Memphis Police Director Michael Rallingssaid in a video statement released late Mondaythat some of the names on a list of people requiring an escort in City Hall could be removed pending review, after a local attorney warned that MPD may have violated a federalorder banning political surveillance.
Rallings' YouTube video statement came after local attorney Bruce Kramer said the list may violate a federal court order issued in 1978 in response to a lawsuit he litigatedon behalf of the American Civil Liberties Union. The consent decree banned political surveillance following revelations the department spied on civil rights activists, war protesters and other "radicals" for years.
"There's no rhyme or reason," said Kramer, who is considering filing a class-action lawsuit over the list. "We don't know why the 81 people are on this blacklist. ... But we're definitely going to look into it."
Some people were added to the list after the "die-in" protest staged at Mayor Jim Strickland's home last December, Rallings said in his statement. However, he added, some of the people on the list likely should not have been placed there.
"(This authorization of agency) is a broad list which stems from the 'die in' which took place last year. Individuals (on the list) were believed to be affiliated with the 'die in' assembly, but after further review it appears that some names were listed in error. Keep in mind that the list is constantly being reviewed and evaluated. Due to the Memphis Police Department receiving an open records request that by law we must fulfill, we did not alter the list prior to releasing it to the public in an effort to remain transparent," Rallings said. "Once we have completed our review, and is deemed necessary, those names that should not be included will be removed."
Memphis Police Deputy Director Mike Ryall said late Friday he wouldn't reveal why specific people were on the list,which was made public that evening in response to an open records request.
Read the entire list by clicking here.
On Monday, Stricklandsaid that he had yet to schedule a meeting — promised in a statement Saturday — to review the list withRallings. City offices were closed for Presidents' Day Monday. But Strickland said city officials are reviewingthe policies related to the creation of the list and whether the city is in violation of the consent decree.
Memphis Chief Legal Officer Bruce McMullen didn't return a call seeking comment about the consent decree.
Although he wouldn't commit to changing the list before meetingRallings, Strickland said he is mindful of the free speech concerns for the people being shadowed by police in City Hall.
"I am concerned about that, and that's one of the reasons I asked for a review of the process," Strickland said.
Echoing a statement Saturday, Strickland claimed he was ignorant of the City Hall list until 10 days ago, although he acknowledged signingan "authorization of agency" form Jan. 4after some protesters peeked through hiswindows during the "die-in."The form is a certification that a property owner has warned certain people against trespassing on their property. Police recommended the names on the form, and later incorporated the form into the list without his knowledge, he said.
"I signed it," Strickland said, describing his part in creating the form.
Many of the people named in the form — a who's who list of protesters — say they were never notified they were banned from entering Strickland's property and weren't even at the "die-in."
Memphis City Hall requires police escort for Darrius Stewart's mother, protesters
The department is also violating a provision of the consent decree by not publicly displaying the no-spying policy on its website, Kramer said. In 2010, in response to reporting by The Commercial Appeal, the MPD posted the policy online and incorporated it into its policy andproceduremanual for the first time since the decree was issued.
"This is not the first time they've not done that," Kramer said of the city not following the decree.
Several people on the list and Kramer said they've contacted the ACLU, which is looking at the case.
Memphis Mayor Jim Strickland to review City Hall escort list
Shelby County doesn't have a "list" for the Vasco A. Smith Jr. Administrative Building across Civic Plaza from City Hall,but does require an escort for a "couple of people" posing a security risk, said County Mayor Mark Luttrell. Luttrell said he asked for details of the county's policy Monday and was told there wasn't one, that those decisions about escorts are made on a case-by-case basis.
"We really haven't had a need for it," Luttrell said of a formal list.
Included on the City Hall list are Mary Stewart, mother of Darrius Stewart, who was killed by Memphis police in 2015; activist DeVante Hill, a prominent protester in the Black Lives Matter protest that shut down the Interstate 40 Hernando DeSoto Bridge last July; the Rev. Elaine Blanchard, who officiated a gay marriage in Memphisthe day the U.S. Supreme Court ruled state bans on gay marriage were unconstitutional and who took part in Black Lives Matter protests last year; executive director Brad Watkins and organizer Paul Garner of the Mid-South Peace and Justice Center;and former University of Memphis basketball star and mayoral candidate Detric Golden, who was also involved in Black Lives Matter protests last year.
Standing in front of Memphis City Hall, Hill on Monday called on Strickland to explain and repudiate the list and said he would "absolutely" be interested in being a party to a class-action lawsuit against the city.
"This is definitelyan attack on activists," said Hill, who works with One Memphis One Vision. "It's definitelyan attack on our right to protest. And it's definitely an attack on our right not to be spied on."
Despite Strickland's statements to the contrary, Hill said Strickland knew — or should have known — about the list, and called on Strickland to apologize.
Hill said he believed he was blacklisted because Black Lives Matter protesters"caught them off guard" when they flooded onto the Interstate 40 Hernando DeSoto Bridge in July 2016, halting traffic for hours.
"Memphis has a problem and it's not crime. It's not its homicide rate," he said. "The big problem in Memphis is its government."
Watkinssaid the list revealed systemic problems at the Memphis Police that stretched further back into history than Strickland's term.
"This isn't a 'Strickland enemies' list; this is an 'MPD enemies' list," Watkins said.
But Watkins said Strickland's administration isn't being transparent about why police added protesters to the list. Watkins believes police targeted protesters for no other reason than that they were involved in protests related to policing — a typical approach for Memphis police.
"It's just another Monday in Memphis," Watkins said.
Reporter Jody Callahan contributed to this story.
Reach Ryan Poe atpoe@commercialappeal.comor on Twitter at@ryanpoe.
