on the database,”
American Civil Liberties Union unconstitutional and violates community young as 12 years old, possibly younger, said Sharon Brett, legal director for the
Aof Kansas and Kansas Appleseed members’ First, Fourth and Fourteenth have been designated gang members by ACLU of Kansas. “So it has these sorts of
Center for Law and Justice alleges the Amendment rights. The deep implications for
Wichita Police Department’s use of a class-action suit chal- people’s First Amend-
gang list has disproportionately harmed lenges the “unchecked ment rights to associate
communities of color. and far-reaching” with people and to
According to the lawsuit, criteria Kansas law and Wichita express oneself.”
to be added to the list are “vague and police policy, and calls When they’re on the
broad and encompass a wide range of on Wichita to cease any list, individuals can face
innocuous, innocent and constitutionally current or future use of future legal difficulties
protected behavior.” Actions that could the list. or personal hurdles,
land you on the list — as outlined in According to Kansas plaintiffs said. Kansas
Kansas Statute — include wearing a Appleseed, Wichita is the law mandates judges
criminal street gang’s color, associating only municipal police set cash bail for those
with criminal street gang members or department in the state on the gang list at a
frequenting a particular criminal street currently using such a minimum of $50,000.
gang’s area. database. WPD did not Lead plaintiffs say that a Gang List is used by the Wichita police Exceptions may be
Committing or even being charged immediately respond to department to “unlawfully track, surveil, prosecute, and punish large given if the court deter-
with a crime is not a prerequisite to be a request for comment. swaths” of communities of color in the city. mines the defendant is
placed on this list, said Teresa Woody, The complaint says not likely to re-offend,
litigation director for Kansas Appleseed. the police department’s gang list is Wichita police. but in those cases, they must submit to
However, the legal and personal con- discriminatory toward Black and Latino Once an individual is placed on the intensive pretrial supervision.
sequences — which include intensive residents, with both Black and Browns list, they remain designated as active Repeated harassment
surveillance, traffic stops, and increased disproportionately represented on the list. or associate for a minimum of three Even for those who never come
bail — are often felt lifelong, she said. Once identified by police as gang years. If after three years there is no into contact with law enforcement, the
“They are targeting communities of members, people are placed on the list documented activity, the individual’s placement on the list can affect career
people, most of whom have nothing to without notice or opportunity to chal- status will change to inactive. However, outcomes. The alleged gang affiliation
do with gang violence or street gangs, lenge, the lawsuit says. The gang list and the name will remain on the list, and may come up on a background check
and many of whom have never even locations designated as gang territory are if the individual meets any of the initial because the police department contracts
been suspected of a crime,” Woody said. not available to the public, per Kansas criteria, the three-year period starts over. with entities like the Kansas Bureau of
“They’re up on the list with all these statute. “We’ve heard there are entire Investigation, Woody said.
really horrible repercussions for their The only circumstance in which nesses and entire parts of neighbor- One of the named plaintiffs, a 26-year-
lives.” Wichita police policy calls for some form hoods where people can’t go, because old Black man, was placed on the list
Wichita police.
Once an individual is placed on the
list, they remain designated as active
or associate for a minimum of three
years. If after three years there is no
documented activity, the individual’s
status will change to inactive. However,
the name will remain on the list, and
if the individual meets any of the initial
criteria, the three-year period starts over.
“We’ve heard there are entire businesses and entire parts of neighbor-
hoods where people can’t go, because
if they do, they will be flagged either for
inclusion on the database, or they will
be reassessed as active on the database,”
said Sharon Brett, legal director for the
ACLU of Kansas. “So it has these sorts of
deep implications for people’s First Amendment rights to associate with people and to express oneself.”
hen they’re on the list, individuals can face
future legal difficulties or personal hurdles, plaintiffs said. Kansas law mandates judges set cash bail for those on the gang list at a minimum of $50,000.
gang’s area. database. WPD did not Lead plaintiffs say that a Gang List is used by the Wichita police Exceptions may be
Committing or even being charged immediately respond to department to “unlawfully track, surveil, prosecute, and punish large given if the court deter-
with a crime is not a prerequisite to be a request for comment. swaths” of communities of color in the city. mines the defendant is
placed on this list, said Teresa Woody, The complaint says not likely to re-offend,
litigation director for Kansas Appleseed. the police department’s gang list is Wichita police. but in those cases, they must submit to
However, the legal and personal con- discriminatory toward Black and Latino Once an individual is placed on the intensive pretrial supervision.
sequences — which include intensive residents, with both Black and Browns list, they remain designated as active Repeated harassment
surveillance, traffic stops, and increased disproportionately represented on the list. or associate for a minimum of three Even for those who never come
bail — are often felt lifelong, she said. Once identified by police as gang years. If after three years there is no into contact with law enforcement, the
“They are targeting communities of members, people are placed on the list documented activity, the individual’s placement on the list can affect career
people, most of whom have nothing to without notice or opportunity to status will change to inactive. However, outcomes. The alleged gang affiliation
do with gang violence or street gangs, the lawsuit says. The gang list and the name will remain on the list, and may come up on a background check
and many of whom have never even locations designated as gang territory are if the individual meets any of the initial because the police department contracts
been suspected of a crime,” Woody said. not available to the public, per Kansas criteria, the three-year period starts over. with entities like the Kansas Bureau of
“They’re up on the list with all these statute. “We’ve heard there are entire Investigation, Woody said.
really horrible repercussions for their The only circumstance in which nesses and entire parts of neighbor- One of the named plaintiffs, a 26-year-
lives.” Wichita police policy calls for some form hoods where people can’t go, because old Black man, was placed on the list
in 2015 when he was 18. He said the designation came up in background check, and he was denied employment for it.
A common thread among all named plaintiffs is that they allege consistent and frequent surveillance, harassment and targeting by police for minor traffic infractions.
“I have gotten pulled over so many times with police using the gang list as an excuse to search my car — never receiving a ticket but constantly harassed,” said Dante Bristow, a youth leader of Progeny, an organization focused on reimagining the juvenile justice system in Kansas.
Progeny joined as a plaintiff in the class action lawsuit because the ban hinders its ability to carry out its mission. Members could face consequences for even associating with one another.
Another plaintiff, a 45-year-old Black man, has been on the list since 1997 when he was 22. He said he has been continuously listed as active on the gang list since then because he gathers with friends who are also on the list.
“Having an unverified and inaccessible gang list speaks volumes about the racial profiling, targeting and harassment of Black and brown people in our com-munity,” said Kristen Powell and NyKia Gatson, Progeny youth leaders. “If we continue to refuse to address lists such as the gang list, then we are refusing to address the legalized racism in our own community.”