Black running group sues Newton, BAA over police blockade during last Marathon

A group of Black women who tried to cheer on Black Marathon runners yesterday sued Newton and the BAA to demand they not be physically separated from runners like they say they were during last year's Boston Marathon.

In the lawsuit, filed in US District Court in Boston, members of TrailblazHers Run Co. are also seeking damages large enough to make the police and race organizers think twice about even thinking of doing that again.

The group alleges that 100 mostly Black people gathered at Mile 21 to cheer on Black runners - found themselves harassed and bottled up by Newton cops with bikes, allegedly for getting onto the race course in the same exact way other specatators have long done without police bullying, like the screaming students of Wellesley College.

On Marathon Day in 2023, acting in concert with the BAA, the Newton Police Department singled out spectators from TrailblazHers Run Co. and other running crews that serve primarily people of color, racially profiling, targeting, and harassing them. This culminated in NPD officers forming a human barricade to physically separate the running crews of color from the event. Similarly-situated white spectators received no such treatment. While white spectators viewed and enjoyed the event in peace, the people of color were racially profiled and discriminated against.

The complaint gives the group's side of what happened specifically:

Plaintiffs arrived at Mile 21 at approximately 5:30 A.M. on April 17, 2023, to set up tents, including one for the DJ, prepared cheering materials such as pompoms and confetti cannons, and arranged grills for food. As more members joined, the atmosphere became vibrant with support for their fellow runners.

Around 12:30 P.M., a spectator of color joyfully celebrated by launching a confetti cannon as a known runner passed the Mile 21 cheer zone. In response, an NPD officer, Paul Boyle, immediately approached. The officer fisted the front of the spectator's shirt, demanded identification, and threatened an arrest for allegedly running in the course. The spectator remained calm and explained to the officer that he was not obstructing any runners. The incident heightened tensions among many members of Plaintiffs' running crew who observed the police misconduct. Plaintiffs and other members were also confused by the NPD police reaction, as it is not uncommon for marathon spectators to briefly enter onto the course in moments of excitement.

Approximately fifteen minutes later, Plaintiffs noticed NPD officers continuing to yell and instruct spectators in TrailblazHers' Mile 21 cheer zone to move back, even though no one was obstructing runners. Plaintiffs did not observe Officer Boyle, or any other NPD officer, instructing white spectators in nearby cheer areas to move back.

NPD's presence and conduct was creating apprehension, fear, and tension. NPD officers continued to harass and hassle this specific Black cheer area. Many of TrailblazHers' members became upset and cried out of frustration as they observed only their section get penalized for celebrating and demonstrating excitement. Many asked themselves, "why us?" NPD's actions made Plaintiffs and their members feel unsafe and unwelcomed, both in the neighborhood and at the marathon. ...

Witnessing running crew members becoming upset and tearful at the officers' actions made Plaintiff Powder, Rock, and Ramirez anxious, fearing a potential escalation. As Black women who have experienced past negative encounters with law enforcement, they were acutely aware of the risks of escalation when people of color are surrounded by police.

As the law enforcement response unfolded, NPD officers stated that they were responding to a complaint from the BAA. To address this matter, Plaintiffs' guest contacted Suzanna Walmsley, BAA's Director of Community Engagement and a leader on the Running Collaborative Steering Committee, and expressed concerns about NPD officers surrounding the running crews. Walmsley was asked to call them off.

After a few minutes, NPD officers left the scene briefly. However, Plaintiffs' peace was again disrupted moments later when an even larger group of approximately twenty NPD officers on bikes reappeared and formed a human barricade along the course, physically separating the Plaintiffs and their members from runners, obstructing their view, and preventing them from seeing passing runners in order to cheer them on. Additional NPD officers on motorcycles stationed themselves on the street behind the Plaintiffs' cheer zone, effectively surrounding and penning in the people in the cheer zone of color.

Plaintiffs were taken aback by the substantial police presence and show of force. They feared for the safety of their members who were spectating, and also for the safety of those running. Many BIPOC runners were shocked to see police officers concentrated at the only section of the marathon route with many spectators of color.

Despite efforts by several TrailblazHers' leaders to deescalate the situation with the officers, the officers remained unresponsive and unwilling to engage.

On information and belief, BAA did not direct a similar police response, and NPD did not engage in a similar police response, to other similarly-situated groups of non-Black spectators. The NPD officers' actions inflicted significant emotional distress and lasting damage to the dignity of Plaintiffs. Plaintiffs Powder, Rock, and Ramirez struggled to sleep the nights following the incident, affecting their daily life and performance at work. The incident dominated Plaintiffs' mental health for months, highlighting its profound impact.

The complaint lists several examples of behavior by White spectators that did not result in them being surrounded by uniformed officers:

For example, just before reaching Mile 21, around Mile 15, a Wellesley family hosted a block party for runners, featuring a 10-foot blue and yellow balloon arch placed within the course for runners to pass through. In contrast to Plaintiffs' cheer section, this area, comprising mostly of white spectators, lacked police presence or instructions to stay off the course. No one threatened or intimidated the white spectators to remove the obstructing balloon arch.

In another instance, as seen in a viral Tik Tok video, a white male spectator offered a doughnut to runners, and then ran alongside the man who finally accepted it. Yet no BAA officials or police officers intervened.

The suit formally charges Newton, Newton Police and the BAA with violating the Black spectators' rights to equal protection and public accommodation and conspiring to violate their civil rights.

Complete complaint (5.1M PDF).