The U.S. Supreme Court on Tuesday vacated an appeals court ruling that supported a lengthy licensing process for hair-braiders in Missouri and ordered a judge in St. Louis to dismiss the case. The Supreme Court voided the 8th Circuit Court of Appeals opinion that upheld the previous cosmetology license requirements, because a new law, which is discussed in the background section, had already addressed it.
The Supreme Court didn't write a separate opinion, it simply reversed the 8th Circuit opinion. Therefore, the question of whether Missouri and other states within the 8th Circuit can require a cosmetology licensing for African hair braiders remains unanswered. However, the lawsuit which called the law into question in the first place is most likely the only reason the law was changed.
This case demonstrates why it is so important to understand and be able to use the law for your benefit. As we have said before, just because a law exists, doesn't mean it legitimate. You have a right and an obligation to question unfair and questionable laws!
Cases such as this is one of the reason Court.rchp.com exist; so people, especially those who have traditionally been oppressed can be empowered. Discover the hidden secrets of our legal and justice system with the information contained within Court.rchp.com.
African hair braiders sue over Missouri law
Ndioba Niang and Tameka Stigers are professional African-style hair braiders in Missouri, but are not licensed as cosmetologists or barbers. The Missouri Board of Cosmetology and Barber Examiners required hair braiders to be licensed as cosmetologists or barbers even though African-style hair braiding is not included in the cosmetology or barbering school curriculum, and the licensing tests barely test on subjects related to the practice.
In order to obtain a Missouri cosmetology license, one must pass a background check, undergo substantial training, and pass an exam. Before sitting for the exam, an individual must have: (1) graduated from a licensed cosmetology school with at least 1,500 hours of training; or (2) completed an apprenticeship of at least 3,000 hours; or (3) completed similar training in another state. Alternatively, obtaining a barbering license requires at least 1,000 hours of training at a licensed barber school or completion of an apprenticeship of at least 2,000 hours. Completing the necessary requirements for a license would have forced Ms. Niang and Ms. Stigers to incur significant costs for irrelevant training.
Four years ago, Ms. Niang and Ms. Stigers filed the federal lawsuit; they sued to vindicate their constitutional right to earn a living free of unreasonable government interference, and after losing in lower courts asked the Supreme Court to take their case. The original lawsuit, filed in 2014, complained that African-style hair-braiders were required to obtain a cosmetology license, which can cost thousands of dollars but doesn’t include any hair-braiding training.
When the lower courts considered the braiders’ challenge, they essentially ignored the evidence provided by the braiders that showed the licensing requirements were overly burdensome and did not sufficiently relate to the government’s asserted interests in public health and safety. In so doing, the lower courts applied a version of the rational basis test that is no more than a rubber-stamp of approval of government regulation. But that is not the proper application of the rational basis test.
The lawsuit was filed on behalf of Tameka Stigers, of Locs of Glory in St. Louis, and Ndioba “Joba” Niang, who runs Joba Hair Braiding in Florissant. Both have performed the hourslong braiding process for years without licenses and say they fear prosecution.
Joba Hair Braiding owner Ndioba Niang, a native of Senegal who later lived in France, said she completed 1,000 of the required 3,000 hours of cosmetology training at a cost of thousands of dollars before dropping out.
The Institute for Justice, which has filed suits across the country against regulation of various occupations, said the appeals court decision in the Missouri case was in conflict with other federal courts and the Supreme Court. Both the group and the Missouri attorney general asked the court to dismiss the case because of the change in the law, they said.
In May, the Missouri legislature passed a law easing requirements on hair-braiding that made the four-year lawsuit moot. Braiders are now exempted from the cosmetology license and a new specialty braiding license only requires that braiders pay a fee of $20, watch a four- to six-hour instructional video and submit to board inspections. Attendance at a licensed cosmetology school in Missouri can cost more than $16,000.
Fourteenth Amendment Jurisprudence
The Fourteenth Amendment states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.” Passed during Reconstruction, these provisions held the promise that freedman would finally be granted the same rights and protections as their white brethren. Yet less than five years after this amendment was enacted, the Supreme Court eviscerated the Privileges or Immunities Clause in what became known as the Slaughter-House Cases (1873).
There the Court held that the clause—which was supposed to protect substantive rights against state infringement—only guaranteed a limited set of federal rights, such as the right to access seaports, to use navigable waters, and to demand protection on the high seas (not exactly the key motivations for the Civil War). The ruling not only delayed the protection of African Americans’ civil rights, it left the Court’s Fourteenth Amendment jurisprudence hopelessly confused and contradictory.
Slaughter-House eventually led to the development of modern “substantive” due process doctrine as a makeshift bandage over the hole in the Fourteenth Amendment left by the unprotected privileges and immunities. While allowing the Court to protect some rights, the “incorporation” of certain rights through the Due Process Clause relegated other, often “economic” rights to second-class status. Instead of judges’ taking a hard look at the actual reasons a law was passed and asking whether the government has overstepped its constitutional bounds, infringements of the right to earn a living or the freedom of contract barely receive a passing glance. They are upheld unless nobody—not even the judge hearing the case!—could possibly imagine a legitimate rationale for the law. Suffice it to say, hardly any laws are struck down under this so-called rational-basis test.
What It Has to Do with Hair-Braiding
Enter Ndioba Niang and Tameka Stigers, both of whom are traditional African-style hair braiders attempting to support themselves by offering their services to willing customers. The Missouri Board of Cosmetology and Barber Examiners, however, demands that they first pay thousands of dollars to receive completely irrelevant training that has virtually nothing to do with hair-braiding. Applying the usual government-can-do-whatever-it-wants-regarding-economic-regulations level of judicial scrutiny, both the federal district court and the U.S. Court of Appeals for the Eighth Circuit upheld the licensing scheme.
You Shouldn’t Need a License to Braid Hair
This approach is wrong: ethically, historically, and legally. There is a long and well-documented history recognizing the right to earn an honest living as being at the center of the Anglo-American legal tradition and indispensable to the maintenance of a free and open society. Industry insiders often lobby for licensing laws and regulations—and then populate the boards or agencies tasked with enforcing the new rules as a means of limiting their competition. By contrast, those harmed are often politically powerless groups with limited means to fight back. But as long as the government says the magic words of “safety,” “health,” or “consumer protection” in asserting its restrictions, courts are content to turn a blind eye.
Because the right to earn a living is one of the basic rights that our Constitution was formed to protect, Cato has filed an amicus brief supporting the hair-braiders’ petition to the Supreme Court. We ask that the Court take Niang v. Tomblinson and establish that courts must meaningfully examine government incursions against this essential liberty, regardless where in the Fourteenth Amendment it finds the relevant right.
The background section was reprinted with permission under license from Cato at Liberty, with additional edits from other sources.
Thursday night, September 6th, while some people were contemplating burning their Nike gear because of an ad featuring Colin Kaepernick, a 26 year-old unarmed immigrant, Botham Shem Jean, was shot and killed while being black in his own home by a 30 year-old white female off duty Dallas police officer, Amber Guyger, after supposedly entering an apartment she mistakenly thought was her own.
Colin Kaepernick began his slient and peaceful protest, first by sitting and then by taking a knee during the playing of the national anthem. Kaepernick has clearly stated a number of times that his protest has nothing to do with disrespecting the flag or military, but is simply a stand against the killing of unarmed black men at the hands of mostly white police officers. Jean's killing is the most recent example of what Kaepernick's protest is about.
Guyger told police she thought she was entering her own apartment not realizing she was on the wrong floor; she thought her home was being burglarized and opened fire, shot him twice in the chest, and killed him. Guyger, off-duty but still in uniform, was returning home from either a 12 or 15-hour shift Thursday night; she said she mistook Jean's apartment for her own, which was a floor below in the same complex. Weird, given he had a red welcome mat at the door (she didn't) and presumably different stuff in his place, but okay.
