Eagle Settlement Mandates "What APD Should've Done All Along"

By Jim Burress

Atlanta, GA – Patrons of the Atlanta Eagle, a Midtown gay bar, say in the early morning hours of September 10, 2009, Atlanta Police detained them, demanded their IDs, then held them for hours. No patron was accused of a crime.

That led to fifteen months of litigation, settled Wednesday with the city agreeing to pay plaintiffs more than $1-million. The Atlanta Eagle settlement also means sweeping changes to policies top officers once defended.

At a press conference shortly after the raid, then-Chief Richard Pennington said APD was just following policy.

"Now, if [officers] ran the person's name through, we do that in normal procedures to make sure the person is not wanted," Pennington said in September, 2009.

Fast-forward 15 months, and Wednesday's federal settlement dictates a specific change in that policy, as well as others.

Now, in order for police to demand your ID and run a background check, an officer must reasonably suspect you're doing something illegal.

That's just one of nine policy and procedural changes APD will make in the next six months.

The largest change is the most simple: APD must revoke or amend all policies that are unconstitutional. "Pretty much all of these requirements are just reminders they [officers] need to follow the law," said WABE legal analyst Page Pate.

The other eight provisions are more specific.

Officers must wear visible nametags or identify themselves upon request.

Anyone can record police activity.

Officers must document circumstances surrounding stops and searches that happen inside buildings.

Police must be formally trained on the law, something plaintiffs' attorney Dan Grossman says many officers might have lacked. "This is a wonderful teaching mechanism so now they do understand it," Grossman said.

APD agrees to investigate and rule on citizens' complaints within 180 days.

Finally, the department must investigate individually the officers involved in the Eagle raid to determine if they told the truth, and acted both professionally and lawfully.

WABE Legal Analyst Page Pate says having all of these changes spelled out in writing sends a clear message:

"If you violate these provisions again, I expect the settlement or the verdict will be a lot more than a million dollars."

APD declined to comment on the settlement, but APD spokesman Carlos Campos did issue the following statement:

"The Atlanta Police Department is committed to complying with the court order, which sets forth reforms required to be implemented within 180 days. The settlement is specific in its requirements, including conclusion of the OPS investigation."

Jim Burress, WABE News.