To the editors:
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As originally conceived and carried out, Operation Clean Sweep imposed substantial restrictions on the civil liberties of Chicago’s public housing residents. As described in the article, before the ACLU’s lawsuit was filed Operation Clean Sweep employed CHA personnel and Chicago police officers to conduct indiscriminate, mass searches of the personal property of CHA tenants, including looking through closets, dresser drawers, handbags, bedclothes, etc. These searches were conducted whether or not there was any suspicion that those tenants had done anything unlawful. With absolutely no legal justification, these government officials also frisked CHA tenants and their guests. Furthermore, the CHA imposed a complete ban on overnight visitors for CHA tenants. This restriction not only violated rights of association protected by the First Amendment, but also was a substantial hardship on CHA tenants, who had to deal with practical problems concerning child care arrangements and out-of-town guests when these restrictions were in effect.
One of the most significant elements of the consent decree was the CHA’s and the City of Chicago’s agreement that personal searches of CHA tenants, guests and personal property would no longer be permitted in conducting the sweeps. Accordingly, the types of intrusive searches described in your article are now forbidden, and the CHA and Chicago police are subject to contempt of court if such searches occur. Furthermore, the CHA agreed to lift the ban on overnight visitors. Under the decree, Chicago Police Department officers may no longer participate in the inspection of individual apartments, and may not even enter an apartment unless they have independent legal justification to do so. The inspections may be conducted only for limited purposes, and may not be used as an excuse to carry out investigations of criminal conduct. The CHA has committed itself under the consent decree to carry out these sweeps solely to inspect the physical condition of apartments and to identify and remove trespassers.
Staff Counsel