Jean was a devout Christian and talented singer and worked as a risk assurance associate at PricewaterhouseCoopers. He earned a bachelor's degree at Harding University in Arkansas, where he had been a beloved worship leader. Jean described himself on LinkedIn as a "young professional, engaged in developing a career built upon integrity, dedication and relationships, leveraging useful technologies to gain an understanding of and add value in a range (of) industries, striving towards leadership in my career, my community and society." A college friend described him as "wildly popular, hugely successful, and an incredible leader…he was a gentleman and a scholar."
In an affidavit released Monday, Guyger made several shady new claims. She said Jean's door was open; she didn't know it was the wrong apartment until after she shot him; she saw "a large silhouette" – cue myth of the big black dude – as she entered; and Jean "ignored" her "verbal commands" – in, lest we forget, his own apartment. At least two witnesses refute her; they say they heard a woman knocking on the closed door and saying "Let me in,” and Jean was too “meticulous” to ever leave his door ajar. Also Guyger, it turns out, has been here before: In May 2017, Guyger was called to assist another officer searching for a suspect. An affidavit indicates a man identified as Uvaldo Perez got out of a car and became combative with Guyger and another officer. A struggle began and Guyger fired her Taser at Perez, who wrested the weapon away from her. Guyger then drew her gun and shot Perez in the abdomen, the affidavit says. Guyger was not charged in the case.
Dallas police requested an arrest warrant Friday for Guyger after Jean’s death was ruled a homicide; it wasn't issued until Sunday, reportedly because the Texas Rangers took over the case and were still investigating. Guyger, a four-year veteran of the department, was charged with manslaughter, booked into Kaufman County jail that evening and was freed an hour later after posting $300,000 bond, according to jail records. Given the contradictions in Guyger's story, officials say she could face stiffer charges once her case goes to a grand jury.
Allison Jean flew to Dallas from the family’s native St. Lucia after the shooting. Her son will be buried on the Caribbean island Thursday. “She took my life away, like my very own life,” said Jean's mother, Allison. “She has to face whatever the law says. The very Bible says to render to Caesar that which is Caesar so if Caesar says to pay a penalty for a life, then she has to pay.”
For now, his family is left to grieve and seek answers. They gathered this weekend for a vigil at Jean's Dallas church, where the congregation honored him with one of his favorite hymns, "My God is Real," and a friend compared him to holy men of the Bible who gave friends spiritual guidance and "evangelized every day." His loss, he said, is "a disservice to humanity." It's also why Kaepernick and so many others continue to speak out in righteous rage, said family attorney Benjamin Crump, who said Jean's death should "astonish most sensible Americans…Black people have been killed by police in some of the most arbitrary ways in America. Blacks have been killed for ‘driving while black’ in their automobiles, ‘walking while black’ in their neighborhoods and now ‘living while black’ in their own apartment."
Critics online echoed him. The harsh clear lesson, said one: "Suit. Tie. Christian. Respectable. At home. Black. Dead." Jean's mother Allison Jean, a former government official of St. Lucia, likewise cited the clear racism behind her son's murder in an interview, calmly arguing a white man would not have met the same grim fate. “Botham loved God. Botham loved you. Botham loved mankind," she said. "God loves us all the same, and this has to stop."
As I heard about this young man's life, I couldn't help but be reminded about my oldest son. My son, who will be 25 tomorrow has been actively involve in church since his youth. Like Jean, he sings in the choir, and is currently a minister and founder of an organization dedicated to help others. This could have just as easily been either of my two sons. My thoughts and prays go out to the Jean family. Hopefully Jean's tragic death will open the eyes of those burning their Nike gear and help them realize that police killing unarmed people is a real problem that needs to first be acknowledged and then solved.
Race-based discrimination is common in the hiring process.
For example, racial minorities are less likely than whites to receive a callback when they apply for a job. There are also wide earning gaps, with African-Americans and Latinos earning a fraction of what whites and Asians do.
Research has shown African-Americans get fewer job callbacks than whites. astarot/Shutterstock.com\
When analyzing these problems, researchers and others tend to focus on how the experiences of racial minorities compare with those of whites. Often missing is whether there are differences among individuals of the same racial group in terms of how they experience bias.
That is where my new study, which focuses on perceptions of others’ racial identities, comes in.
People have more than one identity, such as being a mom, a Muslim, an athlete, a scientist and so on.
Just as we commonly think about the importance of each of our identities to who we are – such as being a dad or very religious – we make the same assessments of other people. That is, we evaluate other people’s identities to understand which ones are most fundamental to who they are.
And it turns out, the conclusions we come to about each other’s “perceived identities” can have a big effect on how we interact with them.
As a researcher who has spent the last 19 years examining diversity and inclusion, I was interested in how perceptions of identity affected a racial minority’s prospects as a job applicant. More specifically, I wanted to know if the perception that an applicant has a strong racial identity affected her ability to get a job and how much she’d get paid.
Past research has shown that our inferences about others’ personal identities can influence how we interact with them.
In some cases, people might talk about how their identity is important to them, or how it reflects a critical part of who they are as a person. In other cases, we make assessments based on cues. For example, we might think someone strongly identifies as Latino when they are members of a Latino student organization. Or, we might infer a weak identity among people who engage in actions that are seemingly contrary to the interests of their group.
For example, psychologists Cheryl Kaiser and Jennifer Pratt-Hyatt found found that whites interact more positively with racial minorities they believe weakly identify with their race – and more negatively with those with stronger racial identifies. Specifically, whites expressed more desire to be their friends and offer favorable ratings of their personality.
Presumed identity and work
Drawing on their work, Astin Vick, a former student of mine, and I examined whether African-American women’s and Latinas’ presumed racial identity affect their job ratings.
Using an online data collection platform, we asked 238 white people who indicated that they currently or previously worked in the fitness industry to review the application of someone applying to be a club manager. They were told to review a job description, a hiring directive from the club owner, a summary of each applicant’s relevant background and a picture.
All applicants had the same experience, work history and education. The pictures were used to indicate an applicant’s race. Most importantly, we varied each applicant’s relevant affiliations and community service to suggest whether she had a strong identification to her racial group or a weak one.
For example, membership in the Latino Fitness Instructors Association or volunteering for former President Barack Obama’s campaign would signal a strong identification to an applicant’s Latina or black racial group. Belonging to the neutral-sounding Intercollegiate Athletics Coaches Association or volunteering for Obama’s opponent in the 2012 presidential campaign, Mitt Romney, would signal a weak one.
The participants then filled in a questionnaire to measure their perceptions of the applicant they reviewed, including work attributes such as “untested” or “expert,” hiring recommendation and suggested salary.
Our results showed that most people did in fact use cues from the application file to form views of the applicant’s racial identity, which in turn informed their hiring and salary recommendations. Essentially, as we expected, applicants perceived as identifying strongly with their racial group were less likely to be recommended for a job. And, when they were, received lower suggested salaries – on average US$2,000 less – than those signaling weak associations.
The story does not end there, though, since we also knew each participant’s gender. And we found that men showed a slightly different pattern than the one described above.
Men recommended roughly the same salaries for African-American women and Latinas who identified weakly with their racial groups. But for those with strong perceived identifies, they penalized Latinas far more than African-Americans. That is, they recommended the club pay Latinas with a strong racial identify about $5,000 less than African-Americans.
These small changes can add up over time. Over a 15-year tenure with a company, that difference results in $96,489 difference in inflation-adjusted earnings.
Our study illustrates several key points.
