October 13, 2015 Dear Council Member Kitchen, On behalf of the Austin Area Urban League and Austin Branch of the NAACP, we write to express our opposition to fingerprint-based background checks for Transportation Network Company (TNC) drivers.
Since the adoption of Austin’s TNC ordinance last year, historically underserved minority
communities have been experiencing the great economic benefits that come with TNC  partnerships. TNCs are increasing mobility in traditional transportation deserts and providing meaningful earning opportunities to many who need it. In addition to the economic benefits afforded to drivers who are earning good money driving on their own schedule, TNCs have provided a color blind transportation option as drivers are unable to see what a rider looks like or where they are going before they accept a trip request. TNCs are a reliable transportation option for all Austinites, regardless of where they live or what they look like. We are particularly concerned with a proposed provision that disproportionately impacts low-income individuals and minorities in Austin: fingerprint-based background checks. The practice of using fingerprints to access a background database is not a real safety measure as it all-too-often captures onl
y an individual’s arrest, not
their conviction. As a result, this practice would
disproportionately harm Austin’s African
-American and Hispanic populations as they are already disproportionately arrested, but not necessarily charged or convicted of any offense. For example, according to a
USA Today
study, African-Americans are arrested at a 3:1 ratio compared to white residents in Austin, despite representing fewer than 5 percent of the  population. Yet the Texas Department of Public Safety recorded a final judgment for only 80  percent of arrests in 2012, according to the most recent statistics available.
 
 
Thus this provision could unfairly and inadvertently disqualify many in our community from accessing economic opportunities.
 
Furthermore, we know that the added time and financial cost of requiring drivers to undergo two  background checks will add new and unnecessary barriers to the process, preventing people who are low-income from driving on rideshare platforms to make extra money. Given that many  people
rely on TNCs as a means to make ends meet, we’re also concerned that imposing
additional costs of finding childcare and forcing people to take off time from their day job in
order to complete the city’s duplicative process will only present further challe
nges for families. As a result, the people who need this flexible earning opportunity would be hurt the most.
 
The City of Austin’s current ordinance on TNCs is creating tremendous benefits in Austin. With
this in mind, we respectfully ask you to reverse the fingerprint-based background check
recommendation. We agree with the Austin Transportation Department’s March 2015 recommendation that there is no need to change TNCs’ background check process. Rather than  jeopardize all the progress that’s been made
, we urge the City Council to build on the successes
of the past year and embrace the city’s current TNC framework that’s bringing jobs and
transportation choices to communities that need it.
 
Sincerely,
 Nelson Linder 
 
Teddy McDaniel Nelson Linder Austin Area Urban League Austin Branch NAACP
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