Boston Marathon Discrimination Suit Filed Against Newton Police, BAA

NEWTON, MA — A national running group that claims its members were racially profiled and harassed during last year's Boston Marathon filed a federal lawsuit against the Newton Police Department and Boston Athletic Association on Thursday seeking redress for emotional distress and trauma from last year's race and it said to help ensure there is not a repeat of the actions at the 2024 race on Monday.

Representatives from TrailblazHers Run Co. said they were cheering on runners — with a focus on BIPOC race participants — at Mile 21 of the race in Newton when city police set up restraint lines in front of them that were not in proportion to the attention and restrictions shown to other spectators throughout the rest of the course.

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A statement from the lawyers representing the group said members were gathered with food, music, signs, and confetti to cheer on their fellow runners and that they were seeking to "build community and celebrate the joy of the Boston Marathon like everyone else."

But what ensued, the group claims, was multiple hours of police barricades, surveillance, harassment and escalation, when the NPD — upon BAA request and approval — targeted the Black spectators and formed a human barricade separating them from the course.

"Today, we send a clear message to the BAA and to all police departments along the Marathon route: the law does not tolerate racial profiling," said Mirian Albert, Senior Staff Attorney at Lawyers for Civil Rights. "We are prepared to seek immediate court intervention if BAA or local
police engage in the type of discriminatory conduct that spectators of color endured last year in Newton."

Newton police said in response to the claims last April that their presence was requested three times by the BAA regarding spectators going beyond the rope barrier and impeding runners and that they "responded respectfully" by repeatedly requesting that spectators stay behind the rope and not encroach on the course.

"When spectators continued to cross the rope, NPD with additional officers calmly used bicycles for a short period to demarcate the course and keep both the runners and spectators safe," the 2023 statement said.

Newton Police Chief John Carmichael issued a statement on social media Friday afternoon saying that he refutes details as stated in the lawsuit and stands by both his decisions and the actions of the NPD officers in 2023.

"I unequivocally contest the document's substance as presented," he said. "I stand by my decisions that day and, more importantly, I stand by our officers who acted appropriately, respectfully and as expected.

"This year we will again be focused on ensuring everyone stays safe on Marathon Monday and I look forward to a great event for all."

The running group said other groups of spectators — who were mostly white — engaged in the same celebratory activities considered standard for Marathon day but received no BAA or police response.

"They were permitted to enjoy the public event in peace," the lawsuit news release said. "Meanwhile, Black spectators were overpoliced and targeted for expressions of joy and cheer that are part of marathon culture and tradition."

"I am deeply disappointed by the lack of attention that the BAA has given to our cause," TrailBlazHers founder Liz Rock said in the statement. "Over the years we have worked tirelessly to make running more accessible to BIPOC runners in Boston, and we expected the BAA to be a partner in this endeavor. However, their actions have not lived up to their words. They claim to want to elevate diverse leaders in the sport, but they have consistently fallen short of this goal.

"Nevertheless, we are a determined group committed to making a fundamental change in this community. We will continue to push forward and work towards our mission despite the obstacles that we have faced."

B.A.A. CEO Jack Fleming responded to a question about the lawsuit at Friday’s pre-race news conference: "I'm aware of the complaint. I have not had the opportunity to see it or read it. Our focus this weekend is on the 30,000 participants, all of the spectators, everyone coming into town.

"We want it to be a great race celebration of running of all of these eight cities and towns for the participants, the volunteers, and all the spectators."

The full complaint can be found here.