First, though racial minorities, as a collective, face bias in employment, there is considerable within group variability. An applicant’s specific race matters, as does her or his presumed racial identity.
Second, raters use cues on a resume to infer a job applicant’s racial identity. They then use this information in their decision-making. Aware of this pattern, some job seekers remove race-related activities on their resumes, what Sonia Kang, an associate professor of organizational behavior, refers to as racial whitening.
Finally, research has shown that diversity in the workplace leads to greater organizational performance and employee well-being. As such, employers would be wise to be on the lookout for biases like the one we found that are likely to lead to less diverse workforces and take steps to overcome them when hiring new workers.
Republished with permission under license from The Conversation under a Creative Commons license.
A Texas jury found a white former police officer who shot and killed Jordan Edwards, an unarmed black teenager last year guilty of murder.
Roy Oliver fired three rifle rounds into a car full of teenagers, which included Edward's sixteen year old brother who was driving and another brother, as they were leaving a party in the Dallas suburb of Balch Springs in April 2017. Fifteen-year-old Jordan Edwards, who was unarmed and sitting in the passenger seat, was struck and killed. Edwards was a first-year student at Mesquite High School where he played football.
Edwards' brother was held in police custody overnight for the purpose of questioning him as a witness. Police originally claimed there was alcohol present, during the trial, the jury learned there was no alcohol present at the party, despite what police had initially said.
"It's been a hard year … I'm just really happy," Edwards's father, Odell, told reporters at the court after the verdict on Tuesday.
At the time of the shooting, Oliver claimed the vehicle was trying to run over his partner, but several witness accounts and body-cam footage showed the car was moving away from the officer. A vigil was held at Edwards's school on the evening of May 1, 2017.A lawyer for Edwards' family demanded the arrest of Oliver.
Oliver was placed on administrative leave following the shooting and fired from the Balch Springs police force on May 2, 2017 after police admitted the video of the shooting contradicted Oliver's initial statement.
Police originally stated there was an "unknown altercation with a vehicle backing down the street towards the officers in an aggressive manner". After reviewing body cam footage, Police Chief Jonathan Haber later admitted that the vehicle was not moving toward the officers, but rather away from them.
Local reporters, who were present in the courtroom on Tuesday as the verdict was read, reported that there were hugs, claps and cheers from the family of Edwards.
Oliver faces between five and 99 years in prison for the murder. His sentencing hearing began immediately after the trial. The former police officer was acquitted of manslaughter and aggravated assault.
Daryl Washington, Edwards's lawyer, said the verdict is not just about justice for the young teenager's family but for the families of all unarmed black people killed by police.
"This case is not just about Jordan," Washington told reporters, adding that "it's about Tamir Rice, it's about Walter Scott, it's about Alton Sterling, it's about every unarmed African American who has been killed and who has not got justice".
The Guardian identified more than 1,090 police killings the previous year.
Nearly a quarter of those killed by police in 2016 were African Americans, although the group accounted for roughly 12 percent of the total US population.
According to watchdog group The Sentencing Project, African American men are six times more likely to be arrested than white men.
These disparities, particularly the killing of African Americans by police, has prompted the rise of the Black Lives Matter movement, a popular civil rights movement aimed at ending police violence and dismantling structural racism.
The HUD secretary came to town last year and declared residents were no longer at risk, three decades after the federal government took over public housing here. In fact, the complexes are falling apart and a woman was killed in the weeks before his visit.
By Molly Parker, The Southern Illinosian
EAST ST. LOUIS, Ill. — The city’s administrative building was decorated for a festive affair when U.S. Housing and Urban Development Secretary Ben Carson arrived here last September. An Americana themed banner draped the back of a raised stage. Red, white and blue balloons floated in the foreground.
“This is really an exciting day,” Carson told a crowd of a few dozen city and community leaders. “It is a day of transition and a day of progress.”
In October 1985, HUD officials arrived here unannounced and seized control of the East St. Louis Housing Authority, citing poor living conditions and fraud. Carson was in town to return it to local control.
In a brief speech, Carson said that when former President Ronald Reagan’s HUD took over the housing authority five presidential administrations ago, “the residents were at risk, and the future of our children was at risk.”
Inspectors reported such problems as windows and doors that didn’t lock, infestation, mold and mildew, fire safety violations, holes in walls, broken appliances, peeling paint and missing lead-based paint inspection reports. Among the properties that failed, HUD inspectors estimated an astounding 5,405 violations. One-quarter were deemed life threatening.
In at least one case, persistent security problems may have played a role in a tenant’s death.
Around 4 a.m. on Aug. 8, 2017, Winston made a frantic call to 911, told dispatchers someone was trying to break in, screamed and hung up the phone. When police arrived at the John Robinson Homes, they found her first-floor kitchen window shattered and Winston dead upstairs, her body on the right side of her bed. Her toddler was in a nearby playpen.
In the months preceding her death, Winston made repeated requests to the housing authority, then still under HUD’s control, to fix the window, according to family and friends. It didn’t lock and was missing a security screen, commonly seen on other windows throughout the apartment complex. Winston’s complex failed its HUD inspection last year.
Carson did not tour any public housing complexes in East St. Louis when he visited last September, HUD spokesman Jereon Brown said in a written response to questions. At the time, Carson also was not aware of Winston’s death, Brown wrote. Asked if Carson stood by his remarks, the spokesman declined to comment.
“The path forward for public housing is not a dilemma that is limited to East St. Louis,” Brown said in an email.
The neglect of public housing in big cities like New York, Chicago and Washington, D.C. has been widely documented. But the crisis is also hitting small towns and mid-sized cities — places like Peoria, Illinois; Gary, Indiana; Birmingham, Alabama; Hoboken, New Jersey; Buffalo, New York; and Highland Park, Michigan, HUD property inspections show.
And now, after years of congressional funding cuts to public housing programs, the Trump administration has proposed slashing far more. HUD funding for major repairs at public housing complexes, for instance, has fallen 35 percent — from about $4.2 billion in fiscal 2000 to $2.7 billion in 2018, according to the Center on Budget and Policy Priorities, a liberal-leaning think tank. Earlier this year, the White House proposed completely eliminating this funding.
St. Clair County State’s Attorney Brendan Kelly said a homicide investigation into Winston’s death remains open.
Kelly, who is also the Democratic nominee for a U.S. House district that includes East St. Louis, has been critical of HUD. After reviewing inspection reports for the properties given to him by The Southern Illinoisan, Kelly said they should have prompted the housing authority to further assess and fix security concerns in all units, and flagged HUD to make sure it was done.
Roughly one in every four of the 27,000 East St. Louis residents live in public housing.
“HUD failed Alexis and so many others there that simply want to live in peace and safety,” he said. “How can anyone put their lives together and lift themselves out of the circumstances that lead them to public housing if you are fighting for your own safety every day?”
A century ago, the city of East St. Louis was a powder keg. During the World War I industrial boom, African Americans flooded the city, looking for jobs. Shut out of work in the South, some were willing to cross picket lines, angering many white workers.
In the summer of 1917, a white person drove into a black neighborhood and sprayed homes with gunfire. Other black people reported being pulled from their cars by whites and beaten that night. Black citizens returned fire, unintentionally striking two police officers in a parked car who had arrived to investigate the shootings. Over the course of three days in July, dozens of black people were beaten and lynched, one of the most savage race-based attacks in the 20th century. Whites set fire to their homes and shot at them when they ran.
Some black residents fled town and never came back, but far more moved in.
In the 1930s, between the world wars, discussions began about building two public housing developments in East St. Louis — one each for black and white residents. After years of political infighting, protests and attempts to scrap plans for African-American housing altogether, more than 400 families moved into the Samuel Gompers Homes and John Robinson Homes in 1943.
