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federal courts, including our own 6th Circuit U.S. Court of Appeals. (See United States v. Ellison, 462 F.3d 557 (6th Cir. 2006).) Oakwood finds this tool particularly useful to ensure a safe community. There can be no question that unlicensed, uninsured, or suspended drivers pose a danger to everyone, and there is value in detecting these offenses when they occur.

From January 1, 2016 through October 28, 2019, the Oakwood Public Safety Department made 152 warrant arrests. These arrests originated from a variety of scenarios including: 1) investigation of suspicious persons; 2) dispatch calls for service; 3) routine field interviews; 4) other local agencies locating a subject on an Oakwood warrant; and 5) traffic stops. Of the 152 arrests, 34 were a direct result of random license plate checks. Nearly one quarter of the persons with arrest warrants were found via random license plate checks. It is also important to note that when running license plate checks, officers must obtain additional information before they have sufficient probable cause to make a traffic stop for any reason other than an outstanding warrant. When a plate check identifies a licensing issue, it only indicates that the vehicle's registered owner has an outstanding licensing issue. The officer must confirm that the person driving matches the description of the registered owner, and this must occur before initiating the traffic stop. Although license plate checks are an important and valuable policing tool, they are only one small part of the Oakwood traffic enforcement program.

In 2016, the year that was analyzed by ABLE, the Oakwood Public Safety Department made 392 traffic stops through the use of random license plate checks, stops that resulted in the operator receiving a traffic citation for a suspended driver's license or driving without a license. Of those 392 stops, 143 involved black drivers. During the same year, the Safety Department conducted 4,302 traffic stops. Of these traffic stops, 2,216 or 52% resulted only in a warning to the driver. The legal, lawful, and standard practice of conducting license plate checks accounts for only about 9% of our total enforcement activity, and just 3% of our total enforcement activity involved license plate stops of black drivers. The two streets where license plate checks are most often conducted are Far Hills Avenue and Shroyer Road. The daily vehicle traffic volume on these two streets is about 29,000 cars per day or 10.6 million vehicles annually. (Source: Miami Valley Regional Planning Commission)

THE OAKWOOD MUNICIPAL COURT

Oakwood has its own municipal court and employs a city prosecutor. The prosecutor and court operate in compliance with all state laws and the court is recognized as well run and fair to all. There is no evidence to suggest that persons of any race or ethnicity are treated differently in the Oakwood Municipal Court. The Oakwood Municipal Court operates a driver's license intervention program to assist those who are cited for driving while unlicensed or under suspension. Through this program, many participants have been successful in resolving outstanding suspensions, forfeitures, and warrant blocks, earning substantial charge reductions and exiting the program with a valid driver's license and automobile insurance.

PERCEPTION OF OAKWOOD

Some people perceive Oakwood as unwelcoming to minorities. This is an image assigned decades ago, but it is not an accurate description of our community today. Oakwood has become more diverse over the past decade or two and we believe that this positive trend will continue.

ACTIONS THE CITY WILL TAKE

The ABLE report recommended that Oakwood commission an independent study of its current traffic stop data, and adopt policies and provide training to ensure that all people driving in Oakwood are treated fairly and without discrimination. In subsequent meetings with city staff, the ABLE authors also requested that the Oakwood Public Safety Department discontinue the use of random license plate checks.

The city will not commission an independent study because an independent study would not change the fact that the ABLE report cannot be interpreted meaningfully without additional data that is both unknown and unknowable.

In the delivery of public services, the city continuously looks for opportunities to improve. Notwithstanding that the ABLE report is inconclusive at best or invalid at worst, the city will take the following actions:

1.
We will continue to regularly review and update as necessary our existing anti-bias policies to reflect law enforcement best practices. A copy of our existing policy, which has been in place since 2012, is attached hereto as Exhibit D;