Statement of Commissioner Gail Heriot in the U.S. Commission on Civil Rights’ Report on Targeted Fines and Fees Against Communities of Color: Civil Rights and Constitutional Implications

Abstract

In September of 2017, the U.S. Commission on Civil Rights issued a report entitled, Targeted Fines and Fees. This Statement was part of that report. It supports some aspects of the report and critiques others. In particular, it agrees with the report that some cities and towns derive a substantial portion of their revenues from fines and fees rather than taxes and that this can be a formula for mischief, especially when those paying the fines and fees tend to be non-voters. The rural town with a speed trap designed to ensnare out-of-state drivers is the classic example of this, but there are other examples of cities and towns that have developed a “culture of revenue maximization” rather than a culture of just and fair law enforcement. Heriot also states that evidence that the cities and towns that engage in these practices are motivated by race is lacking.

Keywords: fine, fees, municipal finance, civil rights, race discrimination, equal protection

JEL Classification: A00, A10, K10