East St. Louis’ population peaked at more than 82,000 in the 1950s — and several additional large public housing complexes were built.
But since then, the city has been in a freefall. Between roughly 1960 and 1990, the city lost more than 13,000 jobs. The white middle class had already moved. During this time period, much of the black middle class packed up and left, too.
In 1990, about five years after HUD took over the housing authority, then-Illinois Gov. James Thompson agreed to spend $34 million to pull the city from the brink of bankruptcy. But that couldn’t prevent East St. Louis from turning over the deed to its four-year-old City Hall that same year after losing a lawsuit filed by a man who was beaten by another inmate while in jail on a traffic violation.
“Many American cities such as Los Angeles, Baltimore and Detroit have neighborhoods where need is urgent, but they differ from East St. Louis in one important respect,” East St. Louis noted in a 1995 report to HUD, discussing its housing needs. “They can shift resources from more affluent neighborhoods into poorer ones, whereas East St. Louis has such pervasive poverty and a woefully inadequate tax base that shifting is exceedingly difficult.”
“As an East St. Louis native, it pains me to see my old home town in such extreme distress,” said Sen. Dick Durbin, D-Ill., who was raised in East St. Louis. Residents here “suffer from one of the highest violent crime and homicide rates in the country” and “deserve better,” he said.
Durbin, a member of the Senate Appropriations Committee, said he’s helped East St. Louis secure half a million dollars to install a new security and lighting system at two large public housing complexes. Durbin also supported efforts by Mayor Emeka Jackson-Hicks to end the receivership. In an interview last year, the senator said the federal takeover had long been a “sticking point” for city leadership because they wanted the opportunity to manage the housing authority on behalf of their residents. Durbin said he has confidence in Jackson-Hicks, who was elected in 2015, that he didn’t have in previous leaders.
“But it is clear that more work remains to keep the families living within ESLHA [housing authority] safe,” he said.
Neither Winston nor any immediate family members had ever lived in East St. Louis Housing Authority apartments, but she added her name to the waiting list in the winter of 2017.
At the time, Winston and her baby were staying with Winston’s mom, Florince Harlan, in Belleville, Illinois, a short distance away. When Royal turned 1, Winston had started working as a clerk at Circle K in St. Louis and she was eager to establish her independence.
The first apartment she was offered was in the John Robinson Homes. Harlan said she was concerned about it by reputation. “I didn’t want her to go there,” she said.
The John Robinson Homes was named for an ex-slave, a Civil War captain and turn-of-the-century civil rights leader. The complex sits downtown, in the shadow of the Gateway Arch on the Illinois side of the Mississippi River. The signs of neglect are clear: holes in the soffit lining of the roof exposing ragged yellow insulation, a boarded-up community center with holes in the windows that appear to have been caused by bullets. Inside the units, there are mice, roaches, holes in walls, leaky ceilings and missing appliances.
After moving in, Winston reconnected with Devanie Moran, a close friend from grade school who lived in another public housing complex, John DeShields Homes, a half-mile away. They had children about the same age; the moms worried together about keeping their kids safe.
Moran showed Winston where the management office of the apartment complex was located, and how to file a work order. Moran knew the drill, having moved in several years before Winston. At one point, Moran’s living room ceiling leaked so badly “it was basically raining inside.”
Farlon Wilson lives on the opposite end of the complex from Winston. Leaking pipes caused a hole in Wilson’s living room ceiling that the housing authority patched over, and she continues to battle a mold problem with bleach, which she believes is making her children sick. Her bathroom sink fell off the wall. She would have preferred to live elsewhere but this was the apartment offered to her and she took it.
Winston’s mom and sister said that Winston wasn’t thrilled about moving into the John Robinson Homes, either. But she was determined to keep an upbeat attitude, her mom said.
“We accepted this because you have to accept something low in order to get to something big,” Harlan said.
When HUD officials took over the housing authority in 1985, they told reporters that they would improve living conditions and the housing authority’s finances. Over three decades, the housing authority’s financial condition improved from a $14 million deficit to a surplus. A few longtime residents said living conditions had also improved in the earlier years of HUD’s takeover, but then declined again.
Longtime tenants such as Delbra Myles have complained that the housing authority hasn’t painted occupied units for 20 years. This isn’t just a cosmetic problem. The paint chipping from window sills and bathtubs may contain toxic levels of lead, according to a lead paint assessment that was conducted in April for the Samuel Gompers Homes, which was built for whites but is now occupied almost exclusively by black families. That report was obtained by The Southern Illinoisan through a public-records request.
HUD inspectors have cited Gompers for missing lead-based paint inspection reports for years. From 1995 to 2016, while HUD was the receiver, state health department test records show at least 70 cases of children with dangerously elevated lead levels. Lead poisoning can cause lifelong developmental delays and health problems in affected children. The cause of the children’s high lead levels has not yet been established.
Mildred Motley, the East St. Louis Housing Authority’s executive director, said her agency is examining “the exact impact of the alleged lead levels” and has applied for a grant from HUD to assist with removing or sealing lead paint, if necessary. Brown, the HUD spokesman, declined comment on the missing lead paint assessments during HUD’s receivership.
The troubles go beyond lead paint. In audits of the East St. Louis Housing Authority in 2011 and 2012, HUD found that the housing authority double-billed the federal government for certain salaries and unit renovations, and mismanaged stimulus funds during the recession of the late 2000s.
In 2012, HUD’s Office of Inspector General found that the department’s failures to give East St. Louis the consistent leadership and detailed attention it needed had prolonged its receivership and led to “significant management and operational” shortcomings.
The report concluded that HUD “needs to improve its structure for managing receiverships.” Since taking over East St. Louis, HUD has placed about 20 more housing authorities into administrative receivership. Three remain under HUD’s control, all of them in small majority African-American cities in the Midwest: Gary, Indiana; Wellston, Missouri; and Alexander County, Illinois, home of Cairo, the southernmost town in the state.
The day of Winston’s death, Carson was in Cairo, about two hours from East St. Louis, speaking with tenants of two 1940s era housing complexes that HUD plans to demolish because they are no longer safe. The decision to shut down the Cairo complexes after years of neglect and HUD oversight failures was one of Carson’s first major decisions as secretary.
Five days after Carson visited East St. Louis and declared the housing authority in excellent shape, HUD’s inspector general released yet another damning report about the city’s housing agency. This one accused a private management company, working on the housing authority’s behalf, of improperly paying workers and awarding contracts to companies owned by employees or their spouses instead of honestly evaluating bids. In a response contained within the report, the company noted that its president initially contacted HUD when “made aware of an employee conducting fraudulent activities,” but disagreed with the amount of money the inspector general claimed was overpaid to workers. The housing authority has ended its relationship with the company.
It didn’t take long after Winston moved in for issues to arise, Winston’s family and friends said. For starters, the mice and roaches were everywhere, her mom said. Harlan said she bought her daughter a bug bomb, and they set it off in her apartment. But what bothered Winston the most was the lack of security.
Winston tried repeatedly to get her kitchen window fixed.
Moran, Winston’s friend from grade school, recalls going to the management office more than once to help Winston file work orders. When she visited the office a final time, an employee said, “Be patient because they barely have maintenance men,” Moran said.
When that came to nothing, Harlan said she accompanied the petite 4’ 9” Winston — her family called her “Precious” — to the housing authority’s headquarters a couple of miles away.
A few weeks before her death, one of Winston’s sisters, Laquitsha Bejoile-Hayes, helped her lock the window with a broom handle and two nails. But a permanent repair was never made, and the security screen never arrived.
The inspection report noted that nearly half of inspected windows were inoperable or wouldn’t lock. More than a third had damaged or missing screens. This was out of a total of 25 units inspected between the John Robinson Homes and neighboring John DeShields Homes (the two sites are inspected together as one project).
