Oh, I agree. Please read again what I wrote - we need a law to make explicit that police interference with that right will be punished by more than a departmental wrist slap.
There already is a law, just not a state one. Between this law and the 14th Amendment, you've got quite a punishment on tap:
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Sec. 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or
custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution or
laws of the United States, or to different punishments, pains, or
penalties, on account of such person being an alien, or by reason of his
color, or race, than are prescribed for the punishment of citizens,
shall be fined under this title or imprisoned not more than one year, or
both; and if bodily injury results from the acts committed in violation
of this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire, shall be
fined under this title or imprisoned not more than ten years, or both;
and if death results from the acts committed in violation of this
section or if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse, or an attempt to commit aggravated sexual
abuse, or an attempt to kill, shall be fined under this title, or
imprisoned for any term of years or for life, or both, or may be
sentenced to death.
And:
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Sec. 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or
intimidate any person in any State, Territory, Commonwealth, Possession,
or District in the free exercise or enjoyment of any right or privilege
secured to him by the Constitution or laws of the United States, or
because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the
premises of another, with intent to prevent or hinder his free exercise
or enjoyment of any right or privilege so secured--
They shall be fined under this title or imprisoned not more than ten
years, or both; and if death results from the acts committed in
violation of this section or if such acts include kidnapping or an
attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill, they shall be fined
under this title or imprisoned for any term of years or for life, or
both, or may be sentenced to death.
As well as a prohibition against Unions hindering such disciplinary action. Some departments would love to get rid of their incompetent "employees" but the Unions are all in lockstep when it comes to blocking any action like this. Chief's now apparently have to "negotiate" with the Union in order to even reassign officers if the new assignment "offends" the disciplined officer.
At least the Post Office knew how to deal with that. They'd just assign the worthless employee a "desk job" and then never give them any work. After they were about to die of boredom, the'd quit.
Last I checked, you can't make a legal contract to violate the law without voiding the contract. It wouldn't matter what the police union's deal with a city or state says, if the law says otherwise.
