There were new developments today in response to Monday’s controversy on Mile 21 of the Marathon. In addition to the BAA Response, Newton Mayor Ruthanne Fuller released a statement on the episode, and members of the City Council docketed an item requesting the Police Chief to appear before the Public Safety and Transportation Committee to provide specific information on the City’s response. Later on Wednesday, Lawyers for Civil Rights Boston submitted a formal public records request to the City for details around the Newton Police Department’s response and proposed next steps. Details of these developments are included below.
Mayor’s Response
On Thursday evening, Mayor Ruthanne Fuller issued a statement on the episode as part of her evening newsletter:
“The joint objective of the Boston Athletic Association, the City of Newton and the Newton Police Department is for everyone – runners and spectators – to have a safe and joyous Marathon Day.
The running clubs at the beginning of Mile 21 are terrific champions of a diverse and inclusive running culture. We love having them here in Newton on Marathon Day, cheering on runners as they approach Heartbreak Hill.
A responsibility of the Newton Police Department on Marathon Day is to respond to calls about spectators on the course to maintain a safe environment for the runners.
On Marathon Day, after being notified by the B.A.A. three times about spectators traversing the rope barrier and impeding runners, the Newton Police Department responded respectfully and repeatedly requested that spectators stay behind the rope and not encroach onto the course. When spectators continued to cross the rope, the NPD, along with additional officers, calmly used bicycles for a period to demarcate the course and keep both the runners and spectators safe.
We know this was very upsetting for these spectators. We have heard their deep concerns.
Police Chief John Carmichael and I look forward to speaking with the Pioneers Run Crew and the TrailblazHers Run Co. about what happened and how we can do better in the future, if and when that works for them. We look forward to welcoming these running clubs back next year. We will join in their enthusiasm, working with everyone to keep the day safe and joyous for athletes, spectators, volunteers and supporters.“
City Council Docketed Item
Councilors Lucas provided the text of an item docketed on behalf of himself and Councilor Emily Norton. At the time of this writing, it was unclear which other Councilors have signed onto the item. If the item advances under normal order, the hearing would occur on May 3.
“Councilors Lucas, Norton…requesting a discussion with the Chief of Police on security measures taken for the Boston Marathon, not limited to but including personnel hours and equipment used by the Police Department. Also requesting updates on any incidents, disturbances, interrogations, calls to dispatch, and/or arrests along the marathon route on April 17th.“
Councilor Lucas said he was reserving judgment on the matter pending more understanding of exactly what happened. “I look forward to a comprehensive discussion with all the relevant city parties. We don’t know all the facts yet.”
Records Request
On Wednesday afternoon, the City received a formal public records request from Lawyers for Civil Rights Boston, addressed to Mayor Fuller and Police Chief Carmichael with the subject line: Re: Racial Profiling at the Boston Marathon.
“We have received requests for legal assistance from both marathon spectators and runners who have consistently noted that police officers targeted and singled-out Black people for surveillance and aggressive treatment during the race. For example, officers surrounded Black people near mile marker 21 by lining up not only along the course path, but also behind them, giving the strong impression that the observers were not free to leave. This, in effect, exacted an illegal seizure in violation of the Fourth Amendment. Officers also threatened Black people with arrest and criminalization. Affected individuals consistently describe a barricade of police officers monitoring and surrounding Black spectators near Mile 21. Reports from non-Black observers and runners confirm and corroborate the racial profiling complaints, including efforts to block Black people from cheering the marathon participants through law enforcement tactics. Police did this to Black observers, but not to other spectators.”
The letter requests all records related to initiating and responding to the event and closes with requested next steps:
“In terms of next steps, we respectfully request an emergency meeting to discuss the urgent underlying public safety and racial profiling concerns. The meeting should include athletes, spectators, sports teams, and LCR attorneys to fully discuss the legal and community implications outlined above. Additionally, we urge you to immediately:
● Conduct an independent investigation of the Newton Police Department’s surveillance tactics and law enforcement practices in connection with the marathon.
● Review the Newton Police Department’s policies and procedures to root out racial profiling. This includes performing an equity audit and assessment of policing practices to ensure that current activities do not produce disparities along racial/ethnic lines. As a part of this review, implement unconscious bias and use of force training.
● Issue a public apology“
Newton Police Association
On Friday morning, Newton Police Association President John Panica wrote to the Mayor and City Council, defending the actions of the officers during the Marathon. He emphasized that officers “cannot pick and choose the calls [they] respond to” and that they “respond to them all without fail.” Panica pointed out that the media often neglects to cover positive actions by the police, such as rendering aid to top runners or reuniting lost children with their families. He expressed disappointment in the lack of support from elected officials, and urged them to “positively support and defend the Newton Police Department and the men and women in uniform.”
Ed. Note: This article has been updated to include a statement from the Newton Police Association.