Nationwide, the failure rate for public housing projects nearly tripled, to over 13 percent from about 4.5 percent, between 2015 and 2017. African Americans were disproportionately more likely to live in unsafe conditions, an analysis by The Southern Illinoisan and ProPublica of HUD inspection scores found. While apartment complexes are expected to pass routine inspections and fix problems in exchange for federal dollars, HUD rarely orders that they be closed and residents moved if that doesn’t happen.
During the past five years, at least 120,000 people, nearly half of them children, lived in public housing apartments that received repeated failing scores, the analysis found.
Earlier this year, Bejoile-Hayes asked Motley, who took over as executive director of the East St. Louis Housing Authority in late 2015, for copies of work order requests Winston had filed. Motley declined to provide them. Subsequently, The Southern Illinoisan submitted a public-records request for work orders from April to August 2017 for the development where Winston lived.
Among the roughly 130 requests for repairs, five were for window repairs. (Tenant names and unit numbers were not included for privacy reasons.) Of those five requests, the records show that an order to fix one broken window was closed on the day it was reported in late April. The others were not closed until at least mid-September, after Winston’s death, the records show.
Motley would not comment on any requests made by individual tenants, including Winston, to repair their units. She said in an emailed statement to The Southern Illinoisan that “window and screen replacements are major improvements which require capital funds.”
Scared to be in her apartment at night alone, Winston spent most nights at her mom’s home. But on Aug. 7, Winston decided to stay overnight at the John Robinson Homes. She had a hearing scheduled for that week at the nearby county courthouse to get child support for her daughter.
A few hours after Winston was killed, a police officer knocked on the door of her sister’s home in Belleville. Tynesha Bejoile was at work, so her fiancé answered. The officer asked him to have Bejoile call the police department as soon as she could.
When Bejoile called the police, she was told that there had been a tragedy in Winston’s apartment. The officer asked her if any immediate relatives could arrange to pick up Royal, who had been taken into the custody of the Illinois Department of Children and Family Services at the scene. “I asked if my sister was OK, and she said, ‘I can’t tell you that over the phone,” Bejoile recalled.
Bejoile-Hayes, another sister, left work and drove to their mom’s house. Florince Harlan, who was asleep, woke up to numerous missed calls, then got another from her ex-husband. A co-worker had told him that rumors were spreading on social media that Winston had been murdered in her apartment.
Bejoile-Hayes drove Harlan and Winston’s stepfather to the John Robinson Homes.
Around 8:30 a.m., they arrived at a scene filled with signs of tragedy: multiple squad cars in the parking lot, crime scene tape stretched across the apartment complex, and two armed officers guarding the front door of Winston’s apartment. Harlan collapsed in pain. Her ex-husband steadied her by the arm.
“That’s when I started screaming,” she said.
Eventually, she went to find Royal at a state office just a short drive away. An officer met Harlan there, and walked her over to the police station, where they confirmed that her daughter had been killed.
Winston’s mom and sisters spent the next 10 days planning burial services. In the days following her daughter’s death, Harlan said she kept thinking about the fact that her daughter had complained repeatedly about her unsecured apartment.
If the screen had been in place, “I think it would have saved her life,” she said.
Winston wasn’t the only East St. Louis Housing Authority tenant to die in the weeks before Carson’s visit. Last July 26, a fire broke out in an eight-story apartment complex for seniors known as the Orr-Weathers E-2 building, located about a mile from where Winston lived.
Derwin Jackson, a tenant in the building, said the alarm sounded loudly on the first floor, but was difficult for some tenants on higher floors to hear. “I’m on the sixth floor. I couldn’t hear it,” he said.
“I believe it’s going to take another life for them to even consider getting this building up to code like they are supposed to,” said Jackson, who was Jefferson’s cousin as well as his neighbor. HUD inspected the property a week before Jefferson died. Like Winston’s complex, it failed, scoring a 37 out of 100 points.
Willie McDaniel, who also lives in the building, said tenants have long complained about the building’s lack of security. People who are not authorized to be in the building sleep in the hallways at night, he said. McDaniel said that it’s not uncommon for feces and urine to linger in common areas for several days.
At a meeting last December, tenants asked for the housing authority to assign one of its security workers to patrol the hallways of this high-rise and others. The housing authority responded that security personnel visit the high-rises several times per day and monitor security cameras from their vehicles. But the housing authority “does not have sufficient resources to have Public Safety stationed at each high rise building,” according to responses included in the housing authority’s annual plan.
Terrell Wren, another resident in the Orr-Weathers high-rise, had a list of complaints, particularly about bedbugs. His bathroom is in shambles. In late April, a jammed hot water knob caused the water to run continuously. “It’s been like this going on three, maybe four months,” he said.
McDaniel said he’s so fed up that he organized a petition drive to Illinois Attorney General Lisa Madigan, asking her office to intervene. A half dozen tenants wrote to Madigan about bugs, frequent hot water outages, and security concerns they say they’ve raised for years. “Help!!!” one tenant wrote.
“They need to condemn this building,” McDaniel said.
Annie Thompson, a spokeswoman for Madigan, said the attorney general’s Consumer Fraud Bureau reviewed the complaints and determined that it does not have jurisdiction in the matter. The complaints will be forwarded to the East St. Louis Housing Authority and copied to HUD, Thompson said.
Lakena Harmon remembers hearing that Winston’s had been killed last August. It was all anyone talked about for several days. “I thought of, what if this happens to me, could this happen to me, and will these windows be able to protect me?”
Although Harmon didn’t know Winston, she thought of her when her own apartment was sprayed with gunfire this spring.
In mid-April, Harmon returned to the Samuel Gompers Homes from a get-together in Belleville. Friends and family had thrown her a gender reveal party. Excited to learn she was having a boy but worn out from the festivities, Harmon said she laid down on her bed at about 10 p.m.
Soon after, she heard what she thought was a rock hitting her window.
When she heard it again, Harmon realized it was gunfire and rolled off her bed, hitting the floor with her pregnant belly. The window shattered, leaving a bullet hole in her bedroom closet door. She was unharmed, but for weeks her window was covered with a plywood board.
As she waited for the window to be replaced, Harmon slept on a mattress in her living room. Then, about two weeks after her window was shot out, she awoke to the smell of raw sewage. “As soon as I put my feet on the floor, it’s all water, all water,” she said. She shuffled across her wet floor to the bathroom and threw up. Then, she started mopping up the mess.
Neighbors have had similar experiences. After the incident, Harmon’s doctor wrote a note for her to give to the housing authority saying she needed to be moved or have her apartment repaired as “exposure to raw sewage creates a health hazard for the patient.” The housing authority hasn’t responded, though, and Harmon said her apartment flooded again on July 31.
Since HUD ended its receivership, living conditions have remained bleak.
A recent assessment showed a staggering backlog of needed repairs at East St. Louis’ public housing complexes. The report said that it would cost $42 million to immediately renovate units and building systems to HUD standards and another $180 million over 20 years.
To put that in context, the housing authority only receives about $3 million each year from HUD for major repairs. It also receives about $9 million in federal operating subsidies, intended to cover the difference between the reduced rents charged to tenants and the estimated cost of managing the apartment complexes. Roughly three of every four dollars the housing authority receives comes from the federal government.
Kelly, the prosecutor who is running for Congress, has been critical of HUD’s lack of investment to improve the East St. Louis housing complexes. He said last September that he was concerned the agency had sought to distance itself from ongoing problems by returning control of the housing authority to local officials without giving them enough resources to fix its problems.
