That's like saying New York City's prior "stop and frisk" policy wasn't discriminatory, just that it was applied in discriminatory ways. If you have a policy t

That's like saying New York City's prior "stop and frisk" policy wasn't discriminatory, just that it was applied in discriminatory ways. If you have a policy that can be applied in discriminatory ways then I would argue that it is discriminatory unless the text of the policy limits its application in some way to reduce or prevent its discriminatory application.