License And Registration: Philadelphia Cops Caught In The Crossfire Over Traffic Stops

On Tuesday, July 26, 2021, the Pittsburgh and Philadelphia Police departments nearly had their state accreditation revoked. This all came to a head because they enacted policies that attempted to push back on municipal ordinances and state laws to reduce traffic stops, which were characterized as “an effort to prevent police stops that could turn deadly for Black and brown people.” In Philadelphia, the “Driving Equality Bill” was passed in 2021, prompting Philadelphia Police Commissioner Danielle Outlaw to comply with Mayor Jim Kennedy’s executive order 6-21, restricting officers from making traffic stops to enforce eight sections of the Pennsylvania Vehicle Code.

In April, the Pennsylvania Law Enforcement Accreditation Commission (PLEAC) sent a letter to Police Commissioner Danielle Outlaw and then-Pittsburgh Police Chief Scott Schubert to notify them that their enacting of official department policies to comply with municipal ordinances that attempt to supersede the Pennsylvania vehicle code means that their departments “are no longer in full compliance with the state’s Accreditation Program and Standards.”

On July 26th, the board met and scheduled separate hearings for Philadelphia and Pittsburgh leading to votes on their accreditation status. 

Philadelphia Police Commissioner Outlaw and her legal advisor, Inspector Healy, made a case that slightly differed from PLEAC’s interpretation. Their municipal ordinance merely downgraded eight sections of the vehicle code from primary violations – where an officer can make a stop on observation – to secondary ones in which a citation can be issued once a stop for another offense was initiated (such as a seat belt violation). Commission members, who are all acting law enforcement chiefs throughout the state and casted a 10-8 vote, had originally considered a 90-day stay on the department’s status. However, several board members told local news outlet Broad + Liberty under a condition of anonymity that they were voting to allow the department a 90-day waiver, but they had voiced their belief that the City of Philadelphia was not in compliance.

According to board members, the Pittsburgh Police delegation did not show up at the meeting. Therefore, their accreditation status still remains in jeopardy.

In gaining PLEAC Accreditation, police agencies have to comply with standard 1.1.1, which requires:

“A written directive requiring all law enforcement personnel, prior to performing their sworn duties, to take and subsequently abide with an Oath of Office to support, obey and defend the constitution of the United States and the Pennsylvania Constitution and the laws of Pennsylvania and the governmental subdivision and that he/she will discharge the duties of the office with fidelity. 

Newly hired law enforcement officers, in a manner prescribed by the agency, shall also acknowledge that they will uphold, obey and enforce the law without consideration to a person’s race, color, sex, religious creed, sexual orientation, age, national origin, ancestry, handicap or disability.”

PLEAC Accreditation Program Coordinator for the Pennsylvania Chiefs of Police Association, James Adams, stated that the Philadelphia Police Department Commissioner and Accreditation Manager were sent the April letter advising them that “it came to the attention of the Pennsylvania Law Enforcement Accreditation Commission (PLEAC) that with the enactment of City Code § 12-1700, Driving Equality law, Executive Order 6-21 Philadelphia Police Department is no longer in full compliance with the Accreditation Program and Standards.”

This is due to the commission’s standards requiring the city to have “a written directive requiring all law enforcement personnel to support, obey and defend the constitution of the United States and the Pennsylvania Constitution and the laws of Pennsylvania.”

PLEAC Board member, Chief Patrick Molloy of the Abington Township Police Department said, “The ordinance itself is not in compliance with PLEAC standards. This prohibits police officers from the type of proactive policing that results in a reduction of crime and an improvement of quality of life.” 

“At a time when police reforms are requiring police departments to be more accountable and professional, this ordinance concedes that police officers are incapable of applying the law without consideration to race, which is why it’s not in compliance with our oath and with accreditation standards.” 

By passing these ordinances, James Adams argued that the Cities of Philadelphia and Pittsburgh are trying to supersede constitutionally legislated state law with municipal ordinances, putting law enforcement officers at odds with their oath of office, by barring them from enforcing eight sections of the state’s vehicle code. 

Had the Pittsburgh Police Chief or Philadelphia Police Commissioner and their staff pushed back on these ordinances or come up with a creative solution – such as allowing officers to make stops but only issue written warnings as opposed to fines for these minor issues – these departments’ accreditations might not be in jeopardy.

“The PLEAC solicitor has verified that, by law, a first-class city [Philadelphia] or second-class city [Pittsburgh] does not have the authority to supersede state law.” said Adams. 

Max Weisman, communications director for Philadelphia City Council member Isaiah Thomas who sponsored Philadelphia’s Driving Equality

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