“The aging housing stock continues to deteriorate. The prior repairs have been plagued with inferior workmanship and materials and unskilled maintenance staff. The lack of maintenance staff has also taken a toll on timely repairs,” the local housing authority wrote in a brief report on the issue. In recent years, major systems such as plumbing, electrical, roofing and heating, have not been properly maintained, the report said.
Based on the projected annual funding from HUD for major system repairs, “it will take over a 70-year period to correct the deficiencies” identified by inspectors and in a separate assessment of property conditions.
Brown, the HUD spokesman, called Motley, the local housing authority executive director, “a glimmer of hope for housing in East St. Louis.”
“As committed as she is, she cannot do it alone,” Brown wrote. “There is a direct, indisputable correlation between housing and the local economy.”
The local housing authority “strives to meet HUD standards,” Motley said in an email. “Inspections have identified several items that need to be addressed, and we are in the process of addressing those items.”
Under the transition plan back to local control, the housing authority also was asked to improve security on its properties and track monthly crime statistics.
In April, police received three reports of home invasions and two of shots fired at the John Robinson and John DeShields apartment complexes, which combined house about 300 families. In May, police responded to an aggravated assault and two incidents each of aggravated battery and criminal damage to property. In June, police responded to a criminal sexual assault. At the John Robinson Homes, some windows are still missing security screens, and are sealed with boards and nails.
Winston’s daughter, Royal, is now living with Bejoile-Hayes, her husband and their children.
Bejoile-Hayes said it pains her to think of all the moments her sister is missing, like when her little girl turned 2 this January. Royal was in her pretty white dress, squealing with delight at her brightly colored Trolls-themed birthday party and a few of her favorite foods: a pancake bar with whipped topping, fresh strawberries and chocolate chips.
Late last month, Harlan sued the East St. Louis Housing Authority in St. Clair County Circuit Court, alleging that its failure to secure the window after Winston’s multiple requests contributed to her death. Any money collected will go into a trust fund for Royal’s continued care, Harlan said. She’s also hoping it sends a strong message to the housing authority and HUD about the importance of fulfilling work orders so that “nobody else’s child has to die in those apartments down there.”
The housing authority and HUD, which is not a defendant in the suit, both declined to comment on pending litigation. The housing authority has yet to file a response in court.
“You knew my child needed help,” Harlan said, “and you turned a blind eye.”
Republished with permission under license from ProPublica.
Some university leaders immediately went on the defense.
Harvard University stated that it plans to continue to use race as an admission factor to “create a diverse campus community where students from all walks of life have an opportunity to learn from and with each other.”
But, why is diversity essential for the educational mission of U.S. universities?
Advocates for diversity in higher education emphasize a variety of reasons. They range from business oriented considerations, like the need for a diverse and well-educated workforce to meet the needs of an increasingly diverse marketplace or the belief that diversity fosters innovation and creativity. Another reason is based on the idea that diversity enriches the educational experience of all students on campus, not just minorities.
In addition to the reasons above, we believe that diversity is also an ethical obligation of American universities. We write not only as professors but as higher education administrators with a keen interest in diversity on campus. We believe that promoting diversity in our campuses helps fulfill the inclusive vision that gave birth to our nation. This vision became enshrined in the Declaration of Independence when it proclaimed that “all men are created equal.”
Sadly, the “all men are created equal” proclamation was not a guiding principle for our universities not so long ago. Quite the contrary, they fostered ideas that promoted racial disparagement and exclusion, causing great harm to the country in ways that we must still deal with today. For instance, black students were not admitted to the University of Texas and many other universities until the 1950s, and lack of black representation among students and faculty remains an issue. The pursuit of diversity now can help universities make amends for aggressive anti-diversity practices of the recent past.
Universities and eugenics
At the beginning of the 20th century, many administrators, alumni and faculty members from American universities were at the forefront of the eugenics movement, a pseudoscience that sought to improve the genetic qualities of human populations by selective breeding. The movement was led by presidents of elite private institutions like Harvard, Yale and Stanford, and also at public universities like Michigan and Wisconsin.
Eugenicists championed ideas of racial superiority. For them, the Nordic “race” – that is, people from Northern Europe, like Anglo-Americans – was the master race. Accordingly, they regarded Africans, Asians and even Southern and Eastern Europeans as inferior. They believed the immigration of these groups to the U.S. should be curtailed.
“The Nordic race will vanish or lose its dominance,” renowned Yale professor and economist Irving Fisher warned in 1921. Eugenicists were anti-diversity. They considered immigration and racial mixing a threat. They spoke of the “yellow peril,” the “flooding of the nation with foreign scum” and the arrival of “defectives, delinquents and dependents.” These views are not unlike President Trump’s recent complaints about Mexico sending “rapists” and “criminals,” or about admitting people into the U.S. from “shithole countries.”
The eugenecists’ ideas may not have predated the racial prejudices and segregationist practices that existed in the United States, but they provided academic validity to help sustain those prejudices and practices.
In 1896 the U.S. Supreme Court had paved the way for segregation when it ruled in Plessy v. Ferguson that keeping races “separate but equal” was constitutional. Then in the 1920s, at the height of the racial caste system known as “Jim Crow,” the U.S. government embraced new policies promoted by eugenicists.
Those policies included new anti-miscegenation laws that criminalizedinterracial marriage. They also included forced sterilization programs. These programs affected all racial groups but especially targeted women, minorities and the poor. Eugenicists advocated effectively for forced sterilization in court cases that remained the law of the land for decades.
The eugenics movement also actively advocated in Congress for policies to prevent immigration by “undesirable” racial and ethnic groups. And the movement succeeded. With the Immigration Act of 1924, Congress implemented quotas that favored immigration from Northern Europe and drastically reduced arrivals of Eastern European, Jews, Italians and Africans. It completely stopped immigration from Asia.
These policies were developed to reverse fears of what President Theodore Roosevelt called “race suicide” or the dwindling of the Anglo-American “stock.”
Reversing a racist past
New York lawyer Madison Grant, a graduate of Yale and Columbia, was a prominent eugenicist and friend of President Theodore Roosevelt. In 1916 he published “The Passing of the Great Race,” widely considered the most influential eugenics book. Grant attempts to use science to justify racism. The book was translated to German and after he became Fürher, Adolf Hitler wrote a fan letter to Grant thanking him and praising the book as “his Bible.”
The fact that thinkers from prestigious American universities provided the intellectual foundations for Hitler’s racial cleansing policies is scarcely mentioned in our country. We believe it is time for universities to undertake a discussion about this disturbing chapter of their history – a time when their own community led the development of white supremacist ideologies.It is also timely to reflect on the extraordinary impact universities can have in our nation and the world. A century after the misguided eugenics movement took a hold of higher education in the U.S., most universities now actively work to be inclusive and diverse. They must embrace their renewed values and help lead our nation toward a more just and equitable future.
By Laura Frizzell, Sadé L. Lindsay, and Scott Duxbury, The Ohio State University
On Jan. 24, 2014, police found Josh Boren, a 34-year-old man and former police officer, dead in his home next to the bodies of his wife and their three children. The shots were fired execution-style on Boren’s kneeling victims, before he turned the gun on himself.
On Aug. 8, 2015, 48-year-old David Ray Conley shot and killed his son, former girlfriend and six other children and adults at his former girlfriend’s home. Like Boren, Conley executed the victims at point-blank range.
Both men had histories of domestic violence and criminal behavior. Yet despite the obvious similarities in these two cases and perpetrators, the media, in each case, took a different approach.
When describing Boren, the media focused on his good character and excellent parenting, going as far to call Boren a big “teddy bear” despite a prolonged history of domestic violence. They attributed his crime to “snapping” under the significant stress of his wife’s recent divorce filing.
