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On The Front Lines

Rutherford Institute Urges Congressman Perriello to Investigate Report of Fourth Amendment Violation by Census Worker

CHARLOTTESVILLE, VA--John W. Whitehead, president of The Rutherford Institute, is urging Tom Perriello (D-VA) to press for an immediate investigation into an incident involving a resident of Albemarle County whose family and home were allegedly subjected to unreasonably intrusive acts by a federal agent purporting to carry out the work of the Census Bureau. In a letter sent out today, Whitehead called on the Congressman to protect residents of Charlottesville and Albemarle County from potentially aggressive behavior and possible violations of their constitutional rights by Census Bureau workers.

A copy of the Institute's letter is available at available here.

"The federal government has a duty to ensure that fundamental privacy interests are not in any way infringed upon during its efforts to carry out the decennial census," said John W. Whitehead, president of The Rutherford Institute. "This duty is further burdened by a responsibility to ensure that Census Bureau workers, temporary or otherwise, have a clear understanding of the department protocol and constitutional restrictions against governmental invasions of privacy."

According to Albemarle County resident Susan Broadwater, on or about May 10, 2010, a male Census Bureau worker knocked on the front door of her residence. Ms. Broadwater being asleep and the front door being temporarily inaccessible, her son directed the worker to meet him at the basement door, whereupon he informed the Census Bureau worker that his mother was not available, suggested that the worker return at a later time, and proceeded to close the door. The Census Bureau worker, insistent that the son answer the questions, stuck his foot in the door and illegally entered the premises of Ms. Broadwater's home. Having gained entry to the house, the Census Bureau worker subsequently began to vigorously question Ms. Broadwater's son, who is half Chinese, especially about his ethnic heritage. The Census Bureau worker allegedly remarked that the son looked Hispanic or Latino and repeatedly asked whether any persons of Hispanic, Latino or Mexican descent lived in the house. Despite being informed that only two persons live in the house, neither of whom are Hispanic or Latino, the Census Bureau worker continued to question the young man concerning the presence of any Hispanic or Latino persons in the house, including inquiries as to the presence of any Latino, Hispanic or Mexican babies in the house over the age of 1. As Whitehead pointed out in his letter to Perriello, Ms. Broadwater "has yet to receive any acknowledgment that the incident is under investigation. Nor has she been given any explanation or apology for this Census Bureau worker's intrusive behavior and his seeming fixation with conducting discriminatory (and highly inaccurate and invasive) racial profiling on those of Hispanic heritage."


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