In Conley’s case, media reports made little attempt to include any redeeming aspects of his personality. Instead, they focused exclusively on Conley’s history of domestic violence and prior drug possession charges. If you were to read articles about Conley, you would likely infer his crime stemmed from his inherently dangerous and controlling personality.
What might explain the differences in media coverage? Could it have something to do with the shooter’s race?
Boren, it turns out, was white; Conley was black.
In a recent study, we explored whether the race of mass shooters influences how the media depict their crime, their motivations and their lives.
We found that the discrepancies in the media coverage of Boren’s and Conley’s crimes were indicative of a broader phenomenon.
Explaining the crime, portraying the criminal
For the study, we randomly selected 433 online and print news articles covering 219 mass shootings from 2013 to 2015. While definitions of a mass shooting can vary, we adhered to the one most commonly used in empirical research: an event in which four or more people are shot, excluding the shooter.
Next, we created a unique data set based on information provided in the articles. We coded each article for a variety of variables associated with the crime and the shooter, including setting of the shooting, number and gender of victims killed and injured and age of the shooter.
After analyzing the data, we found that the shooter’s race could strongly predict whether the media framed him as mentally ill. (Less than 1 percent of the crimes had a female perpetrator.)
In all, about 33 percent of the articles in our study describing the crimes of a white shooter made a mention of mental illness. On the other hand, 26 percent of articles describing a Latino shooter and only two percent of articles describing a black shooter mentioned mental illness.
In fact – holding all aspects of the crime equal – white shooters were nearly 95 percent more likely to have their crimes attributed to mental illness than black shooters. Latino shooters were 92 percent more likely than black shooters to have mental illness mentioned as a factor.
An empathy gap
Furthermore, those articles that did describe a white shooter as mentally ill would often suggest that the shooter had been a generally good person who was a victim of society. The shooting, in other words, was out of character.
For example, in one case, a shooter in a rural trailer park set up a rifle in some bushes and began firing at the family trailer, with his wife, father-in-law and two young children inside. When the police arrived, he turned the rifle on them, hitting two officers before they gunned him down.
Yet subsequent news coverage noted his generally quiet demeanor and his willingness to help family and friends. The man who committed these crimes, one article noted, “wasn’t the same person who loved back-porch cookouts.”
However, such narratives – even within articles that mentioned mental illness – were less common when the shooter was black or Latino.
The graph below includes all news articles in our sample that framed a shooting as stemming from mental illness.
California teenager Jahi McMath, who suffered catastrophic brain injury as a result of a routine tonsil surgery, died on June 22, 2018.
Her death came after four years of her family fighting in court to continue her care in California. Eventually, they moved her to a facility in New Jersey, a state that accommodates religious views that don’t recognize brain death.
Much of the popular discussion in the case centered on the family’s refusal to accept the diagnosis of brain death. However, as a philosopher who writes on bioethics and race, I believe an underappreciated aspect of the discussion was the role of race – both in how the medical personnel dealt with the family and how the family interpreted their interactions with the medical establishment.
The surgery and outcome
On Dec. 9, 2013, the 13-year-old McMath entered Children’s Hospital and Research Center in Oakland, California, for what should have been a routine tonsillectomy. The young girl was, according to her mother’s account, frightened that something would go wrong. Her mother reassured McMath that she would be okay.
McMath’s post-surgical complications began about an hour after her surgery. A nurse provided a bin to catch the blood that McMath had begun spitting up. Although the nurses indicated to the family that some post-surgical bleeding was normal, two hours later, McMath’s blood filled two plastic bins and the bandages packing her nose were saturated with blood. Her hospital gown was also covered in blood.
According to the family, four and a half hours passed before a physician saw her, despite the family’s repeated pleas for intervention. The hospital has maintained that they can not discuss Jahi’s case in detail because of privacy laws. Bleeding complications, though rare, can occur after tonsillectomy because tonsils are near arteries.
As a result of the immense blood loss, McMath’s heart stopped and her brain was deprived of oxygen. Three days later, on Dec. 12, 2013, the medical staff at Children’s Hospital declared McMath brain dead. Hospital personnel encouraged the family to withdraw life support and donate her organs.
McMath’s family refused to accept the diagnosis, and a court battle to keep McMath on life support ensued.
A judge in California initially ruled that McMath could remain on life support until Jan. 7, 2014. However, the Alameda County coroner issued a death certificate anyway.
Philosopher Jeffrey P. Bishop, who holds the chair of health care ethics at Saint Louis University, writing in Harvard Divinity School bulletin noted the ethical oddities of the case. In California, once two physicians confirm brain death, the patient is legally dead. The body is then technically released to the coroner before being released to the family so that they can make arrangements. In the case of McMath, she was still in the hospital and on a ventilator when these procedures kicked in.
From the beginning, the case was tangled up with all sorts of questions regarding the nature and diagnosis of brain death. Although there are long-established criteria, how brain death is determined in practice can vary. These differences in practices can contribute to confusion, particularly among the lay public, about brain death.
Her family rejected the brain death diagnosis alleging the hospital had a conflict of interest and simply wanted McMath’s organs.
Revisiting a history of medical racism
Rather than dismiss the family’s concerns as paranoid or ignorant, it is important to understand the historical realities faced by black patients in their encounters with the U.S. medical system.
There is a long historical record of using African-Americans for medical experimentation. For example, medical experimentation performed by J. Marion Sims, “the father of modern gynecology,” highlights the medical establishment’s disregard for black people.
Sims, who began conducting his gynecological experiments in the 1840s, is credited with developing a surgical procedure to repair vesicovaginal fistula, a hole that develops between the vaginal wall and the bladder, resulting in incontinence. However, Sims achieved his success by experimenting on enslaved women, often without anesthesia.
Sims wasn’t the only one. During the 19th century, medical schools used both enslaved and free black people, often without their consent, to teach their white medical students anatomy, disease progression and diagnosis. This practice continued after slavery.
Additionally, the graves of African-Americans were robbed and their bodies disinterred so that medical students could use black bodies as cadavers. Aware of these practices, African-American communities were deeply suspicious of local medical schools and unsure whether the medical personnel were actually “treating” them or merely “experimenting” on them.
Few examples of the abuse of African-Americans in medical experimentation loom larger than the Tuskegee syphilis experiment – a 40-year-long study of disease progression of syphilis in 600 men in the Tuskegee, Alabama, area that began in 1932. The study was sponsored by the U.S. Public Health Service.
None of the 399 men who had syphilis were ever told of their diagnosis. Nor were these men or their partners treated with penicillin once penicillin became the standard treatment for syphilis in 1945. In 1997, President Bill Clinton issued a formal apology on behalf of the U.S. government to the eight remaining survivors of the Tuskegee experiment.
One presidential apology, however, could not erase the sense of mistrust that many African-Americans feel toward health care institutions.
And the medical injustice continues: There are wide gaps in outcomes between whites and African-Americans in a variety of diseases. For example, the American Cancer Society reports that, of all the racial and ethnic groups in the U.S., African-Americans, are more likely to die from most cancers.
Lower quality of care?
African-Americans also report lower quality of health care and greater dissatisfaction with the care they receive. In addtion, they are significantly more likely to report experiencing racial discrimination and negative attitudes by health care personnel than non-Hispanic whites.
Medical mistrust and the resulting dissatisfaction have been connected to patient anxiety, as well as lower engagement in health care decision-making between patient and provider.
“No one was listening to us, and I can’t prove it, but I really feel in my heart: if Jahi was a little white girl, I feel we would have gotten a little more help and attention.”
Sadly, Winkfield is not alone in her suspicions.
It is possible that the ultimate outcome might still have been tragic. Even with the most attentive care, McMath might have died. However, the family feeling that the medical team did not do all that they could have done for their loved one, and that this, for them, was a function of race, needlessly inflicted additional injury.
On July 3, 2018, a ribbon-cutting ceremony for the renovated St. Louis Gateway Arch grounds was held. The history of the Arch is rooted in exclusion and racist policy. Black businesses were evicted to make room for the Arch and blacks were denied employment opportunities during the Arch construction. 53 years later, blacks were not represented in the ribbon cutting ceremony although the City of St. Louis has a majority black population.
The photo above is symbolic of how black people are constantly being removed for the benefit of others. The City of St. Louis removed blacks from the riverfront, sections of downtown including the Mill Creek Valley to build Pruitt Igoe.
The Mill Creek area was supposedly blighted, however, my father, who will be 90 later this year, told me many of the residents of Mill Creek were homeowners who took pride in their homes and kept them up. When I saw pictures of Mill Creek Valley, it looked very similar to the Soulard and Lafayette square neighborhoods.
In 1959, demolition of the neighborhood began, displacing over 20,000 residents, 95% of whom were black. Keep in mind, during this time the federal government was still actively redlining and withholding funds to improve black neighborhoods. Of the $120 billion worth of new housing subsidized by the government between 1934 and 1962, less than 2 percent went to nonwhite families.
The Interstate highways wiped out many predominantly black neighborhoods and turned them into surface parking and highways or isolated them contributing to their failure. Even the Cookie Thornton shooting was related to black removal. Most recently, the false promises of Paul McKee and the NGA project resulted in the further displacement of black families and neighborhoods all under the guise of urban renewal. James Baldwin pointed out in a 1963 interview that, "urban renewal..means negro removal".
People of African descent have played a large role in St. Louis since the city’s founding in 1764. Downtown St. Louis was a center of black cultural, economic, political, and legal achievements that have shaped not only the city but the nation as well. Early census figures show blacks, both free and slave, lived in St. Louis from its earliest days under French and Spanish colonial rule. By the 1820 census, 10,000 slaves lived in Missouri, about one-fifth of the state’s population, however only 347 "free colored persons" lived in Missouri. That same year, the Missouri Compromise admitted Missouri to the Union as a slave state. Evidence of black life in downtown St. Louis has been erased from the City's landscape and memory. See: "African Americans in Downtown St. Louis".
In 1935 St. Louis approved a bond issue for a project commemorating Jefferson’s Louisiana Purchase and to clear an area of empty, “blighted” warehouses. A study by the Post-Dispatch at the time of the 1935 vote found the riverfront wasn’t a derelict district that needed to be cleared. The paper found 290 active businesses and a 2% vacancy rate on 37 blocks that would become the Arch.
Let's not forget the original motivation for the St. Louis Arch. It was built to honor St. Louis' role in westward expansion, a time when Manifest Destiny was used to push Native Americans and Mexicans out of their lands. It is estimated 10 million+ Native Americans were living on land that is now the United States when European explorers first arrived in the 15th century. It is estimated that over nine million Native Americans were killed after European settlers arrived.
"Illegal aliens have always been a problem in the United States. Ask any Indian."
As the United States expanded westward, violent conflicts over territory multiplied. In 1784, one British traveler noted:
“White Americans have the most rancorous antipathy to the whole race of Indians; and nothing is more common than to hear them talk of extirpating them totally from the face of the earth, men, women, and children.”
After the American Revolution, many Native American lives were already lost to disease and displacement. In 1830, the federal Indian Removal Act called for the removal of the ‘Five Civilized Tribes’ – the Cherokee, Chickasaw, Choctaw, Creek, and Seminole.
Between 1830 and 1838, federal officials working on behalf of white cotton growers forced nearly 100,000 Indians out of their homeland. The dangerous journey from the southern states to “Indian Territory” in current Oklahoma is referred to as the Trail of Tears. By 1837, 46,000 Native Americans had been removed from their homelands, thereby opening 25 million acres for predominantly European settlement.
Ferguson should have acted as a wake-up call to the entire St. Louis region. This year will mark the fourth anniversary of Michael Brown's death, but the City of St. Louis and the greater St. Louis region are either in denial or indifferent about its exclusionary institutionalized racist and oppressive nature. As Dr. Martin Luther King Jr. aptly stated, “a riot is the language of the unheard".
Considering the history of what the St. Louis Arch commemorates and the history of its construction, the lack of diversity in the ribbon cutting symbolized St. Louis' culture of racism. It's time to start listening to the unheard!
There are two ways to enter the United States, legally or illegally. Entering the country illegally is a crime. If I commit an illegal act, no matter how well intentioned my actions are, I will be subject to arrest. If I am arrested with small children, I would have no reasonable expectation of not being separated from my my children.
Yes, many laws are unfair. Black people in the U.S. have been subject to walking and driving while black, and other while black actions have been criminalized including most recently, barbecuing and StarBucking while black. It is almost universally recognized that when you are arrested, even if you're arrested unfairly, your children will be separated from you while under arrest.
The worst example of forced child separation occurs within our criminal justice system. Just as the forced removal of Indian children became illegal in the late '70s, the United States began an accelerated process of mass incarceration that quintupled the number of U.S. prisoners.
Many people spend weeks, months and even years locked up while they await trial, half a million of the 2.3 million people behind bars are simply there because they are too poor to pay bail (even though we know that money bail only marginally impacts court attendance). Many of these mostly nonviolent people end up losing their jobs, homes or custody of their children before they’ve even had a chance to plead their case in court.
By Jessica Pryce, Florida State University
During the last few weeks, hundreds of families have been separated, following the Trump administration’s “zero tolerance” policy towards illegal immigrants. Even though the separations have reportedly stopped, it is not clear when the families will be unified. There are also reports of children being possibly put in foster homes and at least one teenager missing, after walking out of a shelter.
As a scholar who is actively engaged in child protection research and who examines the unnecessary removals of children from their parents, I am all too aware that the repercussions of such policies often take a lifetime to undo.
Another period of state-sanctioned separations was in the 1800s, after President Andrew Jackson authorized the Indian Removal Act. Native Americans, mostly youth, were forcibly taken out of their homes and communities and asked to walk for miles to a specially designated “Indian territory.” Thousands died on that journey. It has since been named the “Trail of Tears.”
The government, nonetheless went ahead with its policies and mandated that Native American children be educated apart from their families in boarding schools. This was a method of creating a distance between children and their Native American parents so that they would slowly let go of their native values – what scholars today describe as forced assimilation.
This practice went on until the passing of the Indian Child Welfare Act of 1978 when Native American parents were given the legal right to refuse boarding school education.
The internment of Japanese-Americans was also a time of enactment of exclusionary policies by the American government. President Roosevelt ordered that Japanese, many of them United States citizens, be forcibly removed and held in camps. Children, even infants, were placed in these camps with their parents, and sometimes without.
It is “common sense,” adds DeGruy, who has spent many years researching the multigenerational trauma, that hundreds of people who endured slavery would continue to pass on behaviors, such as anger, violence and shame, down to contemporary generations.
Scholars have also researched the impact of American Indian boarding schools. Their findings included reports of abuse in boarding school and how that manifested in their later years. As children, they were found to have high levels of depression. Research has also linked the adverse childhood experience of boarding school with difficulty in managing stress as adults.
Within the foster care system, scholars have long researched the harm in multiple placements, meaning moving children from one foster care placement to another. Children who experience such unstable placement experience, after being separated from their families, suffer from profound distress and a loss of belonging.
The trauma of separation leaves deep physical and psychological impact that carries into adulthood. This essentially means the healthy development of a child is disrupted in many ways.
These past comparisons bring us to what is occurring today. President Trump’s executive order has stopped any additional separations, but it does not undo the damage that has already been set